Dispute resolution and crisis/incident management

Dispute resolution
What is a dispute?

A dispute is literally a disagreement, argument, or debate.

Why should be the first attempt to resolved the dispute?

A negotiation is a strategic discussion that resolves an

issue in a way that both parties find acceptable.
What if negotiation fails?

Litigation – Is a termed used to described the legal process

by which one party a PLAINTIFF or COMPLAINANT seeks a
remedy for damages caused by another, commonly called
a DEFENDANT.

Hence, any proceeding in court of law where two parties

in an adversarial relationship is litigation.
Types of litigation

1. Civil litigation
2. Criminal litigation
Is there any available solution aside from litigation?

Alternative Dispute resolution (ADR) – Refers to any

means settling disputes outside of the court room.
What law provides for ADR?

1. P.D. 1508 otherwise known as katarungang

pambarangay law.

2. R.A. 7160 – This law expanded the jurisdiction of

katarungang pambarangay.
What is an amicable settlement?

Amicable settlement - resolution between disputing parties

either before or after court action begins.
 Objectives of the katarungang pambarangay

• To obtain a just, speedy and inexpensive settlement of disputes at the

barangay level

• To preserved Filipino culture and traditions concerning amicable settlement

of disputes

• To relieve the courts of docket congestion and enhance the quality of

justice dispensed by them
What are the most common forms of ADR?

1. Mediation
2. Conciliation
3. Arbitration
What is mediation?
Is a form of ADR that you and the other party meet with
the mediator who helps you find a solution to your
dispute outside court room.
Some uses o mediation includes:

• Contract disputes
• Contesting a will
• Disagreements between partners in a business
• Business consumer disputes
• Child custody arrangements
What are six stages of mediation?

Stage 1 mediators opening statement:

• Explains the goals and rules of mediation

• Introduces everyone
• Encourages both side to cooperate
What are six stages of mediation?

Stage 2 disputants opening statement (both party):

• Explains how the issue affects them

• What is their general idea to resolving the dispute
What are six stages of mediation?

Stage 3 joint discussion:

• Both parties will talk

• Determining what issues to be addressed
• The mediator evaluates each side
What are six stages of mediation?

Stage 4 private caucuses

• Both parties will privately talk to the mediator

• Discussing the weakness and strength of their position
What are six stages of mediation?

Stage 5 joint negotiation:

• The mediator brings the parties back together and

negotiate directly
What are six stages of mediation?

Stage 6 closure:

• Put the agreement of both parties in writing

• Ask both parties to sign the written summary of their agreement
• Suggest that they take it to lawyers for review (Optional)
• If the both parties want, they can sign up a legally binding
contract
What if there is no agreement has been made by both parties?

• The mediator may advise to set another meeting later

• The mediator may advise to bring the dispute to regular court

• The mediator may refer the case for conciliation, arbitration

What is conciliation?
Is a form of mediation where the pangkat ng
takapagkasundo, a panel of three (3) mediators selected
from the lupong tagamayapa assist the parties in
formulating their own agreement in a face to face
meeting.
Composition of LUPONS

10-20 people who possess integrity, impartiality, sense

of fairness, probity and good reputation.
Composition of PANGKAT

3 members coming from the lupon constitute the pangkat

1 of the pangkat will be the secretary

1 of the pangkat will be the chairman

1 of the pangkat will act as a member
What if the punong barangay or pangkat ng
tagapagkasundo is still unable to settle the dispute
through mediation or conciliation?

The barangay secretary who is also the secretary of

LUPON will issue a certificate to file action in regular court.
What is arbitration?
Is a face to face dispute resolution process whereby the
punong barangay or pangkat ng tagapagkasundo acting
as an arbitrator.
Characteristics of arbitration:

• More formal than mediation/conciliation

• Simplified version of trial and rules of evidence
• Alternative to litigation
• Confidential in nature
• Contract based agreement
• The results are final and binding
How do you start an arbitration?

Any party involved in the dispute can initiate arbitration

by sending a notice to request or notice to arbitrate to the
other party.
What is an arbitration agreement?

It is a document which states that the parties wants to

resolve their dispute through the arbitration process.
What is an award?

The decision taken by the arbitrator on the dispute is

known award or arbitral award.
Is it possible to challenge the decision of arbitral tribunal?

Limited grounds to challenge the award

1. The award is procured by corruption, fraud or other undue means

2. The arbitrator was partial or corrupt
3. The arbitration hearing was conducted contrary to law
4. The arbitrator is exceeded his or her power
5. There was no agreement or consent by other party to arbitrate
6. The arbitration was conducted without proper notice
Role of punong barangay in R.A. 7160

• Serve as an administrator pursuant to the provision of katarungang

pambarangay law

• Assist parties to reach an amicable settlement through mediation

• Render reasonable decision through the arbitration process

Role of the barangay secretary

• Record/keeps the results of the mediation/conciliation/arbitration

proceedings

• Submit a report to the proper city or municipal courts

Role of the LUPON

• Recruit and appoint lupon members

• Orient and train lupon members

• Constitute the pangkat panel

• Conduct regular montly meetings of the lupon

• Enforced amicable settlement or arbitration awards

 Different types of arbitration
I. Institutional arbitration – Is one where a specialized institution is
appointed and takes the role of administering the arbitration process.

II. Ad hoc arbitration – Is one that is not administered by an institution the

disputants themselves will determine all aspects of arbitration, they can
set their own rule and appoint an arbitration of their choice.

III. Domestic and international arbitration – Is one that is governed by the

united nations commission on international trade law.
Exception to the jurisdiction of the katarungang pambarangay law

• Where one party is a government public officer or employee and a

government juridical person and the dispute is related to their
performance and official function.

• Offense punishable by imprisonment exceeding one (1) year

• A fine exceeding 5,000 Php

• Offenses where there is no private offended party

Exception to the jurisdiction of the katarungang pambarangay law

• Where the disputes involve real properties located in different cities and
municipalities (EXCEPT IF THE BARANGAYS ADJOIN TOGETHER IN DIFFERENT
CITIES AND MUNICIPALITIES)

• Where the accused is under detention

Crisis/Incident management
What is Crisis?
Crisis is turning point in the progress of an affair or a series of events. (long
term)

What is Emergency/Incident?
Emergency defined as a sudden condition or state of affair calling for
immediate action (Suddenly)
 TYPES OF CRISIS AND EMERGENCY/INCIDENT

• Man-made crisis/emergency

• Natural crisis/emergency
 THE (5) “P” OF CRISIS MANAGEMENT
• Prediction

• Prevention

• Preparation

• Performance

• Post-action and assessment

Crime incident
TIME OF ARREST - As a general rule,
arrest may be made on any day of the
week and at any time of the day or night

MODE OF ARREST - An arrest may be

made by virtue of a Warrant of Arrest ,or
Warrantless Arrest as hereinafter provided

WARRANT OF ARREST – It is an order in

writing issued in the name of the People of
the Philippines, signed by a judge and
directed to a peace officer ,commanding
him to arrest a person stated therein and
bring him before the Honorable Court.

WHO ISSUES A WARRANT? – Only

Judges are authorized to issue Warrant of
Arrest and Search Warrant pursuant to
Section 6 of Rule 112 of the Revised Rules
on Criminal Procedure.
WHEN WARRANT OF ARREST NOT
NECESSARY – A Warrant of Arrest is no longer needed
if the accused is already under detention.

EXECUTION OF WARRANT –The head of the

office whom the warrant of arrest has been delivered for
execution shall cause the warrant to be executed within ten
(10) days from receipt.
 LAWFUL WARRANTLESS ARREST
▪ When, in his presence , the person to be arrested has committed,
is actually committing , or is attempting to commit an offense.

▪ When an offense has just been committed and has probable cause
to believe , based on personal knowledge of facts or circumstances,
that the person to be arrested has committed it and

▪ When the person to be arrested is a prisoner who has escaped

from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement area to
another.
Search and seizure incident
VALID WARRANTLESS SEARCHES AND SEIZURES

• Search made incidental to a valid arrest - a person lawfully arrested may be

searched for dangerous weapons or anything which may be used or constitute proof
in the commission of an offense without a search warrant.

• Seizure of goods concealed to avoid Custom duties - Persons exercising police

authorities under the customs laws may effect search and seizure without a search
warrant in the enforcement of customs law.

• Seizure of evidence in plain view - Harris v. United States,390 U.S.

234,236,(1968) says that any object “Falling in the plain view are subject to seizure
and may be introduced as evidence “
REQUIREMENTS OF PLAIN VIEW DOCTRINE
1. The law enforcement officer must have prior justification for an intrusion ( i.e. he is
not a trespasser) or, otherwise , must be in a position from which he can view a
particular area.

2. The discovery of the evidence in plain view is inadvertent. (Discovery by chance)

3. It is immediately apparent to the officer that the item he observes ( i.e. open to the
naked eye and hand ) may be evidence of a crime, contraband , or is otherwise
subject to seizure.

WHEN THERE IS A WAIVER OF RIGHT (Consented search)

To constitute a waiver of this constitutional right, it must appear, first that the right
exist secondly , that the person involved had knowledge ,either actual or constructive,
of the existence of such right; lastly, that said person had an actual intention to
relinquish the right.
• Searches under stop and frisk rule - The designation of the right of a police officer
to stop a citizen on the street, interrogate him, and pat him or weapons whenever
he observes unusual conduct which leads him to conclude that a criminal activity
may be afoot.

• Tipped information - People v. Aruta ,351 Phil 868 (1998) states that : “XXX
Even if the message , as regards to the identities of the appellants, was merely
through radio, there was a clear description of them to enable the policemen to
identify appellants. Under this circumstances , the policeman had reasonable
grounds to believe that the appellants were dealing with or transporting prohibited
drug”

• Silver platter rule – The doctrine that allowed evidence seized by state officers in
an illegal search and seizure to be used against the accused in a criminal trial.

• Exclusionary rule doctrine – A rule of evidence that excludes evidence obtained in

violation of one’s constitutional rights or obtained thru illegal means.

• Fruit of poisonous tree – The doctrine states that once a primary source is shown
to have been obtained unlawfully, any derivative evidence derived from it is likewise
not admissible.
TYPES OF SEARCHES (Against suspects)

▪ Wall Search
▪ Standing Search
▪ Kneeling Search
▪ Prone Search
Crime scene incident
 WHAT IS CRIME SCENE?
Crime Scene
– is an area of vicinity of
occurrence of physical
evidence.
 Types of crime scene
• Indoor
• Outdoor
• Conveyance
 CLASSIFICATION OF CRIME SCENE
PRIMARY – Refers to
the site of the original
or first criminal
activity.
 CLASSIFICATION OF CRIME SCENE
SECONDARY – This
may be subsequent
places which may
include the victim’s
home, suspects home,
suspect’s vehicle, or
any other comparable
indoor or outdoor
area.
 DUTY OF THE FIRST RESPONDERS
Upon arrival at the
crime scene, the first
responder shall assessed
whether the victim is still
alive in case of violent
incident and the same
be brought to the
nearest hospital.
 DUTY OF THE FIRST RESPONDERS
▪ Cordon off the crime scene with whatever available
materials
▪ Evacuate injured person to the nearest hospital
▪ Prepare to take the “Dying declaration” of
severely injured person, if any
▪ Prevent entry/exit of persons within the cordoned
area
▪ Prepare to brief investigators of the situation upon
their arrival
Fire incident
 Duty of the police during fire incident

• Notify the nearest fire department.

• Alert residents in the area.

• Clear the immediate area of vehicles and persons who may hinder the fire
apparatus in their arrival at the fire scene.

• Take charge and be responsible in policing the fire area until the fire
department arrives at the scene

• Request assistance from nearest police station in performing traffic and

crowd control duties at the fire scene.
 Duty of the police upon the arrival of the BFP

• Assist in crowd and traffic control operations at vicinity of the fire scene

• Establish fire lines and traffic diversions.

• Do not allow unauthorized persons to enter the fire line.

 Duty of the fire investigator

• Conduct an initial inquiry through interview and elicitation from all

available witness at the fire scene

• Protect the fire scene and secured coordination from PNP or barangay
personnel

• Once the FGC declares FIRE OUT barricade the perimeter of the fire scene
 Duty of the fire investigator

• Prepare the necessary listing of documents needed as follows:

1. Affidavit of loss pertaining to fire incident

2. Sworn statement of losses submitted to insurance companies
3. Latest complete inventory of stocks prior to fire incident
4. Complete inventory of salvaged item
12. Latest fire safety inspection certificate
5. Complete copies of insurance policies 13. Complete list of employees
6. ITR for the last (3) years 14. Electrical plans
15. Copy of least contract agreement
7. Financial statements for the last (3) years
16. Land title and tax declaration
8. Balance statements for the last (3) years
9. Mayors permit and business license
10. DTI registration
11. SEC registration
 Duty of the fire investigator

• Prepare the necessary listing of documents needed as follows:

• If death results in fire incident the fire investigator shall immediately

sought the assistance of SOCO personnel.
CICL apprehension incident
What is the appropriate treatment for Child in Conflict with the law?

If it has been determined that the child taken into custody if fifteen (15) years
old or below, the authority which will have an INITIAL CONTACT WITH THE
CHILD has the duty to IMMEDIATELY RELEASE the child to the custody of his/her
parents or guardian or in the absence thereof. The child’s nearest relative.
What if the parents, guardian or nearest relative cannot be located or they
refuse to take custody?

The child may be released to any of the following:

• Duly registered non-governmental or religious organization

• A Barangay official or member of the Barangay Council for the protection

of children

• A local Social Welfare and Development Officer

 Proper procedure in taking the child in to police custody

• Explain to the child in simple language and in a dialect that he/she can understand why he/she is
being placed under custody and the offense that he/she ALLEGEDLY committed.

• Inform the child of his/her constitutional rights

• Refrain from using vulgar or profane language words and from sexually advances on the CICL.

• Avoid displaying or using firearms, weapon, handcuffs or other instruments of restraint unless
necessary.

• Refrain from subjecting the CICL to greater restraint than is necessary for his/her apprehension.

• Avoid violence and unnecessary force

• Determine the age of the suspected CICL

What if the age of the child cannot be determine?

The CICL shall enjoy the presumption on minority. He/she shall enjoy all the
rights of a CICL until he/she is proven to be eighteen (18) years older.

What if someone contesting the age of CICL?

They may file a summary proceeding for the determination of the age before
the FAMILY COURT which shall be decide within twenty four (24) hours from
receipt of the appropriate pleadings of all interested parties.
• Immediately but not later than eight (8) hours after apprehension, turn over
the custody of the child to the SOCIAL WELFARE AND DEVELOPMENT OFFICE
or other accredited Non-Governmental organizations, and notify the
parents/guardians.

• Take the child immediately to the proper medical and health officer for
thorough physical and mental examination

• Ensure that should detention of the CICL be necessary, the child shall be
secured in quarters separate from that of the opposite sex and adult
offenders.
• Ensure that all statements signed by the child during investigation shall be
WITNESSED BY THE CHILD’S PARENTS or GUARDIAN, SOCIAL WORKER or
LEGAL COUNSEL in attendance who shall affix his/her signature to the said
statement.

What if there is an absence of the child’s parent, guardian, nearest relative

and local social welfare and development officer. Who shall witness the
investigation of the CICL?

The investigation shall be conducted in the presence of a representative of an

NGO, Religious group or a member of BARANGAY COUNCIL FOR THE
PROTECTION OF CHILDREN (BCPC)
Bomb threat incident
Upon receipt of the bomb threat incident by the PNP:

• Determine the exact location of the establishment under threat

• Instruct the security officer of the establishment to conduct a bomb search

while proceeding to the area.

• Proceed immediately to the scene, alert EOD team for bomb search mission
and fire department before departure.
While in the area near the bomb threat:

• Do not touch, tamper with or disarm any suspected device, explosive or ordnance.

• If a suspected device is located/ found, cause the evacuation of the affected area at least
300 meters away, and Isolate the suspected device.

• Avoid radio transmission and turn-off all electricity and gas unit of the premises/ building.

• Summon ambulance and fire trucks to the scene.

• Await for the arrival of bomb disposal team (EODT).

• Conduct immediate investigation if the incident is over.

Hostage taking incident
Upon arrival at the scene in hostage incident:

• Assess the situation and take positions with maximum cover but with good field of
view/fire.

• Request medical ambulance team, fire truck and rescue van to standby.

• Request assistance from nearest police unit, cordon the area and direct traffic.

• Establish identity and objective of the suspect/s.

• Establish identity of victim/s and determine if anyone is killed or injured.

• Persuade the suspect to surrender and release the hostage.

• Wait for arrival of SWAT and Negotiating Team

Upon arrival at the SWAT and negotiating team:

• Brief the Ground Commander of the situation

• Provide all pertinent information regarding the identity of the hostage taker and its
weapon

• Provide the identity of the hostage(s) and their current condition

• Prepare to receive instructions from the Ground Commander

 PHASES OF HOSTAGE NEGOTIATION
• Capture phase

• Consolidation/transportation phase

• Holding phase

• Termination phase
 THREE (3) TYPICAL TYPE OF HOSTAGE TAKER

• The Professional

• The Psychotic

• The Fanatic
 THREE (3) STAGE OF NEGOTIATION PROCESS

• Open

• Bargain

• Close
What are the negotiables?
Practically ALL demands are NEGOTIABLE money, food,
drinks, transportation and even swapping of prisoners is
negotiable.
 THE NEGOTIATION POLICIES
• The negotiator must have a mature appearance

• The negotiator should not portray himself as the ultimate

decision maker.

• Negotiators must wear a civilian attire

• Civilian participation is strictly prohibited

 SYNDROMES IN HOSTAGE SITUATION

• Stockholm syndrome

• Lima syndrome

• London syndrome
What is the most important factor in hostage negotiation?

Time…
 Mark De Jesus Kanapi
▪ Bachelor of Science in Criminology

▪ Registered Criminologist

▪ Master of Science in Criminal Justice with specialization in Criminology

▪ National Criminology Review Lecturer

▪ Faculty member, Pamantasan ng Lungsod ng Marikina

Thank you! 82