OBE-Based

Dispute
Resolution and
Crisis/Incident
Management
A Course Module for Students

Burauen Community College

i
For Internal Use Only
Dispute Resolution
and Crisis/Incident
Management
A Course Module for Students

Burauen Community College

Written and Designed by

Burauen Community College
Burauen, Leyte
localcollegebcc@gmail.com

Prepared by
Christian A. Bagon, Rcrim
bagonchristian14@gmail.com

i
 BCC VISION
Burauen Community College shall emerge as the
premier local public educational institution in
Eastern Visayas which is responsive to the needs of
the community, and develops students to meet the
economic, social, and environmental challenges as
active participants in shaping the world of the
future.

BCC MISSION
Burauen Community College offers holistic, and
outcomes-based experiential learning to develop
the youth to be responsible individuals with
integrity and service as agents of equality. It will
serve as a venue for the development of individuals
in the areas of academics, research, community
extension, and innovative technology.

ii
 Dispute Resolution and Crisis/Incident
Management

Burauen Community College

© 2021

ALL RIGHTS RESERVED. No part of this publication All rights are reserved. No part of
this publication may be reproduced, stored in a retrieval system or transmitted in
any form or by any means, electronic, mechanical, photocopying, recording or
otherwise, without prior permission of the institution.

This module contains information obtained from highly regarded resources. A wide
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For students who want to purchase additional copies of this module, you may
send your request to locallcollegebcc@gmail.com or you may visit the institution
for an in-person request.

iii
 TABLE OF CONTENTS

6
PREFACE
7
MIDTERM DISPUTE RESOLUTION
8
UNIT I BARANGAY JUSTICE SYSTEM
8
A. History of Katarungang Pambarangay
10
B. Lupon Tagapamayapa
C. Mediation Through the Punong 11
Barangay
14
UNIT II RESTORATIVE JUSTICE
15
A. Restorative Justice Core Values
B. Fundamental Principles of Restorative 16
Justice
16
C. The Way Restorative Justice Works
18
Learning Activities
20
References

iv
 Preface

This course deals with the study of the process of dealing and
resolving conflicts/disputes resolution and crises management. It includes the
art of intervention through mediation and reconciliation of disagreements
between stakeholder’s agencies. Likewise, the course includes handling of
crises that the criminal justice personnel are commonly encountered.
Moreover, the study significantly provides mechanisms on how to adopt
strategies in dealing with potential and actual crises which are being
addressed by concerned agencies and authorities from law enforcement,
corrections and communities.

Explain the concepts, nature and procedures governing dispute resolution.

3.
Differentiate Arbitration, Conciliation and Mediation;
4. Classify the legal procedure governing the alternative dispute resolution
(ADR).
5. Recognized the laws related to the subject.
6. Apply the different form of solving conflicts (arbitration, conciliation and
mediation).
7. Know different techniques in handling crisis/inciden
The course's objectives are for the student to explain the concepts,
nature and procedures governing dispute resolution; Differentiate Arbitration,
Conciliation and Mediation; Classify the legal procedure governing the
alternative dispute resolution (ADR); Recognized the laws related to the
subject; apply the different form of solving conflicts (arbitration, conciliation
and mediation) and know different techniques in handling crisis/incident.

6 Bagon ‖ Dispute Resolution and Crisis/Incident Management

PART I : MIDTERM
Barangay Justice System and the
Restorative Justice

7 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 1 Dispute Resolution

CONTENTS
Unit I. Barangay Justice
System
Unit II. Restorative
Justice

OUTCOMES
LO3. Know the basic
concept of PD 1508 or
Katarungang Pambarangay
Law as a means of settling
disputes;

OBJECTIVES Barangay Justice System, also known as

At the end of this module, Katarungang Pambarangay, is a local justice
the students will be able system in the Philippines. It is run by the
to: barangay, the smallest of the local government
1. Evaluate the entities, and is overseen by the barangay
Concept of PD captain, the barangay's top elected official and
1508 as a means executive. The Katarungang Pambarangay is a
of amicably settling three-person mediation in which the mediators
disputes are drawn from volunteers in the barangay.
2. Discuss and
The barangay captain, along with other
introduce the
barangay locals, sits on the Lupon
jurisdiction of the
Tagapamayapa, which is the committee that
Lupon in settling
resolves conflicts and other issues. They do not
disputes constitute a court as they do not have judicial
3. Differentiate powers.
retributive and The program was created to help
restorative justice. decongest the existing courts, and it mostly
functions as an "alternative, community-based
method for conflict resolution, also known as
a "compulsory mediation procedure at the
village level."

HISTORY
1.1 OF KATARUNGAN
PAMBARANGAY

8 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 The origins of the
Katarungang Pambarangay, like What is Katarungan
most traditional community Pambarangay?
structures in other countries, are
unknown; however, for decades, Katarungan Pambaragay is
elders from neutral barangays a system of justice
acted as mediators in disputes
administered at the barangay
between members of various
level for amicable settlement
barangays.
of disputes through mediation,
This method was simple but conciliation, or arbitration
maybe crude, but it was more among the family or barangay
effective than going to court to members without resorting to
resolve the dispute. Furthermore, the courts.
the decision-makers in the
process were people who It is a community-based
understood the people's mechanism for dispute
traditions better than robed resolution, it covers disputes
Judges. The current Katarungang
between members of the
Pambarangay system is focused
on these time-honored practices
same community (generally,
of resolving disputes amicably same city/municipality) and
among family and barangay involves the Punong Barangay
members without resorting to and other members of the
the courts. communities (the Lupon
members) as intermediaries
President Ferdinand Marcos (mediators, conciliators, and,
signed Presidential Decree sometimes, arbitrators).
1508, also known as the
Katarungang Pambarangay
The Katarungan
Law, into law on June 11,
Pambarangay law had the
1978. P.D. 1508 has been
somewhat amended since then following objectives:
by Republic Act 7160, but the
original intent and concept as 1. To promote the speedy
envisioned by P.D. 1508 remain administration of justice
largely the same. 2. To minimize the
indiscriminate filing of cases
Presidential Decree 1508 (as in courts
amended), which established the 3. To minimize the congestion
Katarungang Pambarangay of court dockets and thereby
system, does not claim to enhance the quality of
implement a new concept of
justice dispensed by the
dispute resolution in the
courts
Philippines. Instead, it
acknowledges and formalizes the 4. To perpetuate and recognize
village-centered dispute the time-honored tradition of
resolution tradition.

9 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 amicably settling disputes at Also, the Barangay Justice
the community level. System planned to complement
the courts in administering
The main strategy for justice.
settling disputes is to
provide: a. The parties must go
through the Barangay
1. A venue for the disputing Justice System proceedings
parties to search for a first before going to court.
mutually acceptable
solution. b. Failure to do so would
2. The primary role of the mean the dismissal of the
system is not to decide parties’ claim or
disputes and impose a counterclaim.
solution on the parties but to c. It is only when the
assist the parties in Barangay Justice System
discussing the possible has failed to resolve the
amicable settlement of their dispute that the parties will
disputes. be allowed to bring their
3. The Punong Barangay and case to court.
the Lupon members do not
act as judges or adjudicators Simply put, the Barangay
of disputes but as facilitators Justice System offers a
for the disputing parties’ peaceful, low-cost, and fast
discussion of possible forum for dispute resolution
solutions. where parties can openly
4. The personal appearance discuss ways for amicably
and participation of the settling their differences without
disputing parties are resorting to the courts.
necessary.
5. While the non-appearance of 1.2 Constitution of Lupon
the parties will have Tagapamayapa
corresponding sanctions.
6. Because of the need for the The Barangay Chairperson
disputing parties for has the authority to appoint the
personal participation in the Lupon members and no need for
conciliation proceedings, approval, confirmation, or
disputes involving non- ratification of the Barangay
natural persons like Council. If the Barangay
corporations are not subject Chairman fails to organize the
to the conciliation Lupon, the latter can be charged
proceedings of the Barangay with neglect of duty and be
Justice System. subjected to administrative
sanctions. (Section 1).

10 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 majority of the Lupon
Composition of Lupon members.
Members
The functions of the Lupon
 A minimum of Ten (10) and are threefold
a maximum of twenty (20)
members a. To exercise administrative
 The chairperson of the supervision over the
Lupon is the Brgy. Captain mediation panels
himself and the Brgy. (Pangkats);
Secretary act as Lupon b. To meet regularly once a
secretary. month to provide a forum
for the exchange of ideas
Qualification of Lupon among its members and
members the public on matters
relevant to the amicable
a. Any person who is an settlement of disputes;
actual resident of the and
Barangay or working in c. To exercise other powers,
the barangay duties, and functions as
b. Legal Age and Possesses may be prescribed by law
the following or ordinance.
c. Integrity, impartiality,
flexibility As mediators, the Pangkat
d. Probity, patience, members are deemed "persons
resourcefulness, open- in authority" as defined in the
mindedness, and Revised Panel Code of the
flexibility. Philippines. Mediators also serve
without compensation, believing
Lupon Member Term of that conflict management within
Office the community is their duty.

Each Lupon Member shall 1.3 Mediation Through the

serve for three (3) years unless Punong Barangay
terminated by:
Can a Juridical person or
a. Resignation corporation file a complaint
b. Transfer of residence or through Punong Barangay?
place of work
c. Death A juridical person or
d. Withdrawal of corporation such as a
appointment by the cooperative cannot file a
Barangay Chairman as complaint because it is not a
concurred with the party to an amicable settlement.

11 Bagon ‖ Dispute Resolution and Crisis/Incident Management

Any case involving a Land Disputes, And
cooperative or people’s Action to Annul a
organization will be taken to Judgment Upon a
court directly, without the Compromise.
need for mediation or
conciliation. Can an individual file directly to
court for cases under the
What about if the parties katarungan pambarangay?
involved are incompetent or a
minor? No individual can file
directly to the court or any
If incompetent or minor is government office for
involved, he should be adjudication of dispute if the
represented by a legal matter is within Lupon’s
guardian or next of Kin who is jurisdiction. Parties must go
not a member of the bar. through with the Barangay
conciliatory proceedings or the
Cases Under the courts will dismiss the case for
Katarungang Pambarangay? lack of cause of action or
prematurity.
Both civil and criminal
disputes where the parties What is the effect if Both parties
reside in the same City or failed to appear before the
Municipality are subject to an Lupon?
amicable settlement. Cases
covered by the Katarungang If the complainant failed to
pambarangay. appear before the Lupon
without justifiable cause. The
Cases Exempted in complaint will be dismissed
Katarungang Pambarangay and the complainant cannot
file his case in court. He can
a. Offenses Involving also be reprimanded/punished
Government Entity; for indirect contempt.
b. Offenses with Maximum
Penalty of 1 Year and If the respondent is the one
Exceeding Fine Five who failed to appear without
Thousand (P5,000.00); justifiable cause, any
c. Offenses with No Private counterclaim by him/her will be
Party; dismissed and be barred from
d. Real Properties in filing in court and can also be
Different Cities or punished for indirect contempt
Municipalities, Disputes of court.
That Need Urgent Legal
Action, Labor Disputes,

12 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 However, if both parties
appear before the Lupon Conciliation is a process
Tagapamayapa, as a mediator wherein the Pangkat forgoes
you will assist them to resolve the power to decide or
their dispute and help them find recommend but assist the
a solution to their case within parties to isolate issues and
15 days. But if only the plaintiff options to reach a settlement
appears and the respondent by consensus that jointly
does not appear the case shall satisfies their needs
be referred to the Pangkat
Tagapagkasundo since no Complainant — plaintiff
settlement was made. Jurisdiction is an authority to
hear and decide a case and
In any case, that amicable given by law and cannot be
settlement is reached at the agreed upon by the parties
Lupon level all agreement of
their terms and conditions Katarungang Barangay (KP)
should be put into writings in a is a system of justice
dialect known to the parties. administered at the barangay
Then, after 10 days the level for amicable settlement
agreement will be executory as of disputes through mediation,
it has force and effect of a conciliation, or arbitration
decision of a court. among the family or barangay
without resorting to the courts.
Terms to Ponder
Lupong Tagapamayapa
Amicable Settlement is an (Lupon) is a body organized
agreement reached during in every barangay composed of
mediation and conciliation Punong Barangay as the
proceedings. chairperson and not less than
ten (10) and more than twenty
Arbitration is a process from which the members of
wherein the third party from every Pangkat shall be chosen.
outside the judicial system is
chosen by parties to hear and Mediation is a process
decide their dispute. wherein the Lupon chairperson
or Barangay Chairperson
Arbitration Award is the assists the disputing parties to
decision reached by either the reach a settlement by
lupon chairperson or pangkat, consensus that jointly satisfies
as the case may be, upon prior their needs.
agreement in writing by the
parties to a dispute for the Pangkat Tagapagkasundo
adjudicators to resolve it. (Pangkat) is a conciliation

13 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 panel constituted from the crimes, are morally entitled
Lupon membership for every to a proportionate
dispute brought before the punishment;
Lupon consisting of three (3)  that it is inherently morally
members after the Punong good—good without regard
Barangay has failed in his to any other goods that may
mediation efforts. arise—if some legitimate
punisher gives them the
Respondent — defendant punishment they deserve;
 that deliberately punishing
Venue is the place where the the innocent or inflicting
case is to be heard and unnecessarily high penalties
decided. This is not fixed by on wrongdoers is morally
law except in criminal cases impermissible.
and can be agreed upon by the
parties. Retributive justice is a
type of criminal justice that
UNIT II. RESTORATIVE AND focuses on punishing
RETRIBUTIVE JUSTICE offenders and compensating
victims. The severity of the
If a convict breaks the law, penalty is generally proportional
retributive justice requires to the magnitude of the crime.
that they suffer as a result,
and that the penalty be What is Restorative Justice?
proportional to the crime.
Retribution—and hence Restorative Justice is a
retributive justice—is type of justice in which
impersonal, focuses solely on remorseful offenders accept
crime, has inherent limits, does responsibility for their acts,
not derive gratification from the particularly in relation to their
suffering of others, and follows victims and the community.
procedural rules. With the participation of the
victims, the perpetrator of the
The term "retributive crime, and the community in
justice" has been described in a the search for remedies that
number of ways, but it is best promote repair, rehabilitation,
defined as a type of justice that and reassurance, it provides a
adheres to the following three sense of duty to make things
principles: right. As a result, the victim,
defendant, and/or any other
 That those who commit individual or community
certain forms of member impacted by the crime
wrongdoings, which are participate effectively in the
called paradigmatic severe restorative justice process to
14 Bagon ‖ Dispute Resolution and Crisis/Incident Management
address problems resulting from b. the victim, the harm
the criminal offense, often with and opportunity for
the help of a fair and impartial forgiveness, and
third party. c. the community,
relationships.
Other examples include
mediation, conferencing, Outcomes and measurement
sentencing/support circles, and to restorative justice
other restorative methods. The programs, based on each
restorative outcome is the values are:
conclusion reached as a result
of a restorative justice process. The Offender
Restorative results include
restitution, community service, Apology- either oral or
and some other action or written, recognizing
response aimed at ensuring the responsibility and not seeing
victim's and offender's oneself as a victim and
reparation and reintegration. realizing and acknowledging
the harm suffered by the
Restorative Justice is a victim.
legal philosophy that focuses on
repairing the harm that Reintegration- earning his or
criminal behavior has her place back in the
caused. If that isn't possible, community, particularly
it's best to use cooperative through the action plan
processes that allow all willing developed under the healing
stakeholders to meet, but there the harm process.
are other options if that isn't
possible. Individuals, The Victim
partnerships, and cultures may
all be affected. Harm- assessing what harm
was done, developing a case
2.1 Restorative Justice Core plan to repair the harm, and
Values creating an action plan for
those responsible for healing
Restorative Justice is and repairing the harm.
based on the balance focused
on the offender, victim and Forgiveness- the opportunity
community. The values, is extended for the victim to
according to each participant, accept an apology from the
are; offender and to extend
a. the offender, apology forgiveness.
or shaming and
reintegration, The Community

15 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 crime to participate in its
Relationship- healing broken resolution. The ingredients
relationships and creating new of inclusions are;
relationships. invitation,
acknowledgement that the
Four Key Values of the person invited has unique
Restorative Program interest and recognition
that he or she might want
1. Encounter- create to try alternative
opportunities for victims, approaches.
offenders and community
members who want to do 2.2 Fundamental Principles
so to meet to discuss the of Restorative Justice
crime and its aftermath.
The elements of an 1. Justice requires that we
encounter are: meeting, work to restore those who
narrative, emotion, have been injured: victims,
understanding and communities and even
agreement. offenders.
2. Those most directly
2. Amends- except offenders involved and affected by
to take steps to repair the crime-victims, offenders
harm they have caused. and community-should
The four elements of have the opportunity to
making amends are; participate fully in the
apology, changed response if they wish.
behavior, restitution and 3. While the government is
generosity. responsible for preserving a
just public order, the
3. Reintegration- seeks to community’s role in
restore victims and establishing and
offenders as a whole, maintaining a just peace
contributing members of must be given significance.
society. The elements of
reintegration are; The way Restorative Justice
acknowledging human Works
dignity and worth,
providing material The main process takes
assistance and offering place at a restorative justice
moral spiritual direction. conference (RJC), chaired by a
facilitator, to which victims and
4. Inclusion- provide offenders and appropriate
opportunities for parties support people are invited. The
with a stake in a specific three key components of the

16 Bagon ‖ Dispute Resolution and Crisis/Incident Management

restorative justice equation are
the offender, the victim and the
community. Obviously, a
willingness to cooperate is
central to the concept. To be
involved on any useful way, the
offender must acknowledge any
responsibility for the crime
committed and express honest
regret. The full implication of
the offense need to be spelled
out and confronted. The
offender needs also to face the
consequences of the offending
and, where possible, make
restitution. Concrete evidence
of more appropriate behavior in
the future is also required.

17 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 Learning Activities:

Activity 1: Engage

Activity 1. Guess the Pic

Instruction: Try to observe and comprehend what the image(s) in each
item objectives based on the preceding discussion.

1.

Answer: __ __ __ __ __ __ __ __ __

2.

Answer: __ __ __ __ __ __

3.

Answer: __ __ __ __ __ __ __ __ __

18 Bagon ‖ Dispute Resolution and Crisis/Incident Management

 4.

Answer: __ __ __ __ __ __ __ __

5.

Answer: __ __ __ __ __ __ __ __ __ __ __

Activity 2: Definition
Instruction: In your own words, briefly define and explain each of the
following.

1. Amicable Settlement
2. Mediation
3. Arbitration
4. Lupon Tagapamayapa
5. Pangkat Tagapagkasundo

Activity 3: Debate

Instruction: Divide the class into two groups and allow each learner
to defend the question below:

Retributive vs. Restorative Justice: To Blame or to Forgive?

19 Bagon ‖ Dispute Resolution and Crisis/Incident Management

20 Bagon ‖ Dispute Resolution and Crisis/Incident Management
 Dispute Resolution and Crisis/Incident
Management Prelim

REFERENCES

Festin, G. (2016). The Alternative Dispute Resolution and the

arbitration Law. Rex Book Store.

Republic Act No. 876. An Act to authorize The Making of arbitration

and Submission agreements, To Provide For the Appointment of
Arbitrators and The Procedure of Abritration In Civil Controversies, And
for The Purposes. Official Gazette.

Republic Act No. 9285. 2004. An Act to Institutionalize The Use Of

An Alternative Dispute Resolution System In The Philippines And To
Establish The Office For Alternative Dispute Resolution, And For Other
Purposes (Phil.)

BIBLIOGRAPHY Tschannen-Moran, M. (2001, January). The Effect of a state-wide Conflict

Management Intiative in School. Retrieved from Research Gate:
https://www.researchgate.net/publication/234679797_The_Effects_of_a_State-
Wide_Conflict_Management_Initiative_in_Schools

Dispute Resolution and Crisis/Incident Management ‖ Bagon 21