Dispute Resolution

& Crisis Management

Prof. Christian G. Domingo

 Philippine Copyright, 2020

By:
Wiseman’s Books Trading, Inc.
and
Prof. Christian G. Domingo

PUBLISHED AND DISTRIBUTED BY:

WISEMAN’S BOOKS TRADING, INC.

ISBN: 978-621-418-130-8

All Rights Reserved

No part of this book may be reproduced or transmitted in

any form or by means, electronic or mechanical, including
photocopying, recording or by any information storage and
retrieval system, without permission in writing from the
publisher and author.

Any copy of this book without the signature of the author is

considered from illegal source or is in possession of one who
has no authority to dispose of the same.
 TABLE OF CONTENTS

Course Guideline iv
Preface vi
Acknowledgement viii
Introduction ix

PART I: DISPUTE RESOLUTION SYSTEM

AND AMICABLE SETTLEMENT
Concept of Conflict 3
Conflict Approach, Theories and Types 3
Concept of Conflict Resolution & Strategies 5
The Alternative Dispute Resolution Act 8
Terms to Ponder 8
Exception to the Application of ADR 11
International Commercial & Domestic
Arbitration 11
The Office of the Alternative Dispute Resolution 15
Functions and Divisions of the OADR 16
The Advisory Council and Its Role 18
Mediation and Its Procedures 19
Role of Parties and their Counsel 25
Conduct and Place of Mediation 27
Confidentiality of Information 30
Fees and Cost of Mediation 34
International Commercial Arbitration 34
Arbitration Agreement 37
Composition & Jurisdictions of Arbitral Tribunal 38
Conduct of Arbitral Proceedings 44
Place and Language on Arbitration 44
Decision Making by Panel of Arbitrators 49
Amicable Settlement at the Barangay Level 52
History 52
The Lupong Tagapamayapa 55
Roles and Functions of the Lupon 56
Composition of the Lupong Tagapamayapa 56
The Pangkat ng Tagapagkasundo 57
Legal Advice on Matters Involving Questions
of Law 58
Place of Settling Disputes 59
Procedures, Rules and Regulations 60

i
Issuance of Summons, Hearing and Grounds
for Disqualification 61
Settlement Mechanism 61
Conciliation 62
Arbitration 63
Execution 64
Repudiation 64
Summative Evaluation 66

PART II: CRISIS MANAGEMENT AND THE

INCIDENT COMMAND SYSTEM
Basic Concepts 71
Nature of Crisis Management 72
Types of Crisis 72
Doctrine of Crisis Management 73
Phases of Crisis Management 73
Composition of OSCP 76
Terrorism 79
Classification of Terrorists 80
Types of Terrorist Groups 80
Motivations and Group Classification 82
Terrorist Tactics 82
Managing Hostage Situations 84
Stages of a Hostage Situation 85
The Hostage Taker 87
Hostage Negotiations and Models 90
Prison Hostage Situation 91
Planning and Preparation for Hostage Situation 96
Implementation of Methods for Hostage
Situation 98
Negotiation Procedures 99
Incident Command System 99
Backgrounder 99
Terms to Ponder 104
Concepts and Principles on ICS 111
Management Characteristics of ICS 113
Incident Command and General Staff 117
The ICS Organization 123
Policy Statement 123
Implementing Mechanisms 125
The ICS Facilities 130

ii
Transfer of Command, Demobilization
and Close Out 133
Summative Evaluation 136

ANNEXES
Annex A “PNP Operational procedures
on Labor Disputes” 139
Annex B “PNP Operational Procedures
on Rallies and Demonstrations” 142
Annex C “PNP Operational Procedures
on Civil Disturbance
Management Operations” 151
Annex D “PNP Operational Procedures
on Demolition and Ejectment Orders” 154
Annex E “PNP Operational Procedures
on Hostage Situations/Barricaded
Situations” 156
Annex F “PNP Operational Procedures
on Bomb Threat and Bomb Incident
Emergency Response Procedures” 160

REFERENCES 165

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 COURSE GUIDELINE

I. COURSE TITLE:

DISPUTE RESOLUTION AND
CRISIS MANAGEMENT

II. COURSE DESCRIPTION:

Dispute resolution and crisis management is
a study involving the understanding, analysis and
applying best strategies in resolving disputes at the
elementary stage. The restoration of interpersonal
relations among the member of the parties involved are
its primordial end. It also covers those devoted to trace
back the origin of conflicted situations and how it can be
measured and prevented in such a way that promotion
of a peaceful resolution is emphasized. Moreover, the
understanding and application of knowledge on the
Incident Command System as an approach in dealing
with Crisis Management were significantly featured.
The course is intended to enhance the student’s
awareness and competitiveness along with the pursuit
of understanding the nature of conflict resolution and
applying strategic measures and best practices in the
field of crisis management.

III. COURSE RATIONALE

The course Dispute Resolution and Crisis
Management entails a very significant contribution
in the field of criminology, research, law enforcement
and public safety. Thus, students will benefit relevant
knowledge on activities involving dispute resolution and
identify conflicting issues thereby treating them from
becoming a worst case which may be occurred in the
family, workplace, community and society in general.
Furthermore, understanding on the different principles

iv
and methodology in conflict resolution, creating strategic
crime prevention and crisis management efforts will be
a contributory factor.
The promotion of peace and ensuring public
safety requires a deep understanding on how to promote
conflict resolution at the early stage. In the event of
sudden occurrences brought about by either natural or
man-made crisis, the importance of internalizing and
applying knowledge on the principles and procedures
in Crisis Management will capacitate the learners from
being an instrument of peace and public safety on the
future.

IV. COURSE OBJECTIVES

At the end of the course, the student should be
able to:
1. Trace the origin of restorative justice system;
2. Elucidate the concepts, nature and procedures
governing dispute resolution;
3. Apply the implementing rules and regulations
governing the Alternative Dispute Resolution
System and Amicable Settlement;
4. Identify the best principles and strategies in
dispute resolutions;
5. Explain the concept of crisis management and its
governing principles;
6. Apply the procedures in handling hostage
situation thru a simulated crisis scenario.
7. Identify the role of the crisis management units
and understand the mandate of the country’s
approach on Incident Command System;

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 PREFACE

Crime are as old as humankind. According to Dr.

Cesare Lombroso in his “Positivist Theory”, crime is a
social phenomenon which cannot be treated and checked
by the imposition of penalty but through enforcement of
individual measures. In this premise, the understanding
on crime prevention implies everybody’s business. In
order to deal with confronting issues and conflicts within
the family, workplace and in the community, everyone
has to contribute to the general effort of resolving
disputes especially those that are mostly affected.
Simple understanding on the root cause of conflict
and adapting best practices on dispute resolutions will
contribute in the attainment of restoring peace and
promotion of positive interpersonal relations. Moreover,
the knowledge on crisis management principles and
procedures as well as the understanding on the concept
of Incident Command System will be a contributing
factor to the Criminology students being an aspiring law
enforcement and public safety practitioners.

In the most recent curriculum for Criminology

Education under the CHED Memorandum Order Number
05 series of 2018, the subject Dispute Resolution and
Crisis Management was introduced formally into the
Criminology profession. Thus, this book was crafted in
consonance with the framework of the course stipulated
under the said CMO.

This book is intended for the undergraduate

students of Criminology Program, organized simply for
an ease in comprehension and retention of knowledge.
Thus, the presentation started with the introduction on
the concept of restorative justice serving as a preliminary
approach to breach the concept and purpose of
alternative dispute resolution and amicable settlement.
On the other hand, the concepts, principles and
procedures governing crisis management are presented
to provide an understanding on handling hostage

vi
situations including those actions perpetuated by
terrorist’s activities being the common human-induced
crisis mostly occurring in the locality. The Incident
Command System approach are supplementary in this
book to fulfill the understanding on matters pertaining
to systematized procedures and multi-sectoral
coordination efforts especially when it calls for a whole-
wide approach in dealing with crisis situations.

To fulfill the target output, each part of the book

is presented via starting with an end approach. Thus,
learning objectives and suggested teaching methodology
are presented at the beginning of each part while
summative evaluations were featured at the end to
assess the students best learning experience.

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 ACKNOWLEDGEMENT

Above all, to Almighty God that provided the

strength and wisdom making this humble work a reality.
All are for His Glory and Mighty Name.

The author is very glad for the professional

guidance of his Career Adviser and a Big Brother DR.
ROMMEL K. MANWONG and the support of his LEAPS
Academy - Circle of Mentors.

He is likewise indebted to many people in the

academe especially to his JCFC – Institute of Criminal
Justice and Law Enforcement Family and to all the
practitioners and students in the community of
Criminology and Criminal Justice for continuously
patronizing and supporting our local authors.

Moreover, his inspiration along with this humble

work has rooted from the unconditional love and
support of his wife Jenilyn and his daughters Ma.
Catherine Jen, Ma. Jelian and Ma. Francisca as well as
his brother Khatig, Sister Celina, Nanay Cristina and
Tatay Fernando.

CG Domingo

viii
 INTRODUCTION

Restorative justice is an approach to justice in

which the response to a crime is to organize a meeting
between the victim and the offender, sometimes with
representatives of the wider community. The goal is for
them to share their experience of what happened, to
discuss who was harmed by the crime and how, and
to create a consensus for what the offender can do to
repair the harm from the offense. This may include a
payment of money given from the offender to the victim,
apologies and other amends, and other actions to
compensate those affected and to prevent the offender
from causing future harm.
Restorative justice is a new movement in the
fields of victimology and criminology. Acknowledging
that crime causes injury to people and communities,
it insists that justice repair those injuries and that the
parties be permitted to participate in that process.
Restorative justice programs, therefore, enable
the victim, the offender and affected members of the
community to be directly involved in responding to
the crime. They become central to the criminal justice
process, with State and legal professionals becoming
the facilitators of a system that aims the offender
accountability, reparation to the victim and full
participation by the victim, offender and the community.
The restorative process of involving the all parties
is fundamental to achieving the restorative outcome of
reparation of peace. Restorative justice requires that
we work to restore those who have been injured. Those
most directly involved and affected by crime should have
the opportunity to participate fully in the response if
they wish. Government’s role is to preserve a just public
order, and the community’s is to build and maintain a
just peace.
Comparatively, Restorative is a valued-based
approach focused on determining harm resulting from
crime, what needs to be done to repair the harm, and who

ix
is responsible for repairing the harm while Retributive
is an approach focused on determining what law was
broken, who broke it, and how they should be punished.
Restorative view crime as an act against another
person and the community and the control lies in
the community where the community facilitates the
restorative process while Retributive view crime as an
act against the State and a violation of law. The control
lies in the criminal justice system and the community
becomes a sideline, represented by the State.
Restorative justice views crime as an
accountability by both individual and the society and
punishment is not an effective means of changing
behavior because it disrupts community harmony and
good relationship. Retributive justice views crime as
an individual act and individual responsibility and the
offender should be punished in order to deter crime and
change behavior.
On the other hand, Transformative justice is a
general philosophical strategy for responding to conflicts.
It takes the principles and practices of restorative
justice beyond the criminal justice system. It applies to
areas such as environmental law, corporate law, labor-
management relations, consumer bankruptcy and debt,
and family law. Transformative justice uses a systems
approach, seeking to see problems, as not only the
beginning of the crime but also the causes of crime, and
tries to treat an offense as a transformative relational
and educational opportunity for victims, offenders and
all other members of the affected community. In theory,
a transformative justice model can apply even between
peoples with no prior contact.
It can be seen as a general philosophical strategy
for responding to conflicts akin to peacemaking.
Transformative justice is concerned with root causes
and comprehensive outcomes. It is akin to healing
justice more than other alternatives to imprisonment.
The analogy is that Restorative Justice are at
par with the concept of alternative dispute resolution

x
and amicable settlement. In this premise, the dispute
resolution system under R.A. 9285 “Alternative
Dispute Resolution Act” provides the same perspective
– the opportunity of providing freedom of the parties
to decide at their own expense while resolving the
dispute. In addition, the use of ADR is an efficient
tool and an alternative procedure for the resolution
of appropriate cases while enlisting the active private
sector participation in the settlement of disputes.
Another important milestone in the development
of restorative justice is the system of amicably settling
disputes at the barangay level. The system is defined
under the P.D. 1508 “Amicable Settlement Act” which
provides the purpose of perpetuation and official
recognition of the time-honored tradition of amicably
settling disputes among family and barangay members
at the barangay level without judicial resources that
would promote the speedy administration of justice and
implement the constitutional mandate to preserve and
develop Filipino culture and to strengthen the family as
a basic social institution.
The book contains two major parts. The first part
provides the platform on Alternative Dispute Resolution
System and Amicable Settlement as mechanisms of
conflict resolution instead of taking part into the regular
justice system. It presents the legal and procedural
approaches on conflict resolution at the expense of the
parties involved with the participation of the community
and other social organizations.
Another part of the book is the approach on
Incident Command System as fundamental guidelines
in response to crisis management. It aims to promote a
uniformed and organized system at handling all forms
of crisis situations.
Thus, the book is intended to supplement the
need to accommodate the developmental changes on the
new Criminology Curriculum along with the objective of
instilling the student’s convenient way of grasping the
best learning experience in line with the course Dispute
Resolution and Crisis Management.

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

PART I
DISPUTE RESOLUTION SYSTEM AND
AMICABLE SETTLEMENT

Learning Objectives
At the end of this part, the students should be
able to comply with the following:
1. Trace the history of Katarungang
Pambarangay and the Alternative Dispute
Resolution System.
2. Comprehend the concepts of alternative
dispute resolution and amicable settlement.
3. Describe how alternative dispute resolution
system differs from amicable settlement?
4. Describe the difference between arbitration,
conciliation and repudiation.
5. Discuss the different conflict resolution
strategies.

Teaching Methodology
1. Lecture
2. Discussion
3. Quizzes
4. Oral Recitation
5. Summary and Feedbacks

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

Preliminaries
Alternative Dispute Resolution Act of 2004 came
into law for the purpose of promulgating the prescribe
procedures and guidelines for its implementation along
with the policy of the state to promote party autonomy
in the resolution of disputes or the freedom of the
parties to make their own arrangements to resolve their
disputes; to encourage and actively promote the use of
Alternative Dispute Resolution (“ADR”) as an important
means to achieve speedy and impartial justice and to
declog court dockets; to provide means for the use of
ADR as an efficient tool and an alternative procedure
for the resolution of appropriate cases; and to enlist
active private sector participation in the settlement of
disputes through ADR.
Applying the principles governing alternative
dispute resolution will provide the opportunity for the
parties involved in to settle the issue in their own expense
with the support of the local community, authorities of
the law and responsible social organizations with the aim
of restoring interpersonal relations thereby contributory
to the public safety and promotion of peace in general.
Amicable settlement on the other hand, was
formally institutionalized in order to help relieve the
courts of such docket congestion and thereby enhance
the quality of justice dispensed by them. In this
premise, the context of restorative justice has served
to reference the objective of amicably settling disputes
at the elementary level within the Barangay Justice
system, primarily with the objective of restoring personal
relations and initiate effort from those that are mainly
affected.
On this part, the learners will be able to understand
the purpose and goal of alternative dispute resolution,
applying the procedures therein and identify the factors
contributory to the success of its implementation.
Moreover, the learners will be able to realize based on
a practical exercise on how the mechanism on settling

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

disputes can be applied while tracing diligently the

limitations of its application.

The Concept of Conflict

A conflict is a struggle between people. The
struggle may be physical, or between conflicting ideas.
The word comes from Latin “conflingere” means to come
together for a battle. Conflicts can either be within one
person, or they can involve several people or groups.
Conflict is a natural disagreement arising
between two or more people. It exists when they have
incompatible goals and one or more believe that the
behavior of the other prevents them from their own goal
achievement.

Conflict Theories
Conflict theories are perspectives in sociology
and social psychology that emphasize a materialist
interpretation of history, dialectical method of analysis,
a critical stance toward existing social arrangements,
and political program of revolution or, at least, reform.
Conflict theories draw attention to power differentials,
such as class conflict, and generally contrast historically
dominant ideologies. It is therefore a macro-level
analysis of society.
Karl Marx is the father of the social conflict theory,
which is a component of the four major paradigms of
sociology. Certain conflict theories set out to highlight
the ideological aspects inherent in traditional thought.
While many of these perspectives hold parallels, conflict
theory does not refer to a unified school of thought, and
should not be confused with, for instance, peace and
conflict studies, or any other specific theory of social
conflict.

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

TYPES
Conflict theory is most commonly associated
with Marxism, but as a reaction to functionalism and
the positivist method, it may also be associated with a
number of other perspectives, including:
o Critical theory
o Feminist theory: An approach that recognizes
women’s political, social, and economic equality
to men.
o Postmodern theory: An approach that is critical
of modernism, with a mistrust of grand theories
and ideologies.
o Post-structural theory
o Postcolonial theory
o Queer theory: A growing body of research findings
that challenges the heterosexual bias in Western
society.
o World systems theory
o Race-Conflict Approach: A point of view that
focuses on inequality and conflict between people
of different racial and ethnic categories.

MODERN APPROACH ON CONFLICT

Charles Wright Mills (1916–1962) an American
sociologist, and a professor of sociology at Columbia
University from 1946 until his death in 1962. Mills was
published widely in popular and intellectual journals,
and is remembered for several books such as The
Power Elite, which introduced that term and describes
the relationships and class alliances among the US
political, military, and economic elites; White Collar:
The American Middle Classes, on the American middle
class; and The Sociological Imagination, which presents
a model of analysis for the interdependence of subjective
experiences within a person’s biography, the general
social structure, and historical development.

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

Societies are defined by inequality that produces

conflict, rather than which produces order and
consensus. This conflict based on inequality can only
be overcome through a fundamental transformation of
the existing relations in the society and is productive of
new social relations.
The disadvantaged have structural interests
that run counter to the status quo, which, once they
are assumed, will lead to social change. Thus, they are
viewed as agents of change rather than objects one
should feel sympathy for.
Human potential (e.g., capacity for creativity) is
suppressed by conditions of exploitation and oppression,
which are necessary in any society with an unequal
division of labor. These and other qualities do not
necessarily have to be stunted due to the requirements
of the so-called “civilizing process,” or “functional
necessity”: creativity is actually an engine for economic
development and change.

Concept of Conflict Resolution

Conflict resolution is conceptualized as the
methods and processes involved in facilitating the
peaceful ending of conflict and retribution. The term
conflict resolution may also be used interchangeably
with dispute resolution, where arbitration and litigation
processes are critically involved. The term conflict
resolution may also be used interchangeably with
dispute resolution, where arbitration and litigation
processes are critically involved. The concept of conflict
resolution can be thought to encompass the use of
nonviolent resistance measures by conflicted parties in
an attempt to promote effective resolution.
Committed group members attempt to resolve
group conflicts by actively communicating information
about their conflicting motives or ideologies to the rest of
group (e.g., intentions; reasons for holding certain beliefs)

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

and by engaging in collective negotiation. Dimensions of

resolution typically parallel the dimensions of conflict in
the way the conflict is processed. Cognitive resolution
is the way disputants understand and view the conflict,
with beliefs, perspectives, understandings and attitudes.
Emotional resolution is in the way disputants feel about
a conflict, the emotional energy. Behavioral resolution
is reflective of how the disputants act, their behavior.
Ultimately a wide range of methods and procedures
for addressing conflict exist, including negotiation,
mediation, mediation-arbitration, diplomacy, and
creative peacebuilding.
Kenneth Thomas and Ralph Kilmann developed
five conflict resolution strategies that people use
to handle conflict, including avoiding, defeating,
compromising, accommodating, and collaborating.
This assumes that people choose how cooperative
and how assertive to be in a conflict. It suggests
that everyone has preferred ways of responding to
conflict, but most of us use all methods under various
circumstances.

CONFLICT RESOLUTION STRATEGIES

Conflict Resolution Strategy #1: Avoiding
Avoiding is when people just ignore or withdraw
from the conflict. They choose this method when the
discomfort of confrontation exceeds the potential reward
of resolution of the conflict. While this might seem easy
to accommodate for the facilitator, people aren’t really
contributing anything of value to the conversation and
may be withholding worthwhile ideas. When conflict is
avoided, nothing is resolved.

Conflict Resolution Strategy #2: Competing

Competing is used by people who go into a conflict
planning to win. They’re assertive and not cooperative.

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

This method is characterized by the assumption that

one side wins and everyone else loses. It doesn’t allow
room for diverse perspectives into a well-informed total
picture. Competing might work in sports or war, but it’s
rarely a good strategy for group problem solving.

Conflict Resolution Strategy #3: Accommodating

Accommodating is a strategy where one party
gives in to the wishes or demands of another. They’re
being cooperative but not assertive. This may appear to
be a gracious way to give in when one figures out s/he has
been wrong about an argument. It’s less helpful when one
party accommodates another merely to preserve harmony
or to avoid disruption. Like avoidance, it can result in
unresolved issues. Too much accommodation can result
in groups where the most assertive parties commandeer
the process and take control of most conversations.

Conflict Resolution Strategy #4: Collaborating

Collaborating is the method used when people
are both assertive and cooperative. A group may learn
to allow each participant to make a contribution with
the possibility of co-creating a shared solution that
everyone can support.
A great way to collaborate and overcome conflict
is to reach out and touch them.

Conflict Resolution Strategy #5: Compromising

Another strategy is compromising, where
participants are partially assertive and cooperative.
The concept is that everyone gives up a little bit of
what they want, and no one gets everything they want.
The perception of the best outcome when working
by compromise is that which “splits the difference.”
Compromise is perceived as being fair, even if no one is
particularly happy with the final outcome.

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

ALTERNATIVE DISPUTE RESOLUTION SYSTEM

IN THE PHILIPPINES
(Republic Act No. 9285)
Policy of the State
The following statements provides the Policy
of the State as reference for the sustenance of social
justice and promotion of peace while making it at the
early stage of resolution.
 To promote party autonomy in the resolution of
disputes or the freedom of the parties to make
their own arrangements to resolve their disputes;
 To encourage and actively promote the use of
Alternative Dispute Resolution (“ADR”) as an
important means to achieve speedy and impartial
justice and to declog court dockets;
 To provide means for the use of ADR as an
efficient tool and an alternative procedure for the
resolution of appropriate cases; an
 To enlist active private sector participation in the
settlement of disputes through ADR.

Terms to Ponder
o Alternative Dispute Resolution – a means to
achieve speedy and impartial justice to declog
court dockets.
o ADR Provider means the institutions or persons
accredited as mediators, conciliators, arbitrators,
neutral evaluators or any person exercising similar
functions in any Alternative Dispute Resolution
system. This is without prejudice to the rights of
the parties to choose non-accredited individuals
to act as mediator, conciliator, arbitrator or
neutral evaluator of their dispute.
o Alternative Dispute Resolution System means
any process or procedure used to resolve a dispute
or controversy, other than by adjudication of

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

a presiding judge of a court or an officer of a

government agency, as defined in the ADR Act, in
which a neutral third person participates to assist
in the resolution of issues, including arbitration,
mediation, conciliation, early neutral evaluation,
mini-trial or any combination thereof.
o Arbitration means a voluntary dispute resolution
process in which one or more arbitrators,
appointed in accordance with the agreement of
the parties or these Rules, resolve a dispute by
rendering an award.
o Arbitration Agreement means an agreement
by the parties to submit to arbitration all or
certain disputes which have arisen, or which
may arise between them in respect of a defined
legal relationship, whether contractual or not. An
arbitration agreement may be in the form of an
arbitration clause in a contract or in the form of a
separate agreement.
o Authenticate means to sign, execute, adopt a
symbol or encrypt a record in whole or in part,
intended to identify the authenticating party and
to adopt, accept or establish the authenticity of a
record or term.
o Award means any partial or final decision by an
arbitrator in resolving the issue or controversy.
o Confidential Information means any
information, relative to the subject of mediation or
arbitration, expressly intended by the source not
to be disclosed, or obtained under circumstances
that would create a reasonable expectation on
behalf of the source that the information shall not
be disclosed. It shall include:
(a) communication, oral or written, made in a
dispute resolution proceeding, including any
memoranda, notes or work product of the neutral
party or non-party participant;
(b) an oral or written statement made or which
occurs during mediation or for purposes of

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

considering, conducting, participating, initiating,

continuing or reconvening mediation or retaining
a mediator; and
(c) pleadings, motions, manifestations, witness
statements, reports filed or submitted in
arbitration or for expert evaluation.
o Counsel means a lawyer duly admitted to the
practice of law in the Philippines and in good
standing who represents a party in any ADR
process.
o Court means Regional Trial Court except insofar
as otherwise defined under the Model Law.
o Government Agency means any governmental
entity, office or officer, other than a court, that
is vested by law with quasi-judicial power or the
power to resolve or adjudicate disputes involving
the government, its agencies and instrumentalities
or private persons.
o Model Law means the Model Law on International
Commercial Arbitration adopted by the United
Nations Commission on International Trade Law
on 21 June 1985.
o Proceedings means a judicial, administrative or
other adjudicative process, including related pre-
hearing or post hearing motions, conferences and
discovery.
o Record means information written on a tangible
medium or stored in an electronic or other similar
medium, retrievable in a perceivable form.
o Roster means a list of persons qualified to
provide ADR services as neutrals or to serve as
arbitrators.
o Special ADR Rules means the Special Rules of
Court on Alternative Dispute Resolution issued
by the Supreme Court on September 1, 2009.

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

Exception to the Application of the ADR Act

The provisions of the ADR Act shall not apply to
the resolution or settlement of the following:
 labor disputes covered by Presidential Decree No.
442, otherwise known as the “Labor Code of the
Philippines, as amended”, and its Implementing
Rules and Regulations;
 the civil status of persons;
 the validity of marriage;
 any ground for legal separation;
 the jurisdiction of courts;
 future legitime;
 criminal liability;
 those disputes which by law cannot be
compromised; and
 disputes referred to court-annexed mediation.

Liability of ADR Providers/Practitioners

The ADR providers/practitioners shall have the
same civil liability for acts done in the performance of
their official duties as that of public officers, upon a
clear showing of bad faith, malice or gross negligence.

What is International Commercial Arbitration?

Arbitration is any arbitration whether or not
administered by a permanent arbitration institution.
International Arbitration is an arbitration where
the parties to an arbitration agreement have, at the
time of the conclusion of that agreement, their places
of business in different states or one of the following
places is situated outside the Philippines in which the
parties have their places of business wherein -
a. the place of arbitration if determined in, or

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

pursuant to the arbitration agreement;

b. any place where a substantial part of the
obligations of the commercial relationship is
to be performed or the place with which the
subject matter of the dispute is most closely
connected or the parties have expressly agreed
that the subject matter of the arbitration
agreement relates to more than one country.
For the purpose of International Arbitration, the
New York Convention is the United Nations Convention
on the Recognition and Enforcement of Foreign Arbitral
Awards approved in 1958 and ratified by the Philippine
Senate under Senate Resolution NO.71. The following
are important terms to consider:
o Non-Convention Award means a foreign arbitral
award made in a state, which is not a Convention
State.
o Non-Convention State means a state that is not
a member of the New York Convention.
o Appointing Authority as used in the Model
Law shall mean the person or institution named
in the arbitration agreement as the appointing
authority; or the regular arbitration institution
under whose rules the arbitration is agreed to
be conducted. Where the parties have agreed to
submit their dispute to institutional arbitration
rules, and unless they have agreed to a different
procedure, they shall be deemed to have agreed
to the procedure under such arbitration rules for
the selection and appointment of arbitrators. In
ad hoc arbitration, the default appointment of an
arbitrator shall be made by the National President
of the Integrated Bar of the Philippines (IBP) or
his/her duly authorized representative.
o Arbitral Tribunal (under the Model Law) means
a sole arbitrator or a panel of arbitrators.
o Commercial Arbitration means an arbitration
that covers matters arising from all relationships

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

of a commercial nature, whether contractual or

not. Relationships of a commercial nature include,
but are not limited to any trade transaction for
the supply or exchange of goods or services;
distribution agreements; construction of works;
commercial representation or agency; factoring;
leasing; consulting; engineering; licensing;
investment; financing; banking; insurance; joint
venture and other forms of industrial or business
cooperation; carriage of goods or passengers by
air, sea, rail or road.
o Convention Award means a foreign arbitral
award made in a Convention State.
o Court (under the Model Law) means a body or
organ of the judicial system of the Philippines
(i.e., the Regional Trial Court, Court of Appeals
and Supreme Court).

What is Domestic Arbitration?

Domestic Arbitration is an arbitration that is not
international. The following are important terms to
consider:
o Ad hoc Arbitration means an arbitration
administered by an arbitrator and/or the parties
themselves. An arbitration administered by
an institution shall be regarded as an ad hoc
arbitration if such institution is not a permanent or
regular arbitration institution in the Philippines.
o Appointing Authority in Ad Hoc Arbitration
means, in the absence of an agreement, the
National President of the IBP or his/her duly
authorized representative.
o Appointing Authority Guidelines means
the set of rules approved or adopted by an
appointing authority for the making of a Request
for Appointment, Challenge, Termination of the
Mandate of Arbitrator/s and for taking action
thereon.

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

o Arbitration means a voluntary dispute resolution

process in which one or more arbitrators,
appointed in accordance with the agreement of
the parties or these Rules, resolve a dispute by
rendering an award.
o Arbitral Tribunal means a sole arbitrator or a
panel, board or committee of arbitrators.
o Claimant means a person/s with a claim against
another and who commence/s arbitration against
the latter.
o Court means, unless otherwise specified in these
Rules, a Regional Trial Court.
o Day means calendar day.
o Institutional arbitration means arbitration
administered by an entity, which is registered
as a domestic corporation with the Securities
and Exchange Commission (SEC)’ and engaged
in, among others, arbitration of disputes in the
Philippines on a regular and permanent basis.
o Request for Appointment means the letter-
request to the appointing authority of either or
both parties for the appointment of arbitrator/s
or of the two arbitrators first appointed by the
parties for the appointment of the third member
of an arbitral tribunal.
o Representative is a person duly authorized in
writing by a party to a dispute, who could be a
counsel, a person in his/her employ or any other
person of his/her choice, duly authorized to
represent said party in the arbitration proceedings.
o Respondent means the person/s against whom
the claimant commence/s arbitration.
o Written communication means the pleading,
motion, manifestation, notice, order, award and
any other document or paper submitted or filed
with the arbitral tribunal or delivered to a party.

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

What are the Other forms of Alternative Dispute

Resolution?
 Early Neutral Evaluation is an ADR process
wherein parties and their lawyers are brought
together early in the pre-trial phase to present
summaries of their cases and to receive a non-
binding assessment by an experienced neutral
person, with expertise in the subject matter or
substance of the dispute.
 Mediation-Arbitration or Med-Arb is a two-step
dispute resolution process involving mediation
and then followed by arbitration.
 Mini-trial is a structured dispute resolution
method in which the merits of a case are argued
before a panel comprising of senior decision-
makers, with or without the presence of a neutral
third person, before which the parties seek a
negotiated settlement.

THE OFFICE FOR ALTERNATIVE

DISPUTE RESOLUTION
The Office of Alternative Dispute Resolution
is an agency attached to the Department of Justice
which shall have a Secretariat and shall be headed by
an Executive Director, who shall be appointed by the
President of the Philippines, taking into consideration
the recommendation of the Secretary of Justice.
Powers of the OADR
 To act as appointing authority of mediators and
arbitrators when the parties agree in writing that
it shall be empowered to do so.
 To conduct seminars, symposia, conferences and
other public fora and publish proceedings of said
activities and relevant materials/information that
would promote, develop and expand the use of
ADR.

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

 To establish an ADR library or resource center where

ADR laws, rules and regulations, jurisprudence,
books, articles and other information about ADR
in the Philippines and elsewhere may be stored
and accessed.
 To establish a training programs for ADR
providers/practitioners, both in the public and
private sectors; and to undertake periodic and
continuing training programs for arbitration and
mediation and charge fees on participants. It may
do so in conjunction with or in cooperation with
the IBP, private ADR organizations, and local
and foreign government offices and agencies and
international organizations.
 To certify those who have successfully completed
the regular professional training programs
provided by the OADR.
 To charge fees for services rendered such as,
among others, for training and certifications of
ADR providers.
 To accept donations, grants and other assistance
from local and foreign sources.
 To exercise such other powers as may be necessary
and proper to carry into effect the provisions of
the ADR Act.

Functions of the OADR

 To promote, develop and expand the use of
ADR in the private and public sectors through
information, education and communication.
 To monitor, study and evaluate the use of ADR
by the private and public sectors for purposes of,
among others, policy formulation.
 To recommend to Congress needful statutory
changes to develop, strengthen and improve
ADR practices in accordance with international
professional standards.

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 DISPUTE RESOLUTION & CRISIS MANAGEMENT

 To make studies on and provide linkages for

the development, implementation, monitoring
and evaluation of government and private ADR
programs and secure information about their
respective administrative rules/procedures,
problems encountered and how they were
resolved.
 To compile and publish a list or roster of ADR
providers/practitioners, who have undergone
training by the OADR, or by such training
providers/institutions recognized or certified
by the OADR as performing functions in any
ADR system. The list or roster shall include the
addresses, contact numbers, e-mail addresses,
ADR service/s rendered (e.g. arbitration,
mediation) and experience in ADR of the ADR
providers/practitioners.
 To compile a list or roster of foreign or international
ADR providers/practitioners. The list or roster
shall include the addresses, contact numbers,
e-mail addresses, ADR service/s rendered (e.g.
arbitration, mediation) and experience in ADR of
the ADR providers/practitioners.

Divisions of the OADR

The OADR has following staff and service divisions:
 Secretariat – which shall provide necessary
support and discharge such other functions
and duties as may be directed by the Executive
Director.
 Public Information and Promotion Division –
which shall be charged with the dissemination
of information, the promotion of the importance
and public acceptance of mediation, conciliation,
arbitration or any combination thereof and other
ADR forms as a means of achieving speedy and
efficient means of resolving all disputes and to help
in the promotion, development and expansion of

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the use of ADR.

 Training Division – which shall be charged with
the formulation of effective standards for the
training of ADR practitioners; conduct of trainings
in accordance with such standards; issuance
of certifications of training to ADR practitioners
and ADR service providers who have undergone
the professional training provided by the OADR;
and the coordination of the development,
implementation, monitoring and evaluation of
government and private sector ADR programs.
 Records and Library Division – which shall be
charged with the establishment and maintenance
of a central repository of ADR laws, rules and
regulations, jurisprudence, books, articles, and
other information about ADR in the Philippines
and elsewhere.

THE ADVISORY COUNCIL

Composition of the Advisory Council
 Mediation profession
 Arbitration profession
 ADR organizations
 IBP
 Academe
Role of the Advisory Council
The Advisory Council is responsible to advise
the Executive Director on policy, operational and other
relevant matters. The Council shall meet regularly, at
least once every two (2) months, or upon call by the
Executive Director.

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The MEDIATION Process

Mediation is a voluntary process in which a
mediator, selected by the disputing parties, facilitates
communication and negotiation, and assists the parties
in reaching a voluntary agreement regarding a dispute.
The following are important terms to consider:
o Ad hoc Mediation means any mediation other
than institutional or court-annexed.
o Institutional Mediation means any mediation
administered by, and conducted under the rules
of, a mediation institution.
o Court-Annexed Mediation means any mediation
process conducted under the auspices of the
court and in accordance with Supreme Court
approved guidelines, after such court has acquired
jurisdiction of the dispute.
o Court-Referred Mediation means mediation
ordered by a court to be conducted in accordance
with the agreement of the parties when an action
is prematurely commenced in violation of such
agreement.
o Certified Mediator means a mediator certified
by the Office for ADR as having successfully
completed its regular professional training
program.
o Mediation Party means a person who participates
in a mediation and whose consent is necessary to
resolve the dispute.
o Mediator means a person who conducts
mediation.
o Non-Party Participant means a person, other
than a party or mediator, who participates in
a mediation proceeding as a witness, resource
person or expert.
For the purpose of mediation, it shall be applied
voluntarily whether ad hoc or institutional, other than
court-annexed mediation and only in default of an

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

agreement of the parties on the applicable rules. It shall

also apply to all cases pending before an administrative
or quasi-judicial agency that are subsequently agreed
upon by the parties to be referred to mediation.
In applying and construing the rule on mediation,
consideration must be given on the need to promote
candor of parties and mediators through confidentiality
of the mediation process, the policy of fostering prompt,
economical and amicable resolution of disputes in
accordance with principles of integrity of determination
by the parties and the policy that the decision-making
authority in the mediation process rests with the parties.
A party may petition a court before which an
action is prematurely brought in a matter which is the
subject of a mediation agreement, if at least one party
so requests, not later than the pre-trial conference or
upon the request of both parties thereafter, to refer the
parties to mediation in accordance with the agreement
of the parties.
o Selection of a Mediator
The parties have the freedom to select their
mediator. The parties may request the OADR to provide
them with a list or roster or the resumes of its certified
mediators. The OADR may be requested to inform the
mediator of his/her selection.
o Replacement of Mediator
If the mediator selected is unable to act as such
for any reason, the parties may, upon being informed of
such fact, select another mediator.
o Refusal or Withdrawal of Mediator
A mediator may refuse from acting as such,
withdraw or may be compelled to withdraw, from
the mediation proceedings under the following
circumstances:

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 If any of the parties so requests the mediator to

withdraw.
 The mediator does not have the qualifications,
training and experience to enable him/her to
meet the reasonable expectations of the parties.
 Where the mediator’s impartiality is in question.
 If continuation of the process would violate any
ethical standards.
 If the safety of any of the parties would be
jeopardized.
 If the mediator is unable to provide effective
services.
 In case of conflict of interest.
 In any of the following instances, if the mediator
is satisfied that:
a. one or more of the parties is/are not acting in
good faith;
b. the parties’ agreement would be illegal or
involve the commission of a crime;
c. continuing the dispute resolution would give
rise to an appearance of impropriety;
d. continuing with the process would cause
significant harm to a nonparticipating person
or to the public, or;
e. continuing discussions would not be in the best
interest of the parties, their minor children or
the dispute resolution process.

THE ETHICAL CONDUCT OF MEDIATOR

 Competence
It is not required that a mediator shall have special
qualifications by background or profession unless the
special qualifications of a mediator are required in
the mediation agreement or by the mediation parties.

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However, the certified mediator shall:

 maintain and continually upgrade his/her
professional competence in mediation skills;
 ensure that his/her qualifications, training and
experience are known to and accepted by the
parties; and
 serve only when his/her qualifications, training
and experience enable him/her to meet the
reasonable expectations of the parties and shall
not hold himself/herself out or give the impression
that he/she has qualifications, training and
experience that he/she does not have.
Upon the request of a mediation party, an
individual who is requested to serve as mediator shall
disclose his/her qualifications to mediate a dispute.
 Impartiality
A mediator shall maintain impartiality.
a. Before accepting a mediation, an individual who
is requested to serve as a mediator shall:
 make an inquiry that is reasonable under the
circumstances to determine whether there are
any known facts that a reasonable individual
would consider likely to affect the impartiality of
the mediator, including a financial or personal
interest in the outcome of the mediation and
any existing or past relationship with a party or
foreseeable participant in the mediation; and
 disclose to the mediation parties any such fact
known or learned as soon as is practical before
accepting a mediation.
 Confidentiality
A mediator shall keep in utmost confidence all
confidential information obtained in the course of the
mediation process.
A mediator shall discuss issues of confidentiality

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with the mediation parties before beginning the

mediation process including limitations on the scope of
confidentiality and the extent of confidentiality provided
in any private sessions or caucuses that the mediator
holds with a party.
 Consent and Self-Determination
a. A mediator shall make reasonable efforts to ensure
that each party understands the nature and
character of the mediation proceedings including
private caucuses, the issues, the available
options, the alternatives to non-settlement, and
that each party is free and able to make whatever
choices he/she desires regarding participation
in mediation generally and regarding specific
settlement options.
If a mediator believes that a party, who is not
represented by counsel, is unable to understand,
or fully participate in, the mediation proceedings
for any reason, a mediator may either:
 limit the scope of the mediation proceedings
in a manner consistent with the party’s
ability to participate, and/or recommend
that the party obtain appropriate assistance
in order to continue with the process; or
 terminate the mediation proceedings.
b. A mediator shall recognize and put in mind that
the primary responsibility of resolving a dispute
and the shaping of a voluntary and uncoerced
settlement rests with the parties.
Separation of Mediation from Counseling and Legal
Advice
a. Except in evaluative mediation or when the parties
so request, a mediator shall:
 refrain from giving legal or technical advice
and otherwise engaging in counseling or
advocacy; and

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 abstain from expressing his/her personal

opinion on the rights and duties of the
parties and the merits of any proposal
made.
b. Where appropriate and where either or both
parties are not represented by counsel, a mediator
shall:
 recommend that the parties seek outside
professional advice to help them make
informed decision and to understand the
implications of any proposal; and
 suggest that the parties seek independent
legal and/or technical advice before a
settlement agreement is signed.
c. Without the consent of all parties, and for a
reasonable time under the particular circumstance,
a mediator who also practices another profession
shall not establish a professional relationship
in that other profession with one of the parties,
or any person or entity, in a substantially and
factually related matter.

Charging of Fees
a. A mediator shall fully disclose and explain to the
parties the basis of cost, fees and charges.
b. The mediator who withdraws from the mediation
shall return to the parties any unearned fee and
unused deposit.
c. A mediator shall not enter into a fee agreement
which is contingent upon the results of the
mediation or the amount of the settlement.

Promotion of Respect and Control of Abuse of

Process
The mediator shall encourage mutual respect
between the parties, and shall take reasonable steps,
subject to the principle of self-determination, to limit

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abuses of the mediation process.

Solicitation or Acceptance of any Gift

No mediator or any member of a mediator’s
immediate family or his/her agent shall request, solicit,
receive or accept any gift or any type of compensation
other than the agreed fee and expenses in connection
with any matter coming before the mediator.

ROLE OF PARTIES AND THEIR COUNSELS

Designation of Counselor any Person to Assist
Mediation
A party may designate a lawyer or any other person
to provide assistance in the mediation. A waiver of this
right shall be made in writing by the party waiving it.
A waiver of participation or legal representation may be
rescinded at any time.
The Role of the Counsel
 The lawyer shall view his/her role in mediation
as a collaborator with the other lawyer in working
together toward the common goal of helping their
clients resolve their differences to their mutual
advantage.
 The lawyer shall encourage and assist his/her
client to actively participate in positive discussions
and cooperate in crafting an agreement to resolve
their dispute.
 The lawyer must assist his/her client to
comprehend and appreciate the mediation
process and its benefits, as well as the client’s
greater personal responsibility for the success of
mediation in resolving the dispute.
 In preparing for participation in mediation, the
lawyer shall confer and discuss with his/her

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client the following:

- The mediation process as essentially a
negotiation between the parties assisted
by their respective lawyers, and facilitated
by a mediator, stressing its difference from
litigation, its advantages and benefits, the
client’s heightened role in mediation and
responsibility for its success and explaining
the role of the lawyer in mediation proceedings.
- The substance of the upcoming mediation,
such as:
 The substantive issues involved in the dispute
and their prioritization in terms of importance to
his/her client’s real interests and needs.
 The study of the other party’s position in relation
to the issues with a view to understanding the
underlying interests, fears, concerns and needs.
 The information or facts to be gathered or sought
from the other side or to be exchanged that are
necessary for informed decision-making.
 The possible options for settlement but stressing
the need to be open-minded about other
possibilities.
 The best, worst and most likely alternatives to a
non-negotiated settlement.
Other Matters which the Counsel shall do to Assist
Mediation
The lawyer:
 shall give support to the mediator so that his/
her client will fully understand the rules and
processes of mediation;
 shall impress upon his/her client the importance
of speaking for himself/herself and taking
responsibility for making decisions during the
negotiations within the mediation process;
 may ask for a recess in order to give advice or

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suggestions to his/her client in private, if he/she

perceives that his/her client is unable to bargain
effectively;
 shall assist his/her client and the mediator put
in writing the terms of the settlement agreement
that the parties have entered into. The lawyers
shall see to it that the terms of the settlement
agreement are not contrary to law, morals, good
customs, public order or public policy.

CONDUCT OF MEDIATION
The following articles shall be considered in the
Conduct of Mediation
A. The mediator shall not make untruthful or
exaggerated claims about the dispute resolution
process, its costs and benefits, its outcome or the
mediator’s qualifications and abilities during the
entire mediation process.
B. The mediator shall help the parties reach a
satisfactory resolution of their dispute but has no
authority to impose a settlement on the parties.
C. The parties shall personally appear for mediation
and may be assisted by a lawyer. A party may
be represented by an agent who must have full
authority to negotiate and settle the dispute.
D. The mediation process shall, in general, consist
of the following stages:
 opening statement of the mediator;
 individual narration by the parties;
 exchange by the parties;
 summary of issues;
 generation and evaluation of options; and
 closure
E. The mediation proceeding shall be held in
private. Persons, other than the parties, their

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DISPUTE RESOLUTION & CRISIS MANAGEMENT

representatives and the mediator, may attend

only with the consent of all the parties.
F. The mediation shall be closed:
 by the execution of a settlement agreement
by the parties;
 by the withdrawal of any party from
mediation; and
 by the written declaration of the mediator
that any further effort at mediation would
not be helpful.

PLACE OF MEDIATION
Agreement of Parties on the Place of Mediation
The parties are free to agree on the place of mediation.
Failing such agreement, the place of mediation shall
be any place convenient and appropriate to all parties.

Agreement to Submit a Dispute to Mediation by an

Institution
An agreement to submit a dispute to mediation by
an institution shall include an agreement to be bound
by the internal mediation and administrative policies
of such institution. Further, an agreement to submit
a dispute to mediation under institutional mediation
rules shall be deemed to include an agreement to have
such rules govern the mediation of the dispute and for
the mediator, the parties, their respective counsels and
non-party participants to abide by such rules.

Operative Principles to Guide Mediation

The mediation shall be guided by the following operative
principles:
A. A settlement agreement following successful
mediation shall be prepared by the parties with

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the assistance of their respective counsels, if

any, and by the mediator. The parties and their
respective counsels shall endeavor to make the
terms and condition of the settlement agreement
complete and to make adequate provisions for
the contingency of breach to avoid conflicting
interpretations of the agreement.
B. The parties and their respective counsels, if any,
shall sign the settlement agreement. The mediator
shall certify that he/she explained the contents
of the settlement agreement to the parties in a
language known to them.
C. If the parties agree, the settlement agreement may
be jointly deposited by the parties or deposited by
one party with prior notice to the other party/
ies with the Clerk of Court of the Regional Trial
Court (a) where the principal place of business in
the Philippines of any of the parties is located; (b)
if any of the parties is an individual, where any
of those individuals resides; or (c) in the National
Capital Judicial Region. Where there is a need to
enforce the settlement agreement, a petition may
be filed by any of the parties with the same court,
in which case, the court shall proceed summarily
to hear the petition, in accordance with the
Special ADR Rules.
D. The parties may agree in the settlement agreement
that the mediator shall become a sole arbitrator
for the dispute and shall treat the settlement
agreement as an arbitral award which shall be
subject to enforcement under Republic Act No.
876, otherwise known as “The Arbitration Law”,
notwithstanding the provisions of Executive
Order No. 1008, s. 1985, otherwise known as
the “Construction Industry Arbitration Law” for
mediated disputes outside of the Construction
Industry Arbitration Commission.

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CONFIDENTIALITY OF INFORMATION
Confidentiality of Information
Information obtained through mediation
proceedings shall be subject to the following principles
and guidelines:
1. Information obtained through mediation shall be
privileged and confidential.
2. A party, mediator, or non-party participant may
refuse to disclose and may prevent any other
person from disclosing a confidential information.
3. Confidential information shall not be subject
to discovery and shall be inadmissible in any
adversarial proceeding, whether judicial or quasi-
judicial. However, evidence or information that
is otherwise admissible or subject to discovery
does not become inadmissible or protected from
discovery solely by reason of its use in a mediation.
4. In such an adversarial proceeding, the following
persons involved or previously involved in a
mediation may not be compelled to disclose
confidential information obtained during the
mediation:
 the parties to the dispute;
 the mediator or mediators;
 the counsel for the parties;
 the non-party participants;
 any person hired or engaged in connection
with the mediation as secretary,
stenographer, clerk or assistant; and
 any other person who obtains or possesses
confidential information by reason of his/
her profession.
5. The protections of the ADR Act shall continue to
apply even if a mediator is found to have failed to
act impartially.
6. A mediator may not be called to testify to provide

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confidential information gathered in mediation. A

mediator who is wrongfully subpoenaed shall be
reimbursed the full cost of his/her attorney’s fees
and related expenses.

Waiver of Confidentiality
A. A privilege arising from the confidentiality of
information may be waived in a record or orally
during a proceeding by the mediator and the
mediation parties.
B. With the consent of the mediation parties, a
privilege arising from the confidentiality of
information may likewise be waived by a non-
party participant if the information is provided by
such non-party participant.
C. A person who discloses confidential information
shall be precluded from asserting the privilege
under Confidentiality of Information to bar
disclosure of the rest of the information necessary
to a complete understanding of the previously
disclosed information. If a person suffers loss
or damage as a result of the disclosure of the
confidential information, he/she shall be entitled
to damages in a judicial proceeding against the
person who made the disclosure.
D. A person who discloses or makes a representation
about a mediation is precluded from asserting
the privilege mentioned in Confidentiality of
Information to the extent that the communication
prejudices another person in the proceeding and it
is necessary for the person prejudiced to respond
to the representation or disclosure.

Exceptions to the Privilege of Confidentiality of

Information
1. There is no privilege against disclosure in the
following instances:

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 in an agreement evidenced by a record

authenticated by all parties to the
agreement;
 available to the public or made during a
session of a mediation which is open, or is
required by law to be open, to the public
 a threat or statement of a plan to inflict
bodily injury or commit a crime of violence;
 intentionally used to plan a crime, attempt
to commit, or commit a crime, or conceal
an ongoing crime or criminal activity;
 sought or offered to prove or disprove abuse,
neglect, abandonment or exploitation in
a proceeding in which a public agency is
protecting the interest of an individual
protected by law; but this exception does
not apply where a child protection matter
is referred to mediation by a court or where
a public agency participates in the child
protection mediation;
 sought or offered to prove or disprove a claim
or complaint of professional misconduct or
malpractice filed against a mediator in a
proceeding; or
 sought or offered to prove or disprove a claim
or complaint of professional misconduct or
malpractice filed against a party, nonparty
participant, or representative of a party
based on conduct occurring during a
mediation.
2. If a court or administrative agency finds, after a
hearing in camera, that the party seeking discovery
of the proponent of the evidence has shown that the
evidence is not otherwise available, that there is a
need for the evidence that substantially outweighs
the interest in protecting confidentiality, and the
mediation communication is sought or offered in:
a. a court proceeding involving a crime or felony;
or

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b. a proceeding to prove a claim or defense that

under the law is sufficient to reform or avoid
a liability on a contract arising out of the
mediation.
c. A mediator may not be compelled to provide
evidence of a mediation communication or
testify in such proceeding.
d. If a mediation communication is not privileged
under an exception in paragraph (a) or (b), only
the portion of the communication necessary
for the application of the exception for non-
disclosure may be admitted. The admission of
a particular evidence for the limited purpose
of an exception does not render that evidence,
or any other mediation communication,
admissible for any other purpose.

Non-Reporting or Communication by Mediator

A mediator may not make a report, assessment,
evaluation, recommendation, finding or other
communication regarding a mediation to a court or
agency or other authority that may make a ruling on a
dispute that is the subject of a mediation, except:
 to state that the mediation occurred or has
terminated, or where a settlement was reached;
or
 as permitted to be disclosed under the provisions
on the Exceptions to the Privilege of Confidentiality
of Information.
The parties may, by an agreement in writing,
stipulate that the settlement agreement shall be
sealed and not disclosed to any third party including
the court. Such stipulation, however, shall not apply
to a proceeding to enforce or set aside the settlement
agreement.

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FEES AND COST OF MEDIATION

Fees and Cost of Ad hoc Mediation
In ad hoc mediation, the parties are free to make
their own arrangement as to mediation cost and fees.
In default thereof, the schedule of cost and fees to be
approved by the OADR shall be followed.
Fees and Cost of Institutional Mediation
A. In institutional mediation, mediation cost shall
include the administrative charges of the mediation
institution under which the parties have agreed
to be bound, mediator’s fees and associated
expenses, if any. In default of agreement of the
parties as to the amount and manner of payment
of mediation’s cost and fees, the same shall be
determined in accordance with the applicable
internal rules of the mediation service providers
under whose rules the mediation is conducted.
B. A mediation service provider may determine
such mediation fee as is reasonable taking into
consideration the following factors, among others:
 the complexity of the case;
 the number of hours spent in mediation;
and
 the training, experience and stature of
mediators.

INTERNATIONAL COMMERCIAL ARBITRATION

Scope of Application
The rule applies to international commercial
arbitration, subject to any agreement in force between
the Philippines and other state or states and only
if the place or seat of arbitration is the Philippines
and in default of any agreement of the parties on the
applicable rules and shall not affect any other law of

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the Philippines by virtue of which certain disputes may

not be submitted to arbitration or may be submitted
to arbitration only according to provisions other than
those of the ADR Act.
Rules of Interpretation
A. International commercial arbitration shall be
governed by the Model Law on International
Commercial Arbitration.
B. In interpreting the rule, regard shall be had to the
international origin of the Model Law and to the
need for uniformity in its interpretation. Resort
may be made to the travaux preparatories and
the Report of the Secretary-General of the United
Nations Commission on International Trade
Law dated March 1985 entitled, “International
Commercial Arbitration: Analytical Commentary
on Draft Text identified by reference number A/
CN. 9/264”.
C. Moreover, in interpreting the rule, the court shall
have due regard to the policy of the law in favor
of arbitration and the policy of the Philippines to
actively promote party autonomy in the resolution
of disputes or the freedom of the parties to make
their own arrangement to resolve their dispute.
D. Where a provision of the rule, except the those
applicable to the substance of the dispute, leaves
the parties free to determine a certain issue,
such freedom includes the right of the parties to
authorize a third party, including an institution,
to make that determination.
E. Where a provision of these rule refers to the fact
that the parties have agreed or that they may agree
or in any other way refers to an agreement of the
parties, such agreement includes any arbitration
rules referred to in that agreement.

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Receipt of Written Communications

A. Unless otherwise agreed by the parties:
 any written communication is deemed to
have been received if it is delivered to the
addressee personally or at his/her place
of business, habitual residence or mailing
address; if none of these can be found after
making a reasonable inquiry, a written
communication is deemed to have been
received if it is sent to the addressee’s
last known place of business, habitual
residence or mailing address by registered
letter or any other means which provides a
record of the attempt to deliver it;
 the communication is deemed to have been
received on the day it is so delivered.
B. The provisions of the Rule do not apply to
communications in court proceedings, which
shall be governed by the Rules of Court.

Waiver of Right to Object

A party who knows that any provision of the rule
from which the parties may derogate or any requirement
under the arbitration agreement has not been complied
with and yet proceeds with the arbitration without
stating the objections for such non-compliance without
undue delay or if a time limit is provided therefor, within
such period of time, shall be deemed to have waived the
right to object.

Extent of Court Intervention

In matters governed by the rule, no court shall
intervene except where so provided in the ADR Act.
Resort to Philippine courts for matters within the scope
of the ADR Act shall be governed by the Special ADR
Rules.

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ARBITRATION AGREEMENT
Definition and Form of Arbitration Agreement
The arbitration agreement shall be in writing. An
agreement is in writing if it is contained in a document
signed by the parties or in an exchange of letters, telex,
telegrams or other means of telecommunication which
provide a record of the agreement, or in an exchange
of statements of claim and defense in which the
existence of an agreement is alleged by one party and
not denied by another. The reference in a contract to a
document containing an arbitration clause constitutes
an arbitration agreement provided that the contract is
in writing and the reference is such as to make that
clause part of the contract.
Arbitration Agreement and Substantive Claim
Before Court
A. A court before which an action is brought in a
matter which is the subject of an arbitration
agreement shall, if at least one party so requests
not later than the pre-trial conference, or upon
the request of both parties thereafter, refer the
parties to arbitration unless it finds that the
arbitration agreement is null and void, inoperative
or incapable of being performed.
B. Where an action referred to in the previous
paragraph has been brought, arbitral proceedings
may nevertheless be commenced or continued,
and an award may be made, while the issue is
pending before the court.
C. Where the action is commenced by or against
multiple parties, one or more of whom are parties
to an arbitration agreement, the court shall refer
to arbitration those parties who are bound by the
arbitration agreement although the civil action
may continue as to those who are not bound by
such arbitration agreement.

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Composition of Arbitral Tribunal

Number of Arbitrators
The parties are free to determine the
number of arbitrators. Failing such determination,
the number of arbitrators shall be three (3).

Appointment of Arbitrators
A. No person shall be precluded by reason of his/her
nationality from acting as an arbitrator, unless
otherwise agreed by the parties.
B. The parties are free to agree on a procedure of
appointing the arbitrator or arbitrators.
C. Failing such agreement:
 in an arbitration with three (3) arbitrators,
each party shall appoint one arbitrator, and
the two (2) arbitrators thus appointed shall
appoint the third arbitrator; if a party fails
to appoint the arbitrator within thirty (30)
days of receipt of a request to do so from
the other party, or if the two (2) arbitrators
fail to agree on the third arbitrator within
thirty (30) days of their appointment, the
appointment shall be made, upon request
of a party, by the appointing authority;
 in an arbitration with a sole arbitrator,
if the parties are unable to agree on the
arbitrator, he/she shall be appointed,
upon request of a party, by the appointing
authority.
D. Where, under an appointment procedure agreed
upon by the parties,
 a party fails to act as required under such
procedure, or
 the parties, or two arbitrators, are unable
to reach an agreement expected of them
under such procedure, or

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 a third party, including an institution,

fails to perform any function entrusted to
it under such procedure, any party may
request the appointing authority to take
the necessary measure to appoint an
arbitrator, unless the agreement on the
appointment procedure provides other
means for securing the appointment.
E. A decision on a matter entrusted shall be
immediately executory and not be subject to
a motion for reconsideration or appeal. The
appointing authority shall have in appointing
an arbitrator, due regard to any qualifications
required of the arbitrator by the agreement of the
parties and to such considerations as are likely
to secure the appointment of an independent and
impartial arbitrator and, in the case of a sole or
third arbitrator,

Grounds for Challenge

A. When a person is approached in connection with
his/her possible appointment as an arbitrator,
he/she shall disclose any circumstance likely
to give rise to justifiable doubts as to his/her
impartiality or independence. An arbitrator, from
the time of his/her appointment and throughout
the arbitral proceedings shall, without delay,
disclose any such circumstance to the parties
unless they have already been informed of them
by him/her.
B. An arbitrator may be challenged only if
circumstances exist that give rise to justifiable
doubts as to his/her impartiality or independence,
or if he/she does not possess qualifications agreed to
by the parties. A party may challenge an arbitrator
appointed by him/her, or in whose appointment he/
she has participated, only for reasons of which he/she
becomes aware after the appointment has been made.

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Challenge Procedure
A. The parties are free to agree on a procedure for
challenging an arbitrator, subject to the provisions
of the rule.
B. Failing such agreement, a party who intends to
challenge an arbitrator shall, within fifteen (15)
days after becoming aware of the constitution of
the arbitral tribunal or after becoming aware of
any circumstance, send a written statement of the
reasons for the challenge to the arbitral tribunal.
Unless the challenged arbitrator withdraws from
his/her office or the other party agrees to the
challenge, the arbitral tribunal shall decide on
the challenge.
C. If a challenge under any procedure agreed upon
by the parties is not successful, the challenging
party may request the appointing authority,
within thirty (30) days after having received
notice of the decision rejecting the challenge, to
decide on the challenge, which decision shall be
immediately executory and not subject to motion
for reconsideration or appeal. While such a request
is pending, the arbitral tribunal, including the
challenged arbitrator, may continue the arbitral
proceedings and make an award.

Failure or Impossibility to Act

A. If an arbitrator becomes dejure or de facto
unable to perform his/her functions or for other
reasons fails to act without undue delay, his/
her mandate terminates if he/she withdraws
from his/her office or if the parties agree on the
termination. Otherwise, if a controversy remains
concerning any of these grounds, any party may
request the appointing authority to decide on
the termination of the mandate, which decision
shall be immediately executory and not subject to
motion for reconsideration or appeal.

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B. If an arbitrator withdraws from his/her office or

a party agrees to the termination of the mandate
of an arbitrator, this does not imply acceptance of
the validity of any ground.

Appointment of Substitute Arbitrator

Where the mandate of an arbitrator terminates
under the provisions on Challenge Procedure and
Failure or Impossibility to Act or because of his/her
withdrawal from office for any other reason or because
of the revocation of his/her mandate by agreement of
the parties or in any other case of termination of his/
her mandate, a substitute arbitrator shall be appointed
according to the rules that were applicable to the
appointment of the arbitrator being replaced.

Jurisdiction of Arbitral Tribunal

Competence of Arbitral Tribunal to Rule on its
Jurisdiction
A. The arbitral tribunal may rule on its own
jurisdiction, including any objections with respect
to the existence or validity of the arbitration
agreement or any condition precedent to the filing
of a request for arbitration. For that purpose, an
arbitration clause, which forms part of a contract
shall be treated as an agreement independent
of the other terms of the contract. A decision by
the arbitral tribunal that the contract is null and
void shall not entail ipso jure the invalidity of the
arbitration clause.
B. A plea that the arbitral tribunal does not have
jurisdiction shall be raised not later than the
submission of the statement of defense (i.e., in
an Answer or Motion to Dismiss). A party is not
precluded from raising such plea by the fact
that he/she has appointed, or participated in
the appointment of, an arbitrator. A plea that

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the arbitral tribunal is exceeding the scope of its

authority shall be raised as soon as the matter
alleged to be beyond the scope of its authority
is raised during the arbitral proceedings. The
arbitral tribunal may, in either case, admit a later
plea if it considers the delay justified.
C. The arbitral tribunal may rule on a plea either
as a preliminary question or in an award on
the merits. If the arbitral tribunal rules as a
preliminary question that it has jurisdiction, any
party may request, within thirty (30) days after
having received notice of that ruling, the Regional
Trial Court to decide the matter, which decision
shall be immediately executory and not subject to
motion for reconsideration or appeal. While such
a request is pending, the arbitral tribunal may
continue the arbitral proceedings and make an
award.

Power of Arbitral Tribunal to Order Interim Measures

A. Unless otherwise agreed by the parties, the
arbitral tribunal may, at the request of a party,
order any party to take such interim measures of
protection as the arbitral tribunal may consider
necessary in respect of the subject matter of the
dispute. Such interim measures may include,
but shall not be limited to, preliminary injunction
directed against a party, appointment of receivers,
or detention, preservation, inspection of property
that is the subject of the dispute in arbitration.
B. After constitution of the arbitral tribunal, and
during arbitral proceedings, a request for interim
measures of protection, or modification thereof
shall be made with the arbitral tribunal. The
arbitral tribunal is deemed constituted when the
sole arbitrator or the third arbitrator, who has
been nominated, has accepted the nomination
and written communication of said nomination
and acceptance has been received by the party

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making the request.

C. The following rules on interim or provisional relief
shall be observed:
 Any party may request that interim or
provisional relief be granted against the
adverse party.
 Such relief may be granted:
- To prevent irreparable loss or injury.
- To provide security for the performance of an
obligation.
- To produce or preserve evidence.
- To compel any other appropriate acts or
omissions.
 The order granting provisional relief may be
conditioned upon the provision of security
or any act or omission specified in the order.
 Interim or provisional relief is. requested
by written application transmitted by
reasonable means to the arbitral tribunal
and the party against whom relief is sought,
describing in appropriate details of the
precise relief, the party against whom the
relief is requested, the ground for the relief,
and the evidence supporting the request.
 The order either granting or denying an
application for interim relief shall be
binding upon the parties.
 Either party may apply with the court for
assistance in implementing or enforcing
an interim measure ordered by an arbitral
tribunal.
 A party who does not comply with the order
shall be liable for all damages, resulting from
noncompliance, including all expenses,
and reasonable attorney’s fees, paid in
obtaining the order’s judicial enforcement.

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Conduct of Arbitral Proceedings

Equal Treatment of Parties
The parties shall be treated with equality and each
party shall be given a full opportunity of presenting his/
her case.

Determination of Rules of Procedure

A. The parties are free to agree on the procedure to
be followed by the arbitral tribunal in conducting
the proceedings.
B. Failing such agreement, the arbitral tribunal
may, conduct the arbitration in such manner
as it considers appropriate. Unless the arbitral
tribunal considers it inappropriate, the UNCITRAL
Arbitration Rules adopted by the UNCITRAL on
28 April 1976 and the UN General Assembly
on 15 December 1976 shall apply subject to
the following clarification: All references to the
“Secretary General of the Permanent Court of
Arbitration at the Hague” shall be deemed to refer
to the appointing authority.
C. The power conferred upon the arbitral tribunal
includes the power to determine the admissibility,
relevance, materiality and weight of any evidence.

Place of Arbitration
A. The parties are free to agree on the place
of arbitration. Failing such agreement, the
place of arbitration shall be in Metro Manila
unless the arbitral tribunal, having regard to
the circumstances of the case, including the
convenience of the parties, shall decide on a
different place of arbitration.
B. Notwithstanding the rule stated in paragraph (a),
the arbitral tribunal may, unless otherwise agreed
by the parties, meet at any place it considers

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appropriate for consultation among its members,

for hearing witnesses, experts or the parties, or for
inspection of goods, other property or documents.

Commencement of Arbitral Proceedings

Unless otherwise agreed by the parties, the
arbitral proceedings in respect of a particular dispute
commence on the date on which a request for that
dispute to be referred to arbitration is received by the
respondent.

Language
A. The parties are free to agree on the language or
languages to be used in the arbitral proceedings.
Failing such agreement, the language to be
used shall be English. This agreement, unless
otherwise specified therein, shall apply to any
written statement by a party, any hearing and
any award, decision or other communication by
the arbitral tribunal.
B. The arbitral tribunal may order that any
documentary evidence shall be accompanied by a
translation into the language or languages agreed
upon by the parties or determined by the arbitral
tribunal in accordance with paragraph (a).

Statements of Claim and Defense

A. Within the period of time agreed by the parties or
determined by the arbitral tribunal, the claimant
shall state the facts supporting his/her/its
claim, the points at issue and the relief or remedy
sought, and the respondent shall state his/her/its
defense in respect of these particulars, unless the
parties have otherwise agreed as to the required
elements of such statements. The parties may
submit with their statements, all documents they

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consider to be relevant or may add a reference to

the documents or other evidence they will submit.
B. Unless otherwise agreed by the parties, either
party may amend or supplement his/her claim
or defense during the course of the arbitral
proceedings, unless the arbitral tribunal considers
it inappropriate to allow such amendment having
regard to the delay in making it.

Hearing and Written Proceedings

A. Subject to any contrary agreement by the parties,
the arbitral tribunal shall decide whether to hold
oral hearings for the presentation of evidence or
for oral argument, or whether the proceedings
shall be conducted on the basis of documents
and other materials. However, unless the parties
have agreed that no hearings shall be held, the
arbitral tribunal shall hold such hearings at
an appropriate stage of the proceedings, if so
requested by a party.
B. The parties shall be given sufficient advance
notice of any hearing and of any meeting of the
arbitral tribunal for the purposes of inspection of
goods, other property or documents.
C. All statements, documents or other information
supplied to the arbitral tribunal by one party
shall be communicated to the other party. Also,
an expert report or evidentiary document on
which the arbitral tribunal may rely in making
its decision shall be communicated to the parties.

Default of a Party
Unless otherwise agreed by the parties, if, without
showing sufficient cause,
 the claimant fails to communicate his statement
of claim in accordance with the provisions of

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Statement of Claim and Defense, the arbitral

tribunal shall terminate the proceedings;
 the respondent fails to communicate his/her/
its statement of defense in accordance with the
provisions of Statement of Claim and Defense, the
arbitral tribunal shall continue the proceedings
without treating such failure in itself as an
admission of the claimant’s allegations;
 any party fails to appear at a hearing or to produce
documentary evidence, the arbitral tribunal may
continue the proceedings and make the award on
the evidence before it.

Expert Appointed by the Arbitral Tribunal

Unless otherwise agreed by the parties, the arbitral
tribunal,
 may appoint one or more experts to report to it on
specific issues to be determined by the arbitral
tribunal; or
 may require a party to give the expert any relevant
information or to produce, or to provide access to,
any relevant documents, goods or other property
for his/her inspection.
Unless otherwise agreed by the parties, if a
party so requests or if the arbitral tribunal considers
it necessary, the expert shall, after delivery of his/her
written or oral report, participate in a hearing where the
parties have the opportunity to put questions to him
and to present expert witnesses in order to testify on the
points at issue.

Court Assistance in Taking Evidence

The arbitral tribunal or a party with the approval
of the arbitral tribunal may request from a court of the
Philippines assistance in taking evidence. The court

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may execute the request within its competence and

according to its rules on taking evidence.
The arbitral tribunal shall have the power to require
any person to attend a hearing as a witness. The arbitral
tribunal shall have the power to subpoena witnesses
and documents when the relevancy of the testimony
and the materiality thereof has been demonstrated to it.
The arbitral tribunal may also require the retirement of
any witness during the testimony of any other witness.
A party may bring a petition under this Section
before the court in accordance with the Rules of Court
or the Special ADR Rules.

Rules Applicable to the Substance of Dispute

A. The arbitral tribunal shall decide the dispute in
accordance with such rules of law as are chosen
by the parties as applicable to the substance of
the dispute. Any designation of the law or legal
system of a given state shall be construed, unless
otherwise expressed, as directly referring to the
substantive law of that state and not to its conflict
of laws rules.
B. Failing any designation by the parties, the
arbitral tribunal shall apply the law determined
by the conflict of laws rules, which it considers
applicable.
C. The arbitral tribunal shall decide ex aequo et bono
or as amiable compositeur only if the parties have
expressly authorized it to do so.
D. In all cases, the arbitral tribunal shall decide in
accordance with the terms of the contract and
shall take into account the usages of the trade
applicable to the transaction.

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Decision-Making by Panel of Arbitrators

In arbitral proceedings with more than one
arbitrator, any decision of the arbitral tribunal shall
be made, unless otherwise agreed by the parties, by
a majority of all its members. However, questions of
procedure may be decided by a presiding arbitrator,
if so authorized by the parties or all members of the
arbitral tribunal.

Settlement
If, during arbitral proceedings, the parties settle
the dispute, the arbitral tribunal shall terminate the
proceedings and, if requested by the parties and not
objected to by the arbitral tribunal, record the settlement
in the form of an arbitral award on agreed terms.
An award on agreed terms shall be made in
accordance with the provisions of Form and Contents of
Award and shall state that it is an award. Such an award
has the same status and effect as any other award on
the merits of the case.

Form and Contents of Award

 The award shall be made in writing and shall be
signed by the arbitrator or arbitrators. In arbitral
proceedings with more than one arbitrator, the
signatures of the majority of all members of the
arbitral tribunal shall suffice, provided that the
reason for any omitted signature is stated.
 The award shall state the reasons upon which it
is based, unless the parties have agreed that no
reasons are to be given or the award is an award
on agreed terms under the provisions of Place of
Arbitration.
 The award shall state its date and the place of
arbitration. The award shall be deemed to have
been made at that place.

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 After the award is made, a copy signed by the

arbitrators shall be delivered to each party.

Termination of Proceedings
The arbitral proceedings are terminated by the
final award or by an order of the arbitral tribunal. The
arbitral tribunal shall issue an order for the termination
of the arbitral proceedings when:
 The claimant withdraws his/her/its claim, unless
the respondent objects thereto and the arbitral
tribunal recognized a legitimate interest on his/
her/its part in obtaining a final settlement of the
dispute;
 The parties agree on the termination of the
proceedings;
 The arbitral tribunal finds that the continuation of
the proceedings has for any other reason become
unnecessary or impossible.

Correction and Interpretation of Award, Additional

Award
A. Within thirty (30) days from receipt of the award,
unless another period of time has been agreed
upon by the parties:
 A party may, with notice to the other party,
request the arbitral tribunal to correct in
the award any errors in computation, any
clerical or typographical errors or any errors
of similar nature;
 A party may, if so agreed by the parties and
with notice to the other party, request the
arbitral tribunal to give an interpretation of
a specific point or part of the award.
B. If the arbitral tribunal considers the request to be
justified, it shall make the correction or give the
interpretation within thirty (30) days from receipt

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of the request. The interpretation shall form part

of the award.
C. The arbitral tribunal may correct any error of the
type on its own initiative within thirty (30) days
from the date of the award.
D. Unless otherwise agreed by the parties, a party
may, with notice to the other party, request,
within thirty (30) days of receipt of the award, the
arbitral tribunal to make an additional award as
to claims presented in the arbitral proceedings but
omitted from the award. If the arbitral tribunal
considers the request to be justified, it shall make
the additional award within sixty (60) days.
E. The arbitral tribunal may extend, if necessary,
the period of time within which it shall make a
correction, interpretation or an additional award.
F. The provisions of Form and Contents of Award
shall apply to a correction or interpretation of the
award or to an additional award.

***

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AMICABLE SETTLEMENT OF DISPUTES

Preliminaries
Katarungang Pambarangay, or the Barangay
Justice System is a local justice system in the Philippines.
It is operated by the smallest of the local government
units, the barangay, and is overseen by the barangay
captain, the highest elected official of the barangay and
its executive. The barangay captain sits on the Lupong
Tagapamayapa along with other barangay residents,
which is the committee that decides disputes and other
matters. They do not constitute a court as they do not
have judicial powers.
The system exists to help decongest the regular
courts and works mostly as “alternative, community-
based mechanism for dispute resolution of conflicts,”
also described as a “compulsory mediation process at
the village level.”
Throughout the Philippines the Barangay Justice
Systems handles thousands of cases a year. Since
officials have more flexibility in decision-making,
including from complex evidence rules, and receive
some resources from government, the courts are
more numerous and accessible than other courts and
therefore the courts are able to hear more cases and to
respond more immediately.

History
There has long been a traditional, local system of
resolving disputes. Presidential Decree 1508 talks an
unofficial “time-honored tradition of amicably settling
disputes among family and barangay members at the
barangay level without judicial resources”.
Alfredo Flores Tadiar was the principal author
of Presidential Decree 1508, The Katarungang
Pambarangay Law, and he also wrote its implementing
rules, requiring prior conciliation as a condition for

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judicial recourse. For 12 years (1980–1992), he was

a member of the Committee of Consultants, Bureau
of Local Government Supervision, which oversaw the
nationwide operations of the Katarungang Pambarangay
Law. Under the decree, the body was known as Lupong
Tagapayapa. This decree was replaced by the Local
Government Code of 1991.
The Katarungang Pambarangay share
characteristics with similar traditional, hybrid courts
in other countries such as the Solomon Islands,
Papua New Guinea, Nigeria and South Africa, among
others. Such courts emerged during colonial periods
as Western imperial powers introduced western legal
systems. The Western legal systems were usually
applied to westerners while the local dispute resolution
systems were integrated into the Western system
in a variety of ways including incorporation of local
decision makers into the government in some way.
After independence, many states faced the same
problems as their former rulers, especially “limited
geographical reach of state institutions, Western-
modeled institutions often divorced from community
structures and expectations, and resource constraints
in the justice sector.” Hybrid courts became a “middle
ground for supporting community decision-making
while simultaneously expanding the authority and
reach of the state.”
Besides “hybrid courts”, other authors have
described the system as a “Non-State Justice System”.

Overview on the Operations, Rules and Procedures

The Lupong Tagapamayapa is the body that
comprises the barangay justice system and on it sit the
barangay captain and 10 to 20 members. The body is
normally constituted every three years and holds office
until a new body is constituted in the third year. They
receive no compensation except honoraria, allowances
and other emoluments as authorized by law or barangay,
municipal or city ordinance.

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Almost all civil disputes and many crimes with

potential prison sentences of one year or less or fines
5,000 or less. Philippine pesos are subjected to the
system. In barangays where a majority of members
belong to an indigenous people of the Philippines,
traditional dispute mechanisms such as a council of
elders may replace the barangay judicial system.
Upon receipt of the complaint, the chairman to
the committee, most often the barangay captain, shall
the next working day inform the parties of a meeting
for mediation. If after 15 days for the first meeting, the
mediation is not successful then a more formal process
involving the pangkat or body must be followed. There
is another 15-day period to resolve the dispute through
this more formal process, extendable by the pangkat for
yet another 15-day period. If not settlement has been
reached, then a case can be filed in the regular judicial
system of the Philippines.

THE KATARUNGANG PAMBARANGAY

(Presidential Decree No. 1508
repealed by R.A. 7160)

Concept of Barangay and Lupong Tagapamayapa

Barangay refers not only to barrios which were
declared barangays by virtue of Presidential Decree No.
557 but also to barangays otherwise known as citizens
assemblies pursuant to Presidential Decree No. 86.
Barangay Captain refers to the Barangay Captains
of the barrios which declared barangay by virtue of
Presidential Decree No. 557 and to the Chairmen of
barangays otherwise known as citizens assemblies
pursuant to Presidential Decree No. 86.

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The Lupong Tagapamayapa

The Lupong Tagapamayapa shall be composed
of the Punong barangay as Chairman and ten (10) to
twenty (20) members. The lupon shall be constituted
every three (3) years.
Any person actually residing or working in the
barangay, not otherwise expressly disqualified by law,
and possessing integrity, impartiality, independence of
mind, sense of fairness, and reputation for probity, may
be appointed as member of the lupon.
A notice to constitute the lupon, which shall
include the names of proposed members who have
expressed their willingness to serve, shall be prepared
by the punong barangay within the first fifteen (15) days
from the start of his term of office. Such notice shall be
posted in three (3) conspicuous places in the barangay
continuously for a period of not less than three (3)
weeks;
The Punong barangay, taking into consideration
any opposition to the proposed appointment or any
recommendations for appointment as may have been
made within the period of posting, shall within ten (10)
days thereafter, appoint as members those whom he
determines to be suitable therefor. Appointments shall
be in writing, signed by the Punong barangay, and
attested to by the barangay secretary.
The list of appointed members shall be posted
in three (3) conspicuous places in the barangay for the
entire duration of their term of office; and
In barangays where majority of the inhabitants
are members of indigenous cultural communities, local
systems of settling disputes through their councils of
Datus or elders shall be recognized without prejudice to
the applicable provisions of the Code.

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Functions of the Lupon

 Exercise administrative supervision over the
conciliation panels provided herein;
 Meet regularly once a month to provide a forum
for exchange of ideas among its members and
the public on matters relevant to the amicable
settlement of disputes, and to enable various
conciliation panel members to share with one
another their observations and experiences in
effecting speedy resolution of disputes; and
 Exercise such other powers and perform such
other duties and functions as may be prescribed
by law or ordinance.

Oath and Term of Office

Upon appointment, each lupon member shall
take an oath of office before the Punong barangay. He
shall hold office until a new lupon is constituted on
the third year following his appointment unless sooner
terminated by resignation, transfer of residence or place
of work, or withdrawal of appointment by the Punong
barangay with the concurrence of the majority of all the
members of the lupon.

Vacancies
Should a vacancy occur in the lupon for any
cause, the Punong barangay shall immediately appoint
a qualified person who shall hold office only for the
unexpired portion of the term.

Secretary of the Lupon and the Pangkat ng

Tagapagkasundo
The Barangay Secretary shall concurrently serve
as the secretary of the lupon. He/She shall record the
results of mediation proceedings before the Punong
barangay and shall submit a report thereon to the proper

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city or municipal courts. He/She shall also receive and

keep the records of proceedings submitted to him by the
various conciliation panels.
Pangkat ng Tagapagkasundo is a constituted
body for each dispute brought before the lupon which
serves as a conciliation panel consisting of three (3)
members who shall be chosen by the parties to the
dispute from the list of members of the lupon.
Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman.
The three (3) members constituting the pangkat
shall elect from among themselves the chairman and
the secretary. The secretary shall prepare the minutes
of the pangkat proceedings and submit a copy duly
attested to by the chairman to the lupon secretary and
to the proper city or municipal court. He shall issue and
cause to be served notices to the parties concerned. The
lupon secretary shall issue certified true copies of any
public record in his custody that is not by law otherwise
declared confidential.

Vacancies in the Pangkat

Any vacancy in the Pangkat shall be chosen by
the parties to the dispute from among the other lupon
members. Should the parties fail to agree on a common
choice, the vacancy shall be filled by lot to be drawn by
the lupon chairman.

Character of Office and Service of Lupon Members

The lupon members, while in the performance
of their official duties or on the occasion thereof, shall
be deemed as persons in authority, as defined in the
Revised Penal Code.
The Lupon or Pangkat members shall serve
without compensation, except as provided under

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the Code. The Department of the Interior and Local

Government shall provide for a system of granting
economic or other incentives to the lupon or pangkat
members who adequately demonstrate the ability to
judiciously and expeditiously resolve cases referred
to them. While in the performance of their duties, the
lupon or pangkat members, whether in public or private
employment, shall be deemed to be on official time, and
shall not suffer from any diminution in compensation
or allowance from said employment by reason thereof.

Legal Advice on Matters Involving Questions of Law

The provincial, city legal officer or prosecutor
or the municipal legal officer shall render legal advice
on matters involving questions of law to the punong
barangay or any lupon or pangkat member whenever
necessary in the exercise of his functions in the
administration of the katarungang pambarangay.

The Subject Matter for Amicable Settlement

The lupon of each barangay shall have authority
to bring together the parties actually residing in the
same city or municipality for amicable settlement of all
disputes except:
a. Where one party is the government, or any
subdivision or instrumentality thereof;
b. Where one party is a public officer or employee,
and the dispute relates to the performance of his
official functions;
c. Offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five thousand
pesos (P5,000.00);
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located
in different cities or municipalities unless the
parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon;

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f. Disputes involving parties who actually reside

in barangays of different cities or municipalities,
except where such barangay units adjoin each
other, and the parties thereto agree to submit
their differences to amicable settlement by an
appropriate lupon;
g. Such other classes of disputes which the President
may determine in the interest of justice or upon
the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling
within the authority of the lupon under the Code are
filed may, at any time before trial, motu proprio refer the
case to the lupon concerned for amicable settlement.

Venue
a. Disputes between persons actually residing in
the same barangay shall be brought for amicable
settlement before the lupon of said barangay.
b. Those involving actual residents of different
barangays within the same city or municipality
shall be brought in the barangay where the
respondent or any of the respondents actually
resides, at the election of the complainant.
c. All disputes involving real property, or any interest
therein shall be brought in the barangay where
the real property or the larger portion thereof is
situated.
d. Those arising at the workplace where the
contending parties are employed or at the
institution where such parties are enrolled for
study, shall be brought in the barangay where
such workplace or institution is located.
Objections to venue shall be raised in the
mediation proceedings before the Punong barangay;
otherwise, the same shall be deemed waived. Any legal
question which may confront the Punong barangay in
resolving objections to venue herein referred to may
be submitted to the Secretary of Justice or his duly

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designated representative, whose ruling thereon shall

be binding.

Procedure for Amicable Settlement

Initiation of proceeding
Upon payment of the appropriate filing fee, any
individual who has a cause of action against another
individual involving any matter within the authority
of the lupon may complain, orally or in writing, to the
lupon chairman of the barangay.

Mediation by Lupon Chairman

Upon receipt of the complaint, the lupon
chairman shall, within the next working day, summon
the respondent(s), with notice to the complainant(s) for
them and their witnesses to appear before him for a
mediation of their conflicting interests. If he fails in his
mediation effort within fifteen (15) days from the first
meeting of the parties before him, he shall forthwith set
a date for the constitution of the pangkat in accordance
with the provisions of this Chapter.

Suspension of Prescriptive Period of Offenses

While the dispute is under mediation, conciliation,
or arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be interrupted
upon filing of the complaint with the punong barangay.
The prescriptive periods shall resume upon receipt by
the complainant of the complaint or the certificate of
repudiation or of the certification to file action issued by
the lupon or pangkat secretary: Provided, however, that
such interruption shall not exceed sixty (60) days from
the filing of the complaint with the punong barangay.

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Issuance of Summons; Hearing; Grounds for

Disqualification
The pangkat shall convene not later than three
(3) days from its constitution, on the day and hour set
by the lupon chairman, to hear both parties and their
witnesses, simplify issues, and explore all possibilities
for amicable settlement. For this purpose, the pangkat
may issue summons for the personal appearance of
parties and witnesses before it. In the event that a
party moves to disqualify any member of the pangkat
by reason of relationship, bias, interest, or any other
similar grounds discovered after the constitution of the
pangkat, the matter shall be resolved by the affirmative
vote of the majority of the pangkat whose decision shall
be final. Should disqualification be decided upon, the
resulting vacancy shall be filled.

Period to arrive at a Settlement

The pangkat shall arrive at a settlement or
resolution of the dispute within fifteen (15) days from
the day it convenes in accordance with this section.
This period shall, at the discretion of the pangkat, be
extendible for another period which shall not exceed
fifteen (15) days, except in clearly meritorious cases.

Form of Settlement
All amicable settlements shall be in writing, in a
language or dialect known to the parties, signed by them,
and attested to by the lupon chairman or the pangkat
chairman, as the case may be. When the parties to the
dispute do not use the same language or dialect, the
settlement shall be written in the language known to
them.

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Conciliation
a. Pre-condition to Filing of Complaint in Court
No complaint, petition, action, or proceeding
involving any matter within the authority of the
lupon shall be filed or instituted directly in court
or any other government office for adjudication,
unless there has been a confrontation between the
parties before the lupon chairman or the pangkat,
and that no conciliation or settlement has been
reached as certified by the lupon secretary or
pangkat secretary as attested to by the lupon or
pangkat chairman or unless the settlement has
been repudiated by the parties thereto.
b. Where Parties May Go Directly to Court
The parties may go directly to court in the
following instances:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived
of personal liberty calling for habeas corpus
proceedings;
3. Where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and
support pendente lite; and
4. Where the action may otherwise be barred by
the statute of limitations.
c. Conciliation Among Members of Indigenous
Cultural Communities
The customs and traditions of indigenous
cultural communities shall be applied in settling
disputes between members of the cultural
communities.

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Arbitration
 The parties may, at any stage of the proceedings,
agree in writing that they shall abide by the
arbitration award of the lupon chairman or the
pangkat. Such agreement to arbitrate may be
repudiated within five (5) days from the date
thereof for the same grounds and in accordance
with the procedure hereinafter prescribed. The
arbitration award shall be made after the lapse
of the period for repudiation and within ten (10)
days thereafter.
 The arbitration award shall be in writing in a
language or dialect known to the parties. When
the parties to the dispute do not use the same
language or dialect, the award shall be written in
the language or dialect known to them.

Exceptions on the Proceedings Open to the Public

All proceedings for settlement shall be public and
informal: Provided, however, That the lupon chairman
or the pangkat chairman, as the case may be, may motu
proprio or upon request of a party, exclude the public
from the proceedings in the interest of privacy, decency,
or public morals.

Appearance of Parties in Person

In all katarungang pambarangay proceedings, the
parties must appear in person without the assistance
of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin
who are not lawyers.

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Effect of Amicable Settlement and Arbitration

Award
The amicable settlement and arbitration award
shall have the force and effect of a final judgment of a
court upon the expiration of ten (10) days from the date
thereof, unless repudiation of the settlement has been
made or a petition to nullify the award has been filed
before the proper city or municipal court.
However, this provision shall not apply to court
cases settled by the lupon under the last paragraph of
Section 408 of the Code, in which case the compromise
settlement agreed upon by the parties before the lupon
chairman or the pangkat chairman shall be submitted
to the court and upon approval thereof, have the force
and effect of a judgment of said court.

Execution
The amicable settlement or arbitration award
may be enforced by execution by the lupon within six (6)
months from the date of the settlement. After the lapse
of such time, the settlement may be enforced by action
in the appropriate city or municipal court.

Repudiation
Any party to the dispute may, within ten (10) days
from the date of the settlement, repudiate the same by
filing with the lupon chairman a statement to that effect
sworn to before him, where the consent is vitiated by
fraud, violence, or intimidation. Such repudiation shall
be sufficient basis for the issuance of the certification
for filing a complaint as hereinabove provided.

Transmittal of Settlement and Arbitration Award

to the Court
The secretary of the lupon shall transmit the
settlement or the arbitration award to the appropriate

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city or municipal court within five (5) days from the date
of the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and the
lupon chairman.

Power to Administer Oaths

The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are
hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the
implementation of the katarungang pambarangay.

Administration and Appropriations

The city or municipal mayor, as the case may be,
shall see to the efficient and effective implementation
and administration of the katarungang pambarangay.
The Secretary of Justice shall promulgate the rules and
regulations necessary to implement this Chapter.
Such amount as may be necessary for the effective
implementation of the katarungang pambarangay shall
be provided for in the annual budget of the city or
municipality concerned.

***

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SUMMATIVE EVALUATION

PART I – DEFINITION: Define the following.

1. Conciliation
________________________________________________
________________________________________________
________________________________________________
________________________________________________

2. Arbitration
________________________________________________
________________________________________________
________________________________________________
________________________________________________

3. Repudiation
________________________________________________
________________________________________________
________________________________________________
________________________________________________

4. Conflict Resolution
________________________________________________
________________________________________________
________________________________________________
________________________________________________

5. Alternative Dispute Resolution

________________________________________________
________________________________________________
________________________________________________
________________________________________________

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PART II – ESSAY AND ENUMERATION: In a clean

sheet of paper, answer what is asked below:
1. What are the forms of settlement mandated under
the amicable settlement at the Barangay level?
2. What are the functions of the OADR and the
Lupong Tagapamayapa?
3. How does international arbitration differ from
domestic arbitration in relation to the rules of
Alternative Dispute Resolution System?
4. What are the different instances where the parties
may go directly to Court?
5. Describe the character of office and service of the
Lupon members?

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PART II
CRISIS MANAGEMENT AND
THE INCIDENT COMMAND SYSTEM

Learning Objectives
At the end of this part, the students should be
able to comply with the following:
1. Comprehend the concept of Crisis
Management and identify its phases and
procedures.
2. Apply the procedures on planning and
preparation, as well as negation procedures
in hostage situation.
3. Identify the procedures in applying the
Incident Command System.
4. Discuss the principles and management
characteristics of ICS.
5. Apply the procedures on Transfer of
Command, Demobilization and Close-out.

Teaching Methodology
1. Lecture and Discussion
2. Quizzes
3. Oral Recitation
4. Hostage Crisis Simulation
5. Summary and Feedbacks

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Preliminaries
The word Crisis is any event that is going (or is
expected) to lead to an unstable and dangerous situation
affecting an individual, group, community, or whole
society. Crisis are deemed to be negative changes in the
security, economic, political, societal, or environmental
affairs, especially when they occur abruptly, with little
or no warning. More loosely, it is a term meaning “a
testing time” or an “emergency event”.
In this premise, crisis is a wide variety of concern
where collective efforts must be bundled in, comprising
all the vital factors to consider in order to cope with its
negative consequence. Human induced crisis like hostage
taking, kidnapping, bombing, public demonstrations,
etc., were among of the crisis situations occurring in the
country. Thus, responders and managers on the ground
are challenged by how to end with much success on the
negotiation and operational process.
As a case in point, we shall describe the Manila
hostage crisis, officially known as the Rizal Park hostage-
taking incident, which took place when a disgruntled
former PNP member hijacked a tourist bus in Rizal
Park, Manila, Philippines on August 23, 2010. The
bus carried 25 people: 20 tourists, a tour guide from
Hong Kong, and four local Filipinos. The hostage taker
claimed that he had been unfairly dismissed from his
job and demanded a fair hearing to defend himself.
Negotiations (which were broadcast live on
television and the internet) broke down dramatically
about ten hours into the stand-off, when the police
arrested the hostage taker’s brother and thus incited
him to open fire. Following a 90-minute gun battle, the
hostage taker and eight of the hostages were killed and
several others injured and have been widely criticized
by pundits as “bungled” and “incompetent.”
Another case in point, we might consider was the
Super Typhoon Yolanda. Yolanda, a category 5 super
typhoon with an international name Haiyan, struck the

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Philippines in November 8, 2013. The provinces which

receives the brunt of Yolanda’s force were the Provinces
of Eastern Visayas. In particular, the provinces of Samar
and Leyte, Bohol, Cebu and Siquijor. Local government
units cannot help their constituents because their
physical assets were either destroyed or the roads and
bridges through which they can be conveyed had been
swift by flood.
At the back of these has warrant the government
and private organizations to turn into the resilient side.
One most important movement is the adaption of the
Incident Command System as the nation’s approach to
handle all forms of major destructive incidents brought
about by man-made and/or natural disaster that
requires a multi-sectoral involvement and a whole-wide
effort in the response and recovery process.
On this part, the topic includes the concept and
doctrine of crisis management, phases and models
of negotiation; understanding terrorism, its tactics,
groups and motivational classifications; managing
hostage situation, stages and procedures; including the
composition and functions of the On-scene Command
Post.
In addition, the significant features of the
Incident Command System are likewise presented. To
practically realize the target output of this part, it is
highly suggested to employ a hostage crisis simulation,
active group discussions, collaborative research output
on the analysis of hostage crisis experiences in the
country; and identify best practices related to crisis
management.

BASIC CONCEPTS
Crisis is a period of disorganization, period
of upset during which people attempts at arriving at
solution of problems. It is a crucial or decisive point or
situation; a turning point; an unstable condition, as in

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political, social, or economic. It is a state provokes when

a person faces obstacles or hazards to an important life
goal.
The term Crisis is derived from the Greek word
“krisis” which means to separate; a turning point
decision in a process of an affair or a series of events.
The term Emergency is derived from the Latin
word “emergencia” which means dipping/plugging.
A sudden condition or a state of affairs calling for an
immediate action.

TYPES OF CRISIS
o MAN-MADE CRISIS - civil disturbances - strike,
riot, demonstration - revolt such as mutiny and
insurrection - revolution, border incident - war:
conventional or nuclear – crimes: kidnapping,
hijacking, hostage-taking, etc.
o NATURAL CRISIS - fire, floods, earthquake, tidal
waves marine/air disaster, hazardous spills,
power failure, nuclear accidents water/food
shortage/scarcity, drought-volcanic eruption,
epidemic, etc.
o INDIVIDUAL CRISIS – It refers to the feeling that
arises when a person faces unpleasant situation
such as frustrations and conflicts. This includes:
1. Physical Crisis – those that are related to
health problems or bodily sickness/sufferings.
2. Economics Crisis – the deprivation of the
basic necessities of life like food and material
things.
3. Emotional Crisis – when an individual is
affected by negative feelings like emotional
disturbances, fear, etc.
4. Social Crisis – the experiencing lack of
interest, confidence and social skills to relate

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meaningful, harmonious relationship with

others.
5. Moral Crisis – the person has an irrational or
distorted concept of what is right or wrong, lack
of moral values and integrity of the person.
6. Psychosexual Crisis – failure of the person to
assume one’s sex role and identity as a man or
woman. The person has an inappropriate sex
objective, inadequate and distorted expression
of affection.

THE CONCEPT OF CRISIS MANAGEMENT

Crisis management is the proper utilization of
all available resources and the formulation of policies
and procedures to effectively deal with progressive
sequence of events (crisis) and sudden or unforeseen
state (emergency).

THE CRISIS MANAGEMENT DOCTRINE

The crisis may start as basically police or special
unit matter but could develop in proportion and
dimension requiring further military operations. If the
crisis situation is brought about by natural calamities,
then it is addressed by the National Disaster Risk
Reduction Management Council or NDRRMC (Formerly
known as National Disaster Coordinating Councilor
NDCC). The general idea is to prevent the occurrence of
a crisis, ensure a probability of success in minimizing
or neutralizing the perpetrator or to return the situation
into normalcy.

PHASES OF CRISIS MANAGEMENT

A. PRO-ACTIVE PHASE – is the stage of advance
planning, organization and coordination and
control in response to an anticipated future crisis

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occurrence. This phase is designed to predict or

prevent probability or occurrence of the crisis while
at the same time prepares to handle them when they
occur.
1. PREDICTION - The first stage of anticipating
future crisis occurrences through the following;
o Update- Intelligence – involves the
collection of information from variety of
sources as basis of actions and plan; those
that are related to crisis management
contingency planning.
o Events – are those incidents that are
already passed which can facilitate analysis
necessary for identification of probable
threat groups, targets and necessary for
advance planning.
o Threat Analysis of Threat Groups
a. Political Terrorist – ideologically inspire
individuals who grouped together for a
common purpose usually for change of
government or political power. Ex. CPP/
NPA, SPT’s, etc.
b. Criminals – these are people who
commit terrorist acts for personal rather
than ideological gains. Some of the
terrorist acts such as kidnapping are
well planned, other are not planned, but
happens as a result of the fast response
time by LEAs to an ongoing crime. For
instance, a number of bank robberies
have evolved into unplanned hostage
situation when policemen arrive in
response to an alarm robbery is in
progress.
c. Mentally Deranged Individuals –
people commit terroristic acts during a
period of psychiatric disturbance. This
type is the most difficult terrorist to deal
with. Many of them are impulsive and
unpredictable.
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2. PREVENTION - This pro-active phase considers

counter measures as part of the total system
of operation. Such counter measures involve
the following;
o Operation Security – a counterintelligence
measure where all aspect of awareness and
training must be considered to prevent
threat groups from learning the units plans
methods of operations. It also refers to
measures taken in conducting operations
or activities in secure and effective manner.
o Personal Security – it considers that
all personnel are susceptible to terrorist
attack so the is a need for securing them.
All security measures designed to prevent
unsuitable individuals of DOUGHTFUL
LOYALTY from gaining access to classified
matters or security facilities.
o Physical Security – encompasses
protection of info, material and people
including perimeter installation. A system
of barrier placed between the potential
intruder and the material to be protected.
3. PREPARATION - this pro-active phase
involves organizing training and equipment
personnel of the organization. In general,
military commanders and officers of the
PNP must organize, train and equip special
reaction, security and negotiation elements
and provide their immediate activation when
the need arises.
NCCM – National Committee on Crisis
Management - serves as the umbrella
organization for crisis management. The
primary concern is the formulation of crisis
management policies, integration of mil/pol
to public efforts towards the prevention and
control of crisis.
The On-site Command Post (OSCP) shall

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establish with in the crisis incident site. It

is a post or unit within a probable target to
be headed by an on-scene commander (OSC)
whose responsibility is to take charge of every
happening of a crisis incident scene.

Composition of the OSCP

TACTICAL UNIT – composed of regular military or police
placed under the operational command of the OSC.
1. Reaction Element – Special action unit which
are specially organized, equipped and deployed in
the region to hold special operation in cases of
crisis incident.
2. Security Element – military or police personnel
task to protect the area of perimeter security to
prevent occurrence of unnecessary incidents.
SUPPORT UNIT – It is a unit that provides the necessary
administrative, operational and logistic support of the
OSC.
1. Intelligence Team – responsible for the collection
and processing of all information needed by the
OSC.
2. Communication Team – responsible for insuring
effective communication between OSC and other
units or sub-units.
3. Logistic Team – responsible for ensuring
mess services, supplies (clothing, equipment,
transportation) and other logistic services.
4. Medical Team – responsible for all medical
supplies and services in cases of crisis incidents.
5. Fire Fighting Team – responsible for all services
related to extinguishing fires intentionally set by
perpetrators or during the result of operations.
6. Administrative Personnel – personnel assigned
to OSC to keep written records of events, in

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coming or outgoing communications.

7. Legal/Investigation Team – services of
investigation, preservation of evidence, documents
and legal advice to the OSC.
NEGOTIATION UNIT – It is headed by a chief negotiator
and composed of two or more members. Their primary
concern is to serve first life, prevent destruction and pave
the way for a peaceful resolution of crisis situations.

B. THE REACTIVE PHASE

When a crisis occurs despite the pro-active effort,
the organization concerned must prepare to perform
the crisis management in accordance with their plan.
PERFORMANCE - It is the action stage, the
implementation of the crisis management contingency
plan.
1. The Initial Action – the stage taken by the
Initial Action Unit, which is composed of police
and military personnel immediately organized
into team to initially respond to take incident and
begin the containment effort. They are responsible
for:
 maintain control of the situation
 report the matter to the RCAG through
channels
 secure the scene by establishing perimeter
security
 evacuate by standers if possible
 prevent escape of perpetrator
 take maximum control
2. The Action Stage - The action stage starts as soon
as the tactical, support unit and the negotiation
unit arrived and are deployed. The OSC discusses
the incident with his commander and staff and

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decides on the plans and actions to be taken.

 Negotiation – chief negotiator undertakes
negotiation as soon as he has been properly
briefed and received appropriate instruction
from the OSC. He shall keep the OSCP
informed of the progress of negotiations and
shall take instructions only from the OSC. No
further negotiation shall be undertake when
the tactical unit commander initiates tactical
operations.
 Tactical Action – the tactical commander
makes a complete estimate of the crisis
situation and plans his courses of action upon
arrival at the scene while negotiation is in
progress. He shall maintain and continuous
contact with the OSCP. He shall take over
authority on reaction element throughout the
tactical operations. He shall take instructions
only from the OSC and coordinate all support
requirements with the OSCP.
3. The Post Action Stage - This stage begins as
soon as the perpetrator surrendered, captured or
neutralized. OSC shall ensure that the following
are accomplished:
o Protection of the incident scene
o Investigation of the incident preservation of
evidence
o Documentation
o SS – witnesses, hostage, perpetrators and
other key participants of the incident.
o Recovered, documented, preserve evidence
o Pictorials, written reports
o Filing and prosecution of cases
o Damage Compensation and rehabilitation
He also initiates recommendation for the
compensation and provide assistance to civilian killed
and injured during tactical operations. He initiates

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recommendation for the rehabilitation, construction of

damage or essential infrastructures. Training and re-
training of unit personnel special units and negotiators
shall continue with their training to improve their
proficiency and enhance their readiness.

TERRORISM
Terrorism is punishable under Republic Act 9372
- Human Security Act of 2007. Under this law: Any
person who commits an act punishable under any of
the following provisions of the Revised Penal Code:
o Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
o Article 134 (Rebellion or Insurrection);
o Article 134-a (Coup de e Etat), including acts
committed by private persons;
o Article 248 (Murder);
o Article 267 (Kidnapping and Serious Illegal
Detention);
o Article 324 (Crimes Involving Destruction, or
under
o Presidential Decree No. 1613 (The Law on Arson);
o Republic Act No. 6969(Toxic Substances and
Hazardous and Nuclear Waste Control Act of
1990);
o Republic Act No. 5207, (Atomic Energy Regulatory
and Liability Act of 1968);
o Republic Act No. 6235 (Anti-Hijacking Law);
o Presidential Decree No. 532 (Anti-piracy and Anti-
highway Robbery Law of 1974); and,
o Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition
or Disposition of Firearms, Ammunitions or
Explosives) thereby sowing and creating a
condition of widespread and extraordinary

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fear and panic among the populace, in order to

coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism
and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as
provided for under Act No. 4103, otherwise known
as the Indeterminate Sentence Law, as amended.
Terrorism is a threat or actual use of force or
violence for political or other purpose, to foster fear,
insecurity, distrust, and unrest among a specific group
or the general population. It is “Violence for effect…
not primarily, and sometimes not all for the physical
effect on the actual target, but rather for its dramatic
impact on an audience” ; “The calculated use of violence
or the threat of violence t attain goals, often political
or ideological in nature”; “ Is violent criminal behavior
designed to generate fear in the community, or a
substantial segment of it, for political purposes.

Classification of Terrorists
1. National Terrorist - A terrorist who operates
and aspires to political power primarily within a
single nation.
2. Transnational Terrorist - This is a terrorist who
operates across national borders, whose actions
and political aspirations may affect individual of
more than one nationality.
3. International Terrorists - A terrorists who is
controlled by, and whose actions represent the
national interest of a sovereign state.

Types of Terrorist
1. State-Sponsored Terrorist – which consists of
terrorist acts on a state or government by a state
or government. Example: Al-Qaeda, PLO, ISIS
2. Dissent Terrorist – terrorist groups which have

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rebelled against their government. Example: ISIS,

IRA, CPP-NPA
3. Terrorists (LEFT and RIGHT) – terroristt
groups rooted in political ideology. Example:
Irish Republican Army (IRA), CPP-NPA, U.S. Patriot
Movement.
4. Religious Terrorism – terrorist groups which
are extremely religiously motivated. Example: Al-
Qaeda, ISIS, Jemaah Islamiya (JI)
5. CRIMINAL TERRORISM – terrorist acts used to
aid in crime and criminal profit. Example: Abu
Sayyaf Group (ASG), Abu Nidal Organization
6. Lone-Wolf Terrorist - someone who prepares
and commits violent acts alone, outside of
any command structure and without material
assistance from any group.

PROFILE
(a) The Lone-Wolf acts to advance in ideological or
philosophical belief of an extreme group, they act
on their own, without any command or direction.
(b) The Lone-Wolf’s tactics and methods are conceived
and directed solely of their own.
(c) The Lone-Wolf never has personal contact with
the group they identify with.

IDEOLOGY
(a) A
narchist, conservatives, right-wing, and
nationalist.
(b)
Special interest: religion, environment, anti-
abortion, and political.

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MOTIVATION AND GROUP CLASSIFICATION

What causes a rational thinking human being
to terrorize society? Assuming that the terrorists think
rationally (and most of them possess a high degree of
rationality), we must look to the terrorist’s motives if
we are to understand them, to think like them, and to
ultimately them.
1. Minority Nationalistic Groups - groups fighting
the majority of the community where the support
base will depend one ethnic, religion, linguistic
minorities at odd with the majority community.
2.
Marxist Revolutionary Groups – here, the
terrorists’ movement is characterized by its
possession of a coherent Marxist ideology and
of a long-term strategy for bringing about the
socialistic revolution.
3. Anarchist Group - True Anarchist are difficult to
find since true anarchy brings lawlessness and
disorder, which is not a natural state in which
the human race exists.
4. Pathological Groups –problematic individuals
who are grouped together for some terrorist
activities for emotional satisfaction.
In hostage taking, hostages are usually separated
in safe houses to prevent communications and escape,
planning, and intelligence gathering.

TERRORIST TACTICS
BOMBING
Delivery to target is done through Vehicle Bomb-
booby traps with attached devices, Laid Charges-bomb
plates, Projected bombs-launched from riffles by a
mortal device, Postal/mail bombs

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ARSON
This is used to destroy or to disrupt public
utilities, political HQs and industrial facilities.

HIJACKING
Hijacking and skyjacking are commonly used
by terrorists. The hijack supply, ammunitions, fuel
cargoes, and vehicles to provide them to gain entry to a
close military area, skyjacking of commercial aircraft to
gain publicity or to ask demands.

ASSASSINATION
The oldest but the commonly used terrorist tactic
where targets are often police or military officials, or
political features and they always claim responsibility
of assassination.

AMBUSH
This is a well-planned, well thought-out, properly
rehearsed and precisely executed operation. The terrorist
has time on his side and will spend considerable time
preparing for an operation. Terrorist have an advantage
in that they can choose the time and place of operation.

KIDNAPPING
Kidnapping for ransoms is the most common
form of this tactic. The victim is normally confined in a
secret hideout and kidnappers make material demands.

HOSTAGE TAKING
The hostage-taker confronts the authorities and
openly holds the victims for ransom. His demands are
more than just material in nature. Political concessions
are the frequency demanded in exchange for the hostage
lives.

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ROBBERIES/EXTORTIONS
Terrorist operations are expensive. To help finance
their activities, terrorists rob banks and armored
vehicles carrying large sums of cash. Bank robberies
are also used as graduation exercises for terrorist
training programs and viewed as a tactical operation.
The conduct reconnaissance, plan escape routes
and operates in the high degree of efficiency and the
progressive taxation scheme of the CPAA/NPA is a form
of extortion through coercion or use of force against the
victim or his property.

MANAGING HOSTAGE SITUATIONS

HOSTAGE NEGOTIATION
In hostage situation, the general tendency of
Hostage Taker, is to focus their attention on prominent
personalities to gain much needed leverage in the
negotiation.
Over the past decades, numerous hostage
situation took place and the most widely among them
were the incidents committed by Arab Terrorists during
the 20th games in Munich, West Germany in September
1972; the hostage taking by Iranians of US Embassy
personnel in Iran; the hijacking of an Air France flight
139, July 1976 with mostly Israelis as passengers and
which craft was brought to Entebbe, Uganda by the
terrorist.
In the local scene, the attempted hijacking of
PAL took place in Zamboanga City by the MNLF rebels
where all the passengers were held hostage and the
Bank Robbery in Cubao (BPI). A man deranged and
taking hostage of a child in a busy LRT station in Pasay
City. Terrorist like the Abu Sayyaf taking numerous
hostages to obtain money and provide protection for
their escapes.
In hostage situation, the authorities are faced with
individuals or groups of individuals with psychological

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mentality, commitment, behavior stress and behavioral

intolerance of varying degree – aggravated by the
unpredictability of human behavior.
In dealing with hostage situations, the priorities
are to –
1. preserve lives
2. apprehend the captors, and
3. recover or protect properties.
According to experts, a hostage taking may last
for an hour to more than forty hours. Hostage takers
and hostages and even the negotiators become tired and
stressed out of the long period of crisis intervention.
Hostage become impatient waiting for their safe release
or rescue. With this, there is a great possibility of the
birth of the Stockholm’s Syndrome. This is characterized
by transference of attention between the captors and
captives. The hostage towards his captors may generate
positive feelings.

STAGES OF A HOSTAGE SITUATION

1. Alarm Stage
This stage is the most traumatic and
dangerous. In the alarm stage, the emotion of the
hostage taker is exceedingly in its highest peak,
his rationalization and proper thinking is low,
He may be extremely aggressive in his reaction
to any perceived threat. E.g. escape of hostages,
tactical assault, trickery etc.
2. Crisis Stage
In this stage, when negotiation attempts
are being initiated by the crisis negotiator.
Outrageous demands and unpredictable emotion
are marked or commonly noted in the hostage
taker. There is still a great deal of danger since
hostage takers try to consolidate their positions.

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To do these, they try to move their hostages to

a safer ground area. On the part of the captive,
this is the most critical because this stage may
predict the remainder of the situation. Chances
of survival may be enhanced or reduced during
this stage through the hostage–hostage taker
interaction. At this stage hostages may start to
feel three (3) problems:
 Isolation,
 Claustrophobia
 Sense of time
Sense of time becomes important on
hostages who are hoping for rescue. This situation
may also in favor of the hostage taker as they earn
compliance from their captives.
3. Accommodation Stage - This is distinguished
by boredom, and with moments of terror. Though
is considered as the longest yet is the most
tranquil. In the crisis stage, and even in the alarm
stage, hostages are considering escape options
but in the accommodation stage, their initiative
and planning are narrowed since captors has
increased control over them. The hostages’ sense
of life preserving has increased and even tries to
obey the orders. Stockholm’s syndrome will likely
to occur between the captors and the victims.
One looks into this phenomenon in the negative
that one must say that cooperation of hostages to
the negotiator is constricted.
4. Resolution Stage - This is the stage when the
hostage taker is being stressed out or fatigued of
the situation. He is seemingly losing interest of the
situation and lost most of his bargaining points.
Tension between the hostages, hostage taker and
the crisis negotiator are notably low. It should
be regarded also that the crisis intervention
techniques of the negotiation team have increased.
In this stage, reactions of the hostages are mixed
either blaming their captors or may become

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hostile and uncooperative to their rescuers and

even accusing them to be the responsible for the
whole situation. They might even appraise their
captors for taking care (saving) their lives though
their captors placed them into a hell experience.

THE HOSTAGE TAKER

It is a must that a police officer who first arrived
at the scene has the necessary skill to determine what
type or personality of the hostage taker is. This does
not mean that he must diagnose the perpetrator. In
assessing the situation, one must be able to determine
and know the two kinds of behavior:
1. Instrumental behavior - those who are engaging
in this kind of behavior are having goals to obtain
or to be fulfilled. Generally, hostage takers of
instrumental behavior are criminal types and
intervention usually needs bargaining. E.g.
barricaded criminals, or other organized crime
groups.
2. Expressive behavior - This kind of behavior is
characterized by their attempt to display power.
Those who engage in this kind are emotionally
disturbed individuals. E.g. mentally insane, etc.
 Mentally Disturbed - This group suffers from
different kinds of psychological maladies.
They may or may not in touch with reality. A
mentally disturbed individual may be a loner,
act in accordance with non-existing irresistible
force, or on a false belief or a stimulus.
 Psychosis - is a gross and persistent
falsification of conventional reality that leaves
the person unable to manage conventional
reality with any degree of effectiveness.
 Delusion - is the faulty belief that is motivated
primarily by the individual’s needs and wishes
and in fact, has no basis.
 Hallucination - is manifested in a visual image

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that is quite vivid and real to the individual

who experiences it.
 Paranoia - is a set of fixed delusional beliefs
that are accompanied by clear and orderly
thinking outside the delusion system. Paranoia
manifests itself. A paranoid has been described
as “vigilant suspicious, distrustful, insecure,
and chronically anxious”.
 Schizophrenia - is a thinking disorder.
Expert says that, approximately 80 percent
of the mentally ill of the population are
schizophrenic. There are subcategories of this
kind of mental disorder, the catatonic state
and the hebephrenic state. Catatonic state
is demonstrated by the patient’s rigidly held
position for some interminable period of time,
while Hebephrenic state is when the subject
acts childlike and silly.
 Neurosis - is suffered by a person if most likely
to be observed in a continuous state of anxiety.
Erratic behavior would more than likely be
displayed by reaction to anxiety in the form of
ego defense mechanism such as rationalization,
projection or displacement. The signs and
symptoms are shaking uncontrollably and
depression without explanation.
 Manic depressive personality - Depressed
individuals are in an incapacitated mental
state. He may frequently know the hostages and
the latter might be the cause of his depression.
Negative outlook in life, feeling unworthy,
slow speech, suicidal and unpredictable and
extremely dangerous are the characteristics
of this type of mentally disturbed. To a one
who is a suicidal type, he might inflict harm or
even kill one of the hostages and the police will
be forced to shoot him.
 Inadequate personality - This is a type
of person that displays attention-seeking
behavior. Hostage taking is his action to prove

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himself or his worth. During the commission

of the crime, he tends to delay his actions and
be caught in flagrante in order for him to prove
himself (“I’ll show them”). His characteristics
are homicidal, loser complex, maybe fired from
many jobs and is in touch with reality. Though
they are emotionally disturbed, yet they are
apologetic to their behavior (“I’m sorry but I
have to do this to prove that I can be a good
worker…”).
 Anti-social personality - Those who belong to
this kind of personality are repeatedly having
conflict with the people around them and
notably having a deviant behavior from groups,
social values and or individuals. They defend
their face from embarrassment by blaming
others in the form or rationalization. Anti-
socials, when takes hostages, are generally
engages in expressive acts and they are likely
to dehumanize the hostages, and this is an
indication that they are dangerous individuals.
 The estranged person - Domestic problem is
the main cause why an estranged individual
takes hostages. The hostages are commonly
known to him and mostly are his family
members. The hostage taker is experiencing
from relationship breakdown in his or her
interpersonal relationships and hostage
taking is employed to compel the relationship
to be maintained. The hostage taker at his
point is afraid of losing the significant others.
In order to carry out hostage-taking, alcohol
and prohibited drugs are used to have the
necessary courage.
 Terrorists - Terrorism throughout the world
has been alarming for the past decades and
even at present. Countries around the world
have been facing terrorism problems either
local or international groups. In the United
States alone, it has been reported that there
are local terrorists sowing fear, insecurity and

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unrest amongst the people. They create chaos

through assassinations, bombing, arson
and other forms of malicious destruction of
properties.
 Barricaded Criminals - This type might be
robbers cornered by the police while in the act
of committing their crime (i.e bank robbers).
Either barricaded in a building, roadblock or
on getaway cars. Hostages may be employees,
bystanders or both caught in the process of
escaping. The hostage taking is a spontaneous
reaction of the criminal when cornered. Some
law enforcement officers consider barricaded
criminals as attention seekers, but others
describe then in the contrary as they avoid
being identified. Their primary aim is to
escape safely taking with them the hostages
as shield to prevent being shot by the police.
Usually barricaded criminals are engaged in
instrumental acts as they demand for material
things such as getaway cars, firearms, money,
and safe escape.
 Prisoners - While most prisoners spend most of
their time inside the correctional institutions,
some are concentrated on penal colonies under
tight guards and to those who are completely
secluded inside their prison cells, they are
haunted by boredom, get tired and hostile.
These may be due to the strict implementation
of house rules, favoritism and poor prison
conditions (Lack of recreational activities and
inadequate facilities, poor structuring etc.).

NEGOTIATION MODELS
• Bargaining Negotiation Approach - In this
approach, negotiation is viewed in terms of an
exchange or distribution of resources.
• Expressive Negotiation Approach - This
approach is mainly focused on the emotional

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state of the hostage taker as a powerful tool

to resolving of crisis situation. Expressive
negotiation approach came to existence with
the use of psychology, human relations theory
and research. Both assume that the nature and
quality of interpersonal relationships play a large
role in resolving a conflict.
• Communication-based negotiation approach
- This approach is founded on an interactive
assessment if the crisis [hostage] situation as it
unfolds and is created through the interaction
of the negotiator and the perpetrator. Therefore,
communication-based approach is an interactive
process wherein negotiators and hostage takers
react to each message behavior.

PRISON HOSTAGE SITUATION

Experience shows, time factor worked both for
and against authorities. Allowing the passage of time
generally permits the leader to exploit his position by
consolidating his leadership. Thus, able to create a
formidable bastion which cannot be neutralized without
loss of life. Whereas, action taken immediately, before
the prisoners can organize and arm themselves may
well be less costly.
Demand for freedom, normally is non-negotiable.
But if, circumstance show, it is the only to save the
hostages, it may be granted with the permission of the
highest authority and must be followed with hot pursuit
after.
Demand for Superintendent, Warden, or even
Governor, or highest authority, as negotiator does not
give incentives to surrender. In some cases, hostage
taker is bloated and demands for more. Perhaps,
isolation and reason would be the most effective way to
handle this situation.

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Technique of Kidnap/Hostage Success

Hall mark of Success: Blending of tactical response
and behavior know-how (calls for, development of tactics,
using blocking and containment forces; expertise in use
of weapons; deployment of instant communications; use
of behavioral experts – cool headed and with professional
leadership.
This calls for training programs for the Police in
these vital areas;
1. Considerable Screening
All members of the team (Negotiators,
Admin. Aide, Operational Aide, Sharpshooters,
Patrol Personnel, etc.) in their respective line of
activities, once chosen, they should be given the
free reign in handling and evaluating areas and
incident - for the should a seniors officer continue
to counter manned orders in the site, the results
will certainly be bundled.
2. Psychology
Analyze various situations and develop
strategies using psychological technique rather
than force to obtain release of hostages. Point of
training is to provide a basis for understanding
and anticipating hostage taker’s moves, as well as
possible reactions to police tactics.
3. Physical Training
Physical conditioning, weapon disarming
method, and unarmed self-defense are vital to
control the demands of the situations.
4. Firearms
Pistols and revolvers, sniper scope rifle,
assault weapons such as shotgun (double barrel)
and sub-machine gun, tear gas with bullet proof
vests.

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5. Electronic Equipment
Familiarization on the use of wireless
transmitter, electric taking devices covert
surveillance devices, etc.
6. Emergency rescue Ambulance
How to use or operate auxiliary equipment;
public address system; firefighting unit; first gear
ambulance may be used as a safe base to start
negotiation.
7. Vehicle Operation
Escape vehicle and chase vehicle, with
attention placed on street and routes from various
location in the site of incidents to destination
(airport or other terminal) for tactical advantage.
8. Liaison
Jurisdiction matters cleared, cooperation
with other agencies on possible routes must be
sought.
Upon arrival at the scene of incident, the negotiator
should execute/act immediately the following;
1. Containment – controlling situation and area by
people involved. Other people/bystanders must
be obliged to get out from the area as t they may
add more problems.
2. Establish contact – immediately after positioning
at advantage position, communicate with the
leader, he may introduce himself by saying “My
name is ___________, I am a _______________. I
am willing to help. Never tell him your rank;
the hostage taker might think you can give. So
that he may ask for impossible demand. Neither
should the negotiator give the feeling that he has
the authority decide. Do not bluff.
3. Time Lengthening: Give more time to police to

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organize and coordinate plan of action.

4. Telephone Negotiation Technique – be the
caller, plan and prepare, be ready with graceful exit
and discipline yourself to listen. Where a demand
is impossible to get, stall time by explaining that
you need to talk other people. Hold on to your
concession. But when concession is granted try
to get something in return. Say a grant of food;
get the release of sick or old people in exchange.
Then there is no demand at all.
5. Need for Face-to-face Conversation – don’t be
ever anxious prepare for proper psychological,
physical and emotional confrontation. Wear body
armor and possess a weapon, but if ask to come
without a weapon, ensure that they too should
lay down arms before entering. When entering,
see to it that you are protected with tactical back-
up and consider that hostage taker might have
body trap in some portions of the area, door or
window of the building. Coming on face-to-face
situation, maintain proper distance, observe their
movement, elicit a promise or motivate them to
surrender. In retreating, or in getting out of the
room, face hostage takers slowly back out of the
door with good cover or tactical back up.
6. Surrender Approach – start with a position
approach, act as if hostage taker will surrender.
Do not talk too much. Gradually ask him to
surrender. Reassurance is the wisest thing to do.
Talk details of surrender process and explain why
now is better than later.

Advantages of Telephone Conversation

1. Easier to say decline of demands.
2. Easier to conclude the conversation
3. Conversation is quicker
4. Important items are more easily communicated

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5. Caller has the advantage

Telephone conversation, however, are impersonal
where the negotiator is unable to see the hostage taker,
the hostages, reactions and conditions. Weapons and
ammunitions are non-negotiable.

Hostage Taker and Negotiator Relationship

1. Trust and Rapport – while trust must be there,
beware of it.
2. Deceit – tell lies but don’t be caught.
Demand of Hostage answer: Money, Escapes,
Vehicles

Rules of Providing Answer

1. Delay, impress hostage taker even simple
demand is hard to get; that you need to talk with
commander or other people, etc.
2. Get something in return for every concession
granted, like aged, sick and young hostages.
3. Don’t give concession at once, subject to
interpretation that you could get easily.

Face-to-Face Negotiation
1. Don’t be overanxious.
2. Wear body armor.
3. Have tactical back-up (sniper).
4. Traps at doors or windows.
5. Entering without gun being pointed at you.
6. Face-to-face mountain distance;
a. Person distance – 1 to 3 feet.
b. Intimate distance – about 6 inches
7. Withdrawing facing hostage taker slowly backing
out of the door.

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Effects of Time
1. Hostage taker will wear down emotionally,
psychologically.
2. Hostage taker has more demand for food and
water.
3. Anxiety reduce, hostage taker given chance to
organize his true self.
4. Hostage takers rationality increase.
5. Hostage taker and negotiator relationships
improves.
6. Hostage takers demand may be reduced.
7. Stockholm syndrome may be developed.

PLANNING AND PREPARATION FOR

HOSTAGE SITUATION
In a relatively small town or community where
it could merely depend on a small contingent of police
force, it must for purpose of preparation designate a
crisis management task group.
Designation and Duties
1. Field Commander
 Takes charge of all forces
 Provide containment of hostage taker –
scale of place, evaluate civilians
 Establish contact with hostage taker
 Consult with Command Officer
2. Operational Aide
 Report to yield negotiator
 Set up temporary headquarters
 Coordinate assignment of off-duty
personnel arriving at the scene
 Assisting units as necessary

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 Relay orders/information to involved

personnel; receive requests
3. Administrative Aide
 Report of filed negotiator
 Supervise temporary headquarters
 Maintains records of operations and units
at scene
4. Patrol Personnel
 Contain hostage takers (perpetrators) and
help evacuate civilians out scene
5. Assault Team (with one leader)
 Sharpshooter with high powered arms on
flack vests, (protective armor)
 Chemical agent
 Need facilities (two-way radio for each of
the above and what to do) which is set in
single frequency (strict discipline needed)
and communication to originate from
operational aide, form or orders, request or
updating information.

What is Important
1. Dry Run – one way to ensure hostage negotiating
unit can establish control over a situation.
2. Considerable Screening – members; one chosen;
the team members should be given free rein in
handling and evaluating of any of incident.; for
should a senior officer begins countermanding
orders in the site, the results will certainly be a
both bundled.
3. Patrol units, assault units, etc., should know
exactly whose command they are under.
4. Rescue efforts must run strictly from the top
down.

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Implementation of Methods to Deal with Hostage

Situation
Hostage situations of the revised PNP Operational
Procedures provides the following;
a. A crisis management task group shall be activated
immediately.
b. Incident scene shall be secured and isolated.
c. Unauthorized person/s shall not be allowed for
entry and exit to the incident scene.
d. Witness/es name/s addresses and other
information shall be recorded. Witness shall be
directed to a safe location.
The Ground Commander – the only person responsible
for the command being the ground commander in the
era.
The Negotiator/s – they shall be designated by the
Ground Commander. No one shall be allowed to talk to
the hostage taker without clearance from the negotiating
panel or ground commander.
Assault Team – an assault team shall be alerted for
deployment in case the negotiation fails. Members
of the assault team shall wear authorized and easily
recognizable uniform during the conduct of the
operations. Bonnets shall not be used.
Assault Plan – the assault shall be planned to ensure
minimal threat to life.
Support Personnel – an ambulance with medical crew
and a fire truck shall be detailed at the incident.
Coordination – proper coordination with all participating
elements shall be done to consolidate efforts in solving
crisis.
Safety of Hostage/s – in negotiating for the release
of a hostage, the safety of the hostage shall always be
paramount.

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NEGOTIATION PROCEDURES
• Stabilize and contain the situation.
• Select the right time to contact the hostage taker.
• Take time when negotiating.
• Allow hostage take to speak.
• Don’t offer the hostage to offer anything. What he
will ask will be part of the negotiation.
• Avoid directing frequent attention to the victim
when talking to the hostage taker.
• Do not call them hostages. Be as honest as
possible; avoid tricks, be sincere.
• Never dismiss any request from the hostage taker
as trivial or unimportant.
• Never say “NO.”
• Soften the demands.
• Never set deadline. Try not to accept a deadline.
• Do not make alternate suggestions not agreed
upon in the negotiation.
• Do not introduce outsiders (non-law enforcement
officers) into the negotiation process, unless their
presence is extremely necessary; do not exchange
a negotiator for a hostage.
• Avoid negotiating face-to-face.
• Law enforcement officers without proper training
shall not be allowed to participate in hostage
negotiations.

THE INCIDENT COMMAND SYSTEM

Backgrounder
The NRDDMC has issued Memorandum Circular
No. 4, series of 2012 provides the Implementing
Guidelines on the Use of Incident Command
System (ICS) as an On-Scene Disaster response and

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Management Mechanism under the Philippine Disaster

Risk Reduction and Management System (PDRRMS).
The objective is to provide guidance to all DRRMCs and
other agencies concerned from both government and
private sectors on the institutionalization and proper use
of Incident Command System (ICS) as a tool to organize
on-scene operations for a broad spectrum of disasters
or emergencies from small to complex incidents, both
natural and human-induced.
The coverage of the said memorandum shall
apply to all DRRMCs and other agencies concerned,
whether government or private, that are responsible
for all-hazards incident management in their respective
areas of jurisdiction. It shall specifically cover on-scene
management of emergency response operations from
disaster impact to the immediate emergency response
phase of an incident, with priority objectives of saving
lives, ensuring safety of responders and others,
protecting property and environment, and incident
stabilization.
During the 1st ASEAN Committee on Disaster
Management Meeting (ACDM) held in Brunei Darussalam
on December 09-19, 2003, the ACDM formally adapted
the ASEAN-US Cooperation on Disaster Management
Program, with focus on ICS Capability Building for
the ten ASEAN Member States (AMS). The US Agency
for International Development (USAID) which is the
principal funding agency of the program has tapped the
US Department of Agriculture-Forest Service (USDA-
FS) as the Program Implementing Agency.
The ICS Model introduced under the ASEAN-
US Cooperation on Disaster Management provided the
framework for adaptation of an appropriate and suitable
model for on-scene disaster response and management
system within the AMS respective jurisdictions, at the
same time, to facilitate joint disaster emergency response
and interoperability among the ASEAN Member States.
The Incident Command System could also effectively
address some persistent issues and problems arising

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at on-scene level such as who’s in-charge on-site,

especially when the incident involves multi-agency
participation and multi-jurisdictional, too many
responders, too many people reporting to one supervisor,
unclear lines of authority, no check-in procedures for
responders and unclear incident objectives. The on-
scene disaster management tool introduced to the AMS
under the Cooperation has been proven to be effective
disaster response mechanism at the same level and
has been utilized by the US and adapted by a number
of other countries. It is now emerging as the common
international language of the emergency response.
In the Philippines, the NDRRMC, through the
Office of Civil Defense (OCD), took the lead in the
implementation of the ASEAN-US Cooperation on
DM. Partner agencies are the Department of Local
Government - Bureau of Fire Protection (DILG-BFP),
Department of Health (DOH), Department of Social
Welfare and Development (DSWD), Philippine National
Police (PNP), Armed Forces of the Philippines (AFP),
Philippine Red Cross (PRC), Metro Manila Development
Authority (MMDA), Fire National Training Institute
(FNTI), Subic Bay Metropolitan Authority (SBMA), the
City Government of Olongapo, Davao City Rescue 911
and Amity Public Safety Academy (APSA).
Among the activities that were conducted in the
country under Phases 1 and 2 of the Program include
the following:
Phase 1 (2003-2005)
Introduction of ICS to selected NDCC (now known
as NDRRMC) Member Agencies; initial adaptation
initiatives to the Philippine Disaster Management
System context and ICS course material adaptation;
Training of Trainers on ICS and Pilot Testing of adapted
course materials
Phase 2 (2009-July 2012)
ICS Inception Workshop; ICS Instructor Development

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through the conduct of six (6) ICS Courses, namely:

5-day ICS Basic/Intermediate Course ( July 1923,
2010), Integrated Planning Course (Oct. 11-21, 2010),
Administration and Finance Section Chief Course (Feb.
28-Mar. 1, 2011), Operations Section Chief Course
(Mar. 3-4, 2011), Logistics Section Chief Course (Mar.
4-7, 2011), and Incident Commander Course (Mar.
8-11, 2011).
Thirty-two (32) participants from partner agencies
have successfully completed the above courses and
certified as ICS National Cadre of Instructors by the
NDRRMC-OCD and United States Department of
Agriculture – Forest Service (USDA-FS). They are now
constituted as the core of the NDRRMC I n c i d e n t
Management Team (NIMT) who can be mobilized by the
National Council, as necessary, to assist in on-scene
disaster response and management in affected areas of
the archipelago.
On December 24 2009, the ASEAN Agreement
on Disaster Management and Emergency Response
(AADMER) was ratified by the ten AMS and called on
the Member States, among others, to prepare standard
operating procedures for regional cooperation and
national action such as regional standby arrangements
and coordination of disaster relief and emergency
response.
Moreover, RA 10121, s-2010, otherwise known
as An Act Strengthening the Philippine Disaster Risk
Reduction and Management System, Providing for
the National Disaster Risk Reduction and Management
Framework and Institutionalizing the National Disaster
Risk Reduction and Management Plan, has reposed
on the Office of Civil Defense the primary mission “to
administer a comprehensive national civil defense and
disaster risk reduction and management program by
providing leadership in the continuous development of
strategic and systematic approaches as well as measures
to reduce the vulnerabilities and risks to hazards and
manage the consequences of disasters”. Section 9 of the

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said law provides the functions / operational directions

that OCD shall undertake to effectively implement
its mission. One of these functions is “to formulate
standard operating procedures for the deployment of
rapid assessment teams, information sharing among
agencies and coordination (underscoring supplied)
before and after disasters at all levels.
Further, Rule 7 (h), Implementing Rules and
Regulations (IRR) of RA 10121, has expressly provided
for the establishment of an Incident Command System
(ICS) as part of the country’s on-scene disaster response
system to ensure the effective consequence management
of disasters or emergencies. Hence, in line with the
objectives of AADMER and RA 10121, the Government
of the Philippines through the NDRRMC, hereby adopts
and integrates the Incident Command System (ICS) as
an on-scene incident management mechanism within
the Philippine Disaster Risk Reduction and Management
System (PDRRMS). Towards this end, regular conduct
of ICS training for disaster managers and responders
at all DRRMC levels, non-government organizations
and private sector agencies and organization of
Incident Management Teams for disaster response and
management at the on-scene level should be pursued
and integrated in the ICS development and capacity
building program of all DRRMCs and other agencies
concerned.

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TERMS TO PONDER
Agency Administrator/Executive or Responsible
Official - the official responsible for administering
policy for an agency or jurisdiction, having full authority
for making decisions, and providing direction to the
management organization for an incident; he is normally
the Chairperson of the DRRMC or Agency Head or their
duly authorized representative.
All-Hazards – any incident, natural or human-
induced, that warrants action to protect life, property,
environment, public health, or safety and minimize
disruptions of government, social or economic activities.
Area Command - an organization established to oversee
the management of multiple incidents that are each
being handled by a separate Incident Command System
organization or of a very large or evolving incident that
has multiple Incident Management Teams engaged. An
agency administrator/executive or other public official
with jurisdictional responsibility for the incident usually
makes the decision to establish an Area Command. It is
activated only if necessary, depending on the complexity
of the incident and incident management span-of-
control considerations.
Assistant - title for subordinates of principal
Command Staff positions. The title indicates a level of
technical capability, qualifications, and responsibility
subordinate to the primary positions. Assistants may
also be assigned to unit leaders.
Base - the location at which primary Logistics functions
for an incident are coordinated and administered. There
is only one Base per incident. (Incident name or other
designator will be added to the term Base). The Incident
Command Post may be co-located with the Base.
Branch – the organizational level having functional
or geographical responsibility for major aspects of
incident operations. A branch is organizationally
situated between the section and division or group in

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the Operations Section, and between the section and

units in the Logistics Section. Branches are identified
by the use of Roman numerals or by functional area.
Camp - a geographical site within the general incident
area (separate from the Incident Base) that is equipped
and staffed to provide sleeping, food, water, and sanitary
services to incident personnel
Chain of Command - series of command, control,
executive or management positions in hierarchical
order of authority; an orderly line of authority within
the ranks of the incident management organization
Chief - The Incident Command System title for
individuals responsible for management of functional
Sections: Operations, Planning, Logistics, Finance/
Administration and Intelligence/Investigations (if
established as a separate Section)
Command - the act of directing, ordering, or controlling
by virtue of explicit statutory, regulatory, or delegated
authority
Command Staff - Consists of Public Information
Officer, Safety Officer, Liaison Officer, and other
positions as required, who report directly to the Incident
Commander. They may have assistant or assistants, as
needed
Common Terminology - normally used words and
phrases-avoids the use of different words/phrases for
same concepts, consistency
Community - consists of people, property, services,
livelihoods and environment; a legally constituted
administrative local government unit of a country, e.g.
municipality or district.
Coordination - bringing together of organizations and
elements to ensure effective counter disaster response.
It is primarily concerned with the systematic acquisition
and application of resources (organization, manpower

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and equipment) in accordance with the requirements

imposed by the threat of impact of disaster.
Delegation of Authority – a statement or instruction
given to the Incident Commander by the Agency
Executive or Responsible Official delegating authority
and assigning responsibility. The Delegation of Authority
can include objectives, priorities, expectations,
constraints and other considerations or guidelines as
needed.
Deputy - a fully qualified individual who, in the absence
of the superior, can be delegated the authority to manage
a functional operation or perform a specific task. In
some cases, a deputy can act as relief for superior, and
therefore must be fully qualified in the position. Deputies
generally can be assigned to the Incident Commander,
General Staff and Branch Directors.
Disaster - a serious disruption of the functioning of a
community or a society involving widespread human,
material, economic or environmental losses and impacts,
which exceeds the ability of the affected community or
society to cope using its own resources; an actual threat
to public health and safety where the local government
and the emergency services are unable to meet the
immediate needs of the community; an event in which the
local emergency management measures are insufficient
to cope with a hazard, whether due to a lack of time,
capacity or resources, resulting in unacceptable levels
of damage or number of casualties.
Disaster Response - the provision of emergency services
and public assistance during or immediately after a
disaster in order to save lives, reduce health impacts,
ensure public safety and meet the basic subsistence
needs of the people affected. Disaster response is
predominantly focused on immediate and short-term
needs and is sometimes called “disaster relief’.
Emergency - unforeseen or sudden occurrence,
especially danger, demanding immediate action; an
actual threat to an individual’s life or to public health

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and safety which needs immediate response

Emergency Management - the organization and
management of resources and responsibilities for
addressing all aspects of emergencies, in particular,
preparedness, response and initial recovery steps; a
management process that is applied to deal with the
actual or implied effects of hazards
Emergency Operations Center - the physical location
at which the coordination of information and resources
to support incident management (on-scene operations)
activities normally takes place
Finance/Administration Section - the ICS functional
section responsible for approving and tracking all
expenditures and spending related to the incident.
Function - refers to the five major activities in the
Incident Command System: Command, Operations,
Planning, Logistics, and Finance/Administration. The
term function is also used when describing the activity
involved (e.g., the planning function). A sixth function,
Intelligence/Investigations, may be established, if
required, to meet incident management need.
General Staff - a group of incident management
personnel organized according to function and
reporting to the Incident Commander. The General
Staff normally consists of the Operations Section Chief,
Planning Section Chief, Logistics Section Chief, and
Finance/Administrative Section Chief. An Intelligence/
Investigations Chief may be established, if required, to
meet incident management needs.
Hazard - a dangerous phenomenon, substance,
human activity or condition that may cause loss of life,
injury or other health impacts, property damage, loss of
livelihood or services, social and economic disruption,
or environmental damage; any potential threat to public
safety and/or public health; any phenomenon which has
the potential to cause disruption or damage to people,
their property, their services or their environment, i.e.,

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their communities. The four classes of hazards are

natural, technological, biological and societal hazards.
Incident - an occurrence or event, natural or human-
induced, that requires an emergency response to protect
life or property. Incidents can, for example, include
major disasters, emergencies, terrorist attacks, terrorist
threats, civil unrest, floods, hazardous materials spills,
nuclear accidents, aircraft accidents, earthquakes,
tropical storms, tsunamis, war-related disasters, public
health and medical emergencies, and other occurrences
requiring an emergency response.
Incident Action Plan (IAP) - an oral or written plan
containing general objective reflecting the overall
strategy for managing an incident. It may include the
identification of operational resources and assignments.
It may also include attachments that provide direction
and important information for management of the
incident during one or more operational periods.
Incident Command - responsible for overall
management of the incident and consists of the Incident
Commander, either single or unified command, and any
assigned supporting staff
Incident Commander (IC) - the individual responsible
for all incident activities, including the development
of strategies and tactics and the ordering and the
release of resources. The IC has overall authority
and responsibility for conducting incident operations
and is responsible for the management of all incident
operations at the incident site.
Incident Command Post (ICP) - the field location where
the primary functions are performed. The ICP may be co-
located with the incident base or other incident facilities
Incident Command System (ICS) - is a standardized,
on-scene, all-hazard incident management concept;
allows its users to adopt an integrated organizational
structure to match the complexities and demands of
single or multiple incidents without being hindered

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by jurisdictional boundaries. ICS is non-permanent

organization and is activated only in response to
disasters or emergencies.
ICS National Cadre - group of individuals who
successfully underwent the National Training of
Trainers on Incident Command System, didactic and
practicum, covering the six (6) ICS courses conducted
by the US Department of Agriculture – Forest Service in
the Philippines from March, 2010 to July, 2011, under
the ASEAN – US Cooperation on Disaster Management,
ICS Capability Building Program, Phase 2.
Incident Management Team (IMT) - an Incident
Commander and the appropriate Command and
General Staff personnel assigned to the incident. IMTs
are generally grouped in five types. Types I and II are
National Teams, Type III are Regional Teams, Type IV
are discipline or large jurisdiction specific, while Type
V are ad-hoc incident command organizations typically
used by smaller jurisdictions.
The ICS National Cadre referred to above shall be
initially constituted as a National IMT of the NDRRMC.
IMTs shall be organized as one of the response teams
of DRRMCs and other agencies concerned that can be
readily mobilized to assist in affected areas.
Incident Objectives - statements of guidance and
direction needed to select appropriate strategy(ies) and
the tactical direction of resources. Incident objectives
are based on realistic expectations of what can be
accomplished when all allocated resources have been
effectively deployed. Incident objectives must be
achievable and measurable, yet flexible enough to allow
strategic and tactical alternatives.
Interoperability – allows emergency management
response personnel and their affiliated organizations
to communicate within and across agencies and
jurisdictions via voice, data, or video on-demand, in real
time, when needed and when authorized.

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Jurisdiction – a range or sphere of authority. Public

agencies have jurisdiction at an incident related to
their legal responsibilities and authority. Jurisdictional
authority at an incident can be political or geographical
(e.g. town, city) or functional (e.g. law enforcement,
public health).
Liaison Officer - a member of the Command Staff
responsible for coordinating with representatives from
cooperating and assisting agencies or organizations.
Logistics Section - the section responsible for providing
facilities, services, and material support for the incident.
Preparedness - measures taken to strengthen the
capacity of the emergency services to respond in an
emergency
Tactics - refers to those activities, resources and
maneuvers that are directly applied to achieve goals;
deploying and directing resources on an incident to
accomplish the objectives designated by the strategy.
Unified Command (UC) - an Incident Command System
management option that can be used when more than
one agency has incident jurisdiction or when incidents
cross political boundaries/ jurisdictions. Agencies work
together through the designated members of the UC,
often the senior person from agencies and/or disciplines
participating in the UC, to establish a common set of
objectives and strategies and a single Incident Action
Plan.
Unity of Command - the concept by which each person
within an organization reports to one and only one
designated person. The purpose of unity of command is to
ensure unity of effort under one responsible commander
for every objective; principle of management stating that
each individual involved in incident operations will be
assigned to only one supervisor.

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BASIC CONCEPTS AND PRINCIPLES ON ICS

To ensure the standard use and application of
ICS, the following basic concepts and principles for on-
scene disaster operations are hereby adopted:
Incident Command System (ICS) - is a standardized, on-
scene, all-hazard incident management concept; allows
its users to adopt an integrated organizational structure to
match the complexities and demands of single or multiple
incidents without being hindered by jurisdictional
boundaries. ICS is non-permanent organization and is
activated only in response to disasters or emergencies.

Incidents/Events Managed by ICS

• Disasters caused by natural hazards such as
typhoons, floods, earthquakes, volcanic eruptions
and tsunamis.
• Human-induced crisis such as terrorism, hostage
taking, armed conflict situations and bombing
incidents.
• Accident such as fires, hazardous materials
incidents, traffic accidents.
• Human and animal disease outbreaks.
• Planned events such as fiestas, parades, sports
events, conferences, concerts.

Principles and Features of ICS

Functions Description
• Command  Overall responsibility
• Operations  Direct tactical actions
• Planning  Collect data, prepare
• Logistics action plan
• Finance/  Provide logistical support
Administration  Procedure resources,
maintain accountability

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ICS Span of Control for any Supervisor:

• Between 3 to 7 subordinates
• Ideally does not exceed 5 subordinates

The Responsible Official and the Incident

Commander
o Responsible Official
 Chairperson of the NDRRMC (or Head Agency/
Organization/Office)
 Provides overall policy direction and guidance
 Serves as link to other higher authorities
 Delegates authority to Incident Commander to
manage the incident.
o Incident Commander
 Receives authority from the RO
 Establishes objectives based on the overall
guidance
 Establishes the Incident Management Team
and leads the tactical/on-scene response
operations
 Ensures incident safety
 Maintains liaison with participating response
groups

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Coordination VS Command and Control

Coordination Command & Control
The RO and the The IC undertakes the
principals from other following;
agencies undertake  Commanding
coordination through; responders for on-
 Making policy scene operations
decisions  Controlling and
 Establishing managing the
priorities resources deployed
 Resolving critical tactically on the
resource issues ground
 Mobilizing and  Reporting progress
tracking resources and updates on the
operations to the RO
 Collecting, analyzing,
and disseminating
situation report/
information

o Emergency Operations Center

 Facility that serves as repository of information
and the main hub for inter-agency coordination.
 Links coordination to command and control.

THE FOURTEEN (14) MANAGEMENT

CHARACTERISTICS OF ICS
ICS is based on fourteen (14) proven management
characteristics, each of which contributes to the
strength and efficiency of the overall system. These are
as follows:
a. Common Terminology
The use of common terminology in ICS will
allow diverse incident management and support
organizations to work together across a wide variety of

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incident management functions and hazard scenarios.

This common terminology applies to the following:
1. Organizational Function
Major functions and functional units with
incident management responsibilities are
named and defined. Terminology for the
following organizational elements is standard
and consistent, namely, Command, Planning,
Operations, Logistics and Administration and
Finance.
2. Resource Descriptions
Major resources—including personnel, facilities,
and major equipment and supply items—that
support incident management activities are given
common names and are “typed” with respect
to their capabilities as follows: “Assigned”,
“Available” and “Out-of-Service”. This is to help
avoid confusion and to enhance interoperability.
3. Incident Facilities
Common terminology is used to designate the
facilities established in the vicinity of the incident
area that will be used during the course of the
incident.
b. Modular Organization
The ICS organizational structure develops in
a modular fashion based on the size and complexity
of the incident, as well as the specifics of the hazard
environment created by the incident. Responsibility for
the establishment and expansion of the ICS modular
organization ultimately rests with Incident Command,
which bases the ICS organization on the requirements
of the situation.
c. Management by Objectives
Management by objectives is communicated
throughout the entire ICS organization and includes:

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 Knowing agency policy and direction.

 Establishing incident objectives.
 Developing strategies based on incident objectives.
 Establishing specific, measurable tactics or tasks
for various incident management functional
activities, and directing efforts to accomplish them,
in support of defined strategies. e. Documenting
results to measure performance and facilitate
corrective actions.
d. Incident Action Plan
Centralized coordinated incident action planning
should guide all response activities. An Incident
Action Plan (IAP) provides a concise, coherent means
of capturing and communicating the overall incident
priorities, objectives, strategies, and tactics in the
context of both operational and support activities.
e. Span of Control
Manageable span of control is key to effective and
efficient incident management. Supervisors must be able
to adequately supervise and control their subordinates,
as well as communicate with and manage all resources
under their supervision. f. Incident Facilities and
Location Various types of operational support facilities
should be established in the vicinity of an incident,
depending on its size and complexity, to accomplish a
variety of purposes. The IC will direct the identification
and location of facilities based on the requirements
of the situation. ICS facilities should include Incident
Command Posts, Bases, Camps, Staging Areas, mass
casualty triage areas, point of distribution sites, and
others as required.
g. Resource Management
Maintaining an accurate and up-to-date picture of
resource utilization is a critical component of incident
management and emergency response. Resources to
be identified include personnel, teams, equipment,

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supplies, and facilities available or potentially available

for assignment or allocation.
h. Integrated Communications
Incident communications should be developed through
the use of a common Communications plan to ensure
interoperability and connectivity between and among
operational and support units of the various agencies
involved. Preparedness planning should therefore
endeavor to address the equipment, systems, and
protocols necessary to achieve integrated voice and data
communications.
i. Establishment and Transfer of Command
The command function must be clearly established
from the beginning of incident operations. The agency
with primary jurisdictional authority over the incident
designates the individual at the scene responsible for
establishing command. When command is transferred,
the process must include a briefing that captures all
essential information for continuing safe and effective
operations.
j. Chain of Command and Unity of Command
At all times during disaster operations, chain of
command and unity of command shall be observed.
This is to ensure clarity in reporting relationships and
eliminate the confusion caused by multiple, conflicting
directives.
k. Unified Command
In incidents involving multiple jurisdictions, a
single jurisdiction with multiagency involvement, or
multiple jurisdictions with multiagency involvement,
a Unified Command approach should be applied to
allow agencies with different legal, geographic, and
functional authorities and responsibilities work together
effectively without affecting individual agency authority,
responsibility, or accountability.

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l. Accountability
Effective accountability of resources at all
jurisdictional levels and within individual functional
areas during incident operations is essential. To this
end, Check-In/Check-Out, Incident Action Planning,
Unity of Command, Personal Responsibility, Span of
Control, and Resource Tracking must be adhered to
within the ICS. m. Dispatch/Deployment Resources
should respond only when requested or when dispatched
by an appropriate authority through established
resource management systems. Resources not
requested must refrain from spontaneous deployment
to avoid overburdening the recipient and compounding
accountability challenges.
n. Information and Intelligence Management
The incident management organization must
establish a process for gathering, analyzing, assessing,
sharing, and managing incident-related information
and intelligence.

INCIDENT COMMAND AND GENERAL STAFF

The Incident Command, which comprises the
Command and General Staff, shall be responsible for
overall management of the incident. The Command
and General Staff are typically located at the Incident
Command Post (ICP).
a. Incident Command
The command function may be conducted in one
of two general ways:
1. Single Incident Command
Single incident command maybe applied
when an incident occurs within a single jurisdiction
and there is no jurisdictional or functional

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agency overlap. Overall incident management

responsibility rests on the appropriate
jurisdictional authority. In some cases where
incident management crosses jurisdictional and/
or functional agency boundaries, a single IC may
be designated if agreed upon.
2. Unified Command (UC)
UC for incident management may be applied
when a disaster or emergency affects several
areas or jurisdictions or requires multiagency
engagement. Unified Command, as an incident
management option, provides the necessary
guidelines to enable agencies with different legal,
geographic, and functional responsibilities to
coordinate, plan, and interact effectively. As a team
effort, UC allows all agencies with jurisdictional
authority or functional responsibility for the
incident to jointly provide management direction
through a common set of incident objectives and
strategies and a single IAP. Each participating
agency maintains its authority, responsibility,
and accountability.
b. Command Staff
In an incident command organization, the
Command Staff typically includes a Public Information
Officer, a Safety Officer, and a Liaison Officer, who
report directly to the IC/UC and may have assistants
as necessary. Additional positions may be required,
depending on the nature, scope, complexity, and
location(s) of the incident(s), or according to specific
requirements established by the IC/UC.
 Public Information Officer
The Public Information Officer is responsible for
interfacing with the public and media and/or with
other agencies with incident-related information
requirements. Whether the command structure
is single or unified, only one Public Information

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Officer should be designated per incident.

Assistants may be assigned from other involved
agencies, departments, or organizations. The
IC/UC must approve the release of all incident-
related information. In large-scale incidents or
where multiple command posts are established,
the Public Information Officer should participate
in or lead the Joint Information or Media Center
in order to ensure consistency in the provision of
information to the public.
 Safety Officer
The Safety Officer monitors incident operations
and advises the IC/UC on all matters relating to
operational safety, including the health and safety
of emergency responder personnel. The ultimate
responsibility for the safe conduct of incident
management operations rests with the IC/UC and
supervisors at all levels of incident management.
The Safety Officer is, in turn, responsible to the
IC/UC for the systems and procedures necessary
to ensure ongoing assessment of hazardous
environments, including the incident Safety
Plan, coordination of multiagency safety efforts,
and implementation of measures to promote
emergency responder safety as well as the general
safety of incident operations. The Safety Officer
has immediate authority to stop and/or prevent
unsafe acts during incident operations. It is
important to note that the agencies, organizations,
or jurisdictions that contribute to joint safety
management efforts do not lose their individual
identities or responsibility for their own programs,
policies, and personnel. Rather, each contributes
to the overall effort to protect all responder
personnel involved in incident operations.
 Liaison Officer
The Liaison Officer is Incident Command’s point
of contact for DRRMC/other government agency

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representatives, NGOs, and the private sector.to

provide input on their agency’s policies, resource
availability, and other incident-related matters.
Under either a single-IC or a UC structure,
representatives from assisting or cooperating
agencies and organizations coordinate through
the Liaison Officer.
 Additional Command Staff
Additional Command Staff positions may also
be necessary, depending on the nature and
location(s) of the incident or specific requirements
established by Incident Command.

3. GENERAL STAFF
The General Staff is responsible for the functional
aspects of the incident command structure. The General
Staff typically consists of the Operations, Planning,
Logistics, and Finance/Administration Section Chiefs.
The Section Chiefs may have one or more deputies
assigned, with the assignment of deputies from other
agencies encouraged in the case of multijurisdictional
incidents.
a. Operations Section
This Section is responsible for all tactical activities
focused on reducing the immediate hazard,
saving lives and property, establishing situational
control, and restoring normal operations.
Lifesaving and responder safety will always be the
highest priorities and the first objectives in the
IAP. The Operations Section Chief is responsible
to Incident Command for the direct management
of all incident-related tactical activities. The
Operations Section Chief will establish tactics for
the assigned operational period. An Operations
Section Chief should be designated for each
operational period, and responsibilities include
direct involvement in development of the IAP.

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The Operations Section is composed of the following:

1. Branches
Branches may be functional, geographic, or
both, depending on the circumstances of the
incident. In general, Branches are established
when the number of Divisions or Groups exceeds
the recommended span of control. Branches are
identified by the use of Roman numerals or by
functional area.
2. Divisions and Groups Divisions and/or Groups
They are established when the number of resources
exceeds the manageable span of control of Incident
Command and the Operations Section Chief.
Divisions are established to divide an incident
into physical or geographical areas of operation.
Groups are established to divide the incident into
functional areas of operation. For certain types of
incidents, for example, Incident Command may
assign evacuation or mass-care responsibilities
to a functional Group in the Operations Section.
Additional levels of supervision may also exist
below the Division or Group level.
3. Resources
Resources may be organized and managed in three
different ways, depending on the requirements of
the incident.
• Single Resources: Individual personnel or
equipment and any associated operators.
• Task Forces: Any combination of resources
assembled in support of a specific mission
or operational need. All resource elements
within a Task Force must have common
communications and a designated leader.
• Strike Teams: A set number of resources of the
same kind and type that have an established
minimum number of personnel. All resource

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elements within a Strike Team must have

common communications and a designated
leader.
The use of Task Forces and Strike Teams is
encouraged, when appropriate, to optimize the
use of resources, reduce the span of control
over a large number of single resources, and
reduce the complexity of incident management
coordination and communications.
b. Planning Section
The Planning Section collects, evaluates, and
disseminates incident situation information and
intelligence to the IC/UC and incident management
personnel. This Section prepares status reports,
displays situation information, maintains the status of
resources assigned to the incident, and prepares and
documents the IAP, based on Operations Section input
and guidance from the IC/UC.
As shown in the ICS organization below, the
Planning Section is comprised of four primary Units,
as well as a number of technical specialists to assist in
evaluating the situation, developing planning options,
and forecasting requirements for additional resources.
Within the Planning Section, the following primary Units
fulfill functional requirements:
 Resources Unit: Responsible for recording the
status of resources committed to the incident.
This Unit also evaluates resources committed
currently to the incident, the effects additional
responding resources will have on the incident,
and anticipated resource needs.
 Situation Unit: Responsible for the collection,
organization, and analysis of incident status
information, and for analysis of the situation as
it progresses.
 Demobilization Unit: Responsible for ensuring
orderly, safe, and efficient demobilization of

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incident resources.
 Documentation Unit: Responsible for collecting,
recording, and safeguarding all documents
relevant to the incident. • Technical Specialist(s):
Personnel with special skills that can be
used anywhere within the ICS organization.

The Incident Command System Organization

The ICS organization, as an on-scene level
command and management structure, should be
located at the ICP, which is generally located at or in
the immediate vicinity of the incident site. It is not a
permanent structure nor will replace existing DRRMCs/
other similar organizations in public and private
agencies or entities. It is designed to enable effective
and efficient incident management by integrating
a combination of facilities, equipment, personnel,
procedures, and communications operating within a
common organizational structure.

POLICY STATEMENTS
1. In line with the policy of the state to develop,
promote and implement a comprehensive National
Disaster Risk Reduction and Management Plan
(NDRRMP) that aims to strengthen the capacity of
the national government and the local government
units (LGUs), together with partner stakeholders,
to build the disaster resilience of communities,
and to institutionalize arrangements and
measures for reducing disaster risks, including
projected climate risks, and enhancing disaster
preparedness and response capabilities at all
levels, an all-hazards Incident Command System
is hereby established and institutionalized in the
PDRRMS as an on-scene disaster response and
management mechanism at all levels of DRRMCs,
including public and private sector agencies.

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2. As part of this ICS institutionalization process,

all concerned shall endeavor to carry out capacity
building programs for their ICS organization
through the conduct of ICS training, organization
of an All-Hazard Incident Management Teams
(IMTs), development of stand-by arrangements
and protocols for IMT notification, activation,
deployment and deactivation and other related
activities. The National ICS Cadre defined under
this Memorandum Circular shall take the lead
in undertaking the ICS capacity building and
development program under the leadership of the
Office of Civil Defense.
3. All incidents are expected to be managed locally
through their Local DRRMCs by using their own
emergency response teams/personnel, such as
Search and Rescue, Rapid Damage and Needs
Assessment and Incident Management Teams, as
well as material resources based on the following
criteria:
3.1 The Barangay Development Committee
(BDC), if a barangay is affected;
3.2 The city/municipal DRRMC, if two (2) or
more barangays are affected;
3.3 The provincial DRRMC, if two (2) or more
cities/municipalities are affected;
3.4 The regional DRRMC, if two (2) or more
provinces are affected;
3.5 The NDRRMC, if two (2) or more regions are
affected
4. The NDRRMC and intermediary Local DRRMCs
shall always act as support to LGUs which
have the primary responsibility as first disaster
responders to any incident occurring within their
jurisdictions. For this purpose, the National
Council and intermediary local DRRMCs shall
continue to provide support functions to the
affected LGUs to ensure that tactical objectives
at the field level are achieved, and immediate
emergency response operation is coordinated to
assist in the transition from on-scene emergency

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operations to early recovery and rehabilitation

operations to be undertaken by the regular
member agencies / humanitarian assistance
clusters of DRRMCs in affected areas.
5. An NDRRMC Incident Management Team (NIMT)
is constituted to be composed of members of
the National ICS Cadre as defined under this
Circular. As such, the NIMT is expected to serve
as one of the emergency response teams of the
National Council to carry out on-scene incident
management functions based on the above
criteria or whenever the situation warrants.

IMPLEMENTING MECHANISMS
The DRRMCs at all levels shall serve as the
mechanisms to ensure the effective implementation of
this Memorandum Circular. Partner agencies in the
ICS Capability Building Program, namely, DILG - BFP
and PNP, DOH, DSWD, MMDA, FNTI, PRC, SBMA Fire
Department, City Government of Olongapo, Davao
Rescue 911 and Amity Public Safety Academy are
enjoined to work closely with OCD, as the Lead Agency,
to attain the desired results thereof.
A TYPICAL INCIDENT COMMAND SYSTEM
(ICS) ORGANIZATION

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DRRMC Emergency Operations Center (EOC) – ICS

Organization Interoperability

The above chart describes the relationship between

and among the DRRMC Chairperson as Responsible
Official (RO), DRRMC Emergency Operations Center
and the ICS organization at the scene level.

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The DRRMC through its Chairperson and

likewise the Responsible Official, provides the Incident
Commander his policy directions and strategic
objectives, the mission and authority to achieve the
overall priorities of the on-scene disaster response
operations, namely, life safety, incident stabilization and
property/environmental conservation and protection.
The DRRMC OpCen, which is generally located
away from the disaster site, supports the Incident
Commander by making executive / policy decisions,
coordinating interagency relations, mobilizing
and tracking resources, collecting, analyzing and
disseminating information and continuously providing
alert advisories/bulletins and monitoring of the
obtaining situation. The EOC does not command the
on-scene level of the incident.
On the other hand, the Incident Commander
manages the incident at the scene with the support of
the relevant Command and General Staff depending
on the complexity of the situation. The IC also keeps
the Responsible Official / DRRMC Chairperson and the
EOC of all-important matters pertaining to the incident.

ORGANIZING AND MANAGING

INCIDENTS AND EVENTS
Managing Planned Events
Planned events are organized gatherings such as
parades, fiestas, concerts, conferences and other events
usually characterized by having high-density population
of audiences requiring security services.
Considerations for Planned Events
 Type of event
 Disaster/incident scenarios that may occur
 Location, size and expected duration
 Single or multi-agency participation

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 Single or multi-jurisdictional or multi-national

level event
 Command staff needs
 Kinds, types and number of resources
 Staging areas required
 Facilities for other requirements such as
communication sanitation, medical, etc.

Initial Steps in Organizing for any Incident

1. Size up the situation.
2. Determine if there lives at immediate risk.
3. Establish the immediate objectives.
4. Determine if there enough and necessary
resources on scene and/or requested.
5. Develop an Incident Action Plan.
6. Establish initial ICS Organization.
7. Consider span of control, personnel safety factors
and environmental issues.
8. Monitor work progress.
9. Review and modify objectives and adjust the IAP
as necessary.

Factors in Determining the Size of the ICS

Organization
 Administrative and jurisdictional authority
 Geographical areas involved
 Span of control considerations
 Functional specialties required
 Logistical planning and other support needs
 Potential for growth and political importance

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INCIDENT/EVENT ASSESSMENT AND

MANAGEMENT BY OBJECTIVES

Situation Awareness
It is the perception of what the current status of
the incident and what you are doing in relation to the
incident and your objectives.
It also involves the ability to predict changes in
the status of the incident and your future actions.

How to Generate Situation Awareness

 Identify current and potential problems.
 Recognize the need for action especially for
atypical situations.
 Do NOT ignore information discrepancies.
 Seek and provide information before acting.
 Continue collecting information about the incident
and assignment made.
 Identify deviations from the expected.
 Communicate your situation awareness to all
team members.

Incident Complexity: Factors to Consider

• Impact to lives, properties and the economy
• Safety of the responders and the communities
• Potential hazards
• Weather and other environmental influences
• Likelihood of cascading events
• Potential human-induced threats such as crimes
and terrorism
• Political sensitivity, external influences and media
relations
• Areas involved and jurisdictional boundaries
• Availability of resources
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Management by Objectives
• ICS is managed by objectives.
• Objectives are communicated throughout the
entire ICS organization through the incident
planning process.

Objectives, Strategies and Tactics

 Objectives – state what will be accomplished.
 Strategies – establish the general plan or direction
for accomplishing the incident objectives,
 Tactics – specify how the strategies will be
executed.

Establishing and Implementing Objectives

1. Understand agency policy and direction.
2. Assess incident situation.
3. Establish incident objectives.
4. Select appropriate strategies to achieve objectives.
5. Perform tactical direction.
6. Provide necessary follow-up.

THE ICS FACILITIES

Facility – location where primary command functions
are performed. Only one Incident Command Post (ICP)
for every incident.

Establishing the ICP

 Initially, the ICP shall be established near the
incident area.
 ICP should not be moved/relocated unless
absolutely necessary.
 There must be security and control access to the

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ICP as necessary.
 ICP activation and location must be announced
so appropriate personnel are notified.
 Should be large enough to provide adequate
working room for assigned personnel.
 Should contain situation and resources status
displays necessary for the incident.
 Must be positioned away from incident noise, the
present and potential hazard zone and confusion.
 Controls and assists the check-in of personnel
who arrive at the incident via privately owned
vehicles or other private means.

When to expand the ICP?

• Incidents manage under unified command
• Long-term incidents
• Incidents requiring an on-scene communications
center
• Incidents requiring a fully staffed planning
function
• Incidents requiring a full Command Staff
and Agency Representatives positions.

Staging Area – Temporary location for resources

awaiting assignments. Incidents may have several
staging areas with map symbol.
Establishing the Staging Area
 All staging will have a Manager.
 Staging areas will be given a name which describes
their general location.
 Resources in staging area must on a three-minute
available status.
 May include fueling and sanitation.
 May be designated for certain kinds of resources.

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The Base – is the location for primary support activities

and the location for out-of-service equipment (for repair)
and personnel (for medication).
Establishing the Base
 There should be only one base established for
each incident.
 Management of the base comes from the Logistics
Section.
 A base manager will be designated upon the
establishment of a base.
 It is advisable to pre-designate possible base
locations.

Camp – a temporary location to provide services to the

ICS personnel. Incidents may have several camps and
managed by a Camp Manager.
Establishing the Camp
 Location of camps can be moved.
 All base activities may be performed at the camp.
 Camp is designated by a geographic name or
number.

The Helibase – a location where helicopter may be

parked, maintained, fueled and loaded and managed by
a Helibase Manager.
Establishing the Helibase
 Large incidents may have more than one Helibase.
 Helibase can be located at airport or other off-
incident location.
 Designated by name of incident/event.
 It is not normally moved once it is established.

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The Helispots
 A temporary location where helicopter can safely
land and take off.
 Used to load or off-load personnel, equipment
and supplies.
 May have several helispots.

TRANSFER OF COMMAND, DEMOBILIZATION

AND CLOSE OUT
Transfer of Command – the process of moving the
responsibility of command from Incident Commander
to another IC.
The arrival of a more qualified person does not
necessarily mean a change in incident command. The
more qualified individual may –
 Assume command according to guidelines.
 Maintain current command as it is and monitor
its activity and effectiveness.
 Request another more qualified IC as needed.
Whenever possible, transfer of command
should;
 Take place face-to-face
 Include a complete briefing
The effective time and date of the transfer should
be communicated to the concerned personnel.

Transfer of Command Briefing Agenda

1. Situation status.
2. Incident objectives and priorities IAP.
3. Current organization.
4. Resource assignment.

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5. Resources ordered and en route.

6. Incident facilities
7. Incident communications plan
8. Incident prognosis, concerns and other issues
9. Introduction of command and general staff
members

Documentation: ICS Form 201

• The initial IC can use the ICS Form 201 to
document actions and situational information
required for transfer command.
• For more complex transfer of command situations,
every aspect of the incident must be documented
and included in the transfer of command briefing.

Stabilizing and De-escalating Incidents

When an in incident stabilizes and de-escalates;
• Incident management is returned to the original
level of incident command.
• A transfer of command occurs.

Demobilization – this refers to the release and return

of resources that are no longer required for the support
of the incident/event is over.
Planning for demobilization helps to;
 Eliminate waste
 Eliminate potential fiscal and legal impacts
 Ensure a controlled, safe, efficient, and cost-
effective release process.
Demobilization policies and procedures depends
on the size of the incident and may involve;
 Fiscal/legal policies and procedures
 Work rules

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 Special license requirements

 Other requirements
Basic Parts of Demobilization Plan
• Demobilization process
• Responsibilities
• Release priorities
• Release procedures
• Directories

Close Out – is the formal meeting that shall take place

with the RO and the IMT members. The IC will stay
with the incident until its conclusion and the close out
meeting.

Things to discuss during the Close Out Meeting

 Incident summary and actions taken
 Major events that may have lasting ramifications
 Documentation, including components for
finalization.
 Opportunity for the officials to bring up concerns.
 Evaluation of incident management by the
officials.

Preparations for the Close Out Meetings

 PSC prepares the agenda and accompanying
handouts/supporting documents.
 IC approves the agenda.

Team Close Out Meeting

• IMT may hold a close out meeting to discuss team
performance.
• The results of close out meeting can form part
of the “after action review” or “lessons learned”
summary report.

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SUMMATIVE EVALUATION

PART I – DEFINITION: Define the following terms.

1. Crisis Management
________________________________________________
________________________________________________
________________________________________________
________________________________________________

2. Incident Command System

________________________________________________
________________________________________________
________________________________________________
________________________________________________

3. Transfer of Command
________________________________________________
________________________________________________
________________________________________________
________________________________________________

4. Demobilization
________________________________________________
________________________________________________
________________________________________________
________________________________________________

5. Close Out
________________________________________________
________________________________________________
________________________________________________
________________________________________________

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PART II – ESSAY AND ENUMERATION: In a clean

sheet of paper, answer what is asked below:
1. Describe the doctrine and phases of crisis
management.
2. What are the different negotiation models?
Describe each.
3. How to establish an Incident Command Post
(ICP)?
4. Illustrate the typical Incident Command System
(ICS) Organization.
5. Describe the concept of Chain of Command.

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Annex A

PNP OPERATIONAL PROCEDURES ON

LABOR DISPUTES
(Rule No. 24)

General Policy and Guidelines

a. The involvement of PNP personnel during strikes,
lockouts and labor disputes in general shall be
limited to the maintenance of peace and order,
enforcement of laws, and implementation of legal
orders of the duly constituted authorities.
b. The PNP shall only render assistance to labor
disputes upon written request addressed to the
Regional Director/ District Director concerned.
In case of actual violence, the police can respond
without the written request.
c. Insofar as practicable, no PNP personnel shall be
allowed to render police assistance in connection
with a strike or lockout if there is question or
complaint as regards his relationship by affinity
or consanguinity to any official/leader of the
parties in the controversy or if he has financial or
pecuniary interest therein.
d. PNP personnel detailed as peace-keeping force
in strike or lockout areas shall be in prescribed
uniform at all times.
e. They shall exercise maximum tolerance and
when called for by the situation or when all
other peaceful and non-violent means have been
exhausted, police officers may employ such means
as may be necessary and reasonable to prevent or
repel an aggression.
f. The matter of determining whether a strike,
picket or lockout is legal or not should be left to
Department of Labor and Employment (DOLE)

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and its appropriate agencies. PNP personnel

should not interfere in a strike, picket or lockout,
except as herein provided.
g. No personal escort shall be provided to any of the
parties to the controversy unless upon written
request from DOLE. Whenever escorts are to
be provided, the other party shall be informed
accordingly. All escorts shall be in prescribed
uniform at all times.
h. During the pendency of a strike/lockout, the
police personnel concerned are prohibited from
socializing with any of the parties involved in the
controversy.
i. Liaison shall be established and maintained
with the representatives of DOLE, management
and the union in the strike/lockout area for the
purpose of maintaining peace and order, as well
as to maintain a continuing peaceful dialogue
between the parties to the strike/ lockout.
j. The peace-keeping detail shall not be stationed in
the picket line (or confrontation line) but should
be stationed in such manner that their presence
may deter the commission of criminal acts or
any untoward incident from either side. The
members of the peacekeeping detail shall stay
outside a 50-meter radius from the picket line.
In cases where in the 50-meter radius includes a
public thoroughfare, they may station themselves
in such public thoroughfare for the purpose of
ensuring the free fl ow of traffic.

Applicable Legal Parameters

The pertinent provisions of the Public Assembly Act
of 1985 (Batas Pambansa Bilang 880), the Labor Code of
the Philippines, as amended and other applicable laws,
shall be observed during rallies, strikes, demonstrations
or other public assemblies. Law enforcement agents

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shall, at all times:

a. Exercise maximum tolerance.
b. In case of unlawful aggression, only reasonable
force may be employed to prevent or repel it.
c. The employment of tear gas and water cannons
shall be made under the control and supervision
of the Ground Commander.
d. No arrest of any leader, organizer, or participant
shall be made during the public assembly, unless
he/she violates any pertinent law as evidence
warrants.

Service of Lawful Orders or Writ

The service of Department of Labor and
Employment (DOLE), court, or other lawful orders or
writs is the primary concern of the DOLE representative,
sheriff, and representative of the government agency
issuing the order, respectively. The role of the PNP is only
supportive. Only when specifically stated and requested
in the order or writ shall the PNP enforce such orders or
writs.

Prohibited Labor Activities

No personnel of the PNP shall:
a. Bring in, introduce or escort in any manner,
any individual who seeks to replace strikers in
entering or leaving the premises or a strike area;
or
b. Work in replacement of the strikers

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Annex B

PNP OPERATIONAL PROCEDURES ON

RALLIES AND DEMONSTRATIONS
(Rule No. 25)

Policies
a. The PNP adheres to the Code of Conduct for Law
Enforcement Officials adopted by the General
Assembly of the United Nations which requires
law enforcement officials to respect and protect
human dignity, maintain and uphold the human
rights of all persons, and limit the use of force to
situations where it is strictly necessary and to the
extent required for the performance of their duty.
b. Public assemblies held in freedom parks or on
private property do not need a permit for the
activity. Public assembly with permit or one held
in a freedom park or private property shall not be
dispersed as long as it remains peaceful and no
incidence of violence occurs.
c. The PNP shall provide police assistance only
when requested by the leaders or organizers for
maintenance of peace and order or to ensure
the safety of those participating in the public
assemblies held in freedom parks or on private
property.
d. A public assembly held in a public place must
have a permit from the mayor of the city or
municipality exercising jurisdiction over the place
where it will be held.
e. A public assembly held with or without a permit
may be peacefully dispersed. A public assembly
with a permit may be dispersed if the same is
being held in violation of the terms and conditions
imposed in the permit. In both cases, before

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conducting any dispersal operation, the PNP shall

notify the concerned organizers and leaders of the
public assembly.
f. Lightning demonstrations or rallies in areas where
public assembly is prohibited shall be dispersed
peacefully. However, should any of the participants
refuse to disperse voluntarily or violate any law
or ordinance during an unauthorized public
assembly; they shall be taken into police custody
and be charged accordingly.
g. Ground Commanders are responsible in
determining whether there is a permit for the
holding of the public assembly.
h. Close coordination with the mayor of the city or
municipality, or his representative, where the
public assembly is being held should always be
maintained especially when a permit has not been
issued but an application has been fi led prior to
the holding of the public assembly.
i. Maximum tolerance shall be exercised in the
conduct of dispersal operations. Violators of the
law shall be apprehended and brought to the
nearest Police Station for proper disposition.

Limitations on the Role of the PNP

The PNP shall not interfere with the holding of
a public assembly. However, to ensure public safety
and to maintain peace and order during the assembly,
the police contingent under the command of a PCO
preferably with the rank of Police Senior Inspector may
be detailed and stationed in a place at least one hundred
(100) meters away from the area of activity.
Guidelines for Civil Disturbance Management
(CDM) Contingent During Rallies/Demonstrations
a. CDM contingent shall be in prescribed uniform
without fi rearm.

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b. Tear gas, smoke grenades, water cannons, or any

similar anti-riot device shall be used only when
the public assembly is attended by actual violence
or serious threats of violence, or deliberate
destruction of property.

Dispersal of Public Assembly with Permit

All public assembly with a permit shall not be
dispersed. However, when an assembly becomes violent,
the police may disperse such public assembly in the
following manner:
a. At the first sign of impending violence, the
Ground Commander of the PNP contingent shall
call the attention of the leaders of the public
assembly and ask the latter to prevent any
possible disturbance;
b. If actual violence reaches a point where rocks
or other harmful objects from the participants
are thrown at the police officers or at the
non-participants, or at any property, causing
damage to it, the Ground Commander of the PNP
contingent shall audibly warn the participants
that if the disturbance persists, the public
assembly will be dispersed;
c. If the violence or disturbance does not stop, the
Ground Commander of the PNP contingent shall
audibly issue a warning to the participants of the
public assembly, and after allowing a reasonable
period of time to lapse, he shall immediately
order it to disperse; and
d. No arrest of any leader, organizer or participant
shall be made unless he violates during the
assembly a law, statute, or ordinance.

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Dispersal of Public Assembly Without Permit

When the public assembly is held without a permit
where a permit is required, the said public assembly may
be peacefully dispersed. However, when the leaders or
organizers of public assembly can show an application
for permit duly fi led at the Office of the Mayor which
has jurisdiction over the place where the rally will be
held, at least five (5) days prior to the intended activity
and the Mayor did not act on the same, the grant of the
permit being then presumed under the law, and it will
be the burden of the authorities to show that there has
been a denial of the application, in which case, the rally
may be peacefully dispersed following the procedure of
maximum tolerance prescribed by law.

Prohibited Acts
It shall be prohibited for a police officer to commit
the following acts during peaceful assembly:
a. Obstructing, impeding, disrupting or otherwise
denying the exercise of the right to peaceful
assembly;
b. The unnecessary fi ring of fi rearms to disperse
the public assembly;
c. Acts in violation of Rule 25.5 hereof;
d. Acts described hereunder if committed within one
hundred (100) meters from the area of activity of
the public assembly;
(1) The carrying of a deadly or offensive weapon
or device such as fi rearm, pillbox, bomb,
and the like;
(2) The carrying of a bladed weapon;
(3) The malicious burning of any object in the
streets or thoroughfares;
(4) The carrying of fi rearms by CDM
contingents;
(5) The interfering with or intentionally

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disturbing the holding of a public assembly

by the use of a motor vehicle, its horns and
loud sound systems;
(6) The drinking of liquor or alcoholic beverages;
and
(7) Gambling of any kind. 2

Police Responses During Public Assembly

The following are the police responses during the
planning stage, initial and peaceful stage, confrontational
stage, violent stage and post operation stage:
a. During Planning Stage
1. Initiate dialogue with the leaders/organizers
to ensure the peaceful holding of a public
assembly, including among others, the detail
of police escorts.
2. Prepare appropriate security and CDM
contingency plans.
b. During Initial and Peaceful Stage
1. With Permit or Held in Freedom Parks/ Private
Properties
a. The PNP shall not interfere with the holding
of a public assembly. However, to adequately
ensure public safety, a CDM contingent,
under the control and supervision of a PCO
shall be stationed at least one hundred
(100) meters away from the area where the
public assembly is being held.
b. Monitor the activities at the public assembly
area and respond to any request for police
assistance.
2. Without Permit or Permit has been revoked
a. As soon as it becomes apparent that an
assembly is being held in a public place,
the Ground Commander shall immediately
conduct an inquiry whether the assembly

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is covered with a permit or not. If a permit

could not be shown, verification should
immediately be done with the Office of the
Mayor having jurisdiction over the place
where the public assembly is being held.
Should the Office of the Mayor confirm that
a permit has not been issued, the leaders/
organizers shall be informed of the fact that
they are violating the law and will be asked
to disperse peacefully.
b. The PNP shall exhaust all peaceful remedies
to persuade the demonstrators to disperse.
This may include the involvement of Local
Chief Executives / community leaders when
available to intervene in the situation so
that dispersal operations could be avoided.
c. Should negotiation fail and the
demonstrators refuse to disperse
voluntarily and peacefully, thereby causing
public inconvenience, CDM contingents
may commence dispersal operations.
d. During Breach of Peace/Confrontational
Stage (With or without permit)
No public assembly with a permit shall
be dispersed. However, when a public assembly
becomes violent, the CDM contingents may
disperse such public assembly in the following
manner:
1. At the first sign of impending violence, the
Ground Commander shall call the attention of
the leaders/ organizers of the public assembly
and ask the latter to prevent any possible
disturbance. CDM contingents shall hold the
line to prevent demonstrators from proceeding
to other areas where the holding of a public
assembly is prohibited.
2. If actual violence reaches a point where rocks
or other harmful objects from the participants
are thrown at the CDM contingents or the
nonparticipants, or at any property causing

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damage to it, the Ground Commander shall

audibly warn the participants that if the
disturbance persists, the public assembly will
be dispersed;
3. If the violence or disturbance does not stop,
the Ground Commander shall audibly issue
a warning to the participants of the public
assembly, and after allowing a reasonable
period of time to lapse, shall immediately order
it to disperse. With the use of CDM formations,
the rank of demonstrators shall be disbanded,
contained, and isolated from each other, and
should be prevented from regrouping.
4. Water cannons and riot sticks maybe used to
repel aggression and to disperse demonstrators
and reserve CDM contingents may be employed
when situation requires.
5. No arrest of any leader, organizer or participant
shall be made unless he violates a law, statute,
or ordinance during the assembly.
e. During Violent Stage
1. Non-lethal weapons and equipment may be
used to suppress violence, to protect lives and
prevent further damage to properties.
2. PNP security elements shall be tactically
deployed to provide immediate assistance to
the CDM contingents.
f. Post-Operation Stage
1. CDM contingents shall be withdrawn after the
area has been cleared of possible danger to
public safety.
2. Sufficient police force shall be maintained to
ensure peace and order in the area.

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Guidelines in the Use of Non-Lethal Weapons

a. Shield and Truncheon During the confrontational
stage, truncheon or baton may be utilized only
to push back demonstrators and not as an
instrument to strike individuals. However, when
demonstrators become aggressive, truncheon
shall be the principal non-lethal weapon for
dispersal. In such situation, CDM contingents
shall nonetheless, use the same with caution and
due diligence to avoid unnecessary injury.
b. Water Cannons Water cannons may be utilized
when demonstrators become unruly and
aggressive forcing troops to fall back to their
secondary positions.
c. Tear Gas Tear gas and pepper spray may be
utilized to break up formations or groupings of
demonstrations who continue to be aggressive
and who refuse to disperse despite earlier efforts.

Guidelines in dealing with Assemblies, Rallies,

Demonstrations and Marches
a. To ensure the protection, safety and welfare of the
public and demonstrators as well, the following
must be observed:
1. Confined Assemblies in Private Property
(Churches, Schools, etc.)
(a) Initiate the conduct of dialogue with the
leaders/ organizers.
(b) Secure and maintain order within the
perimeter.
2. Confined Assemblies in Freedom Parks
(a) Initiate the conduct of dialogue with the
leaders/ organizers.
(b) Request for the permit from the leaders/
organizers if the local ordinance of the area
requires one.

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(c) Secure and contain the area within the

limits of the permit to ensure the orderly
and peaceful conduct of the assembly.
3. Mobile Assemblies in a Private Area
(a) Initiate the conduct of dialogue with the
leaders/ organizers.
(b) Secure and maintain order within the
perimeter.
4. Marches and Motorcades along Public
Thoroughfares
(a) Initiate the conduct of dialogue with the
leaders/ organizers.
(b) Request for the permit from the leaders/
organizers if the local ordinance of the area
requires one.
(c) Ensure the orderly and peaceful conduct
of the marches and motorcades to ensure
public safety and to prevent compromise of
public convenience.
b. There shall always be a designated Ground
Commander at the rally site;
c. Apply slow dispersal technique whenever it is
applicable. Take the ground inch by inch. Ground
Commander shall refrain from using water cannon
and tear gas as much as possible; and
d. If necessary, provide a medical team to extend
assistance;
e. All CDM operations shall be properly documented
with video and photo coverage;
f. Respect for human rights and equal treatment
and protection for everybody shall be strictly
observed; and
g. PNP personnel shall observe maximum tolerance.

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Annex C

PNP OPERATIONAL PROCEDURES ON

CIVIL DISTURBANCE MANAGEMENT OPERATIONS
(Rule No. 26)

General Guidelines
The PNP units tasked to maintain peace and
order shall not interfere with the holding of public
assembly. To ensure public safety, a Civil Disturbance
Management (CDM) contingent under the command of
a Police Commissioned Officer (PCO) with the rank of
Police Senior Inspector or higher shall be detailed and
stationed at least 100 meters away from the place where
the public assembly is being held. In the absence of any
permit from the LGU concerned, the PCO in command
should exert effort in persuading the demonstrators to
disperse peacefully and vacate the public place.
In lightning rallies or demonstrations, the Ground
Commander shall exhaust efforts through dialogue with
the leaders/organizers for voluntary dispersal. In case
of failure, orderly dispersal to include apprehension of
those responsible is resorted to.

Specific Guidelines
When assistance is requested by the leaders/
organizers, it shall be imperative for the CDM contingent
to perform their duties while observing the rights of
demonstrators. Further, the members of the CDM
contingent dealing with the demonstrators shall be in
prescribed uniform.
a. The CDM contingent shall not carry any kind
of fi rearms but may be equipped with baton or
riot sticks, crash helmets with visor, gas masks,
boots or ankle-high shoes with shin guards.

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b. Tear gas, smoke grenades, water cannons, or any

similar anti-riot device shall not be used unless
the public assembly is attended by actual violence
or serious threats of violence, or deliberate
destruction of property. Maximum tolerance shall
always be observed.
c. The organization and membership of CDM
contingents, as well as their deployment and
employment, shall be in accordance with existing
PNP rules and regulations.

CDM Operational Tasks

a. Isolate the area;
b. Secure likely targets;
c. Control crowds;
d. Establish area control; and
e. Neutralize special threats.

CDM Operational Approaches

a. The commitment of a CDM contingent must be
viewed as a last resort. Their role, therefore,
should never be greater than what is necessary
under the circumstances. This does not mean
though that the number of troops employed
should be minimized. Doubts concerning the
number of troops required should normally be
resolved in favor of deployment of large number
since the presence of such large number may
prevent the development of situations in which
the use of excessive force would be necessary.
A large reserve of troops should be maintained
during civil disturbance operations.
b. In selecting an operational approach to a civil
disturbance situation, the Ground Commander
and his personnel must adhere to the “minimum
necessary force” principle.

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c. Efforts should be exerted to create the image of

a restrained and well-disciplined force, the sole
purpose of which is to assist in the restoration
of law and order. Further, while CDM contingent
should be visible, any activity which might
excite rather than calm should be avoided when
possible.
d. Consistent with the controlling principle “that
he must use the minimum necessary force to
accomplish his mission”, the Ground Commander
shall equip the CDM contingent only with rattan
stick/truncheon/baton, shield, Kevlar helmet
and handcuffs.
e. In situations requiring the use of baton/
truncheons should only target fleshy part of
the body such as arms, torso, legs, and thighs.
Hitting protesters with the baton or truncheon on
the head, face, neck, shoulders blades, elbows,
fingers, groins, knees, and ankles must be avoided
since strikes to these parts may cause serious to
permanent injuries, or even death.
f. Protesters that are arrested must be properly
restrained/handcuffed using scientific control
methods; and thereafter, brought safely to the
police station for processing. Arrested protesters
must not be kicked, punched, or dragged by hair
or feet.
g. Whenever appropriate, deploy properly trained
and equipped female CDM personnel as front-
liners.

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Annex D

PNP OPERATIONAL PROCEDURES ON

DEMOLITION AND EJECTMENT ORDERS
(Rule No. 27)

Role of the PNP in the Enforcement of a Demolition

and/ or Ejectment Orders
a. Police assistance in the enforcement or
implementation of a demolition or ejectment order
shall be granted only upon a written request of
the Sheriff or equivalent officer in quasi-judicial
and administrative bodies accompanied by a valid
order issued by a competent court, quasi-judicial
or administrative body and, when required, with
written permission from the Local Housing Board
in accordance with EO 708 amending EO 152 and
DILG Memo Circular No. 2008-143. The proponent
shall only be provided with police assistance upon
compliance with the requirements including the
requirements under Sections 27, 28, and 30 of
RA 7279 (Urban Development and Housing Act),
when applicable. Moreover, said police assistance
shall be coordinated with the concerned local
Chief Executive before its enforcement. In no
case shall a demolition involving informal settlers
be effected without a pre-demolition conference
being conducted between and among the parties
involved.
b. The conduct of pre-demolition conference in cases
where the affected families are informal settlers
shall be mandatory.
c. The duties of PNP personnel in any demolition
or ejectment activity shall be limited to the
maintenance of peace and order, protection of life
and property, and enforcement of laws and legal
orders.

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d. PNP personnel tasked to provide police assistance

shall be in prescribed uniform during the
actual demolition. They shall be limited only to
occupying the first line of law enforcement and
civil disturbance control; shall not participate in
the physical dismantling of any structure subject
of demolition; and shall use only necessary and
reasonable force.

Procedures in the Enforcement of a Demolition and/

or Ejectment Order
a. PNP personnel should be informed of the
prevailing situation, their tasks, and strict
observance of Human Rights.
b. As much as practicable, the Chief of Police
(COP) shall lead the PNP contingent detailed to
assist the Sheriff or equivalent officer during
the demolition/ejectment activity.
c. All PNP personnel involved shall desist from the
use of any unnecessary force or any act that
may harm, harass, or terrorize the affected
parties.
d. The mode of participation shall be limited to
the maintenance of peace and order during the
entire demolition/ejectment activity, ensuring
the protection of all parties from harm and
injury.
e. Tear gas, water cannon, and reasonable force
shall be used only when all other peaceful and
non-violent means have been exhausted.

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Annex E

PNP OPERATIONAL PROCEDURES ON

HOSTAGE SITUATION/BARRICADED SITUATIONS
(Rule No. 32)

The following steps shall be undertaken:

a. A Critical Incident Management Committee
shall be activated immediately; (PNP Standard
Operating Procedure No. ODO-2010-003
“Organization and Procedures of Critical Incident
Management Committee and Critical Incident
Management Task Group)
b. Incident scene shall be secured and isolated;
c. Identify and secure the stronghold;
d. As much as possible, ensure the control of
communication lines, and cut-off all other lines
as well as electricity and water supply to allow for
more bargaining;
e. Unauthorized persons shall not be allowed entry
and exit to the incident scene;
f. Witnesses’ names, addresses, and other
information shall be recorded;
g. Witnesses shall be directed to a safe location;
h. Evacuate all victims/injured persons immediately
when the opportunity permits;
i. The arrest of the perpetrator shall be the last
paramount concern; and
j. Conduct debriefi ng immediately after the
conclusion of the incident.

Ground Commander/On-Scene Commander

There shall be only one Ground Commander/On-
Scene Commander holding at least a senior rank and/

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or one (1) with experience in hostage/crisis situation

or relative training. Until such time that he offi cially
designates a spokesperson, he may issue appropriate
press statements and continue to perform the role of
the spokesperson.

Negotiators/ Negotiation Team

Negotiators shall be designated by the Ground
Commander. No one shall be allowed to talk to the
hostage taker without clearance from the negotiator
or Ground Commander. The Negotiation Team is
directly under control and supervision of the On-Scene
Commander.
Negotiation team structure will be as follows:
a. Negotiation Team Leader (NTL)/coordinator;
b. Primary Negotiator;
c. Secondary Negotiator;
d. Intelligence liason/recorder; and
e. Board Negotiator.

Assault Team
An assault team shall be alerted for deployment in
case the negotiation fails. Members of the assault team
shall wear authorized and easily recognizable uniform
during the conduct of the operation.

Support Personnel
An ambulance with medical crew and a fi re truck
shall be detailed at the incident area.

Plans
The On-Scene Commander shall, upon the
assessment of the situation, prepare necessary plans to
include but not limited to:

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a. Emergency Response Plan - depends on the

threat posed by the hostage-takers and need of
the Negotiation Team and On-Scene Commander.
b. Breakout Plan - possibility of breakout shall
be considered immediately upon drawing up
negotiation strategy. This should be considered
as one of the priority plans.
c. Delivery plan - in case the hostage-takers change
plans in the middle of the execution.
d. Surrender plan- should be drawn up in a way
that the hostages’ lives will not be jeopardized.
e. Hostage Reception/ Release - for security
reasons, released hostages should be contained
and isolated.
f. Collection plan - safety of the police personnel
involved is the priority consideration.

Coordination
Proper coordination with all participating elements
shall be done to consolidate efforts in solving the crisis.

Safety of Hostage(s)
In negotiating for the release of a hostage, the
safety of the hostage shall always be paramount.

Guidelines during Negotiations

A. Situation must be stabilized first and contained
before the start of the negotiation;
B. All relevant tools and information that can
strengthen a negotiator’s position and create a
favorable climate for a successful negotiation must
be prepared e.g. facts relevant to the situation,
financial and non-financial terms, issues and
concerns, etc;

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C. Do not introduce outsiders (non-law enforcement

officers) into the negotiation process, unless their
presence is extremely necessary in the solution
of the crisis. If so introduced, they shall be
properly advised on the do’s and don’ts of hostage
negotiations;
D. In case the negotiator breaks down or he/she finds
himself/herself in a deadlock, it is recommended
to employ the service of a mediator.
E. Police officers without proper training shall not
be allowed to participate in hostage negotiations.
F. Whatever the scale of an incident and the extent
of resources deployed, it is essential that proper
liaison exist between Tactical/Assault Team,
Technical Support Team and the Negotiation
Team.
G. All activities on the scene, even the delivery of food
to the stronghold, must have tactical coordination
with the NTL/Coordinator.

Negotiation through Mediator

a. The mediator will act as a referee, helping the
negotiators resolve their differences.
b. The mediator must be well-versed about the issues
in order to be able to eventually recommend an
effective solution.
c. The main object is to reconcile the object of the
negotiator with that of the other party.

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Annex F

PNP OPERATIONAL PROCEDURES ON

BOMB THREAT AND BOMB INCIDENT EMERGENCY
RESPONSE PROCEDURES
(Rule No. 34)

Bomb
A bomb is a container filled with explosive,
incendiary material, smoke, gas, or other destructive
substance, designed to explode. It can appear obvious or
concealed and can vary in size, shape or sophistication
and may not necessarily explode such as in the case
of incendiary and dirty bombs. It may be referred to as
Improvised Explosives Device (IED) or ordnance.

Bomb Threat
Bomb threat is either a written or verbal threat
communicated through electronic, oral or other means
that threatens to place or use an IED at a certain time,
date, or place against any specific person or place. The
First Responder (FR), the police investigator, and the
police detective must remember the following basic facts
on bomb threat:
a. A threat is considered only a threat until
something visible is found;
b. Determined bombers do not frequently give
warnings of a possible explosion/incendiary
attack;
c. Threats are an excellent way to disrupt
productivity without actually risking life, limb
and/or property; and d. The consequences of
conviction for “threatening” are not necessarily
as serious as those that could result from actual
placement/initiation of a bomb.

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First Responder’s Procedure on Bomb Threat

The following are the guidelines for FRs during a
bomb threat:
a. Upon receipt of the information:
1. Treat all threats as serious until proven
otherwise;
2. Determine the exact location of the
establishment under threat;
3. Assess or analyze the threat whether it is a
long term or a short-term threat;
4. Consider evacuation options as follows: (a)
Option 1 - Do Nothing
(b) Option2 - Search with partial evacuation
(c) Option 3 - Search and evacuation
(d) Option 4 - Evacuate immediately
5. Alert Explosives Ordnance Demolition
Team (EODT) for bomb search mission and
emergency readiness before going to the crime
scene;
6. Proceed immediately to the scene; and
7. Notify Higher Headquarters of any development.
b. Upon arrival at the scene:
1. Confi rm the reported bomb threat and notify
EODT on the need to conduct a bomb sweep;
2. Conduct or cause a search for suspicious
device/s together with persons familiar with
the location; and
3. Unless a bomb is found, personnel may not
order an evacuation of the affected area,
but may inform the person in-charge of
the property of the need to evacuate. The
following procedures shall be followed during
evacuation:
A. Evacuation and assembly point routes
must be searched to ensure that personnel

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are not unnecessarily exposed to danger

during the evacuation;
B. Designate a “safe” assembly area, well
away from the threatened structure, out of
line-of-sight of the building and well clear
of windows. A minimum distance of 150
meters is recommended;
C. Never assemble personnel in front of or
directly below glassed areas;
D. Advise employees and visitors to take
their personal belongings to eliminate
superfluous “suspicious objects” and to
reduce the number of items to be “checked
out”;
E. Select safe and climatically acceptable
assembly areas where evacuees may wait
for a considerable period;
F. Avoid car parks as assembly areas and be
mindful of the car bomb potential;
G. Install procedures to ensure that escape
routes are clear. Evacuation routes and
assembly areas must be searched before
evacuation;
H. Install procedures to ensure windows and
doors are left open and lights left on; and
I. Include a procedure for machinery shutdown.
This can include plant and equipment,
electronics, computer equipment, securing
files and correspondence.
4. If a suspected device is discovered, cause the
evacuation of people in the affected area to
a distance of at least 300 meters away, and
maintain security for the protection of life and
property:
A. Any discovered device shall be isolated;
B. Do not touch, tamper with or disarm any
suspected bomb or IED;

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C. Report discovery of suspected device;

D. Do not permit radio transmission within
the premises/building;
E. Turn off all electricity and gas units within
the premises/building;
F. Secure the area and prevent people from
approaching;
G. Establish traffic control;
H. Summon ambulance and fi re trucks to the
scene;
I. Await the arrival of bomb disposal team;
and
J. Notify Higher Headquarters of the situation.

First Responder’s Procedure in Case of Actual Bomb

Explosion
The following are guidelines for FRs during cases
of actual bomb explosions:
a. Upon receipt of the report:
1. Identify exact location of the incident;
2. Alert EOD teams and direct them to proceed to
the area;
3. Notify Higher Headquarters of the situation;
4. Request assistance of medical personnel; and
5. Proceed to the scene immediately.
Upon arrival at the scene:
1. Cause immediate evacuation of the injured;
2. Direct occupants of the establishment to evacuate;
3. Maintain order and control crowd;
4. Notify Higher Headquarters of the situation;
5. Seal off location until EOD Team determines if a
secondary device exists;

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6. Conduct rescue operations at the scene when

necessary;
7. Initiate immediate investigation if investigators
have not yet arrived and determine the following:
A. Time of detonation/explosion;
B. Time when the call for bomb threat was
received; and
C. Type of device.
8. Submit incident report immediately; and
9. Avoid issuing “speculative” press releases or
statements.

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REFERENCES

Published/Unpublished Materials
Arana, S. T. (2013). Guide to Effective Barangay
Administration. Wiseman’s Books Trading, Inc.,
Quezon City, Philippines.
Basic Principles on the Use of Restorative Justice
Programmes in Criminal Matters. ECOSOC Res.
2000/14, U.N. Doc. E/2000/INF/2/Add. 2 at 35
(2000).
CADP (2009). Restorative Justice Moves Beyond
Punishment: A Soruce Book on Restorative Justice.
CBCP Philippines
Executive Order 292, s. 1987. Official Gazette of the
Philippines. www.gov.ph
Foronda, M. (2008). Correctional Administration (Textbook
in Criminology). First Edition. Wiseman’s Books
Trading, Inc. Quezon City, Philippines.
Guevarra, R. M. (2014). Human Behavior and Crisis
Management. Wiseman’s Books Trading, Inc.,
Quezon City, Philippines.
Law Enforcement & Public Safety Academy. (2018).
Training Modules on Security & Resiliency
Management. Quezon City, Philippines
Law Enforcement & Public Safety Academy. Training
Modules. (2018). Training Modules on Terrorism
Studies. Quezon City, Philippines
Manwong, Rommel K. Corrections and Restorative
Justice. (2014). Wiseman’s Books Trading Inc.,
Manwong, R.K. and Foronda, M.A. (2009). Criminal
Justice System. Wiseman’s Books Trading Inc.,
Quezon City, Philippines.

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National Disaster Risk Reduction and Management

Council Memorandum Circular No. 4, s. 2012
OCD. NDRRMC. ICS Student Workbook. Camp Genreral
Emilio Aguinaldo, Quezon City.
Reyes, JA C. & Reyes, MA C. (2017). Disaster Readiness
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