Dispute Resolution and Crises Management 2

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Dispute Resolution and Crises/Incident Management

By: Princess Alyssa D. Tee, MSCrim

Course Description:
This Course deals with the study of the process of dealing and resolving conflicts/disputes
resolution and crises management. It includes the art of intervention through mediation and
reconciliation of disagreements between stakeholder’s agencies. Likewise, the course includes
handling of crises that the criminal justice personnel are commonly encountered.

Moreover, the study significantly provides mechanisms on how to adopt strategies in dealing
with potential and actual crises which are being addressed by concerned agencies and
authorities from law enforcement, correction and communities.

What are the Conflict Resolution Strategies?


- Kenneth Thomas and Ralph Kilmann developed five conflict resolution strategies that people
use to handle conflict, including avoiding, defeating, compromising, accommodating, and
collaborating.
1. 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.
2. Competing -is used by people who go into a conflict planning to win. They’re assertive and
not cooperative. 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.
3. 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 figure 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.
4. 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.
5. 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.”

Republic Act No. 9285


AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE
RESOLUTION SYSTEM IN THE PHILIPPINES AND TO ESTABLISH THE OFFICE
FOR ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES
Definition of Terms
(a) "Alternative Dispute Resolution System" means any process or procedure used to resolve a
dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of
a government agency, as defined in this Act, in which a neutral third party participates to assist
in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral
evaluation, mini-trial, or any combination thereof;
(b) "ADR Provider" means institutions or persons accredited as mediator, conciliator, arbitrator,
neutral evaluator, or any person exercising similar functions in any Alternative Dispute
Resolution system. This is without prejudice to the rights of the parties to choose nonaccredited
individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute.
Whenever reffered to in this Act, the term "ADR practitioners" shall refer to individuals acting as
mediator, conciliator, and arbitrator or neutral evaluator;
(c) "Authenticate" means to sign, execute or 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;
(d) "Arbitration" means a voluntary dispute resolution process in which one or more arbitrators,
appointed in accordance with the agreement of the parties, or rules promulgated pursuant to this
Act, resolve a dispute by rendering an award;(e) "Arbitrator" means the person appointed to
render an award, alone or with others, in a
dispute that is the subject of an arbitration agreement;
(f) "Award" means any partial or final decision by an arbitrator in resolving the issue in a
controversy;
(g) "Commercial Arbitration" An arbitration is "commercial if it covers matter arising from all
relationships of a commercial nature, whether contractual or not;
(h) "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 (1) communication, oral or written, made in a dispute resolution
proceedings, including any memoranda, notes or work product of the neutral party or non-party
participant, as defined in this Act; (2) an oral or written statement made or which occurs during
mediation or for purposes of considering, conducting, participating, initiating, continuing of
reconvening mediation or retaining a mediator; and (3) pleadings, motions manifestations,
witness statements, reports filed or submitted in an arbitration or for expert evaluation;
(i) "Convention Award" means a foreign arbitral award made in a Convention State;
(j) "Convention State" means a State that is a member of the New York Convention;
(k) "Court" as referred to in Article 6 of the Model Law shall mean a Regional Trial Court;
(l) "Court-Annexed Mediation" means any mediation process conducted under the auspices of
the court, after such court has acquired jurisdiction of the dispute;
(m) "Court-Referred Mediation" means mediation ordered by a court to be conducted in
accordance with the Agreement of the Parties when as action is prematurely commenced in
violation of such agreement;
(n) "Early Neutral Evaluation" means an ADR process wherein parties and their lawyers are
brought together early in a pre-trial phase to present summaries of their cases and receive a
nonbinding assessment by an experienced, neutral person, with expertise in the subject in the
substance of the dispute;
(o) "Government Agency" means any government entity, office or officer, other than a court,
that is vested by law with quasi-judicial power to resolve or adjudicate dispute involving the
government, its agencies and instrumentalities, or private persons;
(p) "International Party" shall mean an entity whose place of business is outside the
Philippines. It shall not include a domestic subsidiary of such international party or a coverture in
a joint venture with a party which has its place of business in the Philippines.
The term foreigner arbitrator shall mean a person who is not a national of the Philippines.
(q) "Mediation" means 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.
(r) "Mediator" means a person who conducts mediation;
(s) "Mediation Party" means a person who participates in mediation and whose consent is
necessary to resolve the dispute;
(t) "Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving both
mediation and arbitration;
(u) "Mini-Trial" means a structured dispute resolution method in which the merits of a case are
argued before a panel comprising senior decision makers with or without the presence of a
neutral third person after which the parties seek a negotiated settlement;(v) "Model Law" means
the Model Law on International Commercial Arbitration adopted by the
United Nations Commission on International Trade Law on 21 June 1985;
(w) "New York Convention" means 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;
(x) "Non-Convention Award" means a foreign arbitral award made in a State which is not a
Convention State;
(y) "Non-Convention State" means a State that is not a member of the New York Convention.
(z) "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;
(aa) "Proceeding" means a judicial, administrative, or other adjudicative process, including
related pre-hearing motions, conferences and discovery;
(bb) "Record" means an information written on a tangible medium or stored in an electronic or
other similar medium, retrievable form; and
(cc) "Roster" means a list of persons qualified to provide ADR services as neutrals or to serve as
arbitrators.

MEDIATION
- In applying construing the provisions of this Chapter, consideration must be given to the need
to promote candor or parties and mediators through confidentiality of the mediation process, the
policy of fostering prompt, economical, and amicable resolution of disputes in accordance with
the principles of integrity of determination by the parties, and the policy that the decision-making
authority in the mediation process rests with the parties.

Confidentiality of Information

(a) Information obtained through mediation shall be privileged and confidential.


(b) A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any
other person from disclosing a mediation communication.
(c) Confidential Information shall not be subject to discovery and shall be inadmissible if 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 mediation.
(d) 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 mediation:
(1) the parties to the dispute; (2) the mediator or mediators; (3) the counsel for the parties; (4) the
nonparty participants; (5) any persons hired or engaged in connection with the mediation as
secretary, stenographer, clerk or assistant; and (6) any other person who obtains or possesses
confidential information by reason of his/her profession.
(e) The protections of this Act shall continue to apply even of a mediator is found to have failed
to act impartially.
(f) a mediator may not be called to testify to provide information gathered in mediation. A
mediator who is wrongfully subpoenaed shall be reimbursed the full cost of his attorney's fees
and related expenses.

Waiver of Confidentiality
- 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.- A privilege arising from
the confidentiality of information may likewise be waived by a
nonparty participant if the information is provided by such nonparty participant.
- A person who discloses confidential information shall be precluded from asserting the
privilege under Section 9 of this Chapter 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 damages in a judicial proceeding against the person who made the
disclosure.
- A person who discloses or makes a representation about a mediation is preclude from
asserting the privilege under Section 9, 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 of disclosure.

Prohibited Mediator Reports


- 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
make a ruling on a dispute that is the subject of a mediation, except:

Participation in Mediation
- Except as otherwise provided in this Act, a party may designate a lawyer or any other
person to provide assistance in the mediation. A lawyer 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

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.

INTERNATIONAL COMMERCIAL ARBITRATION


Adoption of the Model Law on International Commercial Arbitration
- International commercial arbitration shall be governed by the Model Law on International
Commercial Arbitration (the "Model Law") adopted by the United Nations Commission on
International Trade Law on June 21, 1985.

Commercial Arbitration
- Arbitration is "commercial" if it covers matters arising from all relationships of a commercial
nature, whether contractual or not. Relationships of a transactions: 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.

Legal Representation in International Arbitration


In international arbitration conducted in the Philippines, a party may be presented by any person
of his choice. Provided, that such representative, unless admitted to the practice of law in the
Philippines, shall not be authorized to appear as counsel in any Philippine court, or any other
quasi-judicial body whether or not such appearance is in relation to the arbitration in which he
appears.

Confidential of Arbitration Proceedings


The arbitration proceedings, including the records, evidence and the arbitral award, shall
be considered confidential and shall not be published except (1) with the consent of the parties,
or (2) for the limited purpose of disclosing to the court of relevant documents in cases where
resort to the court is allowed herein. Provided, however, that the court in which the action or the
appeal is pending may issue a protective order to prevent or prohibit disclosure of documents or
information containing secret processes, developments, research and other information where it
is shown that the applicant shall be materially prejudiced by an authorized disclosure thereof.

Appointing Authority.
"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 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 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 duly authorized representative.

DOMESTIC ARBITRATION
- Domestic arbitration shall continue to be governed by Republic Act No. 876, otherwise known
as "The Arbitration Law" as amended by this Chapter. The term "domestic arbitration" as used
herein shall mean an arbitration that is not international as defined in Article (3) of the Model
Law.
- Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of
the Model Law and Section 22 to 31 of the preceding Chapter 4 shall apply to domestic
arbitration.

CIRCULAR NO. 14-93 July 15, 1993


GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION
PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED
KATARUNGANG PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII, TITLE
I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS THE LOCAL GOVERNMENT
CODE OF 1991).

The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the local
Government Code of 1991, effective on January 1, 1992, and which repealed P.D. 1508,
introduced substantial changes not only in the authority granted to the Lupong Tagapamayapa
but also in the procedure to be observed in the settlement of disputes within the authority of the
Lupon.
In order that the laudable purpose of the law may not be subverted and its effectiveness
undermined by indiscriminate, improper and/or premature issuance of certifications to file
actions in court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat Chairmen,
respectively, the following guidelines are hereby issued for the information of trial court judges
in cases brought before them coming from the Barangays:

I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay Law (formerly P.D. 1508, repealed and now replaced by Secs. 399-422, Chapter
VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local
Government Code of 1991), and prior recourse thereto is a pre-condition before filing a
complaint in court or any government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions;
3. Where the dispute involves real properties located in different cities and municipalities, unless
the parties thereto agree to submit their difference to amicable settlement by an appropriate
Lupon;
4. Any complaint by or against corporations, partnership or juridical entities, since only
individuals shall be parties to Barangay conciliation proceedings either as complainants or
respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
5. 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;6. Offenses for which
the law prescribes a maximum penalty of imprisonment exceeding one (1)
year or a fine over five thousand pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice from being committed or
further continued, specifically the following:
a. Criminal cases where accused is under police custody or detention (see Sec. 412 (b) (1),
Revised Katarungang Pambarangay Law);
b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another
or a person illegally deprived or on acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support during the pendency of the action; and
d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sec. 46 &
47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee relations (Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and
exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to
certain offices of the Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which may be filed directly in court (See
Sanchez vs. Tupaz, 158 SCRA 459).

WHAT IS RESTORATIVE JUSTICE?


- Restorative Justice is a process through which remorseful offenders accept responsibility
for their misconduct, particularly to their victims and to the community.
- It creates obligation to make things right through proactive involvement of victims,
ownership of the offender of the crime and the community in search for solutions which
promote repair, reconciliation and reassurance.
- Thus, the restorative justice process is actively participated in by the victim, the offender,
and/or any individual or community member affected by the crime to resolve conflicts
resulting from the criminal offense, often with the help of a fair and impartial third party.
- Examples of restorative process include mediation, conferencing, sentencing/support
circle and the like.
- The restorative outcome is the agreement obtained as a product of a restorative justice
process. Examples of restorative outcomes include restitution, community work service
and any other program or response designed to accomplish reparation of the victim, and
the reintegration of the victims and/or offenders.

HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?


- The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a
member-country, through a draft resolution, recommended to the Economic and Social
Council of the United Nations Organization (UNO), the adoption of the “Basic Principles
on the Use of Restorative Justice Programmes in Criminal Matters”. The said document
is a formulation of UN Standard in the field of mediation and restorative justice. The
Philippines, being a signatory member-country should ensure adoption of this resolution.
- Consequently, the goal of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the
incidence of recidivism. This is in line with the applicable laws, rules, and policies
mandating this Agency to administer the Parole and Probation System in the country. As
such, the Parole and Probation Administration (PPA) is empowered to create innovativepolicies,
programs, and activities to facilitate the reintegration of its clientele into the
mainstream of society and consequently prevent the commission of crime. Therefore,
PPA adopts Restorative Justice as one of its rehabilitation programs which utilizes
restorative processes and aims to achieve restorative outcomes.

WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION


PROGRAM OF PPA?
1. Reintegration of the offenders to the social mainstream and encouraging them to assume
active responsibility for the injuries inflicted to the victims;
2. Proactive involvement of the community to support and assist in the rehabilitation of
victims and offenders;
3. Attention to the needs of the victims, survivors and other persons affected by the crime as
participating stakeholders in the criminal justice system, rather than mere objects or
passive recipients of services of intervention that may be unwanted, inappropriate or
ineffective;
4. Healing the effects of the crime or wrongdoing suffered by the respective stakeholders;
and
5. Prevention of further commission of crime and delinquency.

HOW IS RESTORATIVE JUSTICE IMPLEMENTED?


A. During the Investigation Stage
- Information such as victims’ version of the offense, effect of victimization to their lives,
families, future, and plans, and victims’ appreciation on how the damage/harm inflicted
by the crime can be repaired and healed are gathered to serve as input in the post
sentence investigation (PSI) or pre-parole/executive clemency investigation (PPI) reports
prepared by the investigating officer to be submitted to the Court and the Board of
Pardons and Parole, respectively. These data are vital in the conduct of restorative justice
processes during the supervision phase.
- Soliciting stakeholders’ interest for their introduction to the restorative process
commences during this stage.
B. During the Supervision Stage
- Restorative Justice Program is a part of the rehabilitation of the client which is
incorporated in the client’s Supervision Treatment Plan (STP). In applying the various
restorative justice processes for the client’s rehabilitation, the supervising officer
observes the following points:
- The parties are brought within the program out of their own volition. Parties have the
right to seek legal advice before and after the restorative justice process;
- Before agreeing to participate in the restorative justice process, the parties are fully
informed of their rights, the nature of the process, and the possible consequences of their
decision;
- Neither the victim nor the offender is induced by unfair means to participate in restorative
justice processes or outcomes;
- Discussion in restorative justice processes should be highly confidential and should not
be disclosed subsequently, except with the consent of the parties, and should not be used
against the parties involved;
- Where no agreement can be made between the parties, the case is withdrawn from the
restorative justice process; and
- In the event agreement is reached by parties, it is put in writing to give substance/essence
to the agreement. The failure to implement any provision of the agreement made in the
course of the restorative justice process is a basis for the withdrawal of the case from the
program.

WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?
- Probation and Parole Officer assigned to handle investigation and supervision caseloads
acts as restorative justice planner. As such, he/she undertakes the following
responsibilities:1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO)
potential
case for Peacemaking Encounter;
2. Conducts dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and leaders of community for their
participation in the conference;
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares casenotes reflective of restorative justice values and utilizing the following
points:
7. Impact of crime and effect of victimization
8. Victim inputs and involvement opportunities
9. Offender opportunity to take direct responsibility for the harm inflicted on the victim
and/or the community.
- A CPPO engages in the following responsibilities:
1. Approves cases for Peace Encounter Conference and issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference and sets
direction to realize success of the process.

WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN APPLYING


THE RESTORATIVE JUSTICE PROCESSES TO RESOLVE CONFLICTS ARISING
FROM THE CRIMINAL OFFENSE?
- The clients must admit the offense to be eligible for the conference, and if possible, they
should be encouraged to take full responsibility;
- A personal visit by the Restorative Justice planner may be necessary to solicit interest and
willingness of stakeholders to participate in the restorative process;
- The victims’ preference for the time, date and place of the meeting should be given
greatest weight;
- Restorative Justice planners should also get in touch with community strengths to serve
as facilitator like local officials, members of the Lupon Tagapamayapa or any responsible
and respected personalities in the locality;
- A pre-conference meeting with the selected facilitators prior to the actual conduct of
peace encounter conference should be set to carefully plan for all the details, from the
sitting arrangements and refreshments to the box of tissue papers which incidentally
would let participants know that display of emotions is okay;
- A pre-conference meeting could likewise be arranged separately with individual
stakeholders to explain the process and other vital details of the conference;
- The Restorative Justice planner should ensure that everyone knows how to get to the
location site of the conference;
- Facilitators should ensure that the conference shall be conducted without interruption in a
comfortable location and shall secure the safety of all stakeholders;
- Stakeholders shall also be consulted relative to the composition of the panel of
facilitators. Any party may move to oppose the inclusion of persons by reason of
relationship, bias, interest or other similar grounds that may adversely affect the process;
and
- Indigenous system of settling differences or disputes shall accordingly be recognized and
utilized to conform with the customs and tradition of that particular cultural community.

WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN


PPA?
- Peacemaking Encounter is a community-based gathering that brings the victim, the
victimized community, and the offender together. It supports the healing process of the
victims by providing a safe and controlled setting for them to meet and speak with the
offender on a confidential and strictly voluntary basis. It also allows the offender to learn
about the impact of the crime to the victim and his/her family, and to take direct
responsibility for his/her behavior. Likewise, it provides a chance for the victim and the
offender to forge a mutually acceptable plan that addresses the harm caused by the crime.
- As a community-based decision model, the Agency Peacemaking Encounter is being
implemented through the following processes:1. Victim/Offender Mediation – a process that
provides an interested victim an opportunity
to meet face-to-face his/her offender in a secured and structured setting or atmosphere,
with the help of a trained mediator, and engage in a discussion of the past offense and its
impact to his/her life. Its goal is to support the healing process of the victim and allow the
offender to learn the impact of his/her offense on the victim’s physical, emotional and
financial existence, and take direct responsibility for his/her behavior by mutually
developing a Restorative Justice plan that addresses the harm caused by the said offense.
2. Conferencing – a process which involves community of people most affected by the
crime – the victim and the offender and their families, the affected community members
and trained facilitators and community strength – in a restorative discussion of issues and
problems arising from an offense or coincidence which affects community relationship
and tranquillity. Facilitated by a trained facilitator, the above parties are gathered at their
own volition to discuss how they and others have been harmed by the offense or conflict,
and how that harm may be repaired and broken relationship may be restored.
3. Circle of Support – a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAs) and selected
members of the community in the discussion of the offense and its impact. Within the
circle, people freely speak from the heart in a shared search for understanding the
incident, and together identify the steps necessary to assist in the reconciliation and
healing of all affected parties and prevent future crime or conflict.
- In the Agency, the circle of support is facilitated by trained Probation and Parole
Officers, Volunteer Probation Aides or selected community leaders who offered their
services free of charge to serve as facilitator or keeper.
- In implementing this process, the probation and parole officer should be the facilitator
who is sensitive to the needs of the victim. Likewise, the probation and parole officer
should exert effort to protect the safety and interest of the victim.
WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED
UPON DURING THE RESTORATIVE JUSTICE PROCESS?
- As a result of the restorative justice process, the following outcomes or interventions may
be agreed upon by parties in a Restorative Justice discussion, such as, but not limited to:
A. Restitution
Restitution is a process upon which the offender accepts accountability for the financial and/or
non-financial losses he/she may have caused to the victim. Restitution is a “core” victim’s right
which is very crucial in assisting the redirection of the victim’s life. Part of the conditions of
probation as imposed by the Court is the payment of civil liability to indemnify the victim of the
offender, and to inculcate to the offender a sense of responsibility and obligation towards the
community. Consequently, the probation and parole officer should see to it that the offender
complies with this condition.
B. Community Work Service
Community Work Service, whether imposed as a condition of offender’s conditional liberty or
integral part of his treatment plan, should be purposely motivated to make the offender realize
that he/she incurred an obligation to make things right. In its application, the offender can be
subjected to perform work service measures, including, but not limited to any of the following:
1. Mentoring and Intergenerational Service – offenders will develop their nurturing needs
thru caring for other people; example: with senior citizens, with orphanages, or with
street children.
2. Economic Development – to link directly with the business project; examples: cleaning
downtown area, tree planting, maintenance of business zones, housing restoration,
garbage and waste management, cleaning of esteros, recycling, construction, repair of
streets, and the like.
3. Citizenship and Civic participation-experiential activities which involve solving
community problems; examples: puppet shows that showcase values, street dramas, peer
counseling.
4. Helping the Disadvantaged – this will enhance offender’s self-esteem; examples: assist
handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.
5. Crime Prevention Project – examples: Brgy. Ronda, giving testimony to the youth.6. The
probation and parole officer should ensure the adoption of these community work
services to facilitate the reintegration of the offender in the community.
C. Counseling (whether individual, group or family)
- It will enhance client’s interpersonal relationship and it will help him/her become more
aware of his/her shortcomings/weaknesses. This will also help him/her overcome painful
experiences that drove him/her to commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session
- An intervention which provides recovering drug dependents or those with serious
behavioral problems an opportunity to discuss their problems.
G. Spiritual development session/faith-based session
H. Submission to psychological/psychiatric assessment
I . Submission to drug test/drug dependency examination
J. Attendance to skills training/livelihood assistance program
K. Marital enhancement program
L. Written or oral apology
M. Submission to family therapy session
- This session aims to develop healthy personal relationship within the family and to
establish open positive communication between family members and significant others.
Family members should be oriented in their individual responsibilities and roles.
N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare
Crises and Incident Management
- Crisis - Greek word krises, “to separate”.
- Crisis - turning point in the progress of an affair or series of events.
- Management – Italian maneggiare, “to handle”, especially “to control a horse”, Latin
manus, “hand”.
- Management - process of directing and controlling people and things so that
organizational objectives can be accomplished
Crisis management
- Is the process by which an organization deals with a disruptive and unexpected event that
threatens to harm the organization or its stakeholders. The study of crisis management
originated with large-scale industrial and environmental disasters in the 1980s. It is
considered to be the most important process in public relations.
Three elements are common to a crisis:
(a) A threat to the organization,
(b) The element of surprise, and
(c) a short decision time. Venette argues that "crisis is a process of transformation where the old
system can no longer be maintained". Therefore, the fourth defining quality is the need for
change. If change is not needed, the event could more accurately be described as a failure or
incident.
OBJECTIVES OF CRISIS MANAGEMENT
1. Accomplish the task within the framework of current community standards.
2. Safety of all participants.
3. Apprehension of all perpetrators.
4. Resolve crisis without further incident.
GENERAL TASKING
Peace and Order Council/National Peace and Order Council
- agency under the DILG
- act on the crisis situation that arises out of man-made emergencies
AMENDING EXECUTIVE ORDER NO. 309, S. 1987, ENTITLED “REORGANIZING
THE PEACE AND ORDER COUNCIL,” AS AMENDED BY EXECUTIVE ORDER NO.
317, S. 1988
Sec. 1 of Executive Order No. 309 is further amended to read as follows:
“Sec. 1 Reorganization of the Peace and Order Council. The Peace and Order Council is hereby
reorganized on the national, regional, provincial, city and municipal levels of government to be
constituted as follows:
(a) The National Peace and Order Council (NPOC) shall be composed of the following:
- The Secretary of Local Government as Chairman
- The Secretary of National Defense as Vice Chairman;
- The Secretary of Justice;
- The Secretary of Social Welfare and Development;
- The Secretary of Public Works and Highways;
- The Secretary of Trade and Industry;
- The Press Secretary;
- The Director of the National Security Council;
- The Chairman of the National Peace Commission;
- The Director of the National Bureau of Investigation;
- The Chairman of the National Police Commission- The Chairman of the Commission on
Human Rights;
- The Executive Director of the Dangerous Drugs Board;
- The AFP Chief of Staff;
- The PNP Chief; and
- Eight (8) representatives from the private sector who shall be appointed by the Chairman,
representing the academic, civic, religious, youth, labor, legal, business and media
organizations
NATIONAL DISASTER AND RISK REDUCTION COUNCIL (NDRRMC)
- Former National Disaster Coordinating Council (NDCC)
- Created October 19, 1970
- under the Department of National Defense
- responsible for ensuring the protection and welfare of the people during disasters or
emergencies
- located in Camp Aguinaldo, EDSA cor. Boni Serrano, Q.C.
THE 4P OF CRISIS MANAGEMENT MODEL
1. Prediction
2. Prevention
3. Preparation
4. Performance
PHASES OF CRISIS MANAGEMENT
1. Pro – Active Phase
- predict or prevent the probability of occurrence of crises
- prepare to handle them when crisis occur
a. Prediction
- foretelling the likelihood of crises occurring whether natural or man-made
b. Prevention – involves the institutions of passive and active security measures, as well as the
remedy of resolution of destabilizing factors and/or security flaws leading to such
crises/emergencies.
c. Preparation – planning, organization, training, and stockpiling of equipment and supplies
2. Reactive Phase
- actual execution or implementation of contingency plan when a crisis situation occurs
Stages:
a. Initial Action – monitoring the progress of the incident, securing the scene, protecting the
unit, establishing perimeter security, evaluating innocent civilians, if possible, and preventing the
escape of the perpetrators, until the designated security and tactical elements/units augment the
unit as they arrive.
b. Action – negotiation and tactical action or interventions
c. Post Action – begins as soon as the perpetrators surrender, captured or neutralized and the
crisis situation is deemed cleared
HOSTAGE NEGOTIATION AND RECOVERY
Definition of Terms:
1. Hostage taker – person who holds other people as hostage
2. Hostage – person held as security for the hostage taker
3. Negotiator – person charged with establishing communication with the hostage taker(s)
4. Negotiate – to arrange or settle by conferring or discussion
PRIORITIES IN HOSTAGE TAKING
1. Preservation of everyone’s life; the hostage, hostage taker and the public;
2. Arrest the hostage taker; and
3. Recover and protect property.PRINCIPLES OF HOSTAGE NEGOTIATION AND
RECOVERY
- The hostage has no value to the taker. His only value is a tool to get what the hostage
taker wants, not from the hostage, but from the authorities.
- For a hostage situation not to go violent, the negotiator must consider the interest of the
hostage taker, as well as the authorities. In case it goes violent, the authorities must
always come out the victor.
- Priorities in a hostage situation are preservation of life, the apprehension of the hostage
taker(s) and recovery and protection of property.
- To successfully negotiate, there must be a need to live on the part of the hostage taker
because a hostage taker who is bent on killing himself is a non-negotiable case. If he is
not bent on killing himself, his intent therefore is to free the hostage and not to harm him.

TYPES OF HOSTAGE TAKER


Terrorists
- uses force to achieve a political end
- intimidate or coerce a government, individuals or groups to modify their behavior or policies
- ideologically – inspired individuals or groups who want prestige and power for a collective
goal or higher cause
- Under a leader of the group.
- claiming to be revolutionaries, they resolve to die for a cause
Mentally–deranged
- These people commit terrorist acts during a period of psychiatric disturbance like delusion or
hallucination.
Severe Depression
- He suffers an intense feeling of sadness and misery, which are unwarranted by his
physical condition and external environment.
Personality Disorder (anti-social)
- He is characterized by continuing violation of the rights of others through aggressive harmful
behavior without remorse or loyalty to anyone.
Sociopathic Personality
- He is sociable, easy-going and carefree but bereft of conscience and impulsive.
Paranoid
- He is characterized by suspicious, rigidity, envy, hypersensitivity, excessive self-importance.

NEGOTIATORS shall be designated by the GROUND COMMANDER. No one shall be


allowed to talk to the HOSTAGE-TAKER/S without clearance from the NEGOTIATOR or
ground commander. (Rule 26, Section 3 of the 2010 PNP Operational Procedure).
THE VICTIM (Captivity of Hostages)
- One of the notable inquiries revealed a startling result. The case which happened in
Stockholm, Sweden, involved female hostages who were held, together with the robbers,
in a vault for several days. It has been observed that there has been a change of values-set
on the part of hostages after their release; they expressed strong attachment to their
captors, to the point of not testifying against them.
Syndromes in hostage negotiations
1. Stockholm syndrome – This term is used to describe a paradoxical psychological
phenomenon wherein hostages express adulation and have a positive feeling towards their
captors that appear irrational in light of the danger or risk endured by the victim.
(Stockholm Syndrome was coined by Nils Bejerot)
2. Lima Syndrome – An inverse of Stockholm Syndrome called “Lima Syndrome” has been
proposed, in which abductors develop sympathy for their hostages. (it was named after the
abduction of Japanese Embassy in Lima Peru in 1996)
3. London Syndrome – one or more hostages respond to captors with belligerence and non-
cooperation.

TO KNOW:
a. All units to know whose command they are under:
b. Rescue effort should run from top to bottom;
c. There should be no flights of imagination and daring actions from individual members
1. Several negotiators should be trained – with knowledge of different dialects or each of the
major dialects of the Philippines. The group to train in various locations of the place (city, town
etc.) on probable site of incidents, routes and place of destinations (air terminals to attune them
on various situations).
2. Psychology – analyze various situations and develop strategies using psychological technique
rather than to obtain release of hostages. Point of training is to provide basis for understanding
and anticipating hostage takers’ moves, as well as possible reactions to police tactics. Example:
House – location of the site of incident; negotiator after having agreed with hostage taker to
negotiate face-to-face, may shout, “I am coming to see you there.” He does come with bullet
proof vest slowly delayed (with some stealthily and slowly climbing the house to grab and
apprehend hostage. The lone hostage will surely be trying to witness the approaching negotiator,
to see if armed, etc.
Example: A hostage taker demands to talk and hold conference with media-men for publicity.
Granted request with all participants coming with ID and dressed in uniform of major
newspapers (some participants coming from authorities to apprehend him, right coming out from
the door or at the site of conference room).
3. Physical Training – physical conditioning, weapon disarming method and unarmed self
defense.
4. Firearms - .38 and .45 caliber; sniper scope rifle; shotgun (double barrel); sub-machine gun;
tear gas launcher with bullet proof vest.
5. Electronic Equipment – familiarization with the use of monophony, wireless transmitter,
electric tracking devices, walkie-talkie, etc.
6. Emergency Rescue Ambulance – how to use or operate auxiliary equipment’s; public
address system; fire unit; first aid 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 locations in the site of incidents to destination (airport or other terminals).
8. Liaison – jurisdiction matters cleared; cooperation with other agencies routes must be sought.
Upon arrival at the scene of the incident the negotiator should execute/act immediately the
following.
1. Containment – controlling situation and area by people involved. Other people/by
standers must be obliged to get out from the area as 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 all. So that
he may ask for impossible demand.
- Neither should the negotiator give the feeling that he has the authority to decide.
Do not bluff. Deal only with the leader to avoid complication and further demand.
3. Time Lengthening – give more time to the police to 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. Do not tell that you are the commander, neither your rank.
Use delaying tactics to wear down the hostage taker(s), physically and psychologically. Give
time for the police to organize and coordinate plans or course of action.
Where the demand is impossible to get, stall time by explaining that you still need to talk to 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. When there is no
demand, hostage taker may really have no demand at all.
5. Need of face-to-face – Don’t be over anxious, prepare for proper psychological, physical and
emotional confrontation. Wear body armor, possess a weapon, but if asks to come without
weapon, ensure that they too should lay down arms before entering. In 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 up 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 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.

WHY THE COMMANDER SHOULD NOT BE THE NEGOTIATOR:


1. Hostage taker will have sense of importance.
2. He may make impossible demands, knowing that he is dealing with the commander.
3. Conflict of Commander as negotiator and commander.
4. As a cardinal rule, commander do not negotiate, negotiator do not command.

ADVANTAGES OF COMMUNICATION (between the hostage taker and the negotiator)


1. Lessens tension of hostage taker(s).
2. Gives more time for authorities to plan and coordinate course of action.

DISADVANTAGE OF TELEPHONE CONVERSATION


1. Impersonal – cannot see the hostage reaction.
SURRENDER APPROACH
1. Start with a positive approach. Act as if the hostage taker will surrender;
2. Don’t talk too much;
3. Ask why hostage taker is reluctant – assure him of security;
4. Make sure hostage taker understands;
5. Gradually ask him to surrender;
6. Don’t impose; never go to him at once.

WHAT ARE NON-NEGOTIABLE ITEMS?


Weapons
Ammunitions

HOSTAGE TAKER – NEGOTIATOR RELATIONSHIP


1. Trust and Rapport
- While trust must be there, beware of it.
2. Deceit
- tell lies but do not be caught.

DEMAND OF HOSTAGE TAKER(S):


- Money
- Containing people
- Escape- Vehicle

RULES:
1. Delay, impress with the hostage taker(s) that even simple demands are hard to get; that
you need to talk with the commander or other people, etc;
2. Get something in return for every concession granted, like aged, sick and youngster
hostages;
3. Don’t give concession at once; it will be interpreted that you could be gotten easily.

FACE-TO-FACE NEGOTIATION
1. Don’t be over anxious;
2. Wear body armor;
3. Have tactical back-up (snipers);
4. Enter the premises without gun being pointed at you;
5. Face-to-face, mountain distance;
a. Personal distance - 1 to 3 feet
b. Intimate distance – about 6 inches
6. Hostage taker’s demand may be reduced;
7.Stockholm Syndrome may be develop

PLANNING AND PREPARATION FOR HOSTAGE SITUATION


Designation of Duties:
1. Field Commander
a. Takes charge of all forces
b. Provides containment of hostage taker – sealed off place, evaluate civilians
c. Establishes contact with hostage taker
d. Consults with the commanding officer (high authority) regarding other options
e. Wears civilian clothes
2. Operational Aide
a. Reports to field negotiator
b. Sets up temporary headquarters
c. Coordinates assignment of off-duty personnel arriving at the scene
d. Assigns units as necessary
e. Relays orders/ information to personnel involved; receive requests
3. Administrative Aide
a. Reports of field negotiator
b. Supervises temporary headquarters
c. Maintains record of operation and units at the scene
4. Patrol Personnel (with one leader)
5. Assault Team (with one leader)
a. Sharpshooters (with high powered arms, on flak vests (protective armor)
b. Chemical agent
NEEDED FACILITIES (walkie-talkie) FOR EACH OF THE ABOVE AND WHAT TO
DO:
1. Radio set in single frequency (strict discipline needed)
2. Communication to originate from operation aide – form of orders, request or updating
information
WHAT IS IMPORTANT?
Dry Run
- a simulated or practice performance or rehearsal of hostage operation;
- one way to ensure hostage – negotiating units is capable of establishing control over a
situation
Considerable Screening
- members, once chosen, should be given free reign in handling and evaluating incidents;- should
a senior officer begins countermanding orders in the site; the results will certainly
be bungled
1. Patrol units, assault unit, etc. should know exactly whose command they are under.
2. Rescue efforts have to run strictly from the top down.
IMPLEMENTATION OF METHODS TO DEAL WITH HOSTAGE SITUATION
Phase 1 (Scene of Incident) – after stabilizing situation, hostage takers have been contained and
civilians evacuated out of the area of incident.
1. Set-up communication with hostage taker (establish swiftly) by:
- Telephone lines
- Walkie – talkie sets in frequency not being used by police
- Written notes
- Face – to – face verbal exchange
- A line-communication may be established to and from the setting – through medical
personnel and ambulance on stand – by.
2. Behavior Guidelines (during negotiation)
- Be the caller;
- Use of civilian clothes;
- Use protective armor;
- Do not suggest of any demand;
- Give room to negotiate – do not cramp, avoid disturbance;
- Stay relaxed;
- Talk to the leader only;
- Elicit a promise;
- Make sure you have good cover (hidden or otherwise);
- Distance – 12 to 25 ft (by telephone);
- Conserve concession – hold giving in to demand; if giving in at once, demand may come
more (say, needs approval from higher authority etc.) One giving in, ask something in
return ( say, food, provisions – ask for release of aged/sick). Delay works in favor of
authorities.

ON FACE-TO-FACE NEGOTIATIONS:
- Have firearms – if hostage taker demands without firearms, ask him to throw way his
firearms too;
- Have cover (snipers somewhere) to protect you;
- When entering place of hostage taker – be on the lookout for bombs, it may be hidden
behind the door or windows;
- Maintain distance – initially – 1 to 3 feet; intimate – 6 inches;
- Be observant of movements;
- Elicit promise;
- Do not allow gun to be pointed at you;
- Reassure hostage taker of security. Explain why now is better than later to surrender.
Don’t ever react – no rigid guidelines in every case. But flexibility is dependent on the
movement of the hostage takers.
- Be observant of movements;
- Elicit promise;
- Do not allow gun to be pointed at you;
- Reassure hostage taker of security. Explain why now is better than later to surrender.
Don’t ever react – no rigid guidelines in every case. But flexibility is dependent on the
movement of the hostage takers.

DEMANDS OF HOSTAGE TAKERS


- Proceed to airport – inform concerned authorities
- Diplomat and political personnel as hostage – informed concerned authorities.
- Delay concessions as practicable.

Rule 26. (Philippine National Police Manual 2010)Hostage Situation/Barricaded Situations


SECTION 1. Procedure to be followed in a Hostage Situation
The following steps shall be undertaken:
a. A Crisis Management Task Group shall be activated immediately.
b. Incident scene shall be secured and isolated.
c. Unauthorized persons shall not be allowed entry and exit to the incident scene.
d. Witnesses’ names, addresses, and other information shall be recorded. Witnesses shall be
directed to a safe location.
SECTION 2. Ground Commander
- There shall be only one Ground Commander in the area. Until such time that he officially
designates a spokesperson, he may issue appropriate press statements and continue to
perform the role of the spokesperson.
SECTION 3. Negotiators
- 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.
SECTION 4. Assault Team
- An assault team shall be alerted for deployment in case the negotiations fails. Members
of the assault team shall wear authorized and easily recognizable uniform during the
conduct of the operation.
SECTION 5. Assault Plan
- The assault shall be planned to ensure minimal threat to life for all parties.
SECTION 6. Support Personnel
- An ambulance with medical crew and a fire truck shall be detailed at the incident area.
SECTION 7. Coordination
- Proper coordination with all participating elements shall be done to consolidate efforts in
solving the crisis.
SECTION 8. Safety of Hostage(s)
- In negotiating for the release of a hostage, the safety of the hostage shall always be
paramount.
SECTION 9. Guidelines during Negotiations
1. Situation must be stabilized first and contained before the start of the negotiation;
2. 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; and
3. Police officers without proper training shall not be allowed to participate in hostage
negotiations.
BOMB, BOMB THREAT AND BOMB INCIDENT EMERGENCY RESPONSE
PROCEDURES
Bomb
- container filled with explosive, incendiary material, smoke, gas, or other destructive
substance, designed to explode
Bomb threat
- 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
Basic facts on bomb threat:
- A threat is considered only a threat until something visible is found;- Determined bombers do
not frequently give warnings of a possible explosion/incendiary
attack;
- Threats are an excellent way to disrupt productivity without actually risking life, limb
and/or property; and
- The consequences of conviction for “threatening” are not necessarily as serious as those
that could result from actual placement/initiation of a bomb.
Upon receipt of the information:
- Treat all threats as serious until proven otherwise;
- Determine the exact location of the establishment under threat;
- Assess or analyze the threat whether it is a long term or a short term threat;
- Consider evacuation options as follows: (a) Option 1 - Do Nothing (b) Option 2 - Search
with partial evacuation (c) Option 3 - Search and evacuation (d) Option 4 - Evacuate
immediately
- Alert Explosives Ordnance Demolition Team (EODT) for bomb search mission and
emergency readiness before going to the crime scene;
- Proceed immediately to the scene;
- Notify Higher Headquarters of any development.
Why do terrorist wear to their captives an orange jumpsuit while executing them?
- As a propaganda tool against Guantanamo Bay Detention Camp.
- It is a symbolic gesture of the militant rage against the detention and torture of terror
suspects in Guantanamo.
- Guantanamo inmates have been detained indefinitely without trial and several inmates
were severely tortured, this camp is considered as a major breach of human rights by
Amnesty International
Terrorism
- Terror, Latin word terrere, “to frighten”.
- It is a threat or actual use of force or violence for political or other purpose, to foster fear,
insecurity, distrust and unrest among the people
- The commission of crimes (rebellion, murder, kidnapping, hijacking etc.) that sow or
create a condition of widespread and extraordinary fear and panic among the populace in
order to coerce the government to give in to an unlawful demand. (R.A. 9372 or the
H.S.A.)
Classification of Terrorist
- National Terrorist - operates and aspires to political power primarily within a single
nation
- Transnational Terrorist - operates across national boarders, whose actions and political
aspirations may affect individual of more than one nationality
- International Terrorists - controlled by, and whose actions represent the national
interest of a sovereign state.
AL QAEDA
- in Arabic this means “The Base”, “the Foundation”, “the Fundament”
- founded by Osama Bin Laden on about 1980’s.
- Organized Al-Qaeda
- The Emir (PGC) of Al-Qaeda
- born in March 10, 1957 in the city of Riyadh
- responsible for truly heinous terrorist incidents, including the 2001 destruction of the
World Trade Center.
- killed in Pakistan on May 2,2011(Operation Neptune Spear)
- 6’4 ft and left handed
OPERATION NEPTUNE SPEAR
- Neptune Spear – trident, appears on the US Navy’s Special Warfare and Insignia. The
three pongs of the trident representing the operational capacity of SEAL’s on sea, air and
land.- The name of the operation who killed Bin Laden. (a kill or capture mission)
- 79 Commandos and a military dog was employed.
- GERONIMO - code name for Bin Laden during the operation. (Jackpot, Cakebread,
Crankshaft)
- AL JAZEERA - the Pakistan TV station/channel which is responsible in the network
coverage during the operation against Osama Bin Laden (CLE1014).
JEMAAH ISLAMIYA
- Dates of operation: 1993- present
- Aliases: "Islamic Congregation, Islamic Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Philippines; Singapore
- Founding Philosophy: Create an Islamic state across Southeast Asia to include
Singapore, Indonesia, Malaysia, Brunei, southern Thailand, and southern Philippines.
- JI was added to the United Nations 1267 Committee's list of terrorist organizations linked
to al-Qaeda or the Taliban on 25 October 2002 under UN Security Council Resolution
1267.
DIFFERENT TYPES OF TERRORISM
- Ethnocentric - aimed at establishing a dominant or superior race that will be looked
upon by the entire populace in the world
- Revolutionary - dedicated to overthrow an established order and replacing it with a new
political or social structure
- Political - aims in restructuring the society.
- Nationalistic - commit acts of violence due to their loyalty or devotion to their country.
Philippines – considered as the breeding ground for terrorism.
Southern Philippines – declared by the State Department in 2006 as “Terrorist-safe-haven”.
CATEGORIES OF TERRORISTS
1. Crusaders - ideologically and politically inspired, and want prestige and power for a
collective goal of higher course
2. Criminals - personal gains
3. Crazies - Mentally ill persons who make terroristic act during or on a period of
psychiatric disturbances

THE ANTI-TERRORISM LAW


- RA 9372 is often referred to as the “Anti-Terror Law” or “Anti-Terrorism Law”, or properly
known as the “Human Security Act of 2007.” It took effect on 15 July 2007.

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