f. Professional Crisis ea g. Management Crisis Lesson 3- How to Mitigate Nature Induced Crisis 101 a. The DRRM rules 101 b. The IATF protocols sson 4- How to Mitigate and Avert lesson ® framan Induced Crisis ae a. Law on Abduction 47 b. Law on serious illegal detention v0 and kidnapping 179 c RA18 190 References iv sesneesnssiensnenisnnennnsennsannsnnensnaincsntaie, connate CHAPTER I DISPUTE RESOLUTION In the Philippines disputes are resolved in various ways where the objective is to come up with a win- win situation and restore the peace between the parties: Hence, the following are adopted: LESSON 1: SCOPE ALTERNATIVE DISPUTE RESOLUTION, BARANGAY JUSTICE, ARBITRATIONS SYSTEM AND RESTORATIVE JUSTICE SYSTEM Introduction In the Philippines, we are one of the very fortunate in terms of justice system and processes. Why? We are allowed by law and by custom to choose from different options to resolve our conflicts. It can be observed that the three sets of justice system namely; the Barangay justice system which admits or serve as an alternative justice for easy and or summary resolution of disputes, Outside ‘of it, when a resolution was not met, then it can pass on to the regular or mainstream justice process after a certification of non-resolution passed by the LUPON. Another distinct justice system is the existence of several tribal or indigenous justice systems which the law on Indigenous Peoples Rights Act (IPRA) recognized as binding agreement of parties in dispute We can also gleaned that our Philippine justi system is both restorative and retributive in the se: that it allows resolution of disputes by parties thro. Chapter I: Dispute Resolutioni i 4. penalties mediation and arbitration where claims an can be waived or lessen depending on the agreement of the parties in dispute. Under the spirit of the alternative dispute resolution (ADR), the parties will make amends, with their conflict and come again as close friends as i nothing happened. wir justice system may be considered as retributive as gleaned from the regular or mainstream justice system were all crimes have corresponding penalties attached to it as means of reparation and or Fetribution to the affected party. Nevertheless, within the regular process, there are stages where it allows the dispute to be resolved amicably; these are manifesta of restorative processes. Objectives: At the end of the course, the students should be able to: -_ 1. Recognize the summary nature of justice resolution at the Barangay level; 2. Compare the pillars of the criminal justice system; 3. Explain the general function and operation of the criminal justice system; 4, Identify the loop holes and recommended solution to some problems; oe Comprehend fully the importance of the © Sve pillars of the CJS; 6, Analyze the objectives of the CJS; and 5 ir respective responsibility in 7 Byaluats genance of peace and order in thelr own community; 8. Generate foundational knowledge on the different tribal/indigenous justice system practiced in the Philippines. .s / Incident Management | | Vocabulary. For purposes of this text, the words are defined operationally to suit its usage in the discussion. a b. Justice. Refers to giving what is due to anybody, preservation and respecting the rights accorded y law to anybody. Justice system. by operation, it means the processes and procedures to be observed in the verification and investigation of any untoward acts committed by somebody that tarnishes the rights of somebody in order to determine what is due to be awarded to the affected person. Alternative dispute resolution. Thi action sanctioned by law to resolve manner that is immediate and inexpen an end in view of restoring peace bet affected parties. Arbitration agreement, shall mean an agreement by the parties to submit to one or more arbitrators the resolution of all or certain civil disputes which have arisen or which may arise in respect of a defined legal relationship (whether contractual or not) and to abide by their award (hereinafter referred to as “arbitral award”). 's to any spute ina ve, with, cen two . Arbitral tribunal. Shall mean a sole arbitrator or a panel of two or more arbitrators, who, based on an arbitration agreement, conduict proceedings and make an arbitral award in respect of civil disputes subject thereto. Written statement, Shall mean a document that a party prepares and submits to an arbitral tribunal in arbitral proceedings and which states the case of that party. Punong barangay. Refers to the chairman of a barangay duly voted by its constituents, he held executive authority over the barangay and uses his authority to promote the welfare of the barangay as a whole Sangguniang pambarangay. Refers to the barangay legislative body tasked to develop Chapter I: Dispute Resolution 3ordinances to regulate the affairs of the barangay duly es tagapayapa. A pangkat (group) * Glsnifed by the punong barangay to arbitrate Sfeertain complaints that were not successfully resolved under the mediation of the punong barangay. — j. Lupong tagapagkasundo. A special bo J eperited by the punong barangay through the Selection of parties of a disputes that will serve as a go between or act as mediators for the speedy Tesolution of the dispute not successfully resolved by the lupong tagapayapa. . _ refers not only to barrios which were k. Barangay Jarangays by vittue of Presidential Decree No. 557 but also to barangays otherwise known as citizens assemblies pursuant to Presidential Decree No. 86. Captain. Refers to the Barangay Captain of the barrios which declared barangay by virtue of Presidential Decree No. 557 and to the’ Chairmen of barangays otherwise Imown fas citizens assemblies pursuant to Presidential Decree No. 86. LESSON 2. ALTERNATIVE DISPUTE RESOLUTION Objectives: At the end of the lesson, the learners will be able to: | Recognize the significance of the alternative dispute resolution; Demonstrate appreciation all about the alternative dispute resolution; Infer deeper importance of the alternative dispute resolution; 4. Relate to the wisdom of the use of alternative dispute resolution. 4 Dispute Resolution and Crises / Incident Management Pre-test. This pre-test will try to determine your basic knowledge regarding alternative dispute resolution as an instrument of keeping peace at the grassroots level. 1. What do you understand of the word dispute resolution? 2. Do you know of any restorative process of dispute resolution? 3. What are the benefits of amicable settlements? 4, What do you understand about the barangay justice system? 5. What is your idea about indigenous justice processes? Definition of Alternative Justice Resolution Any method of resolving disputes other than by litigation. (Abbreviated as ADR) Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. Arbitration and mediation are the two major forms of ADR. This relates to civil form of justice where the agreement of the parties are binding between them and should be recognized by law. OVERVIEW Alternative Dispute Resolution (‘ADR’) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. AS burgeoning court queues, rising costs of litigation, and time delays continue to ‘plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. While the two most common forms of ADR are arbitration and mediation, negotiation is almost always Chapter I: Dispute Resolution 5attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main Advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution. Mediation is also an_ informal alternative to litigation. Mediators are individuals trained, in negotiations, which bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to national government negotiations. Mediation has also become a significant method for resolving disputes between investors and their stock brokers. A. Pertinent Provisions of the ADR law Republic Act No. 9285, April 2, 2004, an act to institutionalize the use of an alternative dispute resolution system in the Philippines and to establish the office for alternative dispute resolution, and for other purposes Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: GENERAL PROVISIONS SEC. 2. Declaration of Policy. it is hereby declared the policy of the State to actively promote party autonomy jn the resolution of disputes or the freedom of the party to make their own arrangements to resolve their disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court dockets. As such, the State shall provide means for the use of ‘ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases. Likewise, the State 6 Dispute Resolution and Crises / Incident Management shall enlist active private sector partici settiement of disputes through ADR. This Act shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any combination thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be governed by such rules as the Supreme Court may approve from time to time. MEDIATION SEC. 7. Scope. The provisions of this Chapter shail cover voluntary mediation, whether ad hoc or institutional other than court-annexed. The term “mediation’ shall include conciliation. SEC. 8. Application and Interpretation. In applyin 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. - SEC. 9. Confidentiality of Information. Information obtained through mediation proceedings shall be subject to the following principles and guidelines: 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, ¢) 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 Chapter I: Dispute Resolution 7