Crimso6 - Module
Crimso6 - Module
CRIMSO6
INCIDENT MANAGEMENT
PAGE
MODULE LESSONS
NUMBER
Module 1 First Grading Lessons
1. Definition of Terms
Alternative 2. History of Alternative Dispute Resolution 4-7
Dispute 3. Types of Alternative Dispute Resolution
Resolution
Module 2 Midterm Grading Lessons
1. Definition of Terms2
Retributive and 2. Retribution as a Philosophy
Restorative 3. Basic Elements of Restorative Justice 10-14
Justice 4. Goals of Restorative Justice
5. Benefits of Restorative Justice
6. Principles of Restorative Justice
7. Restorative Process
Module 3 Final Grading Lessons
1. Crisis, Emergency, Crisis Management
Crises and 2. Related Terms and Concepts 19-31
Incident 3. Handling Crisis Situations
Management
COURSE DESCRIPTION: This course deals with the study of the different mechanisms in dealing and
resolving conflicts/disputes. It includes the art of intervention through mediation, and reconciliation between
stakeholders and agencies tasked to carry out the endeavor. Likewise, the course includes the concepts of
crisis management and the proper procedure in handling the incident. 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 and the community.
COURSE OUTLINE:
I. Alternative Dispute Resolution
II. Retributive and Restorative Justice
III. Crises and Incident Management
COURSE REQUIREMENTS:
1. Attendance during virtual class
2. Copy of module (hard/soft)
3. Quiz
4. Major Examinations (First Grading, Midterms & Finals)
5. Recitation
6. Final Output (Portfolio)
DEFINITON OF TERMS
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 the ADR Act (RA 9285), 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;
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 non-
accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of
their dispute.
Whenever referred to in this Act, the term "ADR practitioners" shall refer to individuals
acting as mediator, conciliator, arbitrator or neutral evaluator;
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;
Arbitrator
➢ means the person appointed to render an award, alone or with others, in a dispute that
is the subject of an arbitration agreement;
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;
Court-Annexed Mediation
➢ means any mediation process conducted under the auspices of the court, after such court
has acquired jurisdiction of the dispute;
INSTRUCTION: Answer the following questions briefly but meaty. PLEASE DO NOT COPY
WHAT IS WRITTEN ON THE NOTES. Use your OWN WORDS. Total Points: 52points
3. Research two (2) alternative dispute resolution (ADR) in your locality and discuss the
detailed process. 10points each=20points
5. From your readings of this lesson, as a future law enforcer, what would be your edge
from other police officers (your answer should reflect the nature of your future job)?
5points
FACTS: A is married to B. They have three (3) children ages 2 (male), 6 (female), and 10
(male). After 20 years of being married, A-the wife, had an affair with C-the paramour. Now, B
would like the press the charge of Adultery against his wife. Now, once the wife is proven guilty,
the husband will take custody of their children. Considering the given facts, propose a legal
scheme on how the matter should be handled in a way where A and B could still live together.
Present your resolution in class.
RETRIBUTIVE JUSTICE
Retributive justice, response to criminal behaviour that focuses on the punishment of
lawbreakers and the compensation of victims. In general, the severity of the punishment is
proportionate to the seriousness of the crime.
Retribution as a Philosophy
Retribution appears alongside restorative principles in law codes from the ancient
Near East, including the Code of Ur-Nammu (c. 2050 BCE), the Laws of Eshnunna (c. 2000
BCE), and the better-known Babylonian Code of Hammurabi (c. 1750 BCE). In those legal
systems, collectively referred to as cuneiform law, crimes were considered violations of other
people’s rights. Victims were to be compensated for the intentional and unintentional harms they
suffered, and offenders were to be punished because they had done wrong.
Retribution is based on the concept of lex talionis—that is, the law of retaliation. At its
core is the principle of equal and direct retribution, as expressed in Exodus 21:24 as “an eye for
an eye.” Destroying the eye of a person of equal social standing meant that one’s own eye
would be put out. Some penalties designed to punish culpable behaviour by individuals were
specifically tied to outlawed acts. Branders who used their skills to remove slave marks from
runaway slaves, for example, had their hands amputated.
No other punishment philosophy gives so much importance to actus reus (a guilty act)
and mens rea (a guilty state of mind). Under retribution, both elements of the crime must be
present before punishment can be imposed. In addition, offenders may be punished only for the
guilty acts they actually commit; those who plan a murder but succeed only in wounding a
victim, for example, should not be punished as harshly as those who actually carry out the
murder.
Under retributive justice schemes, it is also important that offenders actually be guilty of
the crime for which a penalty has been imposed. True deterrence doctrine, according to the
utilitarian philosophy of Jeremy Bentham, allows for the punishment of innocent individuals if
doing so would serve a valuable societal function (e.g., creating and maintaining an image that
crime is detected and punished so that others are deterred from crime). That idea is repugnant
to retributionists, who believe that punishment should be meted out only to those who have
broken laws. The value of retribution cannot be cheapened by using it to compensate for
inadequacies of the justice system.
Retribution also forbids the punishment of offenders who cannot be held responsible for
their actions. Insane or intellectually disabled individuals, for example, should not be penalized
for acts that result from mental illness or disability. In addition, acts that are truly accidental, as
well as those committed by children, are not subject to the same punishment as those
committed by adults who possess criminal intent. The reasoning is simple when viewed through
the lens of retributive theory. If individuals do not or cannot form mens rea (i.e., they cannot
In summary, the concept of retributive justice has been used in a variety of ways, but it
is best understood as that form of justice committed to the following three principles:
1. that those who commit certain kinds of wrongful acts, paradigmatically serious crimes,
morally deserve to suffer a proportionate punishment;
2. that it is intrinsically morally good—good without reference to any other goods that might
arise—if some legitimate punisher gives them the punishment they deserve; and
3. that it is morally impermissible intentionally to punish the innocent or to inflict
disproportionately large punishments on wrongdoers.
INSTRUCTION: Answer the following questions by using your own words and understanding
from the readings on Module 2. Total Points: 50points
1. Differentiate retributive from restorative justice. (Do not merely define the terms rather
discuss who justice is being achieved through such.) 5points
3. If you are to assess our CJS, what do you think is being applied/practiced? Retributive or
Restorative Justice? Defend your answer. 10points
5. What type of offens/es you think restorative justice is best applicable why? Discuss.
10points
Question: Now that you have knowledge about RESTORATIVE AND RETRIBUTIVE JUSTICE,
what is your opinion about the statement “An eye for an eye, and a tooth for a tooth.”
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“Without restorative justice I'd have struggled to move on with my life. I also had the
chance to say goodbye to him, which was what I wanted.”
-Laura Coel, sexually abused by her stepfather.
“It’s about them understanding,” she says. “I’ve always wanted prisoners to understand
what they’ve done.”
-Lyn Smith, rape victim.
“I wanted revenge but found compassion. When I first heard of restorative justice, I
thought it was a load of rubbish. I thought that all the offender had to do was say sorry
and that was it. So how would you know if they were genuine or not? I have come to
realize that it is way more than that. To take part in a restorative justice session takes
strength and courage from both sides and is way more than a simple "I'm sorry." It is
restorative on both sides!”
-Michelle Jackson, daughter of a murdered father.
1. Based from the statements above, are you convinced that RESTORATIVE JUSTICE
gives a peace of mind to both the offender and the victim?
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The following schematic diagram further illustrates the difference between crisis and
emergency (FIG 1):
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).
a. The Proactive Phase. This phase is designed to predict or prevent the probability of
occurrence the same time prepare to handle them when they occur. It encompasses 3Ps of the
4P Crisis Management Model prediction, prevention and preparation.
(1) Prediction. This stage involves foretelling of the likelihood of crises occurring or manmade
through the continuous assessment of the all possible threats and threats groups, as well as the
analysis of developing or reported events and incidents. Crises incidents can be predicted
through updated inputs from intelligence reports as well as the continuous monitoring and
analysis of the confluence of related events. In case of man-made crises/emergencies, and
some natural crises/ emergencies, this stage requires continuous study of the targets of existing
threats, specifically the threat groups, their probable targets and the vulnerabilities of critical
installations and facilities. All threats and threat groups should be considered whether they are
internal or external to any organization or facility.
(2) Prevention. When most man-made crises/emergencies, this stage involves the institution of
passive and active security measures, as well as the remedy or solution of destabilizing factors
and/insecurity flaws leading to such crises/emergencies. On the other hand, most natural
crises/emergencies at this stage require vigilance and alertness to signs and manifestations of
developing crises/ emergencies. Warning/alert systems have to be established to increase the
chances or odds of preventing the occurrences of crises/emergencies. Preventive actions may
well be applied to both natural and manmade crises/emergencies to prevent them from
developing to uncontrollable proportions.
(3) Preparation. Preparation for crises/emergencies entails planning, organization, training and
stockpiling of equipments and supplies needed for such crises/emergencies. Simulated drills at
unspecified days and times test the effectiveness of preparations, bring out flaws and
weaknesses, and corrections/remedies effected to heighten levels of readiness of systems,
procedures, organization, equipment and logistics to better cope with actual
crises/emergencies.
b. The Reactive Phase – Performance. This phase covers the last of the 4Ps, Performance,
which is the actual execution or implementation of any of contingency plan when a crisis
(1) Initial Action. All Unit Commanders are required to understand and acquaint themselves on
Crisis Management doctrine. As such, they will be held responsible for all their actions. Any
military/police unit taking cognizance of a crisis incident shall immediately undertake appropriate
actions to contain the crisis situation and report the matter to the cognizant agencies through
channels, regardless such crisis situation is within or beyond its capability to handle. The initial
action includes monitoring of the progress of the incident, securing the scene, protecting itself,
establishing perimeter security, evacuating innocent civilians, if possible, preventing the escape
of the perpetrators, until the designated security and tactical elements/units augment its unit as
they arrive. Other than the aforecited tasks, the initial action unit shall not engage in any tactical
action against the perpetrators except in its own defense.
(2) Action. The action phase begins as soon as the On-Scene Command Post (OSCP) is
established and the Tactical intervention, service support units, Negotiations Teams and the
Public Affairs personnel arrive and are deployed. The On-Scene Commander (OSC) gradually
relieves the initial action unit commander and completes staffing of the OSCP. The OSC
discusses the incident with the commanders and staff of the units and agencies involved and
plans what actions to take and establish positive contact with Crisis Management Committee
(CMC) to ensure that all his succeeding actions are cleared. The action phase consists of two
distinct activities: negotiation and tactical action/intervention which may take place
independently either simultaneously or in succession; In any case, however, both activities are
under the complete control and supervision of the On-Scene Commander.
(3) Post Action. This stage begins as soon as the perpetrators surrender, or when they are
captured or neutralized and the crisis situation is deemed cleared. The on scene Commander
ensures that necessary Post Action activities are undertaken to restore normalcy and bring
responsible to court.
SALIENT FEATURES
Organization of NDRRMC/NC
Sec. of the DND, Chairperson
Sec. of the DILG, Vice Chairperson for Disaster Preparedness
Sec. of the DSWD, VC for Disaster Response
Sec. of the DOST, VC for Disaster Prevention and Mitigation
Director-General of NEDA, VC for Disaster Rehabilitation & Recovery
ORGANIZATIONAL LEVEL
National – NDRRMC
Regional – RDRRMC headed by OCD Regional Director
Provincial – PDRRMC
City/Municipal – C/MDRRMC
Barangay – BDRRMC
(b) Sources
(b) Sources
- Police and military
- Intelligence Service
- Captured/surrendered members of threat groups
- Concerned citizens
- Press
b. Events. All significant information on events/incidents which could have a been on the types
of crises herein addressed or data obtained during occurrence of similar incidents or actual
crisis, serve as inputs which can facilitate analyses necessary for the identification of probable
threat groups and targets, or for formulating preventive measures, security procedures and
probable courses of action when similar incidents occur.
c. Threat Analysis. AFP/PNP units must be able to identify the threat, its nature.
characteristics, operational capabilities and probable targets and know their of vulnerabilities so
that steps can be taken to keep a potential threat from becoming reality. Threats may come in
f. Terrorist Tactics
1. Bombing
2. Arson
3. Hijacking
4. Assassination/Liquidation
5. Ambush
6. Kidnapping
7. Hostage Taking
8. Robbery/ Extortion
9. Progressive Taxation
10. Raids/Attacks
2. PREVENT. Based on the results of the Prediction activities, concerned agencies, business
concerns and individuals establish passive and active security measures and systems, lessen
the chances of success of terrorist-based crises/emergencies. Additionally, systems and
measures warning of the advent of crises/ emergencies may have to be established to prevent
them from turning to full-blown proportions needing massive responses.
a. Operations Security. This pertains to the institution of proper security measures in the
performance of assigned unit missions and during military/police operations. Precautionary
measures must be taken into consideration to prevent the potential threat groups from the
unit plans and operations. The techniques of information security, physical security and
the signal security and deception which are considered interrelated and simultaneous
b. Personnel Security. This pertains to the protection of personnel against subversion and
blackmail. All personnel are generally susceptible to the threat of terrorist attack. They
become terrorist targets not necessarily because of who they are but of where and what
happen to be. Good preventive or precautionary measures can decrease the threat these
attacks. Terrorist also select specific people as targets for kidnapping, ex1cruC:¬hostage-
taking and assassination. They gather extensive intelligence information the personalities
targeted through extensive surveillance.
INSTRUCTION: Based from the discussion on Module 3, answer the following questions using
your own words and understanding. Total points: 80points
1. Differentiate crisis from emergency. 5points
3. What are the common challenges in handling hostage taking situations and terrorist
based crisis? Enumerate and discuss five (5).3points each=15points
4. Research of a certain crisis here in the Philippines, and critic as to how it was handled.
Please be guided of the following questions: 50points
a. Were the guidelines in crisis management followed? If yes, discuss the step by
step process on how the crisis was handled and resolved. If NOT, identify the
guidelines/protocols that were not followed and discuss how it should be properly
done.
b. What are the problems encountered in handling the crisis? As a student with
knowledge on crisis management, how are you going to resolve these problems?
c. Enumerate and discuss at least two (2) strength and weaknesses of the PNP in
handling crisis.
Instruction: Please answer the following questions truthfully. This will be used to enhance the
module for improvement.
1. What lesson or activity did I enjoy most? Why?
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2. What is the most important lesson which I can apply in my daily life?
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3. What are the new insights/discoveries that I learned?
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4. What topic/s do I find least important?
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5. What possible topics should have been included?
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END OF MODULE