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Crimso6 - Module

This document provides an overview of the course CRIMSO6 - Dispute Resolution and Incident Management. It includes 3 modules that cover alternative dispute resolution, retributive and restorative justice, and crises and incident management. The course defines key terms, outlines the history of dispute resolution in the Philippines from early community-based systems to modern legislation, and describes the grading system and course requirements.

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Josiah Bacani
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© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
100% found this document useful (1 vote)
475 views

Crimso6 - Module

This document provides an overview of the course CRIMSO6 - Dispute Resolution and Incident Management. It includes 3 modules that cover alternative dispute resolution, retributive and restorative justice, and crises and incident management. The course defines key terms, outlines the history of dispute resolution in the Philippines from early community-based systems to modern legislation, and describes the grading system and course requirements.

Uploaded by

Josiah Bacani
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 33

DISPUTE RESOLUTION AND

CRIMSO6
INCIDENT MANAGEMENT

A Self-regulated Learning Module

A Self-regulated Learning Module 1


TABLE OF CONTENTS

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

A Self-regulated Learning Module 2


COURSE OUTLINE
COURSE NAME: CRIMSO6-Dispute Resolution and Incident 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.

NO. OF UNITS: 3 units NO. OF HOURS PER WEEK: 3 hours

COURSE OUTLINE:
I. Alternative Dispute Resolution
II. Retributive and Restorative Justice
III. Crises and Incident Management

GRADING SYSTEM: Section 8. Computation of Undergraduate Grades


The cumulative computation of grades during the second and final grading periods still applies:
1/3 of the previous grade plus 2/3 of the tentative grade. All failing grades in the final grading period are
converted to seventy (70).
a. Highest Possible Score (HPS) - refers to the sum total points of all quizzes, unit test, assignments
and/ or projects, and periodical examinations given or administered within the grading period.
b. Student Actual Total Score (SATS) - refers to the total score obtained by the student in the given
quizzes, unit test, assignments and/or projects and examinations and other activities.
c. Lowest Possible Score (LPS)- refers to the cut-off score as indicated below:
d. Cut-off Score. The cut-off points which determine the lowest passing score shall be as follows:
General Education Subjects in Non-Board and Board Programs 70% equivalent to 75
Professional Subjects in Non-Board Examinations Programs 70% Equivalent to 75
Professional subjects in Board Programs 70% equivalent to 75

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)

A Self-regulated Learning Module 3


MODULE 1: INTRODUCTION TO DISPUTE RESOLUTION IN THE
PHILIPPINES
LEARNING OBJECTIVES: At the end of this lesson, the students should be able to:
1. discuss the history of dispute resolution in the Philippines;
2. define basic terms in the study of dispute resolution;
3. appreciate the essence of existence of dispute resolution mechanism.

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;

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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;
Mediation
➢ means a voluntary process in which a mediator, selected by the disputing parties,
facilitates communication and negotiation, and assist the parties in reaching a
voluntary agreement regarding a dispute.
Mediator
➢ means a person who conducts mediation;
Mediation Party
➢ means a person who participates in a mediation and whose consent is necessary to
resolve the dispute;
Mediation-Arbitration or Med-Arb
➢ is a step dispute resolution process involving both mediation and arbitration;
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;

BRIEF HISTORY OF ALTERNATIVE DISPUTE RESOLUTION


Dispute resolution is one of the functions of a sound political system. Dispute resolution
machinery already existed in the earliest communities in the Philippines even before the advent
of the Spanish and American Colonization. Dispute arising from the daily affairs of the
communities were brought before the elders of such communities in a conversational fashion for
the purpose of threshing out the issues and resolving them along the principles of justice and
fairness. Outside of this forum, no other dispute-resolving forum existed.
During the Spanish and American regimes, dispute resolution mechanisms were made
more rational through the inclusion of the said function in the local governmental systems.
Gradually, the originally conversational mode of resolving disputes became more and more
adversarial as the western-style judicial systems took over their functions. However, the values
and traditions that were the heart of the early dispute-resolving systems were not lost.
The enactment of the Arbitration Law in 1953 supports this fact. The professed goal of this
law was to re-establish the non-judicial forum for dispute resolution in the country, hence the
concept of “alternative dispute resolution” or ADR. The word “alternative” was used to emphasize
that recourse to the regular judicial courts shall still be considered as primary and arbitration only
as secondary or voluntary.
In 1978, President Marcos decreed the formation of the Katarungang Pambarangay
(Community-based justice system, or Barangay Justice System) by virtue of PD 1508. This law
provided for the compulsory use in the barangay, the smallest unit of local government, of
mediation, conciliation and arbitration in certain types of disputes. The system was later integrated
into the Local Government Code, since its direction and supervision were entrusted to the
Department of Interior and Local Government.

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In 1997, the Supreme Court included in the New Rules of Civil Procedure provisions for
the possible use of alternative modes of dispute resolution. (For example, Rules 18 on Pre-Trial,
and Rule 20 on Forcible Entry and Unlawful Detainer) The Rules, however, do not provide that
ADR be mandatory and judges, lawyers and litigants have not made such use of these alternative
modes.
At present, studies are being undertaken with a view of developing alternative dispute
resolution mechanisms in order to make justice more accessible to the people and to unclog the
dockets of the courts. These studies, whether publicly funded or not, gave back much attention
to the various modes of alternative dispute resolution which have been underutilized for so long.
There are at least twelve (12) agencies that use alternative dispute resolution at present.
Ten of the agencies are administrative agencies with quasi-judicial functions, one is the barangay,
a local government unit, and one is a private agency. The different agencies used different modes
of alternative dispute mechanisms.
It should be observed that the court system is one of the main forums for resolving
disputes. However, due to lack of resources to respond to this increasing number of cases filed,
court dockets are clogged, making court processes protracted and expensive. When disputes
fester into open and sometimes violent conflicts, the situation becomes not only detrimental to
growth and development, it also erodes the country’s social fabric. Because of this observation,
the use of alternative dispute resolution mechanisms was therefore not only justified, but is also
found to be necessary.
In the Philippine context, alternative dispute resolution or ADR refers to several formal or
informal processes for settlement of conflicts, outside of or in the periphery of institutional judicial
process. It is another option to the structured adversarial approach adopted in court litigation.
While ADR may be viewed as an intervention to the court’s burdened dockets, it must be
considered on its own merits as an effective system of resolving disputes. It is less expensive,
swifter and more efficient, less or non-adversarial, thus generating results that can be more
satisfying and enduring.

TYPES OF ALTERNATIVE DISPUTE RESOLUTION


1. CONCILIATION
➢ Although conciliation and mediation are two different modes, in the Philippines the
two are used interchangeably. Thus, mediation or conciliation is a process whereby a
third party facilitates a negotiation between two or more parties in dispute. In
facilitating the negotiation, the third party assists the conflicting parties to come up
with mutually acceptable and beneficial solutions to their dispute. To achieve this
kind of agreement, the mediator helps the concerned parties express their
perspectives to the situation, understand each other’s problems, and reach mutually
acceptable settlements.
Primary Principle of the Mediator’s Role: The success of negotiation rests upon
the conflicting parties because the result of negotiation lie in their hands. The main
task of the mediator is to ensure that the negotiation process is systematic and just.
2. MEDIATION
3. ARBITRATION

A Self-regulated Learning Module 6


➢ In arbitration, the third party, based on the information presented to him/her by the
disputants and based on his/her own investigation of the case, makes the final
decision on how to resolve the conflict. In many instances, s/he passes a judgment
on who among the disputants is right.
In mediation, on the other hand, the third party serves only as a facilitator of the
negotiation process. The decision on how to resolve the conflict or the final solution
to the issues in dispute rests on the negotiators or disputants.

A Self-regulated Learning Module 7


LEARNING ASSESSMENT NO.1.1
NAME: _____________________________ SCORE: ________________

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

1. Define the following: 3points each=12points


a. Mediation
b. Alternative Dispute Resolution
c. Arbitration
d. Mediator

2. Discuss the process of handling disputes through: 5points each=10points


a. Mediation/Conciliation
b. Arbitration

3. Research two (2) alternative dispute resolution (ADR) in your locality and discuss the
detailed process. 10points each=20points

4. How helpful is ADR in unclogging court cases? 5points

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

A Self-regulated Learning Module 8


LEARNING ASSESSMENT NO.1.2
NAME: _____________________________ SCORE: ________________

INSTRUCTION: Make a graphic organizer based on the facts given below.

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.

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MODULE 2: RETRIBUTIVE AND RESTORATIVE JUSTICE
Lesson Objectives: At the end of this lesson the students should be able to:
a. differentiate retributive justice from restorative justice;
b. discuss the process of restorative justice; and
c. understood how the two types of justice works.

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

A Self-regulated Learning Module 10


freely choose how they act), they do not deserve to be punished for their actions. As in the time
of Hammurabi, however, victims are entitled to damages, because causing harm—even in the
absence of intent—carries the obligation of restoring one’s victims.
Under retribution, it is improper to allow guilty individuals to go unpunished. Because
punishment must be deserved and follow culpable actions, it is inappropriate to deny individuals
the consequences of their actions. In some respects, punishment is something that individuals
“earn” when they exercise their free will in an unacceptable manner. Here again, deterrence
doctrine differs from retribution, because true deterrence allows offenders whose skills are
needed by the community to be spared sanctions. Utilitarianism’s overall goal is deterrence,
which allows pardoning guilty parties if doing so is somehow better for the community as a
whole.
Punishing offenders also restores balance to society and satisfies society’s need or
desire for vengeance. Offenders have misused society’s benefits and have thus gained an
unethical advantage over their law-abiding counterparts. Retributive punishment removes that
advantage and tries to restore balance to society by validating how individuals ought to act in
society. In some respects, punished individuals undergo a restricted form of rehabilitation.
Punishing criminals for their crimes reminds others in society that such conduct is not
appropriate for law-abiding citizens, and the offenders themselves realize they have done wrong
and deserve to be punished.

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.

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RESTORATIVE JUSTICE
Restorative Justice (RJ) is a process through which remorseful offenders accept
responsibility for their misconduct to those injured and to the community which, in response,
allows the reintegration of the offender into the said community. RJ treats crime as a violation
of people and relationships. It creates an obligation to make things right through proactive
involvement of victims, ownership of the crime by the offender and participation of the
community in search for solutions which promote repair, reconciliation and reassurance.
Restorative Justice, then:
a. is a different way of thinking about crime and our response to crime;
b. focuses on the harm caused by crime: repairing the harm done to victims and reducing
future harm by preventing crime;
c. requires offenders to take responsibility for their actions and for the harm they have
caused;
d. seeks redress for victims, recompense by offenders and reintegration of both within the
community and;
e. is achieved through a cooperative effort by communities and the government.
Basic Elements of Restorative Justice
Unlike in the traditional justice system, a restorative effort is a holistic response to crime
or conflict which needs to be attended to in all these relationships to be able to strengthen
community fabric. The repairing relationships of stakeholders do not mean creating a friendly
and positive attitude between them. It means restoring appropriate “balance of power” among
stakeholders.
a. Encounter: Create opportunities for victims, offenders and community members who
want to meet and discuss the crime and its aftermath;
b. Amends: Expect offenders to take steps to repair harm they have caused to their victims;
c. Reintegration: Seek to restore victims and offenders as a whole and help them become
contributing members of society; and
d. Inclusion: Provide opportunities for parties with a stake in a specific crime to participate
in the resolution.
Goals of Restorative Justice
The goal of RJ is to repair the harm. The criminal justice professional applying the
philosophy needs to understand the impact of crime on the victims, and the latter’s family and
future. By helping the victim, the system can:
a. Exert efforts to appropriately respond to the victim’s harm;
b. Accordingly hold offenders accountable;
c. Reduce the victimization of the victim again;
d. Improve active involvement and cooperation of the victim; and
e. Protect and empower victims;
Benefits of Restorative Justice
1. It views criminal acts more comprehensively: rather than defining crime as law breaking,
it recognizes that offenders harm victims, communities and even themselves.
2. It involves more parties: rather than giving key roles only to government and the
offender, it includes victims and communities as well.

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3. It measures success differently: rather than measuring how much punishment has been
inflicted, it measures how much harm has been repaired or prevented.
4. It recognizes the importance of community involvement and initiative in responding to
and reducing crime, rather than leaving the problem of crime to the government alone.
Principles of Restorative Justice
1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity to
participate fully in the response, if they wish.
3. Government’s role is to preserve a just public order, and the community’s role is to build
and maintain a just peace.
Restorative Process
Mediation
Also known as Victim-Offender-Mediation (VOM). It is a form of Alternative Dispute
Resolution (ADR), a way of resolving disputes between parties with concrete effects. Typically,
a third stakeholder, the moderator, assists the parties to negotiate a settlement. The moderator
may mediate disputes in a variety of fields, such as commercial, legal, diplomatic, workplace,
community and family matters. This is a process that provides interested victim/s an opportunity
to meet the offender in a safe and structured setting, and engage in a discussion of the crime.
Conferencing
Is a voluntary, structured meeting between offender/s, victim/s and/or both parties’ family
and friends, in which they address consequences as restitution and other outcomes.
Circle of Support
Is a model of RJ which provides an opportunity for victims, offenders and community to
discuss the crime, and its aftermath, particularly its effect on the relationships in the community.
Indigenous Practices
To preserve, protect and respect Indigenous Practices of DOJ-PPA tribal clients, the
Agency adopts and adheres to prescribe mechanisms customary to their beliefs but ensuring
and guaranteeing the due exercise of the concerned tribal community to reject or allow the
intervention, documentation and publication of the DOJ-PPA of the indigenous conciliation
practice undertaken.
Basic Procedures
Restorative Justice, as a new model of balanced justice, is globally emerging and
experiencing remarkable growth of awareness and interest as a newly discovered correctional
theme. It is a guiding framework or paradigm shift ultimately focused to promote and encourage
active involvement of the three (3) stakeholders in a crime situation, specifically the victim,
offender and community. Since RJ is considered as an emerging concept, the treatment of
crime is future-oriented, and it affords the stakeholders a chance to be heard and participate in
the making of a better and brighter future by arriving at a solution which promotes, repairs,
reconciles, reassures and re-empowers.
Anchored on a balanced approach vision primarily designed to heal the effect of the
crime and delinquency, this restorative paradigm is very much compatible with the present
structure and goals of the Agency, and therefore integration of its guiding framework may
enhance the policies and practices of the individualized, community-based correction and
develop a broader vision of an integrated justice approach to include victim and community.

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Restorative Justice Outcomes
1. Restitution. Restitution is the payment by an offender of a sum of money to
compensate the victim for the financial losses caused by the crime. It is justified in a
restorative perspective as a method of holding offenders accountable for their
wrongdoing, and as method of repairing the victim’s injury. Restitution can be
determined in the course of mediation, conferencing or circle of support.
2. Community Work Service. Community work service is work performed without
compensation by the offender for the benefit of the community as an outcome of a RJ
process reached through restorative agreement among stakeholders.

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LEARNING ASSESSMENT NO.2.1
NAME: _____________________________ SCORE: ________________

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

2. Discuss the origin of retributive justice and restorative justice. 15points

3. If you are to assess our CJS, what do you think is being applied/practiced? Retributive or
Restorative Justice? Defend your answer. 10points

4. What are the pros and cons of: 10points


a. Retributive justice;
b. Restorative justice

5. What type of offens/es you think restorative justice is best applicable why? Discuss.
10points

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LEARNING ASSESSMENT NO.2.2
NAME: _____________________________ SCORE: ________________

INSTRUCTION: Explain and elaborate the statement below.

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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LEARNING ASSESSMENT NO.2.3
NAME: _____________________________ SCORE: ________________

INSTRUCTION: Answer the questions below.

“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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2. Let’s say, hypothetically, someone tried to kill you, but you were able to recover.
Would you take part or cooperate if the court orders a Restorative Justice proceeding to
settle your case? Why or why not?

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MODULE 3: CRISES AND INCIDENT MANAGEMENT
Lesson Objectives: At the end of this lesson the student should be able to:
1. define basic terms and concepts of crises and incident management; and
2. discuss the procedures of handling different types of crises and incidents;

A. CRISIS, EMERGENCY, CRISIS MANAGEMENT


CRISIS AND EMERGENCY
➢ Crisis, came from the Greek word crisis, which means to separate. As defined Wagnalls,
crisis is a turning point in the progress of an affair or a series of events. Through crisis is
often used interchangeably with emergency, and crisis develop from an emergency and
vice versa, these terms have certain degree of difference.
➢ Emergency came from the Latin word emergentia meaning a dipping; plunging. Funk and
Wagnalls defined emergency as a sudden condition or state of affairs calling for immediate
action.

The following schematic diagram further illustrates the difference between crisis and
emergency (FIG 1):

TYPES OF CRISIS/EMERGENCY CRISES OR EMERGENCIES


a. Man-Made Crises/Emergencies
(1) Civil disturbance
(a) Violent labor strikes (b) Riots (c) Anarchy (d) Disorderly Mass Demonstrations
(2) Revolt
(a) Mutiny (b) Insurrection (c) Coup d `etat
(3) Revolution
(4) Boarder incident
(5) War
a. Conventional b. Nuclear
(6) Kidnapping
(7) Hijacking
(a) Air (b) Sea (c) Land
(8) Hostage-taking

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(9) Terroristic activities (bombing, arson, assassination/liquidation, extortion, intimidation, etc.)
(10) Attacks/raids on government installations/ facilities and vital facilities
(b) Natural Crises/Emergencies
(1) Fire
(2) Marine/Air Disasters
(3) Structural collapse
(4) Hazardous spills
(5) Utilities failure (power, water, telephone)
(6) Nuclear accidents
(7) Food Scarcity/famine
(8) Fuel shortage Pestilence/epidemic
(9) Pestilence/Epidemic
(10) Floods
(11) Volcanic Eruption
(12) Earthquake Tsunami
(13) Tidal Wave
(14) Typhoons
(15) Drought

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).

OBJECTIVES OF CRISIS MANAGEMENT


1. Resolve without further incident
2. Safety of all participants
3. Apprehension of all perpetrators.
4. Accomplish the task within the framework of current community standards.

FOUR POSSIBLE RESPONSES DURING CRISIS MANAGEMENT


1. chemical agents
2. Selective fire power
a. lethal b. non-lethal
3. Tactical
a. silent entry b. assault
4. Contain and Negotiate

CRISIS MANAGEMENT TECHINIQUES


1. Locate
2. Isolate
3. Evaluate
5. Evacuate
6. Eliminate

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CONCEPTUAL FRAMEWORK OF CRISIS MANAGEMENT
A. The 4P Crisis Management Model
Crisis incidents occur when they are least expected. What make these incidents me
crises situations is when they go out of control and cause destruction to lives property or
endanger public safety. The 4P Crisis Management Model is envisioned dress crises situations
in two-phases the Proactive and the Reactive in four Prediction, Prevention, Preparation and
Performance.

B. Phases of Crisis Management


Crisis management is continuing activity that has two distinct phases: The Pro-active
and the Re-active phase.

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

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situation occurs despite the pro-active measures. The objectives in this stage are: to ensure a
high probability of success in neutralizing the perpetrator(s); to minimize, or cushion the adverse
effects of the crisis incident; and, to ensure a smooth and speedy rehabilitation or return to
normalcy. The performance of crisis management action for terrorist-based crises! management
is done in three stages:

(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.

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B. RELATED TERMS AND CONCEPTS
DISASTER
➢ Refers to an event that causes serious loss, destruction hardship, unhappiness or death.
It is something that falls completely, especially in a way that it is distressing,
embarrassing, or even laughable.
➢ In a broader point of view, DISASTER is a sudden, unforeseen, extraordinary event that
is caused by man or nature resulting to the wide spread of death or injury as well as
serious loss or damage to property.
DISASTER MANAGEMENT
➢ Refers to the systematic handling/dealing with a disaster from the initial stage until its
termination stage using various tools/methods to minimize loss of life, damage to
property, and enhance rehabilitation. It maybe defined also as the range of activities
designed to maintain control over disaster or emergency situations and to provide frame
work (plan) for helping victims to recover from the impact or disaster, and simultaneously
securing potential victims to avoid impact of the disaster. Take note that disaster
management deals with situations that happen prior to, during and after the disaster.
POLICE EMERGENCY
➢ Is a tactical situation related to police works which requires special procedures to be
used by people with special skills to neutralize whatever threat to public safety thus save
life and property.
STATE OF CALAMITY
➢ A condition involving mass casualty and/or major damages to property, disruption of
means of livelihoods, roads & normal way of life of people in the affected areas as a
result of the occurrence of natural or human-induced hazard.
RA 10121
➢ An act strengthening the Philippine Disaster Risk Reduction and Management System,
Providing for the National Disaster Risk Reduction and Management Framework and
Institutionalizing the National Disaster Risk Reduction and Management Plan,
Appropriating Funds Therefor and for other purposes.

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

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Local Disaster Risk Reduction Management Office (LDRRMO) shall be established in every
provinces, cities/municipalities and BDRRMC in every barangays.
LDDRM Fund shall 5% of the estimated revenue of LGU
70% for Disaster & Mitigation
30% Quick Response Fund

Coordinating During Emergencies


▪ Brgy. Development Council if barangay is affected
▪ C/MDRRMC – if 2 or more brgys. are affected
▪ PDRRMC – if 2 or more cities/municipalities are affected
▪ RDRRMC – if 2 or more provinces are affected
▪ NDRRMC – if 2 or more regions are affected

C. HANDLING CRISIS SITUATIONS


1. HOSTAGE-TAKING
➢ Is a situation that set of circumstances wherein a suspected law violator is holding a
person captive with the use of force and threat of violence while the police are in close
contact with the suspect and his captive
MOTIVE IN HOSTAGE-TAKING
1. In political terrorism – include showing the public that the government is unable to
protect its own citizens.
2. It is also guarantees immediate media coverage.
3. Waving nations seek peace after exchange of hostages as a guarantee of reciprocity.
4. In Urban – hostage are taken with little regard for law and order.
5. Law enforcement officers will most likely encounter hostage incidents that involve either
criminals on the mentally disturbed.
6. A husband or wife may take a child hostage in custody battles.
7. A mentally – disturbed person may take hostages in order to right what he believe to be
wrong.
8. Initial reason for hostage-taking may change.
TERMS TO PONDER
1. Hostage – a person or entity who is held by a captor. Someone who is seized by a
criminal abductor in order to compel another party such as a relative, employer, law
enforcement, or government to act, or refrain from acting, in a particular way, often
under threat of serious physical harm to the hostage(s) after expiration of an ultimatum.
2. Hostage Taker – a person or party who seize(s) or hostage(s) is/are known as hostage
takers.
3. Hostage Negotiation – a mutual discussion between authorities and a hostage-taker or
barricaded offender leading to an agreement concerning the release of hostages or the
surrender of the offender.
4. Special Threat –any situation involving a sniper, barricaded criminals, terrorist activity,
or hostage-taker(s) that is beyond the capacity of standard police equipment, manpower,
& training.

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5. Special Reaction Team –refers to any team of military/police personnel (SWAT/SAF)
especially trained, armed, & equipped to contain & neutralize a special threat.
6. Negotiation –the process of interpersonal communication in which interested parties
resolve disputes, agree upon courses of action, bargain for individual or collective
advantage, &/or attempt to craft outcomes which serve their mutual interest. It is usually
regarded as a form of alternative dispute resolution.
CATEGORIES OF HOSTAGE TAKER
1. Professional Hostage Taker
➢ the professional criminal who has his escape blocked during the commission of a
crime.
➢ Usually the easiest type of hostage taker to deal with is the professional criminal.
➢ He is considered a relatively rational thinker who, after assessing the salutation &
weighing the odds, in most cases comes to terms w/ the police & refrains from
unnecessary violence or useless killing.
2. Psychotic Hostage Taker - are mentally ill people who take hostages during a period of
psychiatric disturbance.
3. Person in Crisis- are people who take hostages during a period of prolonged
frustration, despair & problems.
4. Common Criminals – are people who take hostages for personal, rather than
ideological reasons. Reasons why common criminals take hostages: escape, money, &
transportation.
5. Prisoners – are people who take hostages because of dissatisfaction & discontent
regarding their living conditions in prison.
6. Terrorist or Fanatic Hostage Taker – are ideologically-inspired individuals or groups of
people who take hostages because of political & ideological beliefs.
PHASES OF HOSTAGE SITUATION
1. Capture Phase - In terrorists situation, the strike team is brought together and briefed
on the specific primary and alternate targets. They conduct final rehearsals to fine tune
the operation, move to the attack site, & then carry out the plan.
2. Transportation/Consolidation Phase – In some case, the hostage takers have enough
freedom to transport their victim's to a site they deemed adequate as a confinement
area. In other case, the hostage taker are forced or choose to make do with what they
have & remain at or near the capture site, setting up a defensive perimeter.
3. Holding Phase (HP) – known as the “lengthiest phase”. In many ways, this is the safest
phase for the hostage. The situation has had a chance to stabilize. There is little or no
direct action taken by the authorities. The HP is a waiting period and is filled w/
negotiations.
4. Termination Phase – is generally a very tense time for all people involved in the crisis.
The easiest & safest termination for the hostage is a voluntary release followed by
hostage takers surrender. More dangerous is the escape, & most dangerous is the
rescue by an outside force or the killing of the hostages as a means to end the crisis.
MANAGING HOSTAGE SITUATIONS: FOUR MAJOR ACTIVITIES
1. Planning – Consists of work to be performed in order to predetermine a course of victim. It
involves:

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a. Forecasting – Anticipating conditions, problems and opportunities that may be
confronted during and after the incident.
b. Establishing objectives – Determining desired results
c. Establishing priorities – sequence of steps to be followed
d. Scheduling – establishing action commitments
e. Allocating resources – Identifying manpower and equipment required Establishing
procedures – Standardizing ways of performing the work Establishing policy – Providing
answers to important questions and problems which are anticipated.
2. Organizing – Consists of works to be done in order to arrange and relate work so that it can
be accomplished effectively.
a. Structuring work – Identifying and classifying work to be performed and seeing to its
proper implementation.
b. Delegating – Entrusting responsibility and authority.
c. Developing relationships – Creating relationships necessary for mutually cooperative
effort and teamwork.
3. Leading – Work to be performed in order to estimate people to take effective action.
a. Making decisions - Arriving at conclusions and judgment about results. Communicating –
Creating and understanding.
b. Motivating – Inspiring, encouraging and impelling people.
c. Selecting people – Choosing the appropriate skills, attitudes, and experience.
Developing people – Improving the knowledge, attitudes and skills of people.
4. Controlling – Consists of work to be performed in order to assess and regulate work in
progress and which needs to be finished.
a. Developing Performance Standards – Establishing criteria in order to differentiate b/n
acceptable and unacceptable performance.
b. Measuring performance – Recording and reporting work.
c. Evaluating performance – Appraising work and results.
d. Correcting performance – Regulating and improving methods and results.
BASIC PLAN FOR MOST PHYSICAL SITUATIONS
1. Identifying the physical objective – Exact location of the event.
2. Establish an Inner perimeter – To control ingress and egress.
3. Establish an doter perimeter – To restrict vehicular that could conflict police activity.
4. Organizing or Fire and observation team – To provide cover and obtain information
useful in devising a plan of acting and estimates of interaction.
5. Activate the negotiating team - To effectively deal the suspect.
6. Deploy arrest and assault teams – SWAT, assigned of taking the perpetrator into
custody.
7. Maintains Reserve – should be standing by to relieve duty teams or officers.

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2. TERRORIST-BASED CRISIS MANAGEMENT PROCEDURES

PHASES OF HANDLING TERRORIST BASED CRISES MANAGEMENT


1. PREDICT. The first and foremost concern of crisis management is to be able to predict
likee1ihood of crises occurring through the continuous gathering/updating of inputs analysis of
the threat. The inputs consist basically of Intelligence and Events.
a. Intelligence. This involves collection, evaluation, processing, updating dissemination of
information obtained from all possible sources. Intelligence for this management may be
categorized as strategic, tactical and operational.

(1) Strategic Intelligence (International Threat Groups)


(a) Requirements
- Identity of Groups, leaders and members, known travel, recruitment
- Background, organizations, training, financing, logistics: support, weapons
- Usual areas of operation, international connections. state support
- Usual methods of operation
- Likely targets

(b) Sources

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- Police and military
- Diplomatic channels
- Friendly intelligence
- Press
- Clandestine reporting

(2) Tactical Intelligence (Local / operating threat groups)


(a) Requirements (Same as Strategic Intelligence)

(b) Sources
- Police and military
- Intelligence Service
- Captured/surrendered members of threat groups
- Concerned citizens
- Press

(3) Operational Intelligence (Needed for Specific Incident)


(a) Requirements
- Number, location, identities and background of threat groups
- Number, location, identities and background of hostages
- Weapons and explosives in the hands of threat groups
- Detailed information on site of the incident and environs

b) Sources - Observers at scene


- Witnesses at scene when incident began
- Building plans
- Aircraft design plans and airport layout, designers
- Security and maintenance personnel
- Airport and airline personnel
- Released or escaped hostages
- Hostage negotiators
- Technical operators
- Ship design and layout, naval architecture

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

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the form of kidnapping, assassination, ambuscade arson, bombing, takeover of vital or high-
value installations or disruption of important national/international events.

d. The Threat Groups


(a) Political Terrorists
(b) Criminals
(c) Mentally-Damaged Individuals
(d) Religious Extremists

e. Terrorist Characteristics: Common Characteristics:


o They promote fear.
o Usually militarily weaker than the opposing security force.
o Do not necessarily equate tactical with mission success. Publicly may be the main
terrorist objective.
o Highly mobile.
o Exploit the fact that terror is cheap. A few perpetrators with inexpensive small arms can
create disruptions affecting whole nations.
o Possess limited resources.
o Operate most often under cover.
o Believe small groups means security and efficiency.

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

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must be continuously applied. The key to an effective operations security system:
protecting information to provides awareness of the threats and denies the threat group an
opportunity to obtain sensitive information that can be used of installation. Awareness and
training likewise adds to the effectiveness of the program.

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.

c. Physical Security. This pertains to the observance of physical means or measures to


safeguard the installation against sabotage. Physical security encompasses protection of
information, material and personnel against terrorist actions. Sufficient physical security
measures have been devised to ensure the protection of military/police installation in
general Effort must be seriously exerted towards the proper and religious implementation
of these measures. Physical security measures include outer and inner defense barrier
protection, alarm, surveillance and guarding systems, and personnel control system.

C. PREPARE. In addition to the preventive measures being undertaken, all government


agencies, military/police units and installation must have Crisis Management Action Plans to
enable them to react in cases when crisis incidents occur. In general, military/ police
commanders must organize, train and equip special reaction, security and negotiation elements
and provide procedures for their immediate activation when the need arises.
a. Plan. This stage calls for the preparation of appropriate plans to meet all foreseeable
emergencies and crisis situations.
b. Organize. Crisis Management Organizations composed of police, military and
government leaders are established at the national, regional, provincial and municipal
levels to ensure an integrated and coordinated approach towards managing various types
of crisis at all levels.
c. Train. Commanders of units designated to compose the tactical and support units and
negotiation team should periodically conduct training and exercised to ensure its
operational readiness. This requires the regular and progressive conduct of necessary
individual training to enhance the expertise of each participant; as well as scheduled and
unscheduled unit training to develop team work, precision and responsiveness in the
implementation of any crisis contingency plan whether during exercises or in actual crisis
situations.
d. Equip. AFP/PNP special action units shall acquire equipment peculiar to their functions.
State-of-the-art equipment which are specially designed to crisis situations shall be
programmed through the Equipment Outlay Modernization of the AFP.
e. Maintain Readiness. The ultimate manifestation of preparedness is the ability of the AFP
etc to successfully contain any crisis incident as soon as possible with minimum resource

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expanded and minimum losses. To ensure a high state of preparedness, it is necessary
that the AFPIPNP maintain organizational as well as operational readiness.

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LEARNING ASSESSMENT NO.3.1.
NAME: _____________________________ SCORE: ________________

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

2. Discuss the importance of negotiation in handling hostage taking situations. 10points

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.

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EALUATION OF THE COURSE
Name: ______________________________ Date: ______________
Subject/Schedule: _____________________ Score: _____________

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?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
2. What is the most important lesson which I can apply in my daily life?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
3. What are the new insights/discoveries that I learned?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
4. What topic/s do I find least important?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
5. What possible topics should have been included?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

END OF MODULE

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