CONFLICT MANAGEMENT:

Basic Concepts, Legal

Processes and Procedures

Atty. Michael Jhon M. Tamayao

Topics
1. Introduction to Conflict Management
2. Legal Principles related to Conflict
Management
3. Basic Concepts on Administrative Cases
4. Procedure for Administrative Cases
5. Case Problems
Objectives
At the end of the discussion, the participants
must be able to:
Discuss the meaning of conflict management;
Identify basic legal principles regarding
resolution of conflict;
Familiarize themselves with the basic procedure
in administrative cases; and
Analyze cases using basic legal concepts and
procedures.
Introduction to
Conflict
Management
 Conflict Management

"The best general is the one who never fights ."

--Sun Tzu, Chinese military strategist
 KEY POINT
There is nothing I can teach you
to handle the other person it is
all about handling yourself well
in difficult situations.
LETS DO AN
ACTIVITY
CHOOSE THE ANIMAL THAT BEST
REPRESENT YOU
High
Importance

R
E
L
A
T
I
O
N
S
H
I
P
S
Low GOALS High
Importance Importance
 Conflict Handling Styles
Shark -competing
Fox -compromising
Turtle -avoiding
Teddybear -accomodating
Owl -collaborating
 Conflict
Happens in all spheres of
life
At different levels
- Micro level
intra-personal
- Macro level
international
 Misconceptions About Conflict*

Harmony is normal and conflict is

abnormal.

Conflict can be eliminated.

Conflict is the result of personality

problems.

Conflict and anger are the same thing.

Sources
Sources of
of Conflict
Conflict
 Types of
Conflict
Concern
Goals
Resources
Power
Ideology
Norms
Relationships
Conflict Resolution
Conflict Management Style:
1. Dominating Style
2. Accommodating Style
3. Compromising Style
4. Collaborative Style
5. Avoidant Style
 Management Disposition Motive When to apply
Style

Conflict Resolution
Domination Overpower Relationships Survival; limited
are of low resources; time is
importance of the essence
Accommodati Give in Relationships You are wrong;
on are more Issue is more
important than important to the
goals other party;
harmony is
important to
preserve
Avoidance Withdrawal Own goals are Initial stages;
more emotional
important
Compromisin Give and Look for a Individuals of
g Take common equal status;
ground temporary
settlement for
complex issues
 Management Disposition When to apply
Style
Domination Overpower - Survival
- Limited resources
- Time is of the essence
Accommodatio Give in -You are wrong
n - Issue is more important to
the other party
-harmony is important to
preserve
Avoidance Withdrawal -Initial stages
-Emotional
Compromising Give and -Individuals of equal status
Take -temporary settlement for
complex issues

Collaborative Commitmen - When there is high level of

t trust and commitment
Answer
Conflict Management
Styles (high)

Dominating Collaborating
Assertiveness

Compromising
(low)

Avoiding Accommodating
(low) (high)
Cooperativeness
 Phases of Conflict
Management*
Collect data: know the cause and remain
objective.

Probe: ask open-ended questions and listen

actively.

Save face: work toward a win/win result.

Common interests: redefine the conflict.

Reinforce: give support to common ideas.

Negotiate: suggest partial solutions or

compromises.
*
(Johnson & Johnson, 1994)
Actions to Avoid in Conflict
Resolution
Do not avoid the conflict, hoping it will
go away.
Do not meet separately with people in
conflict.
Do not believe, for even a moment, the
only people who are affected by the
conflict are the participants.
Legal Principles
Relevant to
Conflict
Management
State Policy
Rule of Law
Due Process
The State endeavors to provide a fair,
speedy, inexpensive, and expeditious
resolution of disputes;
To restore the disrupted harmonious and
friendly relationships between or among
the parties;
State Policy
fair, speedy, inexpensive, and
expeditious resolution of
disputes
Avoid court litigations
Save time and money
Resort to more amicable and non-
adversarial settlement of disputes
State Policy
fair, speedy, inexpensive, and
expeditious resolution of
disputes
Mediation
Conciliation
Arbitration
Administrative
Cases
Problem
Mr. Pedro is an office employee of Dep. X.
Engr. Juan is the immediate supervisor.
Mr. Pedro has a propensity to be always out of
office resulting in his failure to perform his
duty.
There were again complains about his
incompetence in the performance of his
essential duties due to habitual drunkenness
even during office hours.

What should Engr. Juan do?

Answer
Talk to him in private. AND/OR
Issue a memorandum reminding Mr. Pedro of
his duty and the legal consequences of his
actions.
He must also ask Mr. Pedro to explain all the
charges against him and explain why no
sanctions should be imposed on him.
Problem
1. Why should Mr. Pedro explain himself?
2. Isnt it better if Engr. Juan issue an order of
immediate dismissal?
Answer
1. Due Process of Law.
Memorandum is a notice to Mr. Pedro.
That Mr. Pedro has to explain entails his right to
be given opportunity to be heard.

2. No. He will violate the right of Mr. Pedro and

be liable for damages.
Problem
Mr. Pedro ignored the memorandum.
This prompted Engr. Juan to file a complaint.
Mr. Pedro filed a Comment containing the
following:
May I inform your good Office that I met a vehicular
accident sometime in February 2013 and sustained broken
legs and due to the cold weather in the past months
(January and February),the pains of my injuries
recurred and because I could no longer bear the
severe pains, I resorted to occasional drinking
liquor just to ease myself from such extreme
pains,your Honor. That my immediate supervisor , Engr.
Juan was unaware of my present ailment and he might
have misunderstood my acts as a sign of disrespect to him
and to the Court and negligence on my job. My apologies,
therefore, to my boss and to this Honorable Committee.
Will the Committee dismiss the case?
Answer
No.
It is unacceptable.
Offenses
Grave

Less Grave

Light
Grave (punishable by
dismissal)
Gross Neglect of Duty
Being Notoriously Undesirable
Physical or mental incapacity or disability due
to immoral or vicious habits
Grave Misconduct
Conviction of a crime involving moral turpitude
Falsification of official document
Bribery
Nepotism
Grave (punishable by Suspension)
Disgraceful and immoral conduct
Inefficiency and incompetence in the
performance of official duties
Frequent unauthorized absences, or tardiness
in reporting for duty, loafing from duty during
regular office hours
Refusal to perform official duty
Gross Insubordination
Less Grave (suspension up to
6mos)
Habitual Drunkenness;
Simple Neglect of Duty;
Simple Misconduct;
Discourtesy in the course of official duties;
Insubordination;
Unfair discrimination
Failure to file SALN
Light (Reprimand)
Simple discourtesy
Improper or unauthorized solicitation
Frequent unauthorized tardiness (Habitual
Tardiness)
Refusal to render overtime service
Gambling prohibited by law
Borrowing money by superior officers from
subordinates
Problem
Mr. Pedro and Engr. Juan are employees of Dept. X.
Engr. Juan is the superior officer and Mr. Pedro is
his subordinate.
Engr. Juan borrowed money from Mr. Pedro.
The former have not paid for sometime already so
Mr. Pedro started demanding but to no avail.
Mr. Pedro filed a complaint against the Engineer.

If you are the disciplining authority, what should

you do?
Answer
Upon the receipt of the complaint, I will first
ask them if they want to settle it through a
Compromise Agreement.
The offense or complaint is purely personal,
so it may be settled without going through all
the stages of an administrative proceeding.
Settlement of Administrative Cases
Offense

Purely Injury to
Personal Govt
Settlement of Administrative Cases
Offense

Purely Injury to
Personal Govt

Light Offense

COMPROMISE
AGREEMENT
Light Offenses subject to Compromise
Agreement:
1. Borrowing money by superior officers from
subordinates;
2. Willful failure to pay just debts;
3. Simple Misconduct resulting from
misunderstanding/fighting between respondent and
complainant provided that the act is not committed
within office premises;
4. Discourtesy in the course of official duties;
5. Grant of back salaries and other benefits and
6. Other analogous circumstances/cases.
Procedure in Compromise/Settlement
Filing of
Complaint
Determination by disciplining
authority if case is purely
personal
Answer by respondent (willing to
settle)
Appearance before the Action
Officer
Settlement/Compromise Investigati
Agreement on
Decision of disciplining
authority
Sexual Harassment
A. Grave Offenses shall include, but are not limited to:

1. unwanted touching of private parts of the body
(genitalia, buttocks and breast);
2. sexual assault;
3. malicious touching;
4. requesting for sexual favor in exchange for
employment, promotion, local or foreign travels,
favorable working conditions or assignments, a
passing grade, the granting of honors or scholarship,
or the grant of benefits or payment of a stipend or
allowance, and
5. other analogous cases.
Sexual Harassment
B. Less Grave Offenses shall include, but are not
limited to:

1. unwanted touching or brushing against a
victims body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or
innuendoes directed toward the members of one
sex, or ones sexual orientation or used to
describe a person;
4. verbal abuse with sexual overtones; and
5. other analogous cases.
Sexual Harassment
C. The following shall be considered Light Offenses;

1. surreptitiously looking or staring a look of a persons private
part or worn undergarments;
2. telling sexist/smutty jokes or sending these through text,
electronic mail or other similar means, causing embarrassment or
offense and carried out after the offender has been advised that
they are offensive or embarrassing or, even without such advise,
when they are by their nature clearly embarrassing, offensive or
vulgar;
3. malicious leering or ogling;
4. the display of sexually offensive pictures, materials or graffiti;
5. unwelcome inquiries or comments about a persons sex life;
6. unwelcome sexual flirtation, advances, propositions;
7. making offensive hand or body gestures at an employee;
8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing
discomfort, embarrassment, offense or insult to the receiver; and
Problem
X, a beautiful lady, is an employee of Dept A.
Y is his direct supervisor.
There is an opening for promotion.
X applied but her application was rejected.
Y asked her if she could be with him on a
date, out of town for three days.

Is there sexual harassment?

Answer
Yes.
Requesting for sexual favor.
Language and circumstances are laden with
sexual connotation.
Sexual Harassment (PROCEDURE)
Alleged
Sexual Court of
Harassment Appeals

CODI
Committee on Supreme
Decorum and Court
Investigation

Civil Service
Commission
Sexual Harassment (Within the Dept)
Alleged
Sexual Court of
Harassment Appeals

CODI
Committee on Supreme
Decorum and Court
Investigation

Civil Service
Commission
Sexual Harassment
Filing of
Complaint Formal Charge

Disciplining Answer
Authority
Preventive
CODI Suspension
Filing of Formal
Counter- Investigation
Affidavit Prehearing
Preliminary Conference
Investigation Preliminary
Investigation
Investigation For mal
Report Investigation
Decision/Resoluti Report
on Decision
Administrative Liabilities
a. The head of the office who fails to act
within fifteen (15) days from receipt of
anycomplaint for sexual harassment properly
filed against any employee of the office
shallbe charged with Neglect of Duty.
Administrative Liabilities
b. Any person who is found guilty of sexual harassment

1. For light offense

1stoffense - Reprimand
2ndoffense - Fine or suspension not exceeding thirty (30)
days
3rdoffense - Dismissal

2. For less grave offense

1stoffense - Fine or suspension of more than thirty (30) days
and not exceedingsix (6) months
2ndoffense Dismissal

3. For grave offense - Dismissal

Construction
Dispute
CIAC
Construction Industry Arbitration Commission
Original and exclusive jurisdiction over construction
disputes in the Philippines including those involving
government or private contracts
Ex.
violation of specifications for materials and workmanship;
violation of the terms of agreement;
interpretation and/or application of contractual provisions;
amount of damages and penalties;
commencement time and delays;
maintenance and defects;
payment default of employer or contractor and changes in
contract cost.
CIAC
Coverage: Construction contracts between or
among parties to, or who are otherwise bound
by, an arbitration agreement
Parties may submit their construction
dispute to arbitration.
CIAC
When arbitration cannot proceed
The contract between the parties has no
arbitration clause and the parties cannot agree
to submit the dispute(s) to arbitration

Confidentiality of proceedings
The arbitration proceedings shall be considered
confidential and shall not be published
If violated, it may result to disbarment or
disciplinary action
 Complaint with Request for
Arbitration

Agreement to Arbitrate

Answer/Counter-Claims

Formation of Panel of Arbitrators

Preliminary Conference

Arbitration Proceedings

Interim Reliefs

Arbitration Award

Execution of Award
 Tips to Keep in
mind
Don't get defensive. See point directly
above.

Remove your ego from conflict.

Don't maintain constant eye contact.

If things get out of control, become too

heated, or are going nowhere, it might be a
good idea to suggest that the issue be
addressed at a later date
 PAGE 23

Your personal power

comes from...

Stimulus GAP Response

Ideal You
Not the person you are now, but the person
you want to become!
THANK YOU!