CRDI 311

SPECIALIZED CRIME
INVESTIGATION 2 WITH
SIMULATION ON INTERROGATION
AND INTERVIEW
TRAFFICKING IN PERSON
Republic Act 9208 - Anti-Trafficking in
Persons Act of 2003

Republic Act 10364 - Expanded Anti-

Trafficking in Persons Act of 2012
 TRAFFICKING IN PERSON
Trafficking in Person or Human Trafficking is
the recruitment, transportation, transfer,
harboring or receipt of people through force,
fraud or deception, with the aim of exploiting
them for profit.
 TRAFFICKING IN PERSON
Trafficking in persons is an illegal act and is
considered a violation of human rights. It has
three (3) inter-related and interdependent
elements for a situation to be considered
trafficking in persons :
 TRAFFICKING IN PERSON
1. ACTS – It involves the recruitment, obtaining,
hiring, providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons with or
without the victim’s consent or knowledge, within or
across national borders;
 TRAFFICKING IN PERSON
2. MEANS – It is committed by use of threat, or use of force,
or other forms or coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the
vulnerability of the person, or the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person; and
 TRAFFICKING IN PERSON
3. PURPOSE – It is done for the purpose of
exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or
services, slavery, involuntary servitude or the
removal or sale of organs.
 TRAFFICKING IN PERSON
The recruitment, transportation, transfer, harboring, adoption
or receipt of a CHILD for the purpose of exploitation or when
the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as “trafficking
in persons” even if it does not involve any of the previously
mentioned means.
 TRAFFICKING IN PERSON
Acts of TIP – includes all acts committed by
any natural or juridical person where all the
three elements of TIP (acts, means, purpose)
are present. Some examples are:
 TRAFFICKING IN PERSON
1. recruitment, hiring, offering, transferring,
harboring or receiving any person for the
purpose of prostitution, pornography, sexual
exploitation, under the pretext of domestic or
overseas employment or apprenticeship;
 TRAFFICKING IN PERSON
2. undertaking or organizing tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and offering
persons for prostitution, pornography or sexual
exploitation;
 TRAFFICKING IN PERSON
3. maintaining or hiring a person to engage in
prostitution or pornography;
4. adopting persons by any form of
consideration for exploitative purposes; and
 TRAFFICKING IN PERSON
5. recruitment, hiring, adopting, transporting,
obtaining, harboring, offering, receiving or abducting
a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person.
 TRAFFICKING IN PERSON
REPORTING OF SUSPECTED/ALLEGED TRAFFICKING
INCIDENT
Who may report - Any person who has any knowledge or
learns of facts or circumstances that give rise to a reasonable
belief that a person will be, or may be, or has been trafficked
shall immediately report the same, either orally, in writing or
through other means.
 TRAFFICKING IN PERSON
REPORTING OF SUSPECTED/ALLEGED TRAFFICKING
INCIDENT
To Whom to Report - To any member of the Inter-Agency
Council Against Trafficking (Council), the barangay
authorities, the nearest police or other law enforcement
agency, the local social welfare and development office or the
local Council for the Protection of Children.
 TRAFFICKING IN PERSON
Action on the Report. - The agency, entity or person
to whom the report is made shall immediately act as
soon as the report is received in coordination with
other relevant government agency for appropriate
intervention by :
 TRAFFICKING IN PERSON
• Taking the statements of persons in possession of
information about a suspected trafficking incident for
the purpose of determining their sufficiency to
support the filing of a case or the conduct of the
necessary law enforcement operation.
 TRAFFICKING IN PERSON
• Conducting further investigation or intelligence
gathering. When the information provided is not
enough to warrant the filing of a case or undertake
the necessary law enforcement operation, the
agency concerned shall conduct further investigation
or intelligence gathering.
 TRAFFICKING IN PERSON
Objectives of a law enforcement operation :
• Rescue, protect and assist the trafficked person;
• Arrest the suspects in the act of committing an offense;
• Seize evidence to support eventual prosecution of the
suspects.
 TRAFFICKING IN PERSON
Financial Investigation of Assets of Traffickers :
• When a person is arrested/investigated in relation to
a violation of the Act, a parallel investigation shall be
conducted in order to determine whether or not such
assets are fruits of his alleged illegal activities.
 TRAFFICKING IN PERSON
• The law enforcement agency or any other concerned
agency may transmit such relevant information
and/or evidence to the Anti-Money Laundering
Council (AMLC)
• The AMLC shall file the petition for the issuance of a
freeze order.
 TRAFFICKING IN PERSON
Rescue - made through, or coordinated with the
concerned police, anti-human trafficking committee
and other authorities of the host country.
Repatriation - primary responsibility of DFA, in
coordination with DOLE and other appropriate
agencies.
 TRAFFICKING IN PERSON
Who may file a complaint?
• The trafficked person or the offended party
• Spouse
• Parents or legal guardians
• Siblings
• Children
• Any person who has personal knowledge of the offense
 TRAFFICKING IN PERSON
What protection is given to trafficked persons?
• Legal Protection
• Free Legal Assistance
• Right to Privacy and Confidentiality
• Witness Protection Program
• Victim Compensation Program
 TRAFFICKING IN PERSON
Trafficking in Persons Illegal Recruitment Human Smuggling
Usually does not involve
May or may not involve
coercion but uses more Usually does not involve
coercion, fraud, deception,
deception, promises and coercion
abuse of vulnerability, etc.
fraud
 TRAFFICKING IN PERSON
Trafficking in Persons Illegal Recruitment Human Smuggling
Characterized by
Characterized by facilitating
subsequent exploitation after
entry of one person from one Characterized by facilitating
the illegal entry of one
country to another through for a fee, the illegal entry of a
person from one place to
an unorganized or person into a foreign country
another or one country to
unlicensed agency
another
 TRAFFICKING IN PERSON
Trafficking in Persons Illegal Recruitment Human Smuggling
There is a need to prove the
Mere recruitment without Proof of illegal entry by non-
presence of exploitation or
license is punishable, no compliance with the
that the recruitment was
need to prove the necessary requirements for
facilitated for the purpose of
consequential exploitation travel
exploitation

Considered a human rights Considered a migration Considered a migration

issue concern concern
 MONEY LAUNDERING
REPUBLIC ACT NO. 9160 - ANTI-MONEY
LAUNDERING ACT OF 2001
REPUBLIC ACT NO. 9194 - AN ACT AMENDING
REPUBLIC ACT NO. 9160
REPUBLIC ACT NO. 10167 - AN ACT FURTHER
AMENDING THE ANTI-MONEY LAUNDERING LAW
 MONEY LAUNDERING
Money laundering is the process of hiding the
source of money obtained from illegal sources
and converting it to a clean source, thereby
avoiding prosecution, conviction, and
confiscation of the criminal funds.
 MONEY LAUNDERING
Three Stages of Money Laundering :
1. Placement - The ‘dirty money’ is introduced into
the financial system. This is often done by breaking
up large amounts of cash into less conspicuous
smaller sums to deposit directly into a bank account.
 MONEY LAUNDERING
Three Stages of Money Laundering :
2. Layering - The launderer moves the funds around to
distance them from their source and disguise the money
trail. He could disguise the transfers as payments for
goods or services or as a private loan to another
company, giving them a legitimate appearance.
 MONEY LAUNDERING
Three Stages of Money Laundering :
3. Integration - The funds are integrated into the
legitimate economy. To use the funds to buy goods and
services without attracting attention from law enforcement
or the tax authorities, the criminal may invest in real
estate, luxury assets, or business ventures.
 MONEY LAUNDERING
Covered Institution refers to:
1. Banks, offshore banking units, quasi-banks,
nonstock savings and loan associations, pawnshops,
and all other institutions, supervised and/or regulated
by the Bangko Sentral ng Pilipinas (BSP).
 MONEY LAUNDERING
2. Insurance companies, insurance agents,
insurance brokers, and all other persons and
entities supervised and/or regulated by the
Insurance Commission (IC).
 MONEY LAUNDERING
3. Securities dealers, investment houses, mutual
funds investment companies, trust funds, transfer
companies and other entities dealing in currency,
commodities or financial derivatives supervised
and/or regulated by the Securities and Exchange
Commission (SEC).
 MONEY LAUNDERING
Unlawful activity refers to any act or omission or series or
combination thereof involving or having relation, to the
following:
• Kidnapping for ransom under Article 267 of the RPC
• Importation, sale, administration, delivery ,distribution
of
prohibited drugs under RA 9165, (Comprehensive
Dangerous Drugs Act of 2002)
 MONEY LAUNDERING
• Directly or indirectly requesting or receiving any gift,
present, share, percentage or benefit under the of RA 3019,
as amended, (Anti-Graft and Corrupt Practices Act)
• Plunder through misappropriation, conversion, misuse or
malversation of public funds or raids upon the public
treasury under RA 7080, as amended
 MONEY LAUNDERING
• Robbery and extortion under of the RPC, as
amended;
• Juetengand masiao punished as illegal gambling
under PD 1602
• Piracy on the high seas under the RPC, as amended
and PD 532
 MONEY LAUNDERING
• Qualified theft under Article 310 of the RPC
• Swindling 'under Article 315 of the RPC as amended
• Smuggling under RAs 455 and 1937
• Hacking or cracking under RA 8792, (Electronic
Commerce Act of 2000)
 MONEY LAUNDERING
• Hijacking and other violations under RA 6235;
destructive arson and murder, under the RPC
including those perpetrated by terrorists against non-
combatant persons and similar targets
 MONEY LAUNDERING
• Fraudulent practices and other violations under RA
8799, (Securities Regulation Code of 2000)
• Felonies or offenses of a similar nature to the afore-
mentioned unlawful activities that are punishable
under the penal laws of other countries.
 MONEY LAUNDERING
Money Laundering is committed by the following:
a) Any person knowing that any monetary instrument
or property represents, involves, or relates to, the
proceeds of any unlawful activity, transacts or
attempts to transact said monetary instrument or
property.
 MONEY LAUNDERING
b) Any person knowing that any monetary instrument
or property involves the proceeds of any unlawful
activity, performs or fails to perform any act as a
result of which he facilitates the offense of money
laundering referred to in paragraph (a).
 MONEY LAUNDERING
c) Any person knowing that any monetary
instrument or property is required under this Act
to be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so.
 MONEY LAUNDERING
The Anti Money Laundering Council is composed of the :
1. Governor of the Bangko Sentral ng Pilipinas as
Chairman,
2. Commissioner of the Insurance Commission, and
3. Chairman of the Securities and Exchange Commission
as members.
 MONEY LAUNDERING
Jurisdiction in Money Laundering Cases :
• Regional Trial Courts - all cases on money
laundering.
• Sandiganbayan - committed by public officers and
private persons who are in conspiracy with such
public officers.
 MONEY LAUNDERING
Prosecution of Money Laundering :
• AMLC finds, after investigation, that there is probable
cause to charge any person with a money laundering
offense
• AMLC files a complaint before the DOJ or the
Ombudsman, which shall then conduct the preliminary
investigation of the case.
 MONEY LAUNDERING
The AMLC shall investigate:
(a) Suspicious transactions;
(b) Covered transaction deemed suspicious after an
investigation conducted by the ALMC;
(c) Money laundering activities;
(d) Other violations of the Act.
 CYBER CRIME
Republic Act No. 8792 - Electronic
Commerce Act
Republic Act No. 10175 - Cybercrime
Prevention Act of 2012
 CYBER CRIME
Cybercrime is defined as an unlawful action
against any person using a computer, its
systems, and its online or offline applications. It
occurs when information technology is used to
commit or cover an offense.
 CYBER CRIME
Types of Cybercrimes
1. Phishing refers to emailing or contacting someone
by pretending to belong to a well-known and famous
organization. Cybercriminals use phishing to lure
people into providing sensitive information like credit
card details and addresses.
 CYBER CRIME
2. Cyber extortion is a crime where someone holds
your data hostage till your company pays the ransom.
They often gain this access by sending suspicious
emails containing malware—malicious software—that
hijacks your computer.
 CYBER CRIME
3. Data breaches can happen by accident or
intentionally. Poor technological firewalls and reckless
employee behavior can result in a data breach. Often,
hackers use phishing emails and malware to steal
sensitive and confidential information, resulting in a
data breach.
 CYBER CRIME
4. Identity theft happens when a person pretends to
be someone else to commit fraud. Cybercriminals
steal your personal information, like identity cards,
credit cards and the like, to make transactions. The
most common type of identity theft is financial identity
theft.
 CYBER CRIME
5. Harassment includes bullying, stalking and the
like. Sometimes insiders use confidential information
to bully the business owner. Other times, outside
cybercriminals use the information to threaten
individuals.
 CYBER CRIME
Republic Act No. 8792 (Electronic Commerce Act)
penalizes :
a. Hacking or cracking which refers to unauthorized
access into or interference in a computer
system/server or information and communication
system;
 CYBER CRIME
b. Piracy or the unauthorized copying,
reproduction, distribution, importation, use of
protected material, electronic signature or copyrighted
through the use of telecommunication networks, such
as, but not limited to, the internet.
 CYBER CRIME
Republic Act No. 10175 (Cybercrime Prevention Act of
2012) focuses on the pre-emption, prevention, and
prosecution of cybercrimes such as offenses against the
privacy, confidentiality, integrity, and availability of
computer data and systems, computer-related offenses,
and content-related offenses.
 CYBER CRIME
Offenses under the Cybercrime Prevention Act of
2012:
1. Offenses Against Confidentiality, Integrity, and
Availability of Computer Data and Systems
• Illegal Access – without any right to access
• Illegal Interception – without right for transmission of data
 CYBER CRIME
• Data Interference – intentional alteration of data
• System Interference – intentional alteration of
functioning of computer
• Misuse of Devices – sale or use of a device without right
• Cyber Squatting – acquisition of a domain name in bad
faith to profit
 CYBER CRIME
2. Computer-Related Offenses
• Forgery – alteration or deletion of data without right
• Fraud – unauthorized input or alteration of data
• Identity Theft – intentional use of identifying
information of another person
 CYBER CRIME
3. Content-Related Offenses
• Cybersex – willful engagement of lascivious
exhibition of sexual organs or activity.
• Child
Pornography – representation by electronic
means of a child engaged in sexual activities
 CYBER CRIME
• Unsolicited Commercial Communications -
transmission of communication which seek to
advertise the sale of products and services
• Libel - malicious imputation of a crime committed
through a computer system
 CYBER CRIME
Other Offenses
• Aiding or abetting in the commission of
Cybercrime
• Attempt in the commission of Cybercrime
 CYBER CRIME
Cybercrime Investigation is the process of
investigating, analyzing and recovering critical
forensic digital data from the networks involved in
the attack—this could be the Internet and/or a
local network—in order to identify the authors of
the digital crime and their true intentions.
 CYBER CRIME
Cybercrime investigation techniques
• Performing background checks
• Gathering information
• Running digital forensics
• Tracking the authors of a cyber crime
 CYBER CRIME
Tools required for cybercrime investigation
1. X- way forensics - image forensic tool to clone
and image data, files, and raw pictures from a device.
2. Sleuth kit - used for data collection and recovery.
3. Imager FTK - software to retrieve data from the
target device.
 CYBER CRIME
4. Oxygen detective forensic software - to access digital
devices for data and evidence collection.
5. Bulk extractor program - emails, credit card information,
URLs, images, or histories.
6. Digital forensics - keep track of the suspect’s device
activity.
 TERRORISM

Republic Act No. 9372 - Human Security

Act of 2007 which was repealed by -
Republic Act No. 11479 - The Anti-
Terrorism Act of 2020
 TERRORISM

Republic Act No. 9372 - Human Security

Act of 2007
Punishable acts :
• Piracy in General and Mutiny in the High Seas or in
the Philippine Waters;
 TERRORISM
• b. Rebellion or Insurrection;
• c. Coup d’Etat
• d. Murder;
• e. Kidnapping and Serious Illegal Detention;
• f. Crimes Involving Destruction or under Special
Laws
 TERRORISM

Purpose - by sowing and creating a condition

of widespread and extraordinary fear and panic
among the populace, in order to coerce the
government to give in to an unlawful demand.
 TERRORISM
Republic Act No. 11479 - The Anti-Terrorism Act of
2020
Punishable acts:
• Engaging in acts intended to cause death or serious
bodily injury to any person or endangers a person's
life;
 TERRORISM
• Engaging in acts intended to cause extensive
damage or destruction to a government or public
facility, public place, or private property;
• Engaging in acts intended to cause extensive
interference with, damage, or destruction to critical
infrastructure;
 TERRORISM
• Developing, manufacturing, possessing,
acquiring, transporting, supplying, or using
weapons; and
• Releasing dangerous substances or causing
fire, floods or explosions.
 TERRORISM
Purpose - to intimidate the general public, create an
atmosphere to spread a message of fear, provoke or
influence by intimidation the government or any international
organization, seriously destabilize or destroy the fundamental
political, economic, or social structures in the country, or
create a public emergency or seriously undermine public
safety.
 TERRORISM

Terrorism refers to criminal acts intended or calculated to

provoke a state of terror in the general public, a group of
persons or particular persons for political purposes are in any
circumstance unjustifiable, whatever the considerations of a
political, philosophical, ideological, racial, ethnic, religious or
any other nature that may be invoked to justify them.
 TERRORISM

Terrorism and Organized Crime

Terrorism – to intimidate, by committing crimes, a population
or compel a government or international organization in order
to achieve political or social objectives
Organized Crime - to obtain, by means of violence and
coercion, financial or other material benefits
 TERRORISM

Kinds of Terrorist Groups :

1. National – within a single nation (Abu Sayyaf)
2. Transnational – across national boarders (Al Qaeda)
3. International – controlled by and whose action represent
the interest of a sovereign state (Abu Nidal by Libya and
Syria)
 TERRORISM
Specific Types of Terrorism
• Left-Wing Extremism - to see the creation of a nation in
which the means of production will be commonly owned.
• Right-Wing Extremism – to form a strong central
government that owns the means of production and rigidly
controls the lives of its residents.
 TERRORISM
• Single-Issue or Special Interest Terrorism -
the most bothersome terrorism problem
because they will likely be responsible for the
greatest number of incidents.
 TERRORISM
• Religious Terrorism - refers to the use of
extreme violence by religious fanatics for the
purpose of forcing changes in the government or on
the part of the population.
 TERRORISM
• National or Ethnic Terrorism - use of force and
violence to forge a homeland for their ethnic or
national group and are considered domestic
terrorists because their battle is with the
government that controls the area where their group
resides.
 TERRORISM
• Race-Based or Hate Terrorism – the hate group
must commit violent attacks against those they
despise by reason of race, nationality, creed,
sexual orientation, or age, in an effort to cause
them extreme fear.
 TERRORISM
• Narco-terrorism - use of extreme force
and violence by producers and distributors
of narcotics against a government or
population, intended to coerce that body to
modify its behavior in their favor.
 TERRORISM
• Computer or Cyber-Terrorism – attack on the
computer which can have an impact on many people
if the attack is designed to destroy or alter data, or to
cause something to malfunction or fail, it can
certainly cause fear.
 TERRORISM

Common Tactics :
1. Bombing 5. Kidnapping
2. Arson 6. Hostage-Taking
3. Hijacking 7. Assassination
4. Ambush
 TERRORISM
Areas with Impact on Terrorism :
• Communications – telephones, cellphones,
radio, television
• Technology – computer, internet, email
 TERRORISM
• Weapons – conventional (guns and
explosives) and weapons of mass destruction
(atomic bomb and chemical weapons)
• Transportation – high-end vehicles and
sophisticated modes of transportation
 TERRORISM
Investigators should ‘know thy enemy’
• philosophy of the terrorist organization
• structure and functions
• how members are governed and controlled
• how they relate to other members of the organization.
 TERRORISM
Investigative Techniques :
1. Interview - different methods can be used ranging
from straightforward questions to the use of devious
tactics. If the subject is the target of an investigation,
as opposed to being a witness or victim, he must be
advised of his constitutional rights.
 TERRORISM
2. Polygraph test
3. Records Check – medical, employment, financial,
directories and internet
4. Surveillance - visual observation of a person or
targeted location for the purpose of developing
information that can ultimately lead to a prosecution
 TERRORISM
5. Informant - individual who covertly provides accurate
information to a law enforcement agency on a continuing
basis. Also referred to as sources, contacts, and
assets.
6. Trash cover - recovery of discarded materials or
going through a person’s garbage at his residence
or employment.
 TERRORISM
7. Pretext Call - investigator calls the subject or
someone close to the subject to elicit information
without telling the recipient that the caller is the
investigation and this should used with care because
it is not always possible to know with whom the officer
is speaking.
 TERRORISM
8. Physical Evidence - anything that provides
material information on which a conclusion or
proof may be based. It consists of information
provided by witnesses and by facts developed from
real objects.
 TERRORISM
9. Crime Scene - protected from contamination so
that evidence is not tainted or lost. The witnesses
must also be identified at such location.
10. Investigative Task Force - trust, sharing and
total cooperation among member agencies.
 TERRORISM
11. Undercover Operation - law enforcement
officer operates in a covert mode for the
purpose of developing intelligence about illegal
activities. It is complex, time- and manpower-
consuming, and dangerous.
 TERRORISM
12. Technical or the sophisticated and
sensitive techniques - the most intrusive
techniques because they invade a person’s
privacy to a certain extent. Wiretaps,
microphone, tracking devices are some
examples.
 HUMAN RIGHTS
Human rights
• rightsinherent to all human beings, regardless of
race, sex, nationality, ethnicity, language, religion, or
any other status.
• everyone is entitled to these rights, without
discrimination.
 HUMAN RIGHTS
• include the right to life and liberty, freedom
from slavery and torture, freedom of opinion
and expression, the right to work and
education, among others.
 HUMAN RIGHTS
Civil Rights –rights which the law will enforce at the
instance of private individuals for the purpose of
securing to them the enjoyment of their happiness.
Political Rights –rights which enables the citizens to
participate in running the affairs of the government
either directly or indirectly.
 HUMAN RIGHTS
Economic, social and cultural rights
• the right to work in just and favorable
conditions;
• right to education and enjoyment of benefits of
cultural freedom and scientific progress;
 HUMAN RIGHTS
• the right to social protection, adequate
standard of living and highest attainable
standards of physical and mental well-being.
 HUMAN RIGHTS
Civil and political rights
•freedom of movement;
•equality before the law;
•fair trial and presumption of innocence;
 HUMAN RIGHTS
• freedom of thought, conscience and religion;
• freedom of opinion and expression;
• peaceful assembly;
• freedom of association;
• participation in public affairs and elections;
 HUMAN RIGHTS
Three constitutional commissions under the
1987 Constitution
• Commission on Elections (COMELEC)
• Civil Service Commission (CSC)
• Commission on Audit (COA).
 HUMAN RIGHTS
Commission on Human Rights - an independent
constitutional office created under the 1987
Constitution of the Philippines, with the primary
function of investigating all forms of human rights
violations involving civil and political rights in the
Philippines.
 HUMAN RIGHTS
According to the Supreme Court, the CHR -
• not among the class of Constitutional Commissions.
• no power of adjudication but only investigatory
functions.
 HUMAN RIGHTS
United Nations Convention against
Transnational Organized Crime (2000)
• legally-binding instrument through which States
parties commit to taking a series of measures
against transnational organized crime.
 HUMAN RIGHTS
• includes the creation of domestic offences to
combat the problem, the adoption of new,
sweeping frameworks for mutual legal
assistance, extradition, law enforcement
cooperation and technical assistance, and
training.
 HUMAN RIGHTS
• defines organized crime groups broadly,
encompassing most forms of profit-motivated
crime such as drugs, trafficked persons,
smuggled migrants, firearms, and wildlife.
 HUMAN RIGHTS
Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and
Children (2003)
• establishes the first common international
definition of "trafficking in persons".
 HUMAN RIGHTS
• Trafficking In Persons include a range of cases
where human beings are exploited by organized
criminal groups, particularly where there is an
element of duress involved and a transnational
aspect, such as the movement of people across
borders.
 HUMAN RIGHTS
• intended to prevent and combat such crime and
facilitate international cooperation against it.
• highlights the problems associated with trafficking
in persons that often leads to inhuman, degrading
and dangerous exploitation of trafficked persons.