SYLLABUS

Course Code: CDI

Course Title: Organized Crime Investigation

Course Description

The study of the nature of organized crimes, their attributes and categories. It
includes international and local organized groups. This also focuses on crimes
committed by a person, group of persons, or corporations while undertaking legitimate
profession or business occupation.

No of Units: 3

No. of Hours Per Week: 3

 Chapter 1

DEFINITION AND NATURE OF ORGANIZED CRIME

A. Definition

Organized Crime. Any crime committed by a person occupying, in an

established division of labor, a position of crime providing
that such division of labor includes of at least one position for the
corruptee and one position for the enforcer.

A crime in which there is more than one offender, and the

offenders are and intended to remain associated with one another
for the purpose of committing crime.

Organized Criminal Group. A structural group of three or more persons

existing for the period of time and acting in concert, with the
aim of committing one or more serious crimes or offenses
established in accordance with this conviction in order to
obtain, directly or indirectly, a financial or other material benefit
(UN Convention Against Transnational Organized Crime. 2000).

B. Attributes of an Organized Crime

1. It has no political goals. An OC group is not motivated by social doctrine,

political beliefs, or ideological concerns; its goals are money and power.

2. It is Hierarchical. An OC group has a vertical power structure with at

least three (3) permanent ranks- not just a leader and followers—each with
authority over the levels beneath.

3. It has limited or exclusive membership. An OC group significantly limits

membership. Qualification may be based on ethnic background, kinship,
race, criminal record, or similar considerations.

4. It constitutes a unique subculture. OC view themselves as distinct from

conventional society which they frequently view with derision if not
contempt, and therefore not subject to its rules.

5. It perpetuates itself. An OC group constitutes an ongoing criminal

conspiracy designed to persist through time; that is beyond the life of
current membership. Permanence is assumed by the members, and this
provides an important basis for attracting qualified persons to the group.
Thus perpetuating the group’s existence.

6. It has willingness to use illegal violence and bribery. In an OC group,

violence is readily available and routinely accepted resource. Access to
private violence is an important dimension that pursues its goals. When
necessary, the OC group will resort to bribery to protect its operations and
members.
 7. It has specialization/ division of labor. An OC group have certain
functional positions filled by a qualified members such as:

a) Enforcer- caries out difficult assignments involving the use of violence,

including murder, in a rational manner.
b) Fixer- excels in developing contacts with criminal justice or political
officials and when appropriate, arranges for corruption.
c) Moneymover- an expert in “laundering” illicitly obtained money,
disguising its origin through a string of transactions and investing it in
legitimate enterprises.
d) Intelligence analyst

8. It is monopolistic. An OC group eschews competition. It strives for

hegemony over a particular geographical area, a particular “industry”
legitimate or illegitimate, or a combination of both.

9. Governed by rules and regulations. An OC group, like a legitimate

organization, has a set of rules and regulations that members are expected
to follow.

C. Structure of Organized Crime

1. The bureaucratic/ Corporate Model

Attributes:
a) A complicated hierarchy
b) An extensive division of labor
c) Positions assigned on the basis if skills
d) Responsibilities carried out in an impersonal manner
e) Extensive written rules and regulations
f) Communication from top of the hierarchy to persons on the bottom,
usually in the written form

2. Patrimonial/ Patron- Client Networks

Chapter 2

THE TRANSNATIONAL ORGANIZED CRIME

A. Introduction

Transnational refers to the borders defining territorial boundaries of nations.

The relationships of these nations beyond their borders are treated as transnational
business. Whether it is legitimate or illicit.

Transnational Crime according to Bossard, transnational crime is an activity that

is considered a criminal offense by at least two countries. It is as much a political as
legal problems, that the phenomenon is largely influenced by the development of the
world problems, and that it takes advantage of all forms of progress, especially in
international transport; telecommunication and computers.

United Nations, defined transnational crimes as, offenses whose inception,

prevention and/or direct or indirect effects involved more than one country.

On its convention on Transnational Organized Crime (Article 3:2), it

declared that an offense is transnational if it:

1. Is committed in more than one state;

2. In one state but a substantial part of its preparation planning, direction or
control takes place in another state
3. Is committed in one state but involves an organized crime group that
engages in criminal activities in more than ne state, or
4. In one State but has substantial effects in another state.

Passas suggested that Transnational Crime is serious enough to warrant State

intervention, and similar to other kinds of acts immortalized by the countries concerned
or by International Law, and where offenders or victims find themselves in or operated
through different jurisdictions.

Transnationalism is focused on non-state transnational actors, out of the

popularist theories of the "state and its decision making process". These theorists argued
that political outputs resulted from competition among different interest groups. This is
a challenge to conventional realist assumptions about the Nation-State as the principal
actor in the international system.

Variety of transnational actors played significant roles in international relation.

The actors might be government bureaucrats or their agencies, which often establish ties
with their counterparts in other countries, or they could be private actors pursuing their
interest in different countries. It was argued that the communications and actions of
transnational actors greatly affected international political outcomes. At times,
transnational actors could take actions running counter to their own countries interest.

Transnational actors engage in a whole host of cross-boarder activities

and process, involving the movement of money, information, and people across
frontiers. Transnational process is a process whereby international relations
conducted by government have been supplemented by relations among private
individuals, group and societies that can and do have important consequences
for the course of event.
 Transnational organizations seek to mobilize their resources and optimize
their strategies to effectively penetrate the territories in which they operate. They
have a direct link to multinational corporations, also termed transnational
corporations. It was argued that the exploitation by transnational corporation on
poor countries established dependency relationships, resulting in
underdevelopment of dependent economies, and rampant political corruptions
among the elite of dependent countries.

The 5th United Nation Congress on crime prevention in 1975 put it that
transnational corporations breeds economic crimes in the understanding by
dependency theorists, but on broader sense, transnational crimes include
narcotics trafficking, smuggling of illegal aliens, arms smuggling, frauds and
terrorism. As to late, transnational crimes as seen both theoretically and
practically are border crimes that had become key security issue for policy
makers and law enforcement agencies. Efforts are increasingly shifted from
domestic organized crime to the international arena.

Now, it becomes an everyday lexicon not only of criminologist but also to

policy makers, law enforcement officials and the public. Specialist and non-specialist
alike commonly employ the term. Yet, transnational crime is not yet a legal concept.
It lacks the precise judicial meaning. It remains a concept within criminology that
describes social phenomena. The term is also sociologized, because it concerned with
understanding criminal groups or networks, and political, because transnational
criminal actors operate within an international environment structured by Nation-
States and by politics. The distinction between transnational and international crimes
is particularly blurred. International crimes are crimes prohibited by International
Laws, norms, treaties, and customs, whereas, transnational crimes are especially
concerned with acts criminalized by laws of more than one country.

B. Nature of Transnational Organized Crime

Transnational crimes are not limited to Drug trafficking, human smuggling,

terrorism, piracy and cyber crimes but to all acts inimical to the welfare of
states/countries especially if perpetrated by no less than foreigners. It is also committed
with several motives: political influence, economic gain and social control in a global
scope.

.
C. Types of Transnational Organized Crimes

Historical Types of Transnational Crime

1. Force Labor and Slavery. Refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of authority or moral ascendency, debt-
bondage or deception. White Slavery is engagement in the business for profit, or
enlistment of services of any other person for the purpose of prostitution. By the end of
17th century the slavery trade was not only unlawful but desirable branch of commerce,
a participation in which was made the objects of wars, negotiations, and treaties
between different European States.

2. Piracy- It is a robbery or forcible depredation on the high seas, without lawful

authority and done with animo furandi ( In Roman Law, the focus is on the
unauthorized use of property and not on the intent) and in the spirit and intention of
universal hostility. Or the unauthorized use of another’s production, invention or
conception especially in infringement of a copy right. Like slavery, piracy was employed
 by both Nation-States and private actors for economic gain and has also been
criminalized under international and domestic laws. In the middle ages, European
Countries used piracy as a tool of state policy. But in general, most countries cooperated
with pirates at various times in exchange for portions of their treasures.

3. Smuggling- The act of conveying or introducing surreptitiously or to import

products secretly contrary to law and especially without duties imposed by law.

Modern Types of Transnational Organized Crimes

1. Terrorism- Is the illegal use of force against innocent people to achieve a

political objective. It is a tactic or technique by means of which a violent act or the threat
thereof is used for the prime purpose of creating overwhelming fear for coercive
purpose. A type of political crime that emphasizes violence as a mechanism to promote
change. Terrorism has three transitory phases, the first phase was dominated by
nationalism i.e. that love of country is motivating cause for its citizens to fight other in
cases where these national territory belief and customs are invaded by other nations,
second phase was ethnic and ideological violence- the differences on ideological belief is
the ground for national citizens to react over the other, and the third phase/current
phase is motivated by religious belief. The now never-ending holy war carried out by
Muslim's over Christian world.

2. Illicit Trafficking (Plunder of Antiquities)-Antiques are cultural assets of a

certain country, which portrays or symbolizes the traditions of such country. These are
invaluable treasures that cannot be transferred or taken out from the owner country.
Plunder of antiquities operates as an international market where demand from the
developed economies results in the transfer of material from source environment. It is
virtually defined by all nations as a crime either by turning the extraction of the objects
as a form of theft or by prohibiting the export of the material from the country of origin
or both.

3. Computer Crimes- Computer-related thefts are a new trend in employee theft

and embezzlement. The wide spread use of computers to record business transactions
has encouraged some people to use them for illegal purposes.

Categories of Computer Crimes

1. Theft of services, in which the criminal uses the computer for unauthorized
purposes or an unauthorized user penetrates the computer system. Included
within this category is the theft of processing time and services not entitled to an
employee.

2. Use of data in a computer system for personal gain.

3. Unauthorized use of computers employed for various types of financial

processing to obtain assets.

4. Theft of property by computer for personal use or conversion to profit.

5. Making the computer itself the subject of a crime- for example, when a virus is
placed in it to destroy data.

Reasons in the Commission of Computer Crimes

1. Personal gain
2. The criminals are typically motivated by revenge for some perceived wrong
3. A need to exhibit their technical prowess and superiority
 4. A wish to highlight the vulnerability of computer security systems
5. A desire to spy on other people’s private financial and personal information
(computer voyeurism)
6. Or a philosophy of open access to all systems and programs.

Jargons to Describe Theft Styles and Methods

1. The Trojan Horse
2. The Salami Slice
3. Supper- Zapping
4. The Logic Bomb
5. Impersonation
6. Data Leakage

4.Trans-chemical Environmental Crimes. Environmental crime in inherently

transnational but despite of its transnational character most cross-boarder
environmental harms are not defined as crimes or regulatory violations. This means any
action that causes environmental harm outside its country of its origin, whether or not
its victims or some other entity have been given legal standing to punish wrongdoers or
seek redress of damage. Its mechanism involves transborder flow of toxic substance
which occurs when pollutants that originate within one nation-state spread to
neighboring or distant countries through natural ecological process.

5. Drug Trafficking - Illegal movement across one or more national frontiers of

psychoactive substance controlled fewer than three instruments of international law
known as the drug control conventions.

6. Trafficking of Human Beings - The illegal organization of migrants and the

exploitation of migrants in destination countries by organized criminal groups constitute
this offensive act. Human Trafficking/Alien Smuggling, at the level of domestic
investigation, have often fallen within the recruits of different bodies, criminal group
engages in one or the other of the two activities maybe different, which maybe
independent from each other and have different modus operandi, characteristics of the
victims and the relationship with the criminals of human trafficking differ from those of
the victims of smuggling and they have different political significance over time, while
illegal immigration has always been a national and international priority as problem of
security and public order.

Chapter

THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME

A. The Philippine Center on Transnational Crime

Pursuant to Executive Order No. 62, the Philippine Center for Transnational Crime is
created under the Office of the President to formulate and implement a concerted program
of action of all law enforcement, intelligence and other government agencies for the
prevention and control of transnational crime.
Powers and Functions

1. To establish through the use of modern information and

telecommunication a shared central data base among government
agencies for information on criminals, methodologies, arrest and
convictions on transnational crimes.

2. To supervise the conduct of anti-transnational crime operations of

all government agencies and instrumentalities.

3. To established a central database on national as well as international

legislation and jurisprudence on transnational crime, with the end
view of recommending measures to strengthen responses and
providing of immediate intervention for the prevention, detection
and apprehension of criminals operating in the country.

4. To establish a center for strategic research on the structure and

dynamics of transnational crimes in all its forms, and predict trends
and analyze relationships of given factors for the formulation of
individual and collective strategies for the prevention and detection
of transnational and organized crime and for the apprehension of
the criminals involved.
5. To design programs and projects aimed at enhancing national
capacity building in combating transnational crime as well as
supporting the related programs and projects of other ASEAN and
international centers.
6. To explore and coordinate information exchanges and training with
other government agencies, foreign countries and international
organizations involved in the combat against transnational crime
7. To enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including the use of their
respective personnel, facilities and resources.

Organizational Structure

The Philippine Center for Transnational Crime is chaired by the

President through the Presidential Anti-Organized Crime Commission
(PAOCC). PCTC is also supervised by the Secretary of the Department of
the Interior and Local Government (DILG), who is the Vice-Chair of
POCC. The Executive Director of the PCTC reports to the President
through the DILG.

Presently, the PCTC have two (2) Executive Offices and four (4)
Directorates:

Office of the Executive Director (OED)

  Directs and controls the movement, deployment,
placement, and the utilization of PCTC units and
personnel including its facilities and other resources.
 Issues detailed implementing policies and instructions
regarding personnel, funds, properties, records,
correspondence and such other matters as maybe
necessary to effectively carry out the functions, powers,
and duties of the PCTC.

Office of the Deputy Executive Director (ODED)

 Assist the Executive director in the exercise of
responsibilities relative to PCTC personnel, human
resource development, logistics, budget and finance,
building security, information management, capability
building, legal research, legislative research, international
cooperation, strategic research and studies.
 Acts as Chairman of the following Committees:
 Committee on Decorum
 Grievance Committee
 Travel Board and Personnel Selection and
Recruitment Committee

Directorate for Support Services (DSS)

 Assist the Executive Director on matters involving
personnel, financial, logistical and security requirements
needed for effective and efficient administration of the
PCTC.
 Performs its functions through its three (3) Divisions,
namely:
 Administrative Division
 Security Services Division
 Budget and Finance Division

Directorate for Operations (DO)

 Assist the Executive Director in monitoring and
supervising the day-to-day operational activities of the
PCTC on all matters concerning anti-transnational crime
operations.
 Performs its functions through its four (4) Divisions,
namely:
 INTERPOL Command and Coordination Division
 Case Management Division
 Capacity Building Division
 Fugitive Investigation and International Notices
Division

Directorate for Research (DR)

 Assist the Executive Director in attaining the intelligence
objectives of the PCTC and in providing its clients with
better, accurate, timely, objective and integrated analyses
on transnational crimes that impact on economy and
security.
 It performs its functions through its six (6) Divisions,
namely:
 Public Safety and Terrorism Division
 Drugs and Criminal Organization Division
 Financial and High-Tech Crimes Division
 Special Crimes Division
 Human trafficking and Smuggling Division
 Information Technology Division

Directorate for Plans and Policies (DPP)

  Assist the Executive Director in the formulation and
development of plans and programs that are beyond the
immediate operational tactical range which includes:
 Organizational and Human Resource Development
 Legislation and International Initiatives
 Strategic studies on the impact of transnational
crimes on law enforcement, public safety and
security
 Performs its functions through its three (3) Divisions,
namely:
 Strategic Research Division
 Policy Formulation Division
 International Cooperation Division

Three (3) Field Offices were activated to serve as strategic points

of information exchange and coordination among law enforcement
agencies, likewise to extend the PCTC's services:

 PCTC Visayas Field Office located in Cebu City

 PCTC Western Mindanao Field Office located in
Zamboanga
 PCTC Eastern Mindanao Field Office located in Davao

Coordinative Mechanism
8. Inter-Agency coordination through established institutions such
as the National Law Enforcement Coordinating Committee
(NALECC)
 The NALECC issued a resolution in April 1999 to include
the PCTC as one of its regular members. The PCTC is the
Chairman of the Sub-Committee on International Law
Enforcement Cooperation (SCILEC).
 Pursuant to E.O 829 NALECC was created to serve as the
venue for the coordination of all law enforcement activities
of various government law enforcement agencies to ensure
unified direction and integration of effort throughout the
country in the suppression of criminal activities on a day-
to-day basis, particularly at the operating levels.

PCTC as INTERPOL Manila NCB Secretariat

 Pursuant to E.O 100 (May 7, 1999) and the Memorandum
on the Implementation of E.O 100 (February 7, 2000), the
general control and supervision of INTERPOL Manila
NCB Secretariat was transferred from the Directorate for
Operations of the PNP to the PCTC to serve as the liaison
office and main coordinating body for international police
cooperation against transnational crime representing all
law enforcement agencies in the Philippines that performs
the following functions:
 Maintains an Operation Center
 Acts on request for information from member
countries, local law enforcement agencies and other
government organizations.
 Disseminates INTERPOL notices, media releases,
requests for investigative assistance and
announcement of conference to concerned bureaus,
 law enforcement agencies and other concerned
office.
 At PCTC, the INTERPOL Command and Coordination
Division, under its Directorates for Operations is the office
responsible for processing all requests and responses sent
via INTERPOL Global Communication System known as
1-24/7.

PCTC as INTERPOL NCB Manila Secretariat implements

the following programs:
 1-24/7 Expansion Program - designed to link
selected SCILEC member-agencies to the IGCS that
will provide the access to selective databases
containing information on stolen travel documents,
fingerprints, DNA, stolen vehicles, stolen works of
art and global INTERPOL news.
 INTERPOL "Red Notice" Project - aims to upload
to the INTERPOL database the records of
fugitives/wanted persons who may have fled the
country to escape prosecution and suspected
individuals who were identified to have links with
known terrorist groups.
 Visa Check Project - designed to assist the Bureau
of Immigration and the Department of Foreign
Affairs in exercising better control in the vetting
process for foreigners who are trying to secure a
visa to enter the Philippines.
 Lost Passport Project - designed to sustain the
government initiatives against human trafficking
and terrorism. It aims to upload data on lost stolen
and cancelled passports to the INTERPOL database
primarily to curb human trafficking/smuggling
and identity fraud.
 Fugitive Search Project - aims to run after foreign
nationals with existing warrant of arrest, and/or
fugitives from justice seeking sanctuary in the
country.

PCTC coordination on information exchanges and training with

local and international counterpart
 The Philippines has entered into a number of Memoranda
of Understanding (MOU) and Memoranda of Agreement
(MOA) with the PCTC acting as the communication-cum-
liaison center.
 Memorandum of Arrangement between the
Republic of the Philippines and New Zealand on
Cooperation to Combat Transnational Organized
Crime
 Multilateral Agreement on Information
Exchange and the Establishment of
Communication Procedures
2. Other Functions
1. Designs programs and projects to enhance capacity building in
combating Transnational Crime
 RP-UK Crisis Management Assistance Program on
Counter Terrorism (RP-UK CMAP) - aims to develop the
capacity of the Philippine law enforcement and other
 agencies in managing crises arising from terrorism and
transnational organized crime.
 Training on crisis and consequence management to
mobilized the conduct of training and exercises in
order to ensure effective, multi-discipline and
multi-level response system.
 Harmonization of Philippine crisis management
doctrines and the formulation of a new crisis
management manual preferably using all hazard
approach.
 RP-EU Philippine Boarder Management project (PBMP) -
aims to strengthen and enhance its border management
capacity to more effectively manage migration in
accordance with international norms and protocols.
 Manage by International Organization for
Migration (IOM), with PCTC as Co-Chair of the
PBM Project Advisory Steering Committee.
 Brunei Darussalam-Indonesia-Malaysia-Philippines East
ASEAN Growth Area (BIMP-EAGA) Support Team on
Customs, Immigration, Quarantine and Security BEST
on CIQS) Project - the main objective of this training
activity is to enhance the institutional capabilities of BIMP-
EAGA support team on customs, immigration, quarantine
and security agencies to deliver effective services at the
ports of entry and exit participating in the BIMP-EAGA,
particularly in helping neutralize transnational criminal
activities at the ports.
2. Monitoring Body of the Country's Compliance to the ASEAN
Work Programs to address Transnational Crime
 Consolidation of the accomplishments of all government
agencies involved in the fight against Transnational Crime
and submits a country report to the ASEAN Secretariat
through the Department of the Interior and Local
Government.
3. Support to Policy-Making
 National Legislation - PCTC supported the crafting and
signing of the following national legislation as Secretariat
of its Technical Working Groups and Rescue Agency to
international legislation:
 Anti-Money Laundering Act of 2001
 Anti-Trafficking in Persons Acts of 2003
 Human Security Act of 2007
 Bilateral/International Agreements - in 2006, the PCTC
headed the Philippine Delegation that negotiated the final
draft of the ASEAN Convention on Counter-Terrorism,
which was signed by the ASEAN leaders at the summit
held in January 2007.

B. The Role of INTERPOL in the Global Fight Against Transnational Crimes

INTERPOL - by the name of the International Criminal Police Organization, an
organization established to promote international criminal police cooperation

 Conceptualized way back in 1920's after a meeting of the

representatives of criminal police in 20 nations, which discussed the
apparent problem of phenomenal increase in crimes on Europe that
lead to the creation of the International Police Commission which had
its headquarters in Vienna.
 1956, the Commission Constitution was completed and formally
ratified and change the name into its present International Criminal
Police Organization, "INTERPOL".
1. INTERPOL's Mission
 "To be the whole world pre-eminent police organization in
support of all organizations, authorities, and services whose mission is
preventing, detecting and suppressing crimes".

INTERPOL seeks to achieve this by:

1. Providing both a global perspective and a regional focus

2. Exchanging information that is timely, accurate, relevant and
complete
3. Facilitating international cooperation
4. Coordinating operational activities of the member countries and
making available know-how, expertise and good practice.
2. INTERPOL Three Core Services
1. A unique global police communication system
2. A range of criminal data bases and analytical services
3. Proactive support for police operations throughout the world.
3. INTERPOL Organizational Structure
1. General Assembly - make major decisions on the policy, budget,
working methods, finances and programs of activities of Interpol.
 Composed of delegated appointed by the government of
member countries.
 Each member country represented has one vote.
2. Executive Committee - supervises the execution of the decisions of
the general assembly and the work of the secretary general.
 Have 13 members, the president (chair of the committee), 4
vice presidents, and 8 delegates.
 Members are elected by the general assembly and should
represent different countries.
 The president and the four vice presidents must come
from different continents.
 The president is elected for 4 years term and vice
presidents for 3 years term.
3. General Secretariat - implements decisions and recommendations
adopted by the two governing bodies through Secretary General.
4. National Central Bureau - staffed with the countries own police
officers. These bureaus become the single point contact for foreign
governments requiring assistance, which oversees investigations
and information's on the different police structures in other
countries.

INTERPOL Fighting Terrorism

INTERPOL'S two-fold rule in fighting Terrorism:

5. To prevents acts of international terrorism

6. If such acts are carried out, to ensure that the perpetrators are
brought to justice
 Achieve by exchanging information's with its member
countries through its source messaging system and by
arranging meetings of expert to address the subject.
4. INTERPOL Fugitive Investigation
 At the request of its member countries, they electronically
circulate on an international scope notices containing
identification, details and judicial information's about
wanted criminals.
 Actively encourages the international search for the arrest
of fugitives and offender wherever they may hide.
 Coordinates and enhances international cooperation in the
field.
 Collects and disseminates best practice and expert
knowledge
  Offers direct investigative support and specialized
knowledge
 Develops and promotes best practices and trainings.

The International Notices System

INTERPOL's five types of notices:

 Red Notice - based on national arrest warrants, are used to

seek the arrest and extradition of suspects.
 Blue Notice - are used to seek information on the identity
of persons or on their illegal activities related to criminal
matters.
 Green Notice -are used to provide warnings and criminal
intelligence about persons who have committed criminal
offenses and who are likely to repeat these crimes in other
countries.
 Yellow Notice - are used to locate missing persons
including children, or help people to identify themselves.
 Black Notice - are used to determine the identity of
deceased person.

Chapter

TERRORISM AS AN ORGANIZED CRIME

A. Introduction

Terrorism is a premeditated, politically motivated violence

perpetrated against non-combatant targets by subnational groups or
clandestine agents. At present, the international community has been
unable to formulate a universally agreed, legally binding, criminal law
definition of terrorism. Common definitions of terrorism refer only to
those of violent acts which are intended to create fear, are perpetrated for
an ideological goal, and deliberately target or disregard the safety of non-
combatants. Thus in defining terrorism, most governments outline the
following criteria: target; objective; motive; perpetrator; and legitimacy or
legality of the act.
 Terrorist Group- any group practicing or has significant subgroups that
practice international terrorism.

Terrorist Act- any act that is unlawful, involves the use or threatened use
of violence or force against individuals or property is
designed to coerce a government or society and supports
political, ideological, or religious objectives.

B. Categories of Terrorism

1. Civil Disorder- A form of collective violence interfering with the peace,

security, and normal functioning of the community.

2. Political Terrorism- Violent criminal behavior designed primarily to

generate fear in the community, or substantial segment of it, for political
purposes.

3. Non-Political Terrorism- Terrorism that is not aimed at political purposes

but which exhibits “conscious design to create and maintain a high degree
of fear for coercive purposes, but the end is individual or collective gain
rather than the achievement of political objective”.

4. Quasi-Terrorism- The activities incidental to the commission of crimes of

violence that are similar in form and method to genuine terrorism but
which nevertheless lack it essential ingredient It is not the main purpose
of the quasi-terrorists to induce terror in the immediate victim as in the
case of genuine terrorism, but the quasi terrorist uses the modalities and
techniques of the genuine terrorist and produces similar consequences.

5. Limited political Terrorism- Genuine political terrorism is characterized

by a revolutionary approach. It refers to an acts of terrorism which are
committed for ideological or political motives but which are not part of a
concerted campaign to capture control of the State.

6. Official or State Terrorism- It refers to the nation whose rule is based

upon fear and oppression that reach similar to terrorism or such
proportions. It may also be referred to as Structural Terrorism defined
broadly as terrorist acts carried out by governments in pursuit of political
objectives, often as part of their foreign policy.

C. Characteristics of Terrorists

There is no single profile exist, no predictive tests, and studies provide

general characteristics.

a) Socioeconomics Status: Middle class to upperclass backgrounds,

some extremely wealthy.
 b) Education and Intellect: they have higher than average education;
often average or higher intelligence; and usually have a secular
education.

c) Age:
 Foot soldiers and operational members: 20 to 35 years old

 Leadership, support, and training cadres: 40 to 60 years old

 Soldiers in guerilla groups: teens

 Suicide Bombers: often young

d) Gender
Women are increasingly used in terrorist activities such as:
 Suicide bombers
 Smuggling of explosives

D. Goals of Terrorist Plots

a) Minimize risk of failure

b) Achieve highest probability for success
c) Avoid opponents strengths
d) Concentrate on opponents weakness

E. Ten- Step Attack Planning Cycle

Step 1-Initial target selection consists of:

a) Development of list of potential targets

b) Objectives and capabilities drive preliminary target selection
c) Factors:
 Desire to destroy target of symbolic or practical significance
 Benefits gain from practical targets
 Access to the target area and security
 Access to documentations
 Availability of weapons
 Transportation needs
 Support network
 Propaganda value

Step 2- Initial Surveillance consists of:

a) Surveillance against pre-selected targets
b) Identify vulnerabilities
c) Weeks to months in advance
 Step 3- Final Target Selection and Preparation which:
a) Vulnerabilities receive priority
b) List narrowed
c) Objectives capabilities

Step 4- Pre- Attack Surveillance wherein:

a) Operational cells appear
b) In-depth surveillance is conducted
c) Focus on vulnerabilities

Step 5- Planning by:

a) Evaluating security
b) Recruiting personnel
c) Renting safe houses
d) Designing escape routes
e) Determining methods of attack
f) Selecting weapons and equipment

Step 6- Rehearsal by doing the following

a) Testing the plan
b) Using actual or similar site
c) Evaluating equipment
d) Identifying additional equipment

Step 7- Attack Team deployment whereby the:

a) Team selected based on knowledge, skills and abilities
b) Attack team deployment
c) Cover or concealment near the attack site

Step 8- Execution, which consider the:

a) Advantages
 Surprise
 Choice of attack
 Neutralization of target reaction and security measures
b) Often use diversions or secondary attacks

Step 9: Escape
a) Preplanned escape routes
b) Many included diversions

Step 10: Exploitation

a) Establish notoriety
b) Create terror
c) Increase funding
d) Improve recruitment
e) Use as a tool for exploitation and propaganda

F. Types of Targets
 a) Political and Social. Highly symbolic (commemorate battles)

b) Religion as a pretext. Similar targets with greater devastation

(commemorate religious events)

 Soft targets- a person or thing that is relatively unprotected or

vulnerable; hard to defend against attack i.e. highly accessible and
generally great in number.

Examples: hotels, schools, hospitals, places of worship, apartment

buildings, public transportation, banks, etc.

 Hard targets- a structure that has been fortified against attack i.e.
limited accessible and generally few in numbers.

Examples: military bases, government buildings, military convoys,

hardened motorcades.

c) Oil and Strategic Commodities

d) Mass Transit System

e) Maritime System

G. Structure of terrorist Organizations

 Centralized- a principal command exercises control over the

network, makes operational decisions and guide its ideology. Its
decisions are filtered from top to bottom; there is a clear separation
between the leadership and lower ranking operatives. A central
command joins terrorists with specific skills sets across regions,
tasks smaller cells and provides financial and logistical resources.

 Decentralized- command and control is loose and dispersed; cells

operate independently and “lone wolf” terrorist is the ultimate
example.

H. Sophistication of Terrorist Organization

Its operations are organized and structured as evidenced by:

a) Use of propaganda
b) Distribution of networks
c) Use of communication techniques

I. Information Sharing

They increase their capabilities through:

 Direct sharing- one group provides training or experienced

personnel.
  Indirect sharing- one group’s operation is used as a model.

J. Terrorist Safe Havens

A terrorist safe haven is an area of relative security exploited by

terrorists to indoctrinate, recruit, train, and regroup, as well as prepare
and support their operations. The most intractable safe havens
worldwide are near international boarders or are in regions where
ineffective governance allows their presence.

Virtual safe havens are those created by electronic infrastructure

such as internet; global media, and satellite communications and allow
terrorists to fulfill many of their functions virtually. It is highly mobile and
difficult to track and control.

K. Terrorist Financing

Terrorist organizations obtain and transfer finances to operate in numerous

ways. In the overall world of terror, the well of monies is limited only by the terrorists
imagination and initiative. No one element is pre-eminent, each has its’ place in the
world of terror finance. The following are the mechanics of terrorist funding:

1. Zakat - The giving of alms for the poor and needy, as prescribed by the Quran.
Zakat is the primary means within the Muslim world for terror organizations to
“legitimately” receive money.

Zakat Collection and Distribution

a) Saudi Arabia collects Zakat by government agency (similar to our IRS) and
distributes to recognized charities. Saudi collections are estimated to exceed $10
Billion. (Saudi Ministry of Finance and National Economy)

b) Most other countries, both Muslim and non-Muslim do not collect or control
where Zakat money goes.

c) Charities around the globe are rarely checked or audited by government

oversight agencies to see how the monies are spent. The US is a notable
exception.

d) The Internet has numerous Islamic charity sites asking believers to pay the Zakat
to them promising to apply it on their behalf.

e) The giver of Zakat knows only to whom they gave their money, for what they
believe will be the building of schools, mosques and to help the poor. Once
given however, the giver has no further control if the funds are diverted or a
portion is skimmed off for the purchase of weapons, explosives and operating
terror training camps.

f) Many Muslims send their Zakat through Islamic banks. This process is legal but
there is no assurance they have funded a legitimate charity vice a terrorist group.
 g) The Islamic banking system has been a mystery to most in the West. Islamic
Banks cannot charge interest on loans. This requires that the Islamic Bank make
its money on its investments. Western style accounting and auditing practices to
monitor and track what those investments truly involve have only recently been
implemented and then only under international pressure since the attacks on the
US.

h) Zakat funds deposited in Islamic banks are taken off the books and “disappear”
because they are not considered part of the banks assets nor its liabilities and are
not reported. The bank has served only as a collection agent. The Zakat can then
be transferred, without regulation, to worthy charities as directed by the givers,
to any worthy recipient or have some or all of it skimmed off to Islamic radicals.

2. Islamic Banking - When conducted as prescribed by the Quran, serves to

legitimately facilitate funds collection and disbursal. This is particularly true of
Zakat funds.

Some of the largest Islamic banks have their headquarters in Switzerland. The
Swiss banking philosophy and governmental regulation, adds a second layer of
secrecy yet gives the banks connectivity with world banking in general.

3. Hawala - An informal funds transfer system, is the primary means of distributing

smaller sums of money around the world in a safe and record free manner.

Hawala is the best known Informal Funds Transfer (IFT) system. Interpol
estimates India alone to have $680 Billion in transactions annually. The process uses
both legal and illegal means to move money in a way that avoids record keeping of
transmitters and receivers, taxes and customs duties. It is secure, trust-based,
paperless and generally untraceable.

Hawala came into public interest after the 2001 attacks on the US when it was
revealed that much of the money funding the attackers was transferred by Hawala.
It has no formal limitations on amounts but does have practical limits. It is well
suited for terror operations that cost $50-$70K to fund and complete in a short period
of time. It is illegal in many countries including the US, yet many banks in both
Islamic and Western countries utilize this system. It was originally benign in its
historical intent but is now consistently misused by those who take advantage of its
efficiencies. It will remain as a cultural alternative to regulated banking but certainly
will continue to adapt further to accommodate the modern world. The fact that it is
being made illegal in more and more countries will not end the practice in the near
term.

4. Money Laundering - A criminal endeavor by which millions of dollars can be

transferred around the world in a single transaction or a series of transactions. Like
Hawala, it remains a working part of the criminal enterprise system. Increased
regulation in the traditional business environment will make laundering more difficult
but will not carry it to extinction.

L. Responses to Terrorism

Responses to terrorism are broad in scope. They can include realignments of the
political spectrum and reassessments of fundamental values. Specific types of
responses include:

1. Targeted laws, criminal procedures, deportations, and enhanced police

powers;
2. Target hardening, such as locking of doors or adding traffic barriers;
3. Preemptive or reactive military actions;
 4. Increased intelligence and surveillance activities;
5. Preemptive humanitarian activities; and
6. More permissive interrogation and detention policies.

M. The Al Qaeda

It was in the year 1988 that Al Qaeda, Arabic for “The Base” was founded by
Osama bin Laden, Muhammed Atef, and Ayman al-Zawahiri to continue the
Jihad internationally. Al Qaeda is reportedly headquartered in Afghanistan and
Peshawar, Pakistan.

Al Qaeda’s Organizational Structure

1. The Emir (Chief)

2. The Chief Counsel

3. Shura, or Consultation Council

This is a group of seasoned terrorists and confidants kown as

majilis al shura who approve major decisions such as terrorist attacks and
the issuance of fatwas (edicts). The council members play leadership roles
in the organization’s major committees, made up of lower-ranking Al
Qaeda members.

4. The Committees.

a) The Military Committee- oversees recruitment, war, training, and the

purchase of the arms.
b) The Islamic Study Committee- makes rulings on religious law and
trains all recruits in the teachings of the Koran and Jihad.
c) The Finance Committee- oversees corporate holdings, including the
travel office and several other companies.

5. The Cells

The network of terrorist recruitment and training has sites

throughout the world. Each cell engages in missions independent of the
others, and the members and activities of the other cells are kept secret.

6. The Headquarters

Al Qaeda’s early base of operations was near the city of Peshawar

in Pakistan. In 1991 the terrorist group relocated to Sudan and remained
there until 1996. From Sudan, Al Qaeda returned to Afghanistan, where bi
Laden issued the “Declaration of War Against the Americans Occupying
the Two Holy Mosques.” In 1999 it moved to Tora Bora and Zhawar Kili
Camp, Afghanistan. At present the whereabouts of the Al Qaeda
leadership are unknown.

Special Operations Training

1. Cold steel weapons such as wire, knife and rod

2. Poisons
3. Pistols and rifles
 4. Explosives

Methods of Physical and Psychological Torture

1.

Training in Security and Proper Deportment While on Mission

1.

Security Measures Followed When Travelled on Public Transportation

1.

Chapter

LEGAL FRAMEWORK AND INVESTIGATION OF THE CRIME OF TERRORISM

A. Terrorism Defined

REPUBLIC ACT NO. 9372 (AN ACT TO SECURE THE STATE AND
PROTECT OUR PEOPLE FROM TERRORISM ), otherwise known as “ Human
Security Act of 2007” defined Terrorism as “ Any person who commits an act
punishable under any of the following provisions of the Revised Penal Code:
 1. Article 122 (Piracy in General and Mutiny in the High Seas or in the
Philippine Waters);
2. Article 134 (Rebellion or Insurrection);

3. Article 134-a (Coup d‘Etat), including acts committed by private persons;

Article 248 (Murder);

4. Article 267 (Kidnapping and Serious Illegal Detention);

5. Article 324 (Crimes Involving Destruction,

or under

1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)thereby 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
shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40)
years of imprisonment, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
(Section 1 and 3, RA 9372)

B. Persons Liable for the Commission of Terrorism

1. Persons who conspire to commit the crime of terrorism.

2. Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution
of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts.

3. Any person who, having knowledge of the commission of the crime of

terrorism or conspiracy to commit terrorism, and without having participated
therein, either as principal or accomplice under Articles 17 and 18 of the Revised
Penal Code, takes part subsequent to its commission in any of the following
manner: (a) by profiting himself or assisting the offender to profit by the effects
of the crime; (b) by concealing or destroying the body of the crime, or the effects,
or instruments thereof, in order to prevent its discovery; (c) by harboring,
concealing, or assisting in the escape of the principal or conspirator of the crime.

Notwithstanding the above paragraph, the penalties prescribed for

accessories shall not be imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees, with the single exception
of accessories falling within the provisions of subparagraph (a).

B. Surveillance of Suspects and Interception and Recording of Communications

The provisions of Republic Act No. 4200 (Anti-wire Tapping Law) to the
contrary notwithstanding, a police or law enforcement official and the members of
his team may, upon a written order of the Court of Appeals, listen to, intercept and
 record, with the use of any mode, form, kind or type of electronic or other
surveillance equipment or intercepting and tracking devices, or with the use of any
other suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a
judicially declared and outlawed terrorist organization, association, or group of
persons or of any person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism.

Provided, That surveillance, interception and recording of communications

between lawyers and clients, doctors and patients, journalists and their sources and
confidential business correspondence shall not be authorized.

C. Circumstances that the Application to Conduct Surveillance, Intercept and Record

the Communications of Suspected Terrorists be Granted by the Authorizing
Division of the Court of Appeals

The written order of the authorizing division of the Court of Appeals to

track down, tap, listen to, intercept, and record communications, messages,
conversations, discussions, or spoken or written words of any person suspected
of the crime of terrorism or the crime of conspiracy to commit terrorism shall
only be granted by the authorizing division of the Court of Appeals upon an ex
parte written application of a police or of a law enforcement official who has
been duly authorized in writing by the Anti-Terrorism Council created in Section
53 of this Act to file such ex parte application, and upon examination under oath
or affirmation of the applicant and the witnesses he may produce to establish:

1. That there is probable cause to believe based on personal knowledge of

facts or circumstances that the said crime of terrorism or conspiracy to commit
terrorism has been committed, or is being committed, or is about to be
committed;

2. That there is probable cause to believe based on personal knowledge of

facts or circumstances that evidence, which is essential to the conviction of any
charged or suspected person for, or to the solution or prevention of, any such
crimes, will be obtained; and,

3. That there is no other effective means readily available for acquiring

such evidence.

D. Contents of the Court Order Authorizing the Law Enforcement Authorities to

Conduct Surveillance of the Suspected Terrorist

1. The identity, such as name and address, if known, of the charged or suspected
person whose communications, messages, conversations, discussions, or spoken or
written words are to be tracked down, tapped, listened to, intercepted, and recorded
and, in the case of radio, electronic, or telephonic (whether wireless or otherwise)
communications, messages, conversations, discussions, or spoken or written words,
the electronic transmission systems or the telephone numbers to be tracked down,
tapped, listened to, intercepted, and recorded and their locations or if the person
suspected of the crime of terrorism or conspiracy to commit terrorism is not fully
known, such person shall be subject to continuous surveillance provided there is a
reasonable ground to do so;
 2. The identity (name, address, and the police or law enforcement organization) of
the police or of the law enforcement official, including the individual identity
(names, addresses, and the police or law enforcement organization) of the members
of his team, judicially authorized to track down, tap, listen to, intercept, and record
the communications, messages, conversations, discussions, or spoken or written
words;

3. The offense or offenses committed, or being committed, or sought to be

prevented; and,

4. The length of time within which the authorization shall be used or carried out.

Any authorization granted by the authorizing division of the Court of

Appeals, pursuant to Sec. 9 (d) of this Act, shall only be effective for the length of
time specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days from the date of receipt
of the written order of the authorizing division of the Court of Appeals by the
applicant police or law enforcement official.

The authorizing division of the Court of Appeals may extend or renew the
said authorization for another non-extendible period, which shall not exceed thirty
(30) days from the expiration of the original period: Provided, That the authorizing
division of the Court of Appeals is satisfied that such extension or renewal is in the
public interest: and Provided, further, That the ex parte application for extension or
renewal, which must be filed by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.

In case of death of the original applicant or in case he is physically disabled to

file the application for extension or renewal, the one next in rank to the original
applicant among the members of the team named in the original written order of the
authorizing division of the Court of Appeals shall file the application for extension
or renewal: Provided, That, without prejudice to the liability of the police or law
enforcement personnel under Section 20 hereof, the applicant police or law
enforcement official shall have thirty (30) days after the termination of the period
granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutors Office for any
violation of this Act.

If no case is filed within the thirty (30)-day period, the applicant police or law
enforcement official shall immediately notify the person subject of the surveillance,
interception and recording of the termination of the said surveillance, interception
and recording. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement
official who fails to notify the person subject of the surveillance, monitoring,
interception and recording as specified above.

E. Custody and Disposition of Intercepted and Recorded Communications.

All tapes, discs, and recordings made pursuant to the authorization of the
authorizing division of the Court of Appeals, including all excerpts and summaries
thereof as well as all written notes or memoranda made in connection therewith,
shall, within forty-eight (48) hours after the expiration of the period fixed in the
written order of the authorizing division of the Court of Appeals or within forty-
eight (48) hours after the expiration of any extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing
Division of the Court of Appeals in a sealed envelope or sealed package, as the case
may be, and shall be accompanied by a joint affidavit of the applicant police or law
enforcement official and the members of his team.
 In case of death of the applicant or in case he is physically disabled to execute
the required affidavit, the one next in rank to the applicant among the members of
the team named in the written order of the authorizing division of the Court of
Appeals shall execute with the members of the team that required affidavit.

It shall be unlawful for any person, police officer or any custodian of the
tapes, discs and recording, and their excerpts and summaries, written notes or
memoranda to copy in whatever form, to remove, delete, expunge, incinerate, shred
or destroy in any manner the items enumerated above in whole or in part under any
pretext whatsoever.

Any person who removes, deletes, expunges incinerates, shreds or destroys

the items enumerated above shall suffer a penalty of not less than six (6) years and
one day to twelve (12) years of imprisonment.

Joint affidavit concerning the disposition of the intercepted and recorded

information shall be executed by the participating police or law enforcement
operatives shall be executed. Said joint affidavit of the police or of the law
enforcement official and the individual members of his team shall state the
following, to wit:

1. The number of tapes, discs, and recordings that have been made, as well
as the number of excerpts and summaries thereof and the number of
written notes and memoranda, if any, made in connection therewith;
2. The dates and times covered by each of such tapes, discs, and recordings;

3. The number of tapes, discs, and recordings, as well as the number of

excerpts and summaries thereof and the number of written notes and
memoranda made in connection therewith that have been included in the
deposit; and

4. The date of the original written authorization granted by the Anti-

Terrorism Council to the applicant to file the ex parte application to
conduct the tracking down, tapping, intercepting, and recording, as well
as the date of any extension or renewal of the original written authority
granted by the authorizing division of the Court of Appeals.

The joint affidavit shall also certify under oath that no duplicates or copies
of the whole or any part of any of such tapes, discs, and recordings, and that no
duplicates or copies of the whole or any part of any of such excerpts, summaries,
written notes, and memoranda, have been made, or, if made, that all such
duplicates and copies are included in the sealed envelope or sealed package, as
the case may be, deposited with the authorizing division of the Court of Appeals.

It shall be unlawful for any person, police or law enforcement official to

omit or exclude from the joint affidavit any item or portion thereof mentioned in
this Section.

Any person, police or law enforcement officer who violates any of the acts
proscribed in the preceding paragraph shall suffer the penalty of not less than
ten (10) years and one day to twelve (12) years of imprisonment.

F. Disposition of Deposited Materials in the Court of Appeals

The sealed envelope or sealed package and the contents thereof, which are
deposited with the authorizing division of the Court of Appeals, shall be deemed
and are hereby declared classified information, and the sealed envelope or sealed
package shall not be opened and its contents (including the tapes, discs, and
recordings and all the excerpts and summaries thereof and the notes and
 memoranda made in connection therewith) shall not be divulged, revealed, read,
replayed, or used as evidence unless authorized by written order of the authorizing
division of the Court of Appeals, which written order shall be granted only upon a
written application of the Department of Justice filed before the authorizing division
of the Court of Appeals and only upon a showing that the Department of Justice has
been duly authorized in writing by the Anti-Terrorism Council to file the application
with proper written notice the person whose conversation, communication, message
discussion or spoken or written words have been the subject of surveillance,
monitoring, recording and interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.

Any person, law enforcement official or judicial authority who violates his
duty to notify in writing the persons subject of the surveillance as defined above
shall suffer the penalty of six (6) years and one day to eight (8) years of
imprisonment.

G. Opening of Deposited Sealed Envelop or Sealed Package at the Court of Appeals.

The written application with notice to the party concerned to open the
deposited sealed envelope or sealed package shall clearly state the purpose or
reason for:

1. Opening the sealed envelope or sealed package;

2. Revealing or disclosing its classified contents;

3. Replaying, divulging, and or reading any of the listened to, intercepted,

and recorded communications, messages, conversations, discussions, or
spoken or written words (including any of the excerpts and summaries
thereof and any of the notes or memoranda made in connection therewith);
and,

4. Using any of said listened to ,intercepted, and recorded communications,

messages, conversations, discussions, or spoken or written words (including
any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.

Any person, law enforcement official or judicial authority who violates his
duty to notify as defined above shall suffer the penalty of six (6) years and one
day to eight (8) years of imprisonment.

H. Period of Detention Without Judicial Warrant of Arrest.

The provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement personnel, who, having been
duly authorized in writing by the Anti-Terrorism Council has taken custody of a
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall, without incurring any criminal liability for
delay in the delivery of detained persons to the proper judicial authorities,
deliver said charged or suspected person to the proper judicial authority within a
period of three (3) days counted from the moment the said charged or suspected
person has been apprehended or arrested, detained, and taken into custody by
the said police, or law enforcement personnel: Provided, That the arrest of those
suspected of the crime of terrorism or conspiracy to commit terrorism must
result from the surveillance under Section 7 and examination of bank deposits
under Section 27 of this Act.
 The police or law enforcement personnel concerned shall, before detaining
the person suspected of the crime of terrorism, present him or her before any
judge at the latter’s residence or office nearest the place where the arrest took
place at any time of the day or night. It shall be the duty of the judge, among
other things, to ascertain the identity of the police or law enforcement personnel
and the person or persons they have arrested and presented before him or her, to
inquire of them the reasons why they have arrested the person and determine by
questioning and personal observation whether or not the suspect has been
subjected to any physical, moral or psychological torture by whom and why. The
judge shall then submit a written report of what he/she had observed when the
subject was brought before him to the proper court that has jurisdiction over the
case of the person thus arrested. the judge shall forthwith submit his/her report
within three (3) calendar days from the time the suspect was brought to his/her
residence or office.

Immediately after taking custody of a person charged with or suspected of

the crime of terrorism or conspiracy to commit terrorism, the police or law
enforcement personnel shall notify in writing the judge of the court nearest the
place of apprehension or arrest: Provided, That where the arrest is made during
saturdays, sundays, holidays or after office hours, the written notice shall be
served at the residence of the judge nearest the place where the accused was
arrested.

The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the police or a law enforcement personnel
who fails to notify any judge as provided in the preceding paragraph.

I. Period of Detention in the Event of an Actual or Imminent Terrorist Attack

In the event of an actual or imminent terrorist attack, suspects may not be

detained for more than three (3) days without the written approval of a
municipal, city, provincial or regional official of a Human Rights Commission or
judge of the municipal, regional trial court, the Sandiganbayan or a justice of the
Court of Appeals nearest the place of the arrest. If the arrest is made during
Saturdays, Sundays, holidays or after office hours, the arresting police or law
enforcement personnel shall bring the person thus arrested to the residence of
any of the officials mentioned above that is nearest the place where the accused
was arrested. The approval in writing of any of the said officials shall be secured
by the police or law enforcement personnel concerned within five (5) days after
the date of the detention of the persons concerned: Provided, however, That
within three (3) days after the detention the suspects, whose connection with the
terror attack or threat is not established, shall be released immediately.

J. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority Within
Three (3) Days

The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any police or law enforcement personnel
who has apprehended or arrested, detained and taken custody of a person
charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism and fails to deliver such charged or suspected person to the proper
judicial authority within the period of three (3) days.

H. Anti-Terrorism Council

An Anti-Terrorism Council, hereinafter referred to, for brevity, as the

Council, is hereby created. The members of the Council are: (1) the Executive
Secretary, who shall be its chairperson; (2) the Secretary of Justice, who shall be
its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of
National Defense; (5) the Secretary of the Interior and Local Government; (6) the
Secretary of Finance; and (7) the National Security Advisor, as its other members.

The Council shall implement this Act and assume the responsibility for
the proper and effective implementation of the anti-terrorism policy of the
country. The Council shall keep records of its proceedings and decisions. All
records of the Council shall be subject to such security classifications as the
Council may, in its judgment and discretion, decide to adopt to safeguard the
safety of the people, the security of the Republic, and the welfare of the nation.

The National Intelligence Coordinating Agency shall be the Secretariat of

the Council. The Council shall define the powers, duties, and functions of the
National Intelligence Coordinating Agency as Secretariat of the Council. The
National Bureau of Investigation, the Bureau of Immigration, the Office of Civil
Defense, the Intelligence Service of the Armed Forces of the Philippines, the
Anti-Money Laundering Council, the Philippine Center on Transnational Crime,
and the Philippine National Police intelligence and investigative elements shall
serve as support agencies for the Council.

The Council shall formulate and adopt comprehensive, adequate, efficient,

and effective anti-terrorism plans, programs, and counter-measures to suppress
and eradicate terrorism in the country and to protect the people from acts of
terrorism. Nothing herein shall be interpreted to empower the Anti-Terrorism
Council to exercise any judicial or quasi-judicial power or authority.

Functions of the Anti-Terrorism Council

In pursuit of its mandate in the previous Section, the Council shall have
the following functions with due regard for the rights of the people as mandated
by the Constitution and pertinent laws:

1. Formulate and adopt plans, programs and counter-measures against

terrorists and acts of terrorism in the country;

2. Coordinate all national efforts to suppress and eradicate acts of

terrorism in the country and mobilize the entire nation against terrorism
proscribed in this Act;

3. Direct the speedy investigation and prosecution of all persons accused

or detained for the crime of terrorism or conspiracy to commit terrorism
and other offenses punishable under this Act, and monitor the progress of
their cases;

4. Establish and maintain comprehensive data-base information systems

on terrorism, terrorist activities, and counter-terrorism operations;

5. Freeze the funds property, bank deposits, placements, trust accounts,

assets and records belonging to a person suspected of or charged with the
crime of terrorism or conspiracy to commit terrorism, pursuant to
Republic Act No. 9160 otherwise known as the Anti-Money Laundering
Act of 2001, as amended;

6. Grant monetary rewards and other incentives to informers who give

vital information leading to the apprehension, arrest, detention,
prosecution, and conviction of person or persons who are liable for the
crime of terrorism or conspiracy to commit terrorism;
 7. Establish and maintain coordination with and the cooperation and
assistance of other nations in the struggle against international terrorism;
and

8. Request the Supreme Court to designate specific divisions of the Court

of Appeals and regional trial courts in Manila, Cebu City and Cagayan de
Oro City, as the case may be, to handle all cases involving the crime of
terrorism or conspiracy to commit terrorism and all matters incident to
said crimes. The Secretary of Justice shall assign a team of prosecutors
from: (a) Luzon to handle terrorism cases filed in the regional trial court in
Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c)
from Mindanao to handle cases filed in Cagayan de Oro City.

I. Role of the Commission on Human Rights

The Commission on Human Rights shall give the highest priority to the
investigation and prosecution of violations of civil and political rights of persons
in relation to the implementation of this Act; and for this purpose, the
Commission shall have the concurrent jurisdiction to prosecute public officials,
law enforcers, and other persons who may have violated the civil and political
rights of persons suspected of, accused of, or detained for the crime of terrorism
or conspiracy to commit terrorism.

Chapter

THE CYBERCRIME

A. Introduction

Cybercrime is being defined as the commission of a criminal acts using the

instruments of modern technology such as computers and the internet. Cybercrimes
are a new breed of white collar offenses that can be singular or ongoing and
typically involve the theft of information, resources or funds. Cybercriminals use
emerging forms of technology to commit criminal acts. In some instances, they
involve to use technology in the commission of fraud and theft. In other instances,
the technology itself is the target such as the illegal copying and sale of computer
software.

Emerging Forms of Cybercrimes

 1. Internet Crimes such as internet-based pornography, selling pornographic
materials, bogus get-rich schemes, weight-loss scams etc.

2. Internet Securities Fraud such as market manipulation, fraudulent

offerings of security and illegal touting, i.e. an individual makes securities
recommendations and fail to disclose that they are being paid to
disseminate their favorable opinions.

3. Identity Theft which occurs when a person uses the Internet to steal
someone’s identity and/or impersonate them to open a new credit card
account or conduct some other financial transactions.

Computer Crimes. The use of computers for illegal purposes. Computer

crimes fall into five (5) categories:

1. Theft of Services such as the theft of processing time and services not
entitled to an employee

2. Use of data in a computer system for personal gain

3. Unauthorized use of computers employed for various types of financial

processing to obtain assets

4. Theft of property by computer for personal use or conversion to profit

such as using a computer to illegally copy and sell software

5. Making the computer itself the subject of crime such as placing virus in it
to destroy data.

B. The Electronic Commerce Act

REPUBLIC ACT NO. 8792, otherwise known as “Electronic Commerce

Act” (AN ACT PROVIDING AND USE OF ELECTRONIC COMMERCIAL
AND NON-COMMERCIAL TRANSACTIONS, PENALTIES FOR
UNLAWFUL USE THEREOF, AND OTHER PURPOSES was enacted on June
14, 2000. It aims to facilitate domestic and international dealings, transactions,
arrangements agreements, contracts and exchanges and storage of information
through the utilization of electronic, optical and similar medium, mode
instrumentality and technology to recognize the authenticity and reliability of
electronic data messages or electronic documents related to such activities and to
promote the universal use of electronic transactions in the government and by
the general public.

C. Definition of Terms

1. Addressee- refers to a person who is intended by the originator to receive the

electronic data message or electronic document, but does not include a person
acting as an intermediary with respect to that electronic data message or
electronic data document.
2. Computer- refers to any device or apparatus singly or interconnected which,
by electronic, electro-mechanical, optical and/or magnetic impulse, or other
means with the same function, can receive, record, transmit, store, process,
correlate, analyze, projects, retrieve, and/or produce information, data, text,
graphics, figures, voice, video, symbols or other modes of expression or
perform any one or more of these functions.

3. Electronic data Message- refers to information generated, sent, received or

stored by electronic, optical or similar means.

4. Information and Communications System- refers to a system for generating,

sending, receiving, storing, or otherwise processing electronic documents and
includes the computer system or other similar device by or in which data is
recorded or stored and any procedures related to the recording or storage of
electronic document.

5. Electronic Signature- refers to any distinctive mark, characteristic and/or

sound in electronic form, representing the identity of a person and attached
to or logically associated with the electronic data message or electronic
document or any methodology or procedures employed or adopted by a
person and executed or adopted by such person with the intention of
authenticating or approving an electronic data message or electronic
document.

6. Electronic Document- refers to information or the representation of

information, data, figures, symbols or other modes of written expression,
described or however represented, by which a right is established or an
obligation extinguished, or by which a fact may be prove and affirmed, which
is receive, recorded, transmitted, stored, processed, retrieved or produced
electronically.

7. Electronic Key- refers to a secret code which secures and defends sensitive
information that crossover public channels into a form decipherable only
with a matching electronic key.

8. Intermediary- refers to a person who in behalf of another person and with

respect to a particular electronic document sends, receives and/or stores
provides other services in respect of that electronic data message or electronic
document.

9. Originator- refers to a person by whom, or on whose behalf, the electronic

document purports to have been created, generated and/or sent. The term
does not include a person acting as an intermediary with respect to that
electronic document.

10. Service provider- refers to a provider of-

a) Online services or network access or the operator of facilities therefore

including entities offering the transmission, routing, or providing of
connections for online communications, digital or otherwise, between or
among points specified by a user, of electronic documents of the user's
choosing; or

b) The necessary technical means by which electronic documents of an

originator may be stored and made accessible to designated or
undesignated third party.

Such service providers shall have no authority to modify or alter

the content of the electronic document received or to make any entry
 therein on behalf of the originator, addressee or any third party unless
specifically authorized to do so, and who shall retain the electronic
document in accordance with the specific request or as necessary for the
purpose of performing the services it was engaged to perform.

D. Legal Recognition of Electronic Data Messages and Electronic Documents

Legal Recognition of Electronic Data Messages

Information shall not be denied validity or enforceability solely on the

ground that it is in the form of electronic data message purporting to give rise to
such legal effect, or that it is merely incorporated by reference in that electronic
data message.

Legal Recognition of Electronic Documents

Electronic documents shall have the legal effect, validity or enforceability

as any other document or legal writing, and-

(a) Where the law requires a document to be in writing, that requirement is met
by an electronic document if the said electronic document maintains its integrity
and reliability and can be authenticated so as to be usable for subsequent
reference, in that–

i. The electronic document has remained complete and unaltered, apart

from the addition of any endorsement and any authorized change, or any
change which arises in the normal course of communication, storage and
display; and

ii. The electronic document is reliable in the light of the purpose for which
it was generated and in the light of all relevant circumstances.

(b) Paragraph (a) applies whether the requirement therein is in the form of an
obligation or whether the law simply provides consequences for the document
not being presented or retained in its original form.

(c) Where the law requires that a document be presented or retained in its
original form, that requirement is met by an electronic document if-

i. There exists a reliable assurance as to the integrity of the document from

the time when it was first generated in its final from; and

ii. That document is capable of being displayed to the person to whom it is

to be presented: Provided that no provision of this Act shall apply to vary
any and all requirements of existing laws on formalities required in the
execution of documents for their validity.

For evidentiary purposes, an electronic document shall be the

functional equivalent of a written document under existing laws.

Legal Recognition of Electronic Signatures

An electronic signature on the electronic document shall be equivalent to

the signature of a person on a written document if the signature is an electronic
signature and proved by showing that a prescribed procedure, not alterable by
the parties interested in the electronic document, existed under which-
 (a) A method is used to identify the party sought to be bound and to indicate
said party's access to the electronic document necessary for his consent or
approval through the electronic signature;

(b) Said method is reliable and appropriate for the purpose for which the
electronic document was generated or communicated, in the light of all
circumstances, including any relevant agreement;

(c) It is necessary for the party sought to be bound, in or order to proceed further
with the transaction to have executed or provided the electronic signature; and

(d) The other party is authorized and enables to verify the electronic signature
and to make the decision to proceed with the transaction authenticated by the
same.

E. Admissibility and Evidential Weight of Electronic Data Message or Electronic

Document

In any legal proceedings, nothing in the application of the rules on

evidence shall deny the admissibility of an electronic data message or electronic
document in evidence –

(a) On the sole ground that it is in electronic form; or

(b) On the ground that it is not in the standard written form, and the
electronic data message or electronic document meeting, and complying
with the requirements under Sections 6 or7 hereof shall be the best
evidence of the agreement and transaction contained therein.

In assessing the evidential weight of an electronic data message or

electronic document, the reliability of the manner in which it was generated,
stored or communicated, the reliability of the manner in which its originator was
identified, and other relevant factor shall be given due regard.

F. Lawful Access

Access to an electronic file or an electronic signature of an electronic data

message or electronic document shall only be authorized and enforced in favor
of the individual or entity having a legal right to the possession or the use of
plaintext, electronic signature or file or solely for the authorized purposes. The
electronic key for identity or integrity shall not be made available to any person
or party without the consent of the individual or entity in lawful possession of
that electronic key;

Except for the purposes authorized under the law(RA 8792), any person
who obtained access to any electronic key, electronic data message or electronic
document, book, register, correspondence, information, or other material
pursuant to any powers conferred, shall not convey to or share the same with
any other person.
 G. Unlawful Acts Punished Under the Electronic Commerce Act

The following Acts shall be penalized by fine and/or imprisonment, as

follows:

1. Hacking or crackling with refers to unauthorized access into or

interference in a computer system/server or information and communication
system; or any access in order to corrupt, alter, steal, or destroy using a
computer or other similar information and communication devices, without
the knowledge and consent of the owner of the computer or information and
communications system, including the introduction of computer viruses and
the like, resulting in the corruption, destruction, alteration, theft or loss of
electronic data messages or electronic documents shall be punished by a
minimum fine of One Hundred Thousand pesos (P 100,000.00) and a
maximum commensurate to the damage incurred and a mandatory
imprisonment of six (6) months to three (3) years;

2. Piracy or the unauthorized copying, reproduction, dissemination,

or distribution, importation, use, removal, alteration, substitution,
modification, storage, uploading, downloading, communication, making
available to the public, or broadcasting of protected material, electronic
signature or copyrighted works including legally protected sound
recording or phonograms or information material on protected works,
through the use of telecommunication networks, such as, but not limited
to, the internet, in a manner that infringes intellectual property rights shall
be punished by a minimum fine of One Hundred Thousand pesos (P
100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;

3. Violations of the Consumer Act of Republic Act No. 7394 and

other relevant to pertinent laws through transaction covered by or using
electronic data messages or electronic documents, shall be penalized with the
same penalties as provided in those laws;

4. Other violations of the provisions of this (RA 8792), shall be

penalized with a maximum penalty of One million pesos (P1,000,000.00) or
six (6) years imprisonment.

Chapter

HUMAN TRAFFICKING

A. Concept of Human Trafficking

Human Trafficking. Defined as the recruitment, transport, transfer,

harboring or receipt of a person by such means as threat or use of force or other
forms of coercion, abduction, fraud or deception for the purpose of exploitation.
It differs from human smuggling for the latter is mainly about the illegal entry of
a person into a State, and it is understood to include an element of “consent” or
willingness

Core Elements of the Concept of Trafficking

 1. The action of trafficking which means the recruitment, transportation,
transfer, harboring or receipt of persons;

2. The means of trafficking which includes threat of or the use of force,

deception, coercion, abuse of power or position of vulnerability;

3. The purpose of trafficking is always exploitation

Note:

Exploitation shall include, at a minimum, the exploitation or the

prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery or practices similar to slavery, servitude or removal of organs.

Scope of Trafficking

It is very difficult to assess the real size of human trafficking because the
crime took place underground, and is often not identified. However, a
conservative estimate of the crime puts the number of victims at any one time at
2.5 million. It affects every region of the world and generates tens of billions of
dollars in profits for criminals each year.

Human trafficking affects every country of the world, as countries of

origin, transit or destination- or even a combination of all. It often occurs from
less developed countries to more developed countries, where people are
rendered vulnerable to trafficking because of poverty, conflict or other
conditions.

Commonly Identified Form of Human Trafficking

1) Sexual exploitation

2) Forced labor

3) Domestic servitude and forced marriage;

4) Organ removal; and

5) Exploitation of children in begging, the sex trade and warfare

B. Modalities of Trafficking

While trafficking patterns may differ from country to country and region
to region, a number of common features can be identified.

Disparities in the socio-economic conditions are among the main

underlying reasons for smuggling and trafficking in human beings. In more
simple terms: trafficking/smuggling flows go from poorer to better off countries.
 Recruitment Methods vary but usually involve deception or coercion.
Generally, traffickers target persons in harsh living conditions with limited
educational and professional opportunities. Groups with low social standing
such as minorities and refugees are in special risk of being victimized. Both
women and men often fall prey to promises of non-existent job opportunities.
Child victims are easy to come by. In some cases, children are sold for ready
cash; in other cases they are kidnapped.

Transportation. Traffickers facilitate travel including help with border

crossings, provision of counterfeit documentation, bribing officials, as required.
Depending on the region and the potential financial gain, various modes of
transportation are used, including via the sea.

Control and Exploitation of the persons trafficked will continue in the

country of destination. This is part of the trafficking scheme. Upon arrival of the
country of transit and destination, victims may times are compelled into slave-
like working conditions, and trafficked women and children are often forced into
prostitution. They are kept in debt bondage, obliged to pay back heavy debt
arising out of the cost of transport of fake documents, and often have their
passport and money confiscated in order to control their movements. Women
have been found up in brothels. In many cases, victims of trafficking and even
their relatives back home are subjected to physical threats and violence. They
may also be sold and pass on among various groups. This phenomenon coined
the expression “Countries of Circulation,” which describes a situation where
victims of trafficking, upon arrival are being passed on among traffickers and
circulated for exploitation in a number of countries.

C. The Role of Organized Criminal Groups

In the process of control and exploitation, organized criminal groups have

taken a leading role. They use existing structures and networks, and the same
corrupt officials, to traffic people, drugs, guns, or other commodities. The nature
and degree of organizational structures may differ, as well as commitment to any
one particular process. Structures range from rather informal, small scale
traffickers to small groups or organized criminals up to networks of highly
organized international structures.

International trafficking networks often operate on a highly diversified

level, providing the full range of “services” required, comparable to that of
legitimate business. The trafficking industry includes a large number of
individual specialists and criminal groups, such as investors, recruiters, transport
professionals, and so-called protectors who keep the trafficked persons under
control. In the destination country, money is extracted from the victim and
schemes for laundering the profits are established.

It is the transnational nature of the crime that complicates the

development of adequate prevention and prosecution mechanisms. Trafficking
tends to evolve very rapidly. What makes it difficult to react adequately is the
 capacity of criminal networks to adapt quickly to changing circumstances.
Similar to what happened in the field of drug trafficking, organized criminal
groups will react swiftly to control measures by changing routes and modalities
of business.

D. High Profits-Low Risks

At present, for organized criminal groups the risk is low and profits are
high in trafficking in human beings.

Low Risks

1) Laws related to trafficking may be inadequate;

2) Lacking structures and expertise among law enforcement and border

control agencies to deal with organized crime involvement and the
transnational aspects;

3) Criminal justice are not geared up to respond; and

4) Victims while wanting to escape their situation, may feel reluctant to

cooperate. In fear of being criminalized themselves they are shy away
from confiding to any person with official functions. They are often
unfamiliar with the country and the language and lacking
documentation. In their country of origin they may be threatened by
criminal organizations.

High Profits

1) When consumers are willing to buy goods and services from the
trafficking industry, they create a profit incentive for labor traffickers;

2) When consumers are willing to buy a commercial sex from victims of

sex trafficking, they make it profitable for traffickers to sexually exploit
children and adults; and

3) Left unchecked, human trafficking in both forms will continue to

thrive in environments where traffickers can reap high gains with
relatively low risks.
E. Anti-Trafficking in Persons Act of 2003

The Fight against human trafficking in the Philippines is guided by

REPUBLIC ACT NO. 9208 (ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER)which
was enacted on May 26, 2003.

F. Acts Considered as Trafficking in Persons

The following are considered as an act of trafficking persons, to wit:

1.Recruiting, transporting, transferring; harboring, providing, or receiving

a person by any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;

2. Introducing or matching for money, profit, or material, economic or

other consideration, any person or, as provided for under Republic Act No. 6955,
any Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;

3. Offering or contracting marriage, real or simulated, for the purpose of

acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude
or debt bondage;

4. 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;

5. Maintaining or hiring a person to engage in prostitution or

pornography;

6. Adopting or facilitating the adoption of persons for the purpose of

prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;

7. Recruiting, hiring, adopting, transporting 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; and
 8. Recruiting, transporting or adopting a child to engage in armed
activities in the Philippines or abroad.

G. Acts that Promote Trafficking in Persons

1. Knowingly lease or sublease, use or allow to be used any house, building

or establishment for the purpose of promoting trafficking in persons;

2. Produce, print and issue or distribute unissued, tampered or fake

counseling certificates, registration stickers and certificates of any government
agency which issues these certificates and stickers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;

3. Advertise, publish, print, broadcast or distribute, or cause the

advertisement, publication, printing, broadcasting or distribution by any means,
including the use of information technology and the internet, of any brochure, flyer,
or any propaganda material that promotes trafficking in persons;

4. Assist in the conduct of misrepresentation or fraud for purposes of

facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration and
services for departing persons for the purpose of promoting trafficking in persons;

5.Facilitate, assist or help in the exit and entry of persons from/to the country
at international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons;

6.Confiscate, conceal, or destroy the passport, travel documents, or personal

documents or belongings of trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and

7. Knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.

H. Qualified Trafficking in Persons

The following are considered as qualified trafficking:

1. When the trafficked person is a child;

2. When the adoption is effected through Republic Act No. 8043,

otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption
is for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;

3. When the crime is committed by a syndicate, or in large scale.

Trafficking is deemed committed by a syndicate if carried out by a group of three
(3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons,
individually or as a group;
 4. When the offender is an ascendant, parent, sibling, guardian or a person
who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee;

5. When the trafficked person is recruited to engage in prostitution with

any member of the military or law enforcement agencies;

6. When the offender is a member of the military or law enforcement

agencies; and

7. When by reason or on occasion of the act of trafficking in persons, the

offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).

I. Investigation, Prosecution and Trial of the Crime Of Trafficking in Persons

At any stage of the investigation, prosecution and trial of an offense

under this Act, law enforcement officers, prosecutors, judges, court personnel
and medical practitioners, as well as parties to the case, shall recognize the right
to privacy of the trafficked person and the accused. Towards this end, law
enforcement officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial proceeding, and
after considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other information
tending to establish their identities and such circumstances or information shall
not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it

shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person
utilizing tri-media facilities or information technology to cause publicity of any
case of trafficking in persons.

H. Prescriptive Period of the Crime of Human Trafficking

Trafficking cases under RA 9208 prescribes in ten (10) years; Trafficking

cases committed by a syndicate or in a large scale prescribes in twenty (20)
years.

The prescriptive period commences to run from the day on which the
trafficked person is delivered or released from the conditions of bondage and
interrupted by the filing of the complaint or information and commence to run
again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the
accused.
 Chapter

MONEY LAUNDERING

A. Definitions

Money Laundering. Covers all procedures to change, obscure or conceal

the beneficial ownership or audit trail of illegally obtained money or valuable so
that it appears to have originated from a legitimate source.

It is a process through which the existence of an illegal source of unlawful

application of illicit gains is concealed or disguised to make the gains legitimate,
thereby helping to evade detection, prosecution, seizure and taxation.

B. Money Laundering Process

Placement. The physical disposal of cash proceeds derived from the

unlawful activity. The aim is to remove cash from the location of acquisition to
avoid detection.

Layering. Separating illicit proceeds from their source by creating

complex layers of financial transactions designed to disguise the source of
money, subvert the audit trail and provide anonymity. The purpose is to
disassociate the illicit proceeds from the unlawful activity by creating
intentionally a complex web of financial transactions aimed at concealing any
audit trail as well as the source and ownership of funds.
 Integration. The final stage in the process at which the money is
integrated into legitimate economic and financial systems and is assimilated with
all the other assets in the system.

C. Money Laundering Methods

1. Mix dirty money with legitimate funds

2. Use dirty money for legitimate purposes

3. Invest dirty money legitimate business

Some identified methods of money laundering include:

1. Double invoicing
2. Direct cash deposit

3. Back-to-back loans

4. Fake properties transactions

5. Underworld illicit banking systems

6. Advocate trial fees

7. Smurfing

8. Fake gambling earnings

Others Identified Methods

1. Stock exchange bogus transactions

2. Purchase of shares into holding companies, off-shore companies, box-
letter companies

3. Purchase of shares in private multinational banks, either directly or

through intermediaries

4. Purchases of gold, jewelry, luxury items like luxury cars, ships or

vessels, planes, real estate properties, etc.

D. The Anti-Money Laundering Act of 2001

REPUBLIC ACT NO. 9160, otherwise known as the "Anti-Money

Laundering Act of 2001 which was on approved on September 29, 2001, served
as the legal framework of the Philippines’ countermeasures against money
laundering. This law was amended by RA 9194 , approved on May 7, 2003.

E. Definitions

(a) "Covered institution" refers to:

(1) banks, non-banks, quasi-banks, trust entities, and all other institutions
and their subsidiaries and affiliates supervised or regulated by the Bangko
Sentral ng Pilipinas (BSP);

(2) insurance companies and all other institutions supervised or

regulated by the Insurance Commission; and

a. securities dealers, brokers, salesmen, investment houses and other similar

entities managing securities or rendering services as investment agent, advisor,
or consultant;
 b. mutual funds, close-end investment companies, common trust funds, pre-
need companies and other similar entities;

c. foreign exchange corporations, money changers, money payment, remittance,

and transfer companies and other similar entities; and

d. other entities administering or otherwise dealing in currency, commodities or

financial derivatives based thereon, valuable objects, cash substitutes and other
similar monetary instruments or property supervised or regulated by the
Securities and Exchange Commission.

(b) Covered transaction - is a single, series, or combination of transactions involving a

total amount in excess of Four Million Philippine pesos (PhP4,000,000.00) or an
equivalent amount in foreign currency based on the prevailing exchange rate within five
(5) consecutive banking days except those between a covered institution and a person
who, at the time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those with an
underlying legal or trade obligation, purpose, origin or economic justification.

It likewise refers to a single, series or combination or pattern of unusually large

and complex transactions in excess of Four Million Philippine pesos (PhP4,000,000.00)
especially cash deposits and investments having no credible purpose or origin,
underlying trade obligation or contract.

Note:

The amount is reduced to Five Hundred Thousand Pesos (Php500,000.00) by RA

9194

(c) Monetary instrument- refers to:

(1) coins or currency of legal tender of the Philippines, or of any other country;

(2) drafts, checks and notes;

(3) securities or negotiable instruments, bonds, commercial papers, deposit

certificates, trust certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and confirmations of sale or
investments and money market instruments; and

(4) other similar instruments where title thereto passes to another by

endorsement, assignment or delivery.

(d) Offender- refers to any person who commits a money laundering offense.

(e) Person- refers to any natural or juridical person.

(f) Proceeds- refers to an amount derived or realized from an unlawful activity.

(g) Supervising Authority- refers to the appropriate supervisory or regulatory agency,

department or office supervising or regulating the covered institutions enumerated in
Section 3(a).

(h) Transaction- refers to any act establishing any right or obligation or giving rise to
any contractual or legal relationship between the parties thereto. It also includes any
movement of funds by any means with a covered institution.

(i) Unlawful activity- refers to any act or omission or series or combination thereof
involving or having relation to the following:

(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known
as the Revised Penal Code, as amended;
 (2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as
amended, otherwise known as the Dangerous Drugs Act of 1972;

(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as

amended, otherwise known as the Anti-Graft and Corrupt Practices Act;

(4) Plunder under Republic Act No. 7080, as amended;

(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of
the Revised Penal Code, as amended;

(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree
No. 1602;

(7) Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;

(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;

(9) Swindling under Article 315 of the Revised Penal Code, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

(11) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;

(12) Hijacking and other violations under Republic Act No. 6235; destructive
arson and murder, as defined under the Revised Penal Code, as amended,
including those perpetrated by terrorists against non-combatant persons and
similar targets;

(13) Fraudulent practices and other violations under Republic Act No. 8799,
otherwise known as theSecurities Regulation Code of 2000;

(14) Felonies or offenses of a similar nature that are punishable under the penal
laws of other countries.

F. Money Laundering Offense

Money laundering is a crime whereby the proceeds of an unlawful activity are

transacted, thereby making them appear to have originated from legitimate sources. It 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.

(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) above.

(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.

F. Creation of Anti-Money Laundering Council (AMLC)

The Anti-Money Laundering Council is hereby created and shall be composed of

the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the
Insurance Commission and the Chairman of the Securities and Exchange Commission as
members. The AMLC shall act unanimously in the discharge of its functions as defined
hereunder:
 (1) to require and receive covered transaction reports from covered institutions;

(2) to issue orders addressed to the appropriate Supervising Authority or the covered
institution to determine the true identity of the owner of any monetary instrument or
property subject of a covered transaction report or request for assistance from a foreign
State, or believed by the Council, on the basis of substantial evidence, to be, in whole or
in part, wherever located, representing, involving, or related to, directly or indirectly, in
any manner or by any means, the proceeds of an unlawful activity;

(3) to institute civil forfeiture proceedings and all other remedial proceedings through
the Office of the Solicitor General;

(4) to cause the filing of complaints with the Department of Justice or the Ombudsman
for the prosecution of money laundering offenses;

(5) to initiate investigations of covered transactions, money laundering activities and

other violations of this Act;

(6) to freeze any monetary instrument or property alleged to be proceeds of any

unlawful activity;

(7) to implement such measures as may be necessary and justified under this Act to
counteract money laundering;

(8) to receive and take action in respect of, any request from foreign states for assistance
in their own anti-money laundering operations provided in this Act;

(9) to develop educational programs on the pernicious effects of money laundering, the
methods and techniques used in money laundering, the viable means of preventing
money laundering and the effective ways of prosecuting and punishing offenders; and

(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and -controlled
corporations, in undertaking any and all anti-money laundering operations, which may
include the use of its personnel, facilities and resources for the more resolute prevention,
detection and investigation of money laundering offenses and prosecution of offenders.

G. Authority to Inquire into Bank Deposits

The AMLC may inquire into or examine any particular deposit or investment
with any banking institution or non-bank financial institution upon order of any
competent court in cases of violation of RA 9160, when it has been established that there
is probable cause that the deposits or investments involved are in any way related to a
money laundering offense.
 Chapter

THE ORGANIZED SYNDICATED CRIME GROUP

A. Organized Syndicated Group Defined

Organized Syndicated Crime Group. A profit motivated and highly

capable group of persons or an enterprise organized to undertake widespread,
regular or long term, large scale, high profile and diversified criminal activities
that has high impact to the economy and national security.

B. Essential Elements of an Organized Crime Group

1. Capability:

a) Organizational Structure
(1) Composition- highly structured and complex
(2) Disposition- members have infiltrated a vast variety of legitimate
businesses that circumvent government controls.

b) Resources
(1) High profile strength
(2) Highly sophisticated logistical support
(3) Highly specialized training and indoctrination

c) Networking/Connections
(1) Well-entrenched and fluid network
(2) Tight operating linkages and influenced with law enforcement and
other government agencies
(3) Initiated and maintained through bribery and corruption on public
officials

d) Modus Operandi
(1) High profile
(2) Difficult to counter
(3) Violence and intimidation

2. Motive:
 a) Non-ideological/Non Sectarian
b) Organizational Profit and Advantage

3. Nature of Criminal Activity

a) Crimes that are high profile, sensational, large scale, diversified and
have a high impact to the economy and National Security

4. Time, Duration and Frequency

a) Long term goals
b) Regular operations
c) Widespread or transcend provincial, regional, national or international
political boundaries

Note:
The absence of the attending requirements in the definition of the OSCG will fall
on the concept of ordinary Criminal Gangs.

C. Criminal Gangs

Criminal Gangs. A group of two or more persons who have common

identifying signs or symbols and whose members individually or collectively
engaged in or have engaged in a pattern of criminal activity, creating an atmosphere
of fear and intimidation within the community or a specific area using violence and
intimidation.

Essential Elements of a Criminal Gangs

1. Capability:

a) Organizational Structure- tends to be less control over their members.

b) Composition-loose collection of factions
c) Disposition- members may have previous petty crime experience

2. Resources:

a) Basic criminal tools

b) Minimal logistical support
c) Minimum or no special training and indoctrination

3. Networking/Connections:

a) Local crime network, if any

b) Few or no operating linkages and influences with law enforcement
agencies

4. Modus Operandi:

a) Less corporate-focus attention on making money from specific criminal

activity
b) Territorial-possession of “turf”
c) Scavenger-motivated by the need to belong to a group

5. Personalities:

a) Low level of criminal prominence, influence and linkages in their

locality
b) Mainly from financially/socially disadvantaged sectors of society
 6. Motive:
a) Profit and personal advantage

7. Nature of Criminal Activity:

a) Crimes committed are perpetrated by hatred, vendetta or if for profit

on a particular crime such as kidnapping only, or robbery
b) Petty crimes

D. List for Organized/Syndicated Crime Group

1. The Target List

The “Target List” serves as a master reference list outlining

pertinent data on organized crime groups. Persons to be included in this
category are those who have been included in the “Priority/Wanted List”
and or “Watch List” and who are at the same time members of organized
crime groups. The purpose of this list is to provide a consolidated
reference containing data on organized crime groups for operational
purposes.

Target List for Organized/Syndicated Crime Group Format

1. Name of the Group

Refers to the name which identifies the group from other

groups with the same or similar crime specialties. The group
name is usually from the surname of the group leader unless
the group has utilized another appellation for itself.

2. Criminal Activity

a) Primary . Refers to the main or principal crime specialty, for

which group was originally established

b) Secondary. Refers to other alternative crime specialties

which the group may undertake from time to time as
opportunities warrant.

3. Name the Leader/s

Refers to the full name of the recognized head of the group ,

including nickname or alias. If possible, the bio-data,
photograph and physical and psychological profile of the
individual shall be included.
4. Name of Members

Refers to and enumeration of the members of the group,

including the bio-data, photograph and physical and
psychological profile for each individual.

5. Area of Operation/Main Base

a) Main Base. Place or locality where the group usually plans

or prepares the conduct of its crime operations.

b) Activity Area. Place or places where the group usually

undertake its crime operations.

c) Sanctuary or Haven. Place where the group usually retires

in safety after the conduct of operations which is normally
located outside of its activity area.

d) Safehouses. Places where the group embark or disembark in

its crime operations which is normally located within its
activity area.

e) Stashhouses. Places where the group normally store or

conceal its armaments, vehicles and other equipment prior
to or immediately after each criminal activity.

6. Arms and Equipment

a) Weapons: Type, make, caliber and serial numbers

b) Communication: Radio, Cellular phones etc.

c) Vehicles: Color, year of manufacture, model, brand,

accessories and license plates

7. Current Activities

Crime activities acknowledged or identified to have been

committed by or attributed to the group.

8. Criminal Case Number

9. Connections

Associations and linkages from the government, private and

other sectors established and maintained by the group, to
include their role and circumstances in the group’s activities

10. Modus Operandi

Distinct style or mode of operations used by the group in

perpetrating its crime operations
 11. Criminal Records

Official criminal information of each individual member of

the group, including criminal case number, offense, court of
jurisdiction, case status and warrant of arrests, if any.

12. Economic Assets

Individual or collective financial resources established and

maintained by the group in the form of bank account/deposits,
real estate and other estate and other investment
papers/documents resulting from its crime operations.

13. Group Status

Operational information on whether the group is active or

inactive. An OCG/CG is considered active if it has conducted a
reported criminal activity for the past two (2) years, otherwise,
it shall be considered as inactive.

14. Priority

Covered by COPLAN to neutralize said OCG/CG

15. Lead Agency

Responsible for the direction, collection, production,

dissemination, case build-up and use of info.

16. Support Agency

Responsible for providing support to lead agency,

particularly on info collection.

17. Pending Warrant of Arrests and Criminal Case Number of

Leader and Members

18. Other Information

Information reports on the group and may include any other

information that may be gathered against the group, i.e.
sightings, history, mystical symbolism and planned activities.

19. Remarks and Photographs of Members

20. Attachments

Refers to copies of warrants of arrest and other pertinent

documents on members of the group.

2. The Wanted/Priority List- List consisting of persons who can be directly

subject for arrest. For a person to be included in the wanted list, the latter
must have an issued warrant of arrest and accused of either organized or
heinous crime.
 Wanted List Format

(1) Name/Alias- state the name and aliases used by the person.
(2) Last Known Address- indicate the recent known whereabouts of
the person
(3) Group Affiliation- if applicable, state the name of the group
wherein the person is a member or affiliated with.
(4) Area of Operation/Main Base- state the areas where the person is
conducting operations/harboring
(5) Position- if the person is a member of the group, indicate the
person’s position in the group
(6) Nature of Offense- state the criminal offense the person is charged
with
(7) Criminal Case Number- indicate the criminal case number
(8) Issuing Court- state the court which issued the warrant of arrest
(9) Remarks- state any other relevant information not mentioned
above such as whether there is a reward for the arrest of the person,
etc.
(10) Photograph- include the person’s photograph, if available

3. The Watch List- List consists of persons suspected to have committed

organized or heinous crimes based from unverified reports and are subject for
further monitoring, investigation and case build-up.

Persons to be included in this category are those who have been

implicated in:

(1) Sworn statement of victims, witnesses and arrested suspects;

(2) Tactical interrogation/debriefing reports
(3) Intelligence information and agent’s reports
(4) Signed letter complaints; and
(5) Other official reports

Watch List Format

(1) Name/Alias- state the name and alias used by the person
(2) Last Known Address- indicate the recent known whereabouts of
the person
(3) Group Affiliation- if applicable, state the name of the group
wherein the person is a member or affiliated with
(4) Area of Operation/Main Base- state the area where the person is
conducting operations/harboring
(5) Position- if the person is a member of a group, indicate the person’s
position in the group
(6) Crime Committed/Involvement- state the crime where the person
is suspected to be involve and the person’s nature of involvement
 (7) References- cite particular reference which are basis for the person’s
inclusion in the watch list such as information reports, police
investigation reports, etc.
(8) Photograph- include the person’s photograph, if available

4. Mechanics for Removal and Downgrading of Entries From Wanted List to

Watch List

a) Removing Entries from Wanted List

A person’s name shall be removed from the priority/wanted list only

after the warrant for his arrest has been served. However, same person’s
name shall be placed back in the priority list if the person has:

(1) Escaped while in detention pending the resolution of the court case
(2) Jumped bail
(3) Escape while serving sentence

b) Downgrading Entries from Wanted List to Watch List

In cases where a person has been arrested and is out on bail but is
monitored to be involved in crimes defined in the criteria for the
priority/wanted list, same person’s name shall be removed from the
priority list on the watch list.

5. Mechanics for Removal and Upgrading of Entries From Watch List to

Wanted List

a) Removing Entries From Watch List

If upon verification, a person is found to have no involvement

whatsoever, the person’s name shall be removed from the watch list.

b) Upgrading Entries From Watch List to Wanted List

If enough evidence to warrant the filing of a criminal case in court

and a a warrant of arrest has been issued for the person included in the
watch list, the person’s name shall be removed from the watch list and
placed in the priority list

6. Drawing of Top Twenty Most Wanted Persons From the Wanted List

From among the entries in the priority list, “Top Twenty Most Wanted
Persons” shall be drawn. The parameters which serve as the bases for the
inclusion are as follows:

a) Number of warrant of arrests

b) Gravity of offenses
c) Notoriety and extent of atrocious activities of the person; and
d) Recidivism
 Chapter

THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME

The Philippine Center on Transnational Crime

Pursuant to Executive Order No. 62, the Philippine Center for Transnational Crime is
created under the Office of the President to formulate and implement a concerted program
of action of all law enforcement, intelligence and other government agencies for the
prevention and control of transnational crime.

Powers and Functions

1. To establish through the use of modern information and telecommunication a shared

central data base among government agencies for information on criminals,
methodologies, arrest and convictions on transnational crimes.

2. To supervise the conduct of anti-transnational crime operations of

all government agencies and instrumentalities.

3. To established a central database on national as well as international

legislation and jurisprudence on transnational crime, with the end
view of recommending measures to strengthen responses and
providing of immediate intervention for the prevention, detection
and apprehension of criminals operating in the country.

4. To establish a center for strategic research on the structure and

dynamics of transnational crimes in all its forms, and predict trends
and analyze relationships of given factors for the formulation of
individual and collective strategies for the prevention and detection
of transnational and organized crime and for the apprehension of
the criminals involved.
5. To design programs and projects aimed at enhancing national
capacity building in combating transnational crime as well as
supporting the related programs and projects of other ASEAN and
international centers.
6. To explore and coordinate information exchanges and training with
other government agencies, foreign countries and international
organizations involved in the combat against transnational crime
7. To enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including the use of their
respective personnel, facilities and resources.
 Organizational Structure

The Philippine Center for Transnational Crime is chaired by the

President through the Presidential Anti-Organized Crime Commission
(PAOCC). PCTC is also supervised by the Secretary of the Department of
the Interior and Local Government (DILG), who is the Vice-Chair of
POCC. The Executive Director of the PCTC reports to the President
through the DILG.

Presently, the PCTC have two (2) Executive Offices and four (4)
Directorates:

Office of the Executive Director (OED)

 Directs and controls the movement, deployment,
placement, and the utilization of PCTC units and
personnel including its facilities and other resources.
 Issues detailed implementing policies and instructions
regarding personnel, funds, properties, records,
correspondence and such other matters as maybe
necessary to effectively carry out the functions, powers,
and duties of the PCTC.

Office of the Deputy Executive Director (ODED)

 Assist the Executive director in the exercise of
responsibilities relative to PCTC personnel, human
resource development, logistics, budget and finance,
building security, information management, capability
building, legal research, legislative research, international
cooperation, strategic research and studies.
 Acts as Chairman of the following Committees:
 Committee on Decorum
 Grievance Committee
 Travel Board and Personnel Selection and
Recruitment Committee

Directorate for Support Services (DSS)

 Assist the Executive Director on matters involving
personnel, financial, logistical and security requirements
needed for effective and efficient administration of the
PCTC.
 Performs its functions through its three (3) Divisions,
namely:
 Administrative Division
 Security Services Division
 Budget and Finance Division

Directorate for Operations (DO)

 Assist the Executive Director in monitoring and
supervising the day-to-day operational activities of the
PCTC on all matters concerning anti-transnational crime
operations.
  Performs its functions through its four (4) Divisions,
namely:
 INTERPOL Command and Coordination Division
 Case Management Division
 Capacity Building Division
 Fugitive Investigation and International Notices
Division

Directorate for Research (DR)

 Assist the Executive Director in attaining the intelligence
objectives of the PCTC and in providing its clients with
better, accurate, timely, objective and integrated analyses
on transnational crimes that impact on economy and
security.
 It performs its functions through its six (6) Divisions,
namely:
 Public Safety and Terrorism Division
 Drugs and Criminal Organization Division
 Financial and High-Tech Crimes Division
 Special Crimes Division
 Human trafficking and Smuggling Division
 Information Technology Division

Directorate for Plans and Policies (DPP)

 Assist the Executive Director in the formulation and
development of plans and programs that are beyond the
immediate operational tactical range which includes:
 Organizational and Human Resource Development
 Legislation and International Initiatives
 Strategic studies on the impact of transnational
crimes on law enforcement, public safety and
security
 Performs its functions through its three (3) Divisions,
namely:
 Strategic Research Division
 Policy Formulation Division
 International Cooperation Division

Three (3) Field Offices were activated to serve as strategic points

of information exchange and coordination among law enforcement
agencies, likewise to extend the PCTC's services:

 PCTC Visayas Field Office located in Cebu City

 PCTC Western Mindanao Field Office located in
Zamboanga
 PCTC Eastern Mindanao Field Office located in Davao

Coordinative Mechanism
8. Inter-Agency coordination through established institutions such
as the National Law Enforcement Coordinating Committee
(NALECC)
 The NALECC issued a resolution in April 1999 to include
the PCTC as one of its regular members. The PCTC is the
Chairman of the Sub-Committee on International Law
Enforcement Cooperation (SCILEC).
 Pursuant to E.O 829 NALECC was created to serve as the
venue for the coordination of all law enforcement activities
of various government law enforcement agencies to ensure
unified direction and integration of effort throughout the
country in the suppression of criminal activities on a day-
to-day basis, particularly at the operating levels.
PCTC as INTERPOL Manila NCB Secretariat
 Pursuant to E.O 100 (May 7, 1999) and the Memorandum
on the Implementation of E.O 100 (February 7, 2000), the
general control and supervision of INTERPOL Manila
NCB Secretariat was transferred from the Directorate for
Operations of the PNP to the PCTC to serve as the liaison
office and main coordinating body for international police
cooperation against transnational crime representing all
law enforcement agencies in the Philippines that performs
the following functions:
 Maintains an Operation Center
 Acts on request for information from member
countries, local law enforcement agencies and other
government organizations.
 Disseminates INTERPOL notices, media releases,
requests for investigative assistance and
announcement of conference to concerned bureaus,
law enforcement agencies and other concerned
office.
 At PCTC, the INTERPOL Command and Coordination
Division, under its Directorates for Operations is the office
responsible for processing all requests and responses sent
via INTERPOL Global Communication System known as
1-24/7.

PCTC as INTERPOL NCB Manila Secretariat implements

the following programs:
 1-24/7 Expansion Program - designed to link
selected SCILEC member-agencies to the IGCS that
will provide the access to selective databases
containing information on stolen travel documents,
fingerprints, DNA, stolen vehicles, stolen works of
art and global INTERPOL news.
 INTERPOL "Red Notice" Project - aims to upload
to the INTERPOL database the records of
fugitives/wanted persons who may have fled the
country to escape prosecution and suspected
individuals who were identified to have links with
known terrorist groups.
 Visa Check Project - designed to assist the Bureau
of Immigration and the Department of Foreign
Affairs in exercising better control in the vetting
process for foreigners who are trying to secure a
visa to enter the Philippines.
 Lost Passport Project - designed to sustain the
government initiatives against human trafficking
and terrorism. It aims to upload data on lost stolen
and cancelled passports to the INTERPOL database
primarily to curb human trafficking/smuggling
and identity fraud.
 Fugitive Search Project - aims to run after foreign
nationals with existing warrant of arrest, and/or
fugitives from justice seeking sanctuary in the
country.
 PCTC coordination on information exchanges and training with
local and international counterpart
 The Philippines has entered into a number of Memoranda
of Understanding (MOU) and Memoranda of Agreement
(MOA) with the PCTC acting as the communication-cum-
liaison center.
 Memorandum of Arrangement between the
Republic of the Philippines and New Zealand on
Cooperation to Combat Transnational Organized
Crime
 Multilateral Agreement on Information
Exchange and the Establishment of
Communication Procedures
5. Other Functions
1. Designs programs and projects to enhance capacity building in
combating Transnational Crime
 RP-UK Crisis Management Assistance Program on
Counter Terrorism (RP-UK CMAP) - aims to develop the
capacity of the Philippine law enforcement and other
agencies in managing crises arising from terrorism and
transnational organized crime.
 Training on crisis and consequence management to
mobilized the conduct of training and exercises in
order to ensure effective, multi-discipline and
multi-level response system.
 Harmonization of Philippine crisis management
doctrines and the formulation of a new crisis
management manual preferably using all hazard
approach.
 RP-EU Philippine Boarder Management project (PBMP) -
aims to strengthen and enhance its border management
capacity to more effectively manage migration in
accordance with international norms and protocols.
 Manage by International Organization for
Migration (IOM), with PCTC as Co-Chair of the
PBM Project Advisory Steering Committee.
 Brunei Darussalam-Indonesia-Malaysia-Philippines East
ASEAN Growth Area (BIMP-EAGA) Support Team on
Customs, Immigration, Quarantine and Security BEST
on CIQS) Project - the main objective of this training
activity is to enhance the institutional capabilities of BIMP-
EAGA support team on customs, immigration, quarantine
and security agencies to deliver effective services at the
ports of entry and exit participating in the BIMP-EAGA,
particularly in helping neutralize transnational criminal
activities at the ports.
2. Monitoring Body of the Country's Compliance to the ASEAN
Work Programs to address Transnational Crime
 Consolidation of the accomplishments of all government
agencies involved in the fight against Transnational Crime
and submits a country report to the ASEAN Secretariat
through the Department of the Interior and Local
Government.
3. Support to Policy-Making
 National Legislation - PCTC supported the crafting and
signing of the following national legislation as Secretariat
of its Technical Working Groups and Rescue Agency to
international legislation:
  Anti-Money Laundering Act of 2001
 Anti-Trafficking in Persons Acts of 2003
 Human Security Act of 2007
 Bilateral/International Agreements - in 2006, the PCTC
headed the Philippine Delegation that negotiated the final
draft of the ASEAN Convention on Counter-Terrorism,
which was signed by the ASEAN leaders at the summit
held in January 2007.

C. The Role of INTERPOL in the Global Fight Against Transnational Crimes

INTERPOL - by the name of the International Criminal Police Organization, an
organization established to promote international criminal police cooperation

 Conceptualized way back in 1920's after a meeting of the

representatives of criminal police in 20 nations, which discussed the
apparent problem of phenomenal increase in crimes on Europe that
lead to the creation of the International Police Commission which had
its headquarters in Vienna.
 1956, the Commission Constitution was completed and formally
ratified and change the name into its present International Criminal
Police Organization, "INTERPOL".
1. INTERPOL's Mission
"To be the whole world pre-eminent police organization in
support of all organizations, authorities, and services whose mission is
preventing, detecting and suppressing crimes".

INTERPOL seeks to achieve this by:

1. Providing both a global perspective and a regional focus

2. Exchanging information that is timely, accurate, relevant and
complete
3. Facilitating international cooperation
4. Coordinating operational activities of the member countries and
making available know-how, expertise and good practice.
2. INTERPOL Three Core Services
1. A unique global police communication system
2. A range of criminal data bases and analytical services
3. Proactive support for police operations throughout the world.
3. INTERPOL Organizational Structure
1. General Assembly - make major decisions on the policy, budget,
working methods, finances and programs of activities of Interpol.
 Composed of delegated appointed by the government of
member countries.
 Each member country represented has one vote.
2. Executive Committee - supervises the execution of the decisions of
the general assembly and the work of the secretary general.
 Have 13 members, the president (chair of the committee), 4
vice presidents, and 8 delegates.
 Members are elected by the general assembly and should
represent different countries.
 The president and the four vice presidents must come
from different continents.
 The president is elected for 4 years term and vice
presidents for 3 years term.
3. General Secretariat - implements decisions and recommendations
adopted by the two governing bodies through Secretary General.
4. National Central Bureau - staffed with the countries own police
officers. These bureaus become the single point contact for foreign
governments requiring assistance, which oversees investigations
and information's on the different police structures in other
countries.
INTERPOL Fighting Terrorism
INTERPOL'S two-fold rule in fighting Terrorism:

5. To prevents acts of international terrorism

6. If such acts are carried out, to ensure that the perpetrators are
brought to justice
 Achieve by exchanging information's with its member
countries through its source messaging system and by
arranging meetings of expert to address the subject.
4. INTERPOL Fugitive Investigation
 At the request of its member countries, they electronically
circulate on an international scope notices containing
identification, details and judicial information's about
wanted criminals.
 Actively encourages the international search for the arrest
of fugitives and offender wherever they may hide.
 Coordinates and enhances international cooperation in the
field.
 Collects and disseminates best practice and expert
knowledge
 Offers direct investigative support and specialized
knowledge
 Develops and promotes best practices and trainings.

The International Notices System

INTERPOL's Five (5) Types of Notices:

 Red Notice - based on national arrest warrants, are used to

seek the arrest and extradition of suspects.

 Blue Notice - are used to seek information on the identity

of persons or on their illegal activities related to criminal
matters.

 Green Notice -are used to provide warnings and criminal

intelligence about persons who have committed criminal
offenses and who are likely to repeat these crimes in other
countries.

 Yellow Notice - are used to locate missing persons

including children, or help people to identify themselves.

 Black Notice - are used to determine the identity of

deceased person.
 Chapter

THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME

B. The Philippine Center on Transnational Crime

Pursuant to Executive Order No. 62, the Philippine Center for Transnational Crime is
created under the Office of the President to formulate and implement a concerted program
of action of all law enforcement, intelligence and other government agencies for the
prevention and control of transnational crime.

Powers and Functions

2. To establish through the use of modern information and

telecommunication a shared central data base among government
agencies for information on criminals, methodologies, arrest and
convictions on transnational crimes.

3. To supervise the conduct of anti-transnational crime operations of

all government agencies and instrumentalities.

4. To established a central database on national as well as international

legislation and jurisprudence on transnational crime, with the end
view of recommending measures to strengthen responses and
providing of immediate intervention for the prevention, detection
and apprehension of criminals operating in the country.

5. To establish a center for strategic research on the structure and

dynamics of transnational crimes in all its forms, and predict trends
and analyze relationships of given factors for the formulation of
individual and collective strategies for the prevention and detection
of transnational and organized crime and for the apprehension of
the criminals involved.
6. To design programs and projects aimed at enhancing national
capacity building in combating transnational crime as well as
supporting the related programs and projects of other ASEAN and
international centers.
7. To explore and coordinate information exchanges and training with
other government agencies, foreign countries and international
organizations involved in the combat against transnational crime
8. To enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including the use of their
respective personnel, facilities and resources.
 Organizational Structure

The Philippine Center for Transnational Crime is chaired by the

President through the Presidential Anti-Organized Crime Commission
(PAOCC). PCTC is also supervised by the Secretary of the Department of
the Interior and Local Government (DILG), who is the Vice-Chair of
POCC. The Executive Director of the PCTC reports to the President
through the DILG.

Presently, the PCTC have two (2) Executive Offices and four (4)
Directorates:

Office of the Executive Director (OED)

 Directs and controls the movement, deployment,
placement, and the utilization of PCTC units and
personnel including its facilities and other resources.
 Issues detailed implementing policies and instructions
regarding personnel, funds, properties, records,
correspondence and such other matters as maybe
necessary to effectively carry out the functions, powers,
and duties of the PCTC.

Office of the Deputy Executive Director (ODED)

 Assist the Executive director in the exercise of
responsibilities relative to PCTC personnel, human
resource development, logistics, budget and finance,
building security, information management, capability
building, legal research, legislative research, international
cooperation, strategic research and studies.
 Acts as Chairman of the following Committees:
 Committee on Decorum
 Grievance Committee
 Travel Board and Personnel Selection and
Recruitment Committee

Directorate for Support Services (DSS)

 Assist the Executive Director on matters involving
personnel, financial, logistical and security requirements
needed for effective and efficient administration of the
PCTC.
 Performs its functions through its three (3) Divisions,
namely:
 Administrative Division
 Security Services Division
 Budget and Finance Division

Directorate for Operations (DO)

 Assist the Executive Director in monitoring and
supervising the day-to-day operational activities of the
PCTC on all matters concerning anti-transnational crime
operations.
 Performs its functions through its four (4) Divisions,
namely:
  INTERPOL Command and Coordination Division
 Case Management Division
 Capacity Building Division
 Fugitive Investigation and International Notices
Division

Directorate for Research (DR)

 Assist the Executive Director in attaining the intelligence
objectives of the PCTC and in providing its clients with
better, accurate, timely, objective and integrated analyses
on transnational crimes that impact on economy and
security.
 It performs its functions through its six (6) Divisions,
namely:
 Public Safety and Terrorism Division
 Drugs and Criminal Organization Division
 Financial and High-Tech Crimes Division
 Special Crimes Division
 Human trafficking and Smuggling Division
 Information Technology Division

Directorate for Plans and Policies (DPP)

 Assist the Executive Director in the formulation and
development of plans and programs that are beyond the
immediate operational tactical range which includes:
 Organizational and Human Resource Development
 Legislation and International Initiatives
 Strategic studies on the impact of transnational
crimes on law enforcement, public safety and
security
 Performs its functions through its three (3) Divisions,
namely:
 Strategic Research Division
 Policy Formulation Division
 International Cooperation Division

Three (3) Field Offices were activated to serve as strategic points

of information exchange and coordination among law enforcement
agencies, likewise to extend the PCTC's services:

 PCTC Visayas Field Office located in Cebu City

 PCTC Western Mindanao Field Office located in
Zamboanga
 PCTC Eastern Mindanao Field Office located in Davao

Coordinative Mechanism
9. Inter-Agency coordination through established institutions such
as the National Law Enforcement Coordinating Committee
(NALECC)
 The NALECC issued a resolution in April 1999 to include
the PCTC as one of its regular members. The PCTC is the
Chairman of the Sub-Committee on International Law
Enforcement Cooperation (SCILEC).
 Pursuant to E.O 829 NALECC was created to serve as the
venue for the coordination of all law enforcement activities
of various government law enforcement agencies to ensure
unified direction and integration of effort throughout the
country in the suppression of criminal activities on a day-
to-day basis, particularly at the operating levels.
PCTC as INTERPOL Manila NCB Secretariat
 Pursuant to E.O 100 (May 7, 1999) and the Memorandum
on the Implementation of E.O 100 (February 7, 2000), the
general control and supervision of INTERPOL Manila
NCB Secretariat was transferred from the Directorate for
Operations of the PNP to the PCTC to serve as the liaison
office and main coordinating body for international police
cooperation against transnational crime representing all
law enforcement agencies in the Philippines that performs
the following functions:
 Maintains an Operation Center
 Acts on request for information from member
countries, local law enforcement agencies and other
government organizations.
 Disseminates INTERPOL notices, media releases,
requests for investigative assistance and
announcement of conference to concerned bureaus,
law enforcement agencies and other concerned
office.
 At PCTC, the INTERPOL Command and Coordination
Division, under its Directorates for Operations is the office
responsible for processing all requests and responses sent
via INTERPOL Global Communication System known as
1-24/7.

PCTC as INTERPOL NCB Manila Secretariat implements

the following programs:
 1-24/7 Expansion Program - designed to link
selected SCILEC member-agencies to the IGCS that
will provide the access to selective databases
containing information on stolen travel documents,
fingerprints, DNA, stolen vehicles, stolen works of
art and global INTERPOL news.
 INTERPOL "Red Notice" Project - aims to upload
to the INTERPOL database the records of
fugitives/wanted persons who may have fled the
country to escape prosecution and suspected
individuals who were identified to have links with
known terrorist groups.
 Visa Check Project - designed to assist the Bureau
of Immigration and the Department of Foreign
Affairs in exercising better control in the vetting
process for foreigners who are trying to secure a
visa to enter the Philippines.
 Lost Passport Project - designed to sustain the
government initiatives against human trafficking
and terrorism. It aims to upload data on lost stolen
and cancelled passports to the INTERPOL database
primarily to curb human trafficking/smuggling
and identity fraud.
 Fugitive Search Project - aims to run after foreign
nationals with existing warrant of arrest, and/or
fugitives from justice seeking sanctuary in the
country.
 PCTC coordination on information exchanges and training with
local and international counterpart
 The Philippines has entered into a number of Memoranda
of Understanding (MOU) and Memoranda of Agreement
(MOA) with the PCTC acting as the communication-cum-
liaison center.
 Memorandum of Arrangement between the
Republic of the Philippines and New Zealand on
Cooperation to Combat Transnational Organized
Crime
 Multilateral Agreement on Information
Exchange and the Establishment of
Communication Procedures
5. Other Functions
1. Designs programs and projects to enhance capacity building in
combating Transnational Crime
 RP-UK Crisis Management Assistance Program on
Counter Terrorism (RP-UK CMAP) - aims to develop the
capacity of the Philippine law enforcement and other
agencies in managing crises arising from terrorism and
transnational organized crime.
 Training on crisis and consequence management to
mobilized the conduct of training and exercises in
order to ensure effective, multi-discipline and
multi-level response system.
 Harmonization of Philippine crisis management
doctrines and the formulation of a new crisis
management manual preferably using all hazard
approach.
 RP-EU Philippine Boarder Management project (PBMP) -
aims to strengthen and enhance its border management
capacity to more effectively manage migration in
accordance with international norms and protocols.
 Manage by International Organization for
Migration (IOM), with PCTC as Co-Chair of the
PBM Project Advisory Steering Committee.
 Brunei Darussalam-Indonesia-Malaysia-Philippines East
ASEAN Growth Area (BIMP-EAGA) Support Team on
Customs, Immigration, Quarantine and Security BEST
on CIQS) Project - the main objective of this training
activity is to enhance the institutional capabilities of BIMP-
EAGA support team on customs, immigration, quarantine
and security agencies to deliver effective services at the
ports of entry and exit participating in the BIMP-EAGA,
particularly in helping neutralize transnational criminal
activities at the ports.
2. Monitoring Body of the Country's Compliance to the ASEAN
Work Programs to address Transnational Crime
 Consolidation of the accomplishments of all government
agencies involved in the fight against Transnational Crime
and submits a country report to the ASEAN Secretariat
through the Department of the Interior and Local
Government.
3. Support to Policy-Making
 National Legislation - PCTC supported the crafting and
signing of the following national legislation as Secretariat
of its Technical Working Groups and Rescue Agency to
international legislation:
 Anti-Money Laundering Act of 2001
 Anti-Trafficking in Persons Acts of 2003
  Human Security Act of 2007
 Bilateral/International Agreements - in 2006, the PCTC
headed the Philippine Delegation that negotiated the final
draft of the ASEAN Convention on Counter-Terrorism,
which was signed by the ASEAN leaders at the summit
held in January 2007.

D. The Role of INTERPOL in the Global Fight Against Transnational Crimes

INTERPOL - by the name of the International Criminal Police Organization, an
organization established to promote international criminal police cooperation

 Conceptualized way back in 1920's after a meeting of the

representatives of criminal police in 20 nations, which discussed the
apparent problem of phenomenal increase in crimes on Europe that
lead to the creation of the International Police Commission which had
its headquarters in Vienna.
 1956, the Commission Constitution was completed and formally
ratified and change the name into its present International Criminal
Police Organization, "INTERPOL".
1. INTERPOL's Mission
"To be the whole world pre-eminent police organization in
support of all organizations, authorities, and services whose mission is
preventing, detecting and suppressing crimes".

INTERPOL seeks to achieve this by:

1. Providing both a global perspective and a regional focus

2. Exchanging information that is timely, accurate, relevant and
complete
3. Facilitating international cooperation
4. Coordinating operational activities of the member countries and
making available know-how, expertise and good practice.
2. INTERPOL Three Core Services
1. A unique global police communication system
2. A range of criminal data bases and analytical services
3. Proactive support for police operations throughout the world.
3. INTERPOL Organizational Structure
1. General Assembly - make major decisions on the policy, budget,
working methods, finances and programs of activities of Interpol.
 Composed of delegated appointed by the government of
member countries.
 Each member country represented has one vote.
2. Executive Committee - supervises the execution of the decisions of
the general assembly and the work of the secretary general.
 Have 13 members, the president (chair of the committee), 4
vice presidents, and 8 delegates.
 Members are elected by the general assembly and should
represent different countries.
 The president and the four vice presidents must come
from different continents.
 The president is elected for 4 years term and vice
presidents for 3 years term.
3. General Secretariat - implements decisions and recommendations
adopted by the two governing bodies through Secretary General.
4. National Central Bureau - staffed with the countries own police
officers. These bureaus become the single point contact for foreign
governments requiring assistance, which oversees investigations
and information's on the different police structures in other
countries.
INTERPOL Fighting Terrorism
INTERPOL'S two-fold rule in fighting Terrorism:

5. To prevents acts of international terrorism

6. If such acts are carried out, to ensure that the perpetrators are
brought to justice
 Achieve by exchanging information's with its member
countries through its source messaging system and by
arranging meetings of expert to address the subject.
4. INTERPOL Fugitive Investigation
 At the request of its member countries, they electronically
circulate on an international scope notices containing
identification, details and judicial information's about
wanted criminals.
 Actively encourages the international search for the arrest
of fugitives and offender wherever they may hide.
 Coordinates and enhances international cooperation in the
field.
 Collects and disseminates best practice and expert
knowledge
 Offers direct investigative support and specialized
knowledge
 Develops and promotes best practices and trainings.

The International Notices System

INTERPOL's five types of notices:

 Red Notice - based on national arrest warrants, are used to

seek the arrest and extradition of suspects.
 Blue Notice - are used to seek information on the identity
of persons or on their illegal activities related to criminal
matters.
 Green Notice -are used to provide warnings and criminal
intelligence about persons who have committed criminal
offenses and who are likely to repeat these crimes in other
countries.
 Yellow Notice - are used to locate missing persons
including children, or help people to identify themselves.
 Black Notice - are used to determine the identity of
deceased person.

Chapter