Lea 122 Module 1

Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology

Malita, Davao Occidental
LEA122 – MARIA LUZ J VILLACUATRO, RCrim
LEA122 MODULE 1
Learning Content:
: Introduction to Comparative Models in Policing
: Globalization and Its Effect to Policing
: Transnational Crimes
What is Policing?
- means, "controlling, monitoring, tracking, and altering, if required, public
conduct". Its core concept is identified by its relation with the potential use of
force in ensuring obedience to the law, within the rule of law. (Manning 1977)
What is Comparative Policing System?

- this refers to the science and art of investigating and comparing the police
system of nations, which covers the study of their police organizations,
trainings and methods of policing.
What is Comparative Criminal Justice?

- this pertains to the sub-field of criminal justice which deals with comparing
the similarities and differences of criminal justice in terms of structure, goals,
punishment and emphasis on rights as well as history, and political structure
of different systems.
TYPES OF CRIMINAL JUSTICE SYSTEM IN THE WORLD
1. Common Law System. It is characterized by strong adversarial procedures and

relies upon oral evidence in which the public trial is a main focal point; also known
as "Anglo-American Justice" and adopted in most English-speaking countries.
2. Civil Law System. This system exists throughout European countries. It is
characterized by a strong inquisitorial system where less right is granted to the
accused and the written law is taken as gospel and subject to little interpretation;
also known as "Continental Justice or Romano-Germanic Justice"
3. Socialist System. This system can be characterized by procedures designed to
rehabilitate or retrain people into fulfilling their responsibilities to the State. It is the
paramount expression of positive law designed to move ahead toward the
perfection of the State and mankind. The administrative officials, not legal
officials, who make most of the decisions in the administration of justice. This is
also known as the Marxist-Leninist Justice and practiced in Africa and Asia.
4. Islamic System. In this system, procedures and practices in the administration of
justice are derived from the interpretation of the Holy Qur'an. Generally, the
Islamic System is characterized by the absence of positive law2 and is based
more on the concept of natural justice or customary law or tribal traditions, where
crimes are considered as an act of injustice that conflict with tradition. Religion
plays a significant role to the extent of theocracy, where the country is ruled by
religious leaders.
TYPES OF POLICE SYSTEMS IN THE WORLD
1. Fragmented Police System — This system, which is found in the United States
of America, is directly attributed to the federated nature of the political system
and local communities asserting their right to home rule.
2. Combined Police System — This system is marked by the national and local
governments cooperating and sharing in the responsibility for establishing a
police service. England 's police organization is an example of this system.
3. National Centralized Police System — In this system, the central government
creates a national police force for the community. This was originated in Rome
and found in democratic countries like France as well as in some non-
democratic countries.
CLASSIFICATION OF POLICE OPERATIONAL STYLES
1. As to law enforcement styles
a. Legalistic, where emphasis is on violations of law and the use of threat or

actual arrest to solve disputes in the community. In theory, the more arrests
that are made, the safer the community will be. This style is often found in large
metropolitan areas.
b. Watchman, where emphasis is on informal means of resolving disputes and
problems in a community. Keeping the peace is the paramount concern; arrest
is used only as a last resort to resolve any kind of disturbance of the peace.
This style is commonly found in lower socioeconomic communities.
c. Service, where emphasis is on helping the community as opposed to enforcing
the law. Referrals and diversion to community treatment agencies are common
instead of arrest and formal court action. This style is most likely found in
wealthy communities.
2. As to the degree of commitment to maintaining order and respect for due

process
a. Enforcers, where emphasis is on order, with little respect for due process.
b. Idealists, where emphasis is on both social order and due process.
c. Optimists, where emphasis is on due process, with little priority given to social
order.
d. Realists, where little emphasis is given to due process or social order.
3. As to the way police officers use their authority and power in street police work
a. Professional, where police officers have the necessary passion and perspective
to be valuable police officers.
b. Enforcers, where police officers have passion in responding to human problems
but do not recognize limits on their power to resolve them.
c. Reciprocators, where police officers often are too objective in that they have
perspective but virtually no passion, resulting in a detachment from the suffering
they encounter and often a failure to take action.
d. Avoiders, where police officers have neither passion nor perspective, resulting in
no intellectual recognition of people's problems and no action to resolve them.
What is Globalization?
- It refers to the process by which regional economies, societies, and culture,
as well as information, ideas and even authority become integrated by a
global network of political ideas through communication, transportation, and
trade. In addition, it pertains to the increasing interconnectedness of the
different parts of the world through common processes of economic,
environmental, political and cultural changes.
EVENTS THAT CONTRIBUTED TO THE EMERGENCE OF GLOBALIZATION
1. Establishment of international agencies and institutions

2. Standardize system of global time
3. Global networks of communication
4. International competitions and prizes
5. International law
6. Internationally shared notions of citizenship and human rights
CAUSES OF GLOBALIZATION
1. International division of labor
2. Internationalization of finance i.e., the emergence of global banking and
globally integrated financial markets
3. The new technology system based on a combination of innovations, including
solar energy, robotics, microelectronics, and digital communications and
information system
4. The growth of the consumer markets among the more affluent populations of
the world; similar trends in consumer tastes have been created by similar
processes
CHALLENGES BROUGHT BY GLOBALIZATION TO LAW ENFORCEMENT

1. Vast increase in the number of economic and social transaction across

national borders inevitably make organized criminal activity move from the
national to international level
2. The evolution of the "Global Village" which opened up unprecedented
opportunities for transnational crime because it has fundamentally changed
the context in which both legitimate and illegitimate business operate
3. Growth of transnational economic transaction that complicates the ability of
governments to regulate and control monetary movements across boundaries
4. Rise of cosmopolitan world cities as the repositories of capital and wealth and
as major facilitators of cross border transaction which provides operation
based for criminal organizations
5. Accessibility of consumers to information about goods and services around
the world giving rise to global marketing opportunities both licit and illicit
6. Increase in migration and growth of ethnic groups have facilitated in the
creation of network structures for the supply of illicit good in the global market.
In summary, globalization presents new opportunities of global information
and developments, but it also presents threats because of the unaccountable
transnational flow of people, information, and ideas, which present
opportunities for organized crime and new forms of transnational cooperation
between organized criminal groups
THE CHANGING ROLE OF THE POLICE IN THE PAST
- The police were preoccupied solving craft local crimes. With globalization,
they are now faced with highly organized and sophisticated crimes, like
terrorism, bank robbery, drug trafficking, money laundering, and kidnap for
ransom, among others. Moreover, crimes have crossed borders. Like big
corporations, organized crimes have evolved into transnational crimes, with
operations in different parts of the world (McCarthy, 2011).
EFFECTS OF GLOBALIZATION TO POLICING
1. The emergence of transnational criminal activities

2. Need for transnational policing; hence cooperation among police
organizations in the world is vital
3. Training instruction for law enforcement officers must include the use of
updated technological tools
4. Development of new strategies to deal with transnational organized crime
groups
5. There is a need to update laws related to law enforcement based on the
contemporary theories of crime causation.
“The principal targets of international police cooperation are serious transnational

crimes. Article 2 of the United Nations Convention against Transnational Organized

Crimes defines serious crime as "conduct constituting an offence punishable by a
maximum deprivation of liberty of at least four years or a more serious penalty".
Moreover, Article 2 describes "organized criminal group to mean a structured group
of three or more persons, existing for a period of time and acting in concert with the
aim of committing one or more serious crimes or offences established in accordance
with this Convention, in order to obtain, directly or indirectly, a financial or other
material benefit" ll. In addition, the United Nations office of Drugs and Crime states
that the “transnational nature of organized crime means that criminal networks forge
bonds across borders as well as overcome cultural and linguistic differences in the
commission of their crime. Organized crime is not stagnant, but adapts as new
crimes emerge and as relationships between criminal networks become both more
flexible, and more sophisticated, with ever-greater reach around the globe" (UNODC).
This chapter discusses some transnational crimes besetting the world as well as the
various bilateral and international pacts established to fight these menaces.
Furthermore, the Philippine responses to address these problems are also presented
herein”
What is Transnational Crime?
- an activity that is considered a criminal offense by at least two countries. It is

an offense whose inception, prevention and/or indirect effects involves more
than one country.
- The word "transnational describes crimes that are not only international, but
crimes that by their nature involve border crossing as an essential part of the
criminal activity. It also includes crimes that take place in one country, but its
consequences significantly affect another country (Allurn and Gilmore, 2012).
NOTE: Transnational Crimes are especially concerned with acts criminalized by

laws of more than one country, while International Crimes are crimes prohibited by
international laws, norms, treaties and customs.
Examples of Transnational Crimes
1. Terrorism — A tactic or technique by means of which a violent act or threat

thereof is used for the prime objective of creating overwhelming fear for
coercive purposes.
2. Trafficking in Persons— the exploitation of vulnerable people for purposes of
sex, labor, and organ harvest by organized criminal groups.
3. Money Laundering — is a process by which, assets primarily cash assets,
which are derived from illegal activities are manipulated in such a manner to
make them look as it were derived from legitimate sources.
4. Drug Trafficking — illegal movement across one or more national frontiers of
psychoactive substances.
5. Cybercrimes — crimes that involve an information and communication

techn010U (ICT) network. In the Philippines, Republic Act 10175 or the
Cybercrime Prevention Act divides these typologies into: a. Crimes that target a
computer network or device directly; and b. Crimes facilitated by computer
network or devices. Typically, these are violations of the Revised Penal Code and
other special laws done through means provided by ICT. An example would be
illegal recruitment done through online means.
A. TERRORISM
Terrorism is not easy to define. For one, attempts of the United Nations to postulate
a universal definition through the UN Comprehensive Convention on International
Terrorism has yet to produce any solid fruit owing to a confluence of factors. Primary of
which is the resistance of the members of the Organization of the Islamic States to
include armed struggle for liberation and self-determination as among the acts that may
fall under the umbrella of terrorist acts.
Here are a few attempts on defining terrorism:
• The use or threatened use of force designed to bring about a political change [Brian
Jinkins, 19841. • Constitutes the illegitimate use of force to achieve a political
objective by targeting innocent people [Walter Liqueur, 19701.
• Unlawful use of force or violence designed to intimidate or coerce a government or
civilian population in the furtherance of political or social objectives. [Omnibus
• Diplomatic Security, An Anti-Terrorism Act of 19861 Socially and politically
unacceptable violence aimed at an innocent target to achieve psychological effect
(Martha Crenshaw, 1983).
• Method of combat in which the victims serve as symbolic targets.
• A premeditated, perpetrated against non-combatant targets by subnational groups.
Any act intended to cause death or serious bodily harm to civilians or non-
combatants with the purpose of:
1. Intimidating a population of serious bodily harm; and

2. Compelling a government or an international organization to do or abstain doing
any act. [UN Panel - 03- 17-051
• Terrorists — one who does all acts of terrorism.

• Terrorist Group — Any organization that engages in or had engaged in, terrorist
activity. This includes not only violent groups but legitimate groups that fund terrorists’
operations.
• 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.
History of Terrorism
Terrorism originated from the French Revolution (1789-1795) which describe the
actions of the French government during the so- called 'Reign of Terror'.
In the political upheavals in Europe in 1848 dubbed as the 'Revolutions of 1848 or the
Springtime of the Peoples', it was employed to describe violent revolutionaries who
revolted against the government. By the end of 1800-1900, terrorism was used to
describe the violent activities of a number of groups including: labor organizations,
anarchists, nationalist groups revolting against the foreign powers and ultranationalist
political organizations.
After the Second World War, as the colonized people revolted from European
domination. nationalist groups were declared as terrorist groups by most colonial
powers:
From the 1960s to early 1980s, it was applied to violent left-wing groups, as well as
to nationalist groups in Asia, Africa, the Middle East and even Latin America. In the
mid-1980s, the US defined terrorism as a violent activity of the hate movement12.
Internationally, terrorism was viewed as sub-national warfare. A number of terrorists
were sponsored by rogue regimes. Today, terrorism also refers to a large group who
are independent from a state, violent religious fanatics, and violent groups who
terrorize for a particular cause such as the environment.
Criteria in Defining Terrorism: target; objective; motive; perpetrator, and

legitimacy or legality of the act.
Kinds of Terrorism
1. Apolitical Terrorism — Employment of force in a terroristic manner

but for non-political ends.
Types of Apolitical Terrorism
a. Psychotic Terrorism — develops from abnormal behavior; those who attempt

bizarre, ostensibly political actions with uncertain or irrational motives.
b. Criminal terrorism - systematic use of terror for material gain. The primary
manifestation of force in this form of terrorism includes kidnapping, extortion,
gangland assassinations and murders.
c. Mystical Terrorism — involves the use of lethal force against symbolic victims
to influence or invoke supernatural powers. Mysticism plays a part in both the
instigation of terrorism and the enhancement of its effect.
2. Revolutionary Terrorism — Its primary purpose is the destabilize and topple the
incumbent regime, replacing it with a political apparatus more acceptable to the

revolutionaries. [e.g., Chinese Revolution; and the Vietnamese Revolution]
3. State Terrorism — involves the employment of lethal force by state governments

upon civilian populations for the express purpose of weakening or destroying their will
to resist. It could be internal or external. Internal state terrorism is the use of lethal
force by the state government against its own civilian population with the purpose of
repressing the people, making them apolitical or politically malleable, and/or
weakening the population’s willingness to support revolutionary or other anti-
government forces.
Types of State Terrorism
a. Repression Terrorism — engaged in by a terrorist state regime against

elements of its own population to create conditions enough for that regime to
remain in political control.
b. Military Terrorism employment of terrorism by a nation's military instrument
against the civilian population of an enemy nation for the purpose of
undermining the population 's will to support its own government or shattering
the cohesion of the population making it unable to support its government.
Thus, where repression terrorism seeks to control the population, military
terrorism seeks to make that target population unmanageable.
c. State-Sponsored Terrorism-involves the employment of lethal force across
international borders for the purpose of destroying or weakening the political
cohesion of a targeted political entity. The state employing state-sponsored
terrorism does not use its own military instrument to deliver the lethal force, but
harness social elements within the targeted entity to do so.
Sub-Types of State-Sponsored Terrorism
1) National Revolutionary Terrorism — Can be supported by sovereign states

wishing to weaken or topple the incumbent regime of the target state. [e.g., Italian
Red Brigades; German Red Army Faction, etc.)
2) International Revolutionary Terrorism – Those that employ terrorism targets

controlled and operated by persons other than terrorists own fellow countrymen. [e.g.,
Palestinian Liberation Organization; Islamic Jihad; or another radical Islamic terrorist
group]
3.) Minute Political Terrorist Gangs — Micro-political terrorist gangs likely to

receive state sponsorship. They do not have popular support but support for them
can cause disruption in the targeted entity. [e.g., German Red Army factions].
Traditional Terrorist Tactics

1. Bombing
2. Hijacking
3. Arson
4. Assault
5. Kidnapping
6. Hostage-taking
International Legal Instruments Against Terrorism

1. 1963 Convention on offenses and Certain Other Acts
Committed on Board Aircraft 2. 1970 Convention for the
Suppression of Unlawful Seizure of Aircraft
3. 1971 Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation
4. 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation
5. 2010 Convention on the Suppression of Unlawful Acts Relating to
International Civil Aviation
6. 1997 International Convention for the Suppression of Terrorist
Bombings
7. 1991 Convention on the Marking of Plastic Explosives for the
Purpose of Detection 8. 1999 International Convention for the
Suppression of the Financing of Terrorism
8. 1999 International Convention for the Suppression of the
Financing of Terrorism
9. 2005 International Convention for the Suppression of Acts of Nuclear Terrorism
These are some of the legal instruments that have been drafted by the United
Nations and its specialized agencies to fight terrorism. Any member state of the UN is
welcome to adopt these in their territories.
Basic Organizational Structures of Terrorist Groups
1. Command — The smallest group, is at the top, and responsible for the
command. As in military circles, leadership makes policy and plans while
providing general direction.
2. Active Cadre [military term] — They are the people who we call "terrorists".
They are responsible for carrying out the mission of the terrorist organization.
They have one or more specialties. Other terrorists support each specialty, but
the active cadre is the striking arm of the terrorist group.
3. Active Supporters — They are the people who keep the terrorists in the field.
They maintain communication channels, provide safe houses, gather
intelligence, and ensure all other logistical needs are met. This is the largest
internal group in the organization.
4. Passive supporters — They complement active supporters. People who do
not readily join terrorist groups but simply represent a favorable element of the
political climate. Many times, they were used without their knowledge.
“The Al Qaeda”
Arabic for "The Base"; founded by Osama bin Laden, Muhammed Atef, and Ayman
al-Zawahiri to continue the Jihad internationally.
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 known 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.
“The Islamic State of Iraq and Syria (ISIS)”

A. History Cause and Founder
History
Formerly, the Islamic State of lraq and the Levant [ISIL], it is a self-proclaimed
Islamic State (IS) composed of Sunni, extremist, jihadist unrecognized state and
caliphate based in Iraq and Syria. Later on, it renamed as the Islamic State of Iraq
and Syria [ISIS] Arabic acronym Dä'ish or Daesh}
This group originated as Jama'at al-Tawhid wal-Jihad in 1999 and the forerunner of
Tanzim Qaidat al-Jihad fi Bilad al- Rafidayn, commonly known as Al-Qaeda in Iraq
(AQI). During the 2003 invasion of Iraq, it took part in the Iraqi insurgency against
coalition forces and Iraqi security forces. In 2006, it joined other Sunni insurgent
groups to form the Mujahideen Shura Council, which consolidated further into the
Islamic State of Iraq (ISI). It gained a significant presence in Al Anbar, Nineveh,
Kirkuk and other areas, but around 2008, its violent
methods led to a backlash from Sunni Iraqis and other insurgent groups and a
temporary decline. In April 2013, the group changed its name to the Islamic State of
Iraq and the Levant. It grew significantly under the leadership of Abu Bakr al-
Baghdadi, gaining support in Iraq in the context of perceived economic and political
discrimination against Iraqi Sunnis. After entering the Syrian Civil War, it established
a large presence in the Syrian governorates of Ar-Raqqah, Idlib, Deir ez-Zor and
Aleppo. It had close links to al-Qaeda until February 2014 when, after an eight-month
power struggle, al-Qaeda cut all ties with the group, citing its failure to consult and
notorious intransigence.
Cause
Originally, it aimed to establish an Islamic state in Sunni-majority regions of Iraq.
Following its involvement in the Syrian Civil War however, this expanded to include
controlling Sunni-majority areas of Syria. It proclaimed a worldwide caliphate on 29
June 2014, and Abu Bakr al-Baghdadi—known by his supporters as Amir al
Mu'minin, Caliph Ibrahim—was named as its caliph, and the group was renamed the
Islamic State [IS].
In its self-proclaimed status as a caliphate, it claims religious authority over all

Muslims worldwide, and aims to bring most traditionally Muslim-inhabited regions of
the world under its political control, beginning with the Levant region, which
approximately covers Syria, Jordan, Israel, Palestine, Lebanon, Cyprus, and part of
Southern Turkey.
Designated as a terrorist organization, because of its grave human rights abuses;

Amnesty International has found it guilty of ethnic cleansing on a historic scale. Its
actions, authority and theological interpretations are widely criticized around the
world; notably within the Muslim community.
Founder
The ISIS is founded by Abu Bakr al-Baghdadi, who is known to his supporters as
Amir al-Mu'minin Caliph Ibrahim. Formerly known as Abu Du'a. He claims descent
from the Islamic prophet Muhammad, he is called Abu Bakr Al-Baghdadi Al-Husseini
Al-Qurashi.
He is listed by the US State Department as a Specially Designated Global Terrorist

on 4 October 2011 and announced a reward of up to US$ 10 million for information
leading to his capture or death. Al Baghdadi was born near Samarra, Iraq, in 1971;
obtained a BA, MA and PhD in Islamic studies from the Islamic University of
Baghdad. — Helped to found the militant group Jamaat Jaysh Ahl al- Sunnah wa-l-
Jamaah (JJASJ) in 2003, in which he served as head of the sharia committee. His
group joined the Mujahideen Shura Council (MSC) in 2006, which he served as a
member of the MSC's Sharia Committee. Later on, the MSC was renamed as the
Islamic State of Iraq (ISI) in 2006, and al-Baghdadi became the general supervisor of
the ISI's Sharia Committee, and a member of the group's Senior Consultative
Council.
The Islamic State of Iraq (ISI), also known as al-Qaeda in Iraq (AQI), was the Iraqi
division of al-Qaeda, and Al Baghdadi was announced as its leader on 16 May 2010,
following the death of his predecessor Abu Omar al Baghdadi. As the leader of the
ISI, al-Baghdadi was responsible for masterminding large-scale operations such as
28 August 2011 attack on the Umm al-Qura Mosque in Baghdad, which killed
Following the death of founder and head of al-Qaeda, Osama bin Laden, on 2 May
2011, in Abbottabad, Pakistan, al-Baghdadi released a statement praising bin Laden
and threatening violent retaliation for his death. on 5 May 2011, al-Baghdadi claimed
responsibility for an attack in Hilla, 62 miles south of Baghdad, that killed 24
policemen and wounded 72 others. Al-Baghdadi remained leader of the ISI until its
formal expansion into Syria in 2013, when in a statement on 8 April 2013, he
announced the formation of the Islamic State of Iraq and the Levant (ISIL)—
alternatively translated from the Arabic as the Islamic State in Iraq and Syria (ISIS).
Legal Framework and Investigation of the Crime of Terrorism
Legal Definition of Terrorism or Terror Acts
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 de 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
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 I
and 3, RA 9372)
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
B. DRUG TRAFFICKING
- or Illegal Drug Trade is global black-market activity consisting of production,

distribution, packaging and psychoactive substances.
Drug Trafficking Activities

1. Discovery, plantation, cultivation and harvest
2. Preparation for distribution
3. Manufacture, synthesis and refinement
4. Marketing and distribution
Major Drug Traffic Routes
1. Drugs That Originates from the Golden Crescent: Afghanistan; Pakistan; Iran &
India in Southeast Asia, the Golden Crescent is the major supplier of opium poppy,
Marijuana and heroin products in the Western part of Asia. It produces at least 85%
to 90% of all heroin channeled in the drug underworld market.
2. Golden Triangle: Myanmar (Burma), Laos and Thailand Approximately 60% of the
world's opium is produced, and 90% in the Eastern part of Asia.
3. The Silver Triangle: Peru; Bolivia and Colombia Silver Triangle [Peru and Bolivia
(70%) and Colombia (30%)), is the producer of the world's coca leaves and cocaine-
based products
Primary Means of Distribution

1. Hierarchical Arrangement. The manufacturer uses his own men to smuggle,
wholesale, store, and distributes the drugs.
2. Hub-and — Spoke-Layout. Taking advantage of local gangs and other localized
criminal organization. The Cartel is at the center with satellite organizations that may
provide certain services to the manufacturer, and then there is a plurality distinct
groups, each with its own chain.
Techniques of Drug Traffickers when Crossing Borders
1. Avoiding border checks by small aircraft and through overload smuggling routes.
2. Submitting to border checks with the drugs hidden in a vehicle, between other
merchandise, in luggage, in or under clothes, inside the body, etc.
3. Buying off diplomats to smuggle drugs in diplomatic mail/ luggage to
avoid border checks.
Note:
Mule — a lower criminal recruited by a smuggling organization to

cross a border carrying drugs, or sometimes unknowing person in
whose bag or vehicle the drugs are planted, for the purpose of
retrieving them elsewhere.
“Philippine Drug Enforcement System (RA 9165 — The Comprehensive Drug

Act of 2002) Agencies Involved in Drug Enforcement”
1. The Dangerous Drug Board [Art. 9 (Sec. 71-81)

- The DDB which is under the office of the President, is the policy —making and
strategy-formulating body in the planning and formulation of policies and programs
on drug prevention and control.
2. The Philippine Drug Enforcement Agency (Art. 9 (Sec. 82-86) RA 9165)

- An agency created by the virtue of RA 9165 which was enacted into law on June
7, 2002 and signed into law by President Gloria Macapagal Arroyo. It is a part of
Executive Order No. 61, issued January 15, 1999, creating the National Drug
Enforcement and Prevention Coordinating Center which is tasked to orchestrate and
consolidate all the government's anti-drug efforts.
PDEA serves as the Implementing arm of the DDB, and is responsible for the
efficient and effective law enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as provided by the
comprehensive Drug Act of 2002.
National Campaign Strategy against Dangerous Drugs

1. Demand Reduction — Refers to the implementation of preventive education and
public information campaigns to increase awareness of the ill effects of prohibited
drugs. It also includes treatment and rehabilitation of drug dependents.
2. Supply Reduction — Refers to the activities which endeavor to reduce the supply
side/segment of illegal drugs to the barest minimum level possible. Activities are
centered to the arrest of drug personalities and seizure of illegal simultaneously drive
the prices of drugs skyrocketing high and create acute shortage of the contraband to
death knell level. Intelligence workshops, neutralization of transnational and local
drug group, arrest of foreign and local drug group, filing cases in courts, seizures of
dangerous drugs, controlled precursors and essential chemicals, and laboratory
equipment, dismantling of shabu laboratories and chemical warehouses, precursor
control, support activities [(operation private group) gathering of information
regarding illegal drug activities and personalities in the neighborhood and community
without disclosing the identity of the informants], monitoring of drug cases,
destruction of seized illegal drugs, and regulatory control.
3. Inter-Agency Cooperation — These are the activities that promote anti-drug

related activities among tasked government agencies in close coordination with the
PDEA, being mandated to lead the drug enforcement and prevention efforts of the
government.
4. International Cooperation — To run after the transnational drugs syndicates; and

plug/minimize the drug traffic to and from the Philippines. Exchange of information
and relevant technologies that could be used in the anti-drugs campaign are
accessed through the PCTC, INTERPOL, ASEANAPOL, Defense/ Military and Police
attaches, embassies, consulates, international NGOs, like the International
Association of chiefs of Police (IACP). These are the avenues through which
international cooperation is tapped against transnational syndicates and sources of
drugs. This is the natural consequence of the "globalization of the world into a
village".
Activities
a) international interdictions
b) Coordination with Interpol
c) Linkages with the ASEAN community
d) U.N. Anti — drug Convention
C. 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.
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.
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: double invoicing; direct cash deposit; back-to-back loans; fake
properties transactions; underworld illicit banking systems; advocate trial fees;
smurfing; and fake gambling earnings. Other identified methods are: stock exchange
bogus transactions; purchase of shares into holding companies, off-shore companies,
box-letter companies; purchase of shares in private multinational banks, either
directly or through intermediaries; and purchases of gold, jewelry, luxury items like
luxury cars, ships or vessels, planes, real estate properties, etc.
Historical Background of Money Laundering
Money laundering originated in the 1920's when The American mafia owned
laundromats which were cash businesses. Criminals then used this laundromat to
hide illegal proceeds by investing said money in the Laundromats business, or mixing
illicit funds with clean money.
In 1986, The United States passed the Money Laundering Control Act (MLCA), and
in 1988 the United Nations Convention against Illicit Trafficking in Narcotic Drugs and
Psychotropic Substances (VIENNA CONVENTION) made drug money laundering a
criminal offense In
1989 The G-7 Nations (France, Germany, Italy, Japan, United Kingdom, United
States, and Canada) formed the FINANCIAL ACTION TASK FORCE (FATF) which
were mandated to devise international standards and policies to combat money
laundering.
And in 2000 the United Nations Convention against Transnational Organized Crime
(PALERMO CONVENTION) extended the legal definition of money laundering to
include all serious crimes.
The Anti-Money Laundering Act (REPUBLIC ACT NO. 9160, otherwise known as the
"Anti-Money Laundering Act of 2001, as amended by RA 9194, RA10167, & 10365)
Money Laundering offense
Money laundering is a crime whereby the proceeds of an unlawful activity

(predicate crime) are transacted, thereby making them appear to have originated
from legitimate sources.
Money Laundering is committed as follows:
1. Any person who transacts or attempts to transact with any monetary instrument
knowing that it involves or relates to the proceed of an unlawful activity
2. Any person who facilitates the commission of money- laundering as defined in no.
1 by knowingly performing or failing to perform an act
3. Any person who fails to disclose Ole a report with AMLC of any instrument or
transaction report as required under the law.
D. TRAFFICKING IN PERSONS
Trafficking in persons is an illegal act and is considered a violation of human rights and
inimical to human dignity and national development. There are three (3) inter-related
and interdependent elements that must be present for a situation to be considered
within the purview of R.A. 9208 as amended by RA 10364. The three (3) elements are:
1. Acts- It involves the recruitment, obtaining, hiring, providing, offering, transportation,

transfer, maintaining, harboring, or receipt of persons, with or without the victim’s
consent or knowledge, within or across national borders.
2. Means- It is committed by use of threat, or of force, or other forms of coercion,

abduction, fraud, deception, abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person.
3. Purpose- It is done for the purpose of exploitation or the prostitution of others or

other forms of sexual exploitation, forced labor or services, slavery, involuntary
servitude or the removal or sale of organs.
Each of these elements must be present and linked to each other: the act/s must be
achieved by one of the means and both must be linked to achieving the exploitative
purpose. If any one of the three (3) elements is absent, then the situation may not
involve trafficking in persons, except if it involves trafficking of a child. The recruitment,
transportation, transfer, harboring, adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does
not involve any of the means mentioned.
What is the Republic Act 9208 as amended by the Republic Act 10364?
- The Republic Act (R.A.) 9208, also known as the Anti-Trafficking in Persons
Act of 2003, institute policies to eliminate trafficking in persons especially
women and children. It establishes the necessary institutional mechanisms to
protect and support trafficked persons, and provides penalties for its
violations. In 2012, the R.A. 9208 was amended through the R.A. 10364 also
known as the Expanded Anti-Trafficking in Persons Act.
What are the three (3) categories of Trafficking in Persons?
The three (3) categories of trafficking in persons and its punishable acts are:
1. Acts of Trafficking in Persons
• To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive
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, or sexual exploitation;
• To introduce or match 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;
• To offer or contract 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;
• To undertake or organize tours and travel plans consisting of tourism packages or

activities for the purpose of utilizing and offering persons for prostitution, pornography
or sexual exploitation;
• To maintain or hire a person to engage in prostitution or pornography;
• To adopt persons by any form of consideration for exploitative purposes or to facilitate

the same for purposes of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
• To adopt or facilitate the adoption of persons for the purpose of prostitution,

pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
• To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer,
receive or abduct 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;
• To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or
adopt a child to engage in armed activities in the Philippines or abroad;
• To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a
person by means mentioned in the preceding paragraph for purposes of forced labor,
slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern
intended to cause the person either:
a. To believe that if the person did not perform such labor or services, he or she or
another person would suffer serious harm or physical restraint; or
b. To abuse or threaten the use of law or the legal processes;
• To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or
receive a child for purposes of exploitation or trading them, including but not limited to,
the act of buying and/or selling a child for any consideration or for barter for purposes of
exploitation. Trafficking for purposes of exploitation of children shall include:
a. All forms of slavery or practices similar to slavery, involuntary servitude, debt
bondage and forced labor, including recruitment of children for use in armed conflict;
b. The use, procuring or offering of a child for prostitution, for the production of
pornography, or for pornographic performances;
c. The use, procuring or offering of a child for the production and trafficking of drugs;
and
d. The use, procuring or offering of a child for illegal activities or work which, by its
nature or the circumstances in which it is carried out, is likely to harm their health,
safety or morals; and
• To organize or direct other persons to commit the offenses defined as acts of

trafficking.
The R.A. 10364 includes the following as Acts of Trafficking in Persons:

• Attempted Trafficking in Persons – when there are acts to initiate the commission of a
trafficking offense but the offender failed to or did not execute all the elements of the
crime, by accident or by reason of some cause other than voluntary desistance. As
such, an attempt to commit any of the offenses mentioned in the preceding paragraph
shall constitute attempted trafficking in persons.
If the victim is a child, any of the following acts shall be deemed as attempted trafficking
in persons:
a. Facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason and without the required clearance or permit from the DSWD or a
written permission from the child’s parent or legal guardian;
b. Executing, for a consideration, an affidavit of consent or a written consent for
adoption;
c. Recruiting a woman to bear a child for the purpose of selling the child;
d. Simulating a birth for the purpose of selling a child; and
e. Soliciting a child and acquiring the custody through any means from among
hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and low-
income families, for the purpose of selling the child.
• Accomplice Liability – knowingly aids, abets, and cooperates in the execution of the
offense by previous or simultaneous acts of trafficking.
• Accessories – whoever has the knowledge of the commission of the crime, and
without having participated therein, either as principal or accomplice, take part in its
commission in any of the following manners:
a. Profiting themselves or assisting the offender to profit by the effects of the crime;
b. Concealing or destroying the body of the crime or effects or instruments in order to
prevent its discovery; and c. Harboring, concealing or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse of his or her public
functions or is known to be habitually guilty of some other crime.
2. Acts that Promote Trafficking in Persons

• To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
• To produce, print and issue or distribute unissued, tampered or fake counseling

certificates, registration stickers, overseas employment certificates or other certificates
of any government agency which issues these certificates, decals and such other
markers as proof of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
• To 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;
• To 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;
• To 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;
• To 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;
• To 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;
• To tamper with, destroy, or cause the destruction of evidence, or to influence or

attempt to influence witnesses, in an investigation or prosecution of a case;
• To destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal,

remove, confiscate or possess, any actual or purported passport or other travel,

immigration or working permit or document, or any other actual or purported
government identification, of any person in order to prevent or restrict, or attempt to
prevent or restrict, without lawful authority, the person’s liberty to move or travel in order
to maintain the labor or services of that person; and
• To utilize his or her office to impede the investigation, prosecution or execution of
lawful orders in a case.
3. Qualified Trafficking in Persons
• When the trafficked person is a child or below 18 years old;
• When the adoption is affected 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;
• When the crime is committed by a syndicate, or in large scale;
• When the offender is a spouse, 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;
• When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies;
• When the offender is a member of the military or law enforcement agencies;
• 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);
• When the offender commits one or more violations over a period of sixty (60) or more
days, whether those days are continuous or not; and
• When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking.
When is trafficking considered a large scale or committed by a syndicate?

- 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.
E. CYBERCRIMES
Cybercrime- the commission of a criminal acts using the instruments of modern

technology such as computers and the internet.
Types of Cybercrimes
1. Cyber theft. Use of cyberspace to either distribute illegal goods or services or to

defraud people for quick profits. E.g., Illegal copyright infringement, identity theft,
internet securities fraud, warez.
2. Cyber vandalism. Use of cyberspace for revenge, destruction, and to achieve a

malicious intent. E.g. Website defacement, worms, viruses, cyber stalking, cyber
bullying.
3. Cyber terrorism. An effort by covert forces to disrupt the intersection where the
virtual electronic reality of computers meets the physical world. E.g. Logic bombs use
to disrupt or destroy "secure" systems or network, Internet used to communicate
covertly with agents around the world.
The Cybercrime Prevention Act of 2012 (RA 10175)

REPUBLIC ACT 10175 AN ACT DEFINING CYBERCRIME, PROVIDING FOR
THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES 1
Cybercrime Prevention Act of 2012.
PUNISHABLE ACTS
1. Offenses against the confidentiality, integrity and availability of computer data

system, such as: illegal access, illegal interception, data interference, system
interference, misuse devices, and cybersquatting.
2. Computer-related offenses, such: as computer-related forgery, computer related

fraud, and computer related identity theft.
3. Content-related offenses, such as: cybersex, child pornography, unsolicited

commercial communications, and libel.
4. Other offenses, such as: aiding or abetting in the commission of cybercrime, and
attempt in the commission of cybercrime {Sections 4 & 5}.
PRESERVATION AND DISCLOSURE OF COMPUTER DATA
PRESERVATION OF COMPUTER DATA BY SERVICE PROVIDER: Minimum-

period-of 6 months-from the date of transaction.
PRESERVATION OF THE CONTENT DATA: 6 months from the date of receipt of

the order from law enforcement authorities requiring its preservation
DISCLOSURE OF COMPUTER DATA: Within 72 hours from receipt of the order in

relation to a valid complaint officially docketed for investigation. {Section 13 & 14}
Note: Service provider — refers to any public private entity that provides to users of
its service the ability to communicate by means of computer system; any other entity
that process or stores computer data on behalf of such communication service or
users of such service.
POWERS AND DUTIES OF LAW ENFORCEMENT AUTHORITIES DURING THE

SEARCH, SEIZURES AND EXAMINATION OF COMPUTER DATA
1. To secure a computer system or a computer data storage system
2. To make and retain a copy of those computer data secured
3. To maintain the integrity of the relevant stored computer data
4. To conduct forensic analysis or examination of the computer data storage medium
5. To render inaccessible or remove those computer data in the accessed computer
and communications network {Section 15}.
CUSTODY OF THE COMPUTER DATA: Deposited under the custody of the court
within 48 hours after the examination as provided by the warrant {Section 16}.
JURISDICTION: Regional Trial Court [Special Cybercrime Court {Section 21}.
THE CYBERCRIME INVESTIGATION AND COORDINATING CENTER: Under the

Administrative supervision of the OPRES for policy coordination among concerned
agencies and for the formulation and enforcement of the national cybersecurity plan
{Section 24}
COMPOSITION OF THE CICC {Sec 25}
Chairperson — Executive Director of the Information and Communications

Techn010U, Department of Science and Technology (ICTO-DOST)
Vice Chairperson — NBI Director

Members — PNP Chief, Head of the DOJ office of Cybercrime and 1 representative
from the private sector and academe.
Effects of Transnational Crime to Police Service
With globalization, commission of transnational crimes across borders is facilitated,

and the need for bilateral and international cooperation become now
imperative. It also indicates that policing should be more current and effective. Police
should gain insights into how to deal with these new breeds of crimes. Best practices
maybe adopted from other police models. The goal is to test whether the theory and
practice in policing needs innovation to meet the demands of the present trends in
crime fighting.
The Fight Against Transnational Crime

The key struggle against transnational crime is dynamic cooperation base upon:
1. Mutual trust;
2. Common perception of the threat;
3. Realization that crime must be influence beyond national borders;
4. Understanding of the limitations of domestic intervention and unilateral action; and
5. Signaled attention to work with other interested nations in the interest of protecting
national integrity and sovereignty.
1. UN Convention Against Transnational Crime

Features:
a) Creation of domestic criminal offenses to combat the problem;

b) Adoption of new, sweeping frameworks for mutual legal assistance, extradition,
law enforcement cooperation, technical assistance and training.
2. UN Protocols on Specific Areas of Transnational Organized Crime
Features:
a) Protocol to prevent, suppress and punish trafficking in persons,
especially women and children;
b) Protocol against smuggling of migrants by land, air and sea; and
c) Protocol against the illicit manufacturing of and trafficking of firearms, its
parts, components and ammunition.
Philippine Response to Transnational Crimes
The Creation of the Philippine Center for Transnational Crime (PCTC)
Legal Basis
1. Executive Order No.62 Series of 1999 (January 15, 1999) — PCTC is created
to establish a shared database among concerned agencies for information on
criminals, methodologies, arrest and conviction on transnational crime in all its
forms.
2. Executive Order No. 100 Series of 1999 (May 7, 1999), Executive No. 295
(September 28, 2002) and Executive Order No.146 (October 22, 2002) —
strengthen the operational, administrative and information support system of the
PCTC. Under these EO's, the center shall exercise general supervision and
control over the following:
1.) Loop Center of the National Action Committee on Anti — Hijacking and Terrorism
(NACAHT)
2.) International Criminal Police Organization ICPO-INTERPOL-NCB Manila, which

has been reconstituted to serve as the national liaison office and main coordinating
body for international police cooperation against transnational crime.
3.) Police attaches of the Philippine National Police, and
4.) Political attaches/ counselors for security matters of the Department of Interior
and Local Government (DILG).
Four Major Concerns of PCTC
1. Information Exchange
2. Strategic Studies
3. Capacity Building
4. Law Enforcement Coordination
Activities of the PCTC to underscore its Role in the Fight Against Transnational
Crimes
1. Strong Regional Coordination — the PCTC serves as a focal point in seeking

the assistance and support of member countries in the ASEAN and Asia Pacific
Regions by strengthening international cooperation.
2. Support to the United Nations — PCTC is involved in the drafting of the main
text of the UN Convention against Transnational Crime and other related
protocols.
3. Capacity Building of Local Government Units – PCTC conducts

simulation exercises to assist local government units in the country in

coping with the issues and concerns relative to crisis situation.
4. National Cooperation — PCTC host various technical working group

meetings formulating proposed legislation.
PCTC's Command and Control
1. The PCTC is under the office of the President but placed under the general
supervision and control of the National Security Adviser
2. The Executive Director has immediate supervision and control over all
units of PCTC. As such he is authorized to designate duties and functions of
all units and Personnel of the PCTC; and
3. The Executive Director has direct operational and supervisory authority over
personnel and resources detailed with PCTC.
Presently the PCTC have two (2) Executive offices and four (4) Directorates:
Executive offices:
1. office of the Executive Director (OED)

2. office of the Deputy Executive Director (ODED) who also act as chairman of the
Committee on Decorum, Grievance Committee, and ravel Board Personnel
Selection and Recruitment Committee, and Travel Board Personnel Selection and
Recruitment Committee
Directorates:
1. Directorate for Support Services (DSS) — performs its functions through its
Administrative Divisions, Security Service Division, and Budget and Finance Division
2. Directorate for Operations (DO) — performs its functions through its INTERPOL
Command and Coordination Division, Case Management Division, Capacity Building
Division, and Fugitive Investigation and International Notices Division
3. Directorate for Research (DR) — performs its functions
through its six (61 Division namely a) Drugs and Criminal
Organization Division
b) Financial and High-Tech Crimes Division
c) Special Crimes Division
d) Human Trafficking and Smuggling Division
e) Information and Technology Division
4. Directorate for Plans and Policies — performs its functions through
its three (3) Division namely: a) Strategic Research Division
b) Policy Formulation Division
c) International Cooperation Division
Legislative Responses Against Specific Transnational Crimes
1. Public Safety and Terrorism: RA 9372 — Human Security Act of 2007; RA 6969
— Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990; PD 532
— Anti —Piracy and Anti-Highway Robbery Law of 1974; PD 1866 as amended by
RA 8294 — Decree Codifying the Law on Illegal/ Unlawful Possession, Manufacture,
Dealing In, Acquisition or Disposition of Firearms, Ammunition and Explosives; RA
9851 —
Philippine Act on Crimes against International Humanitarian Law, Genocide, and
Other Crimes Against Humanity; and RA 10168 — Law that Punishes Terrorist
Financing
2. Trafficking of Human Beings: RA 9208 — Anti — Trafficking in Persons Act of

2003; RA 8042 — Migrant Workers and Overseas Filipino Workers Act (Illegal
Recruitment); RA 8043 - Inter - Country Adoption Act; RA 6955 - Anti - Mail Order
Bride Act; RPC, Article 272 - Slavery; and RPC, Article 341 — White Slave Trade
3. Financial and High-Tech Crimes: RA 9160 as amended by RA 9194, RA 10167

& RA 10365 - Anti – Money Laundering Act of 2001; RA 8484 – Access Devices
Regulation Act; RA 9872 – Electronic Commerce Act of 2000.
4. Drug Trafficking/SmuggIing: RA 9165 — The Comprehensive Dangerous Drug

Act of 2002 as amended by RA 10640
PNP Agreements with ASEAN Police Organizations
1. Memorandum of Understanding (MOU) between the PNP and KNPA; September

10, 2013 in South Korea which covers cooperation in crime information exchange,
capacity building, exchange in law enforcement techn010U, studies on the prevention
and control of illicit drug trafficking, terrorism, arms smuggling, human trafficking,
cybercrimes, money laundering, international economic crimes and banking offenses,
and forgery, among others. It also provides establishment of Police Liaison Desks in
the PNP and KNPA to facilitate police assistance to Filipino nationals.
2. Memorandum of Understanding (MOU) between the PNP and the Indonesian

National Police (INP) to expand regional inter-agency cooperation against
transnational crimes on March 8, 2011 at the Istana Merdeka in Jakarta. The
agreement covers the following crimes: drug trafficking, terrorism, arms smuggling,
human trafficking, maritime piracy, cybercrimes, commercial crimes, bank offenses,
credit card fraud, fraudulent travel documents, and other forms of commercial and
financial fraud.

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Republic of the Philippines

Southern Philippines Agri-business and Marine and Aquatic School of Technology

What is Comparative Policing System?

What is Comparative Criminal Justice?

TYPES OF CRIMINAL JUSTICE SYSTEM IN THE WORLD

1. Common Law System. It is characterized by strong adversarial procedures and

TYPES OF POLICE SYSTEMS IN THE WORLD

CLASSIFICATION OF POLICE OPERATIONAL STYLES

1. As to law enforcement styles

a. Legalistic, where emphasis is on violations of law and the use of threat or

2. As to the degree of commitment to maintaining order and respect for due

EVENTS THAT CONTRIBUTED TO THE EMERGENCE OF GLOBALIZATION

1. Establishment of international agencies and institutions

CHALLENGES BROUGHT BY GLOBALIZATION TO LAW ENFORCEMENT

1. Vast increase in the number of economic and social transaction across

THE CHANGING ROLE OF THE POLICE IN THE PAST

EFFECTS OF GLOBALIZATION TO POLICING

1. The emergence of transnational criminal activities

“The principal targets of international police cooperation are serious transnational

crimes. Article 2 of the United Nations Convention against Transnational Organized

What is Transnational Crime?

- an activity that is considered a criminal offense by at least two countries. It is

NOTE: Transnational Crimes are especially concerned with acts criminalized by

Examples of Transnational Crimes

1. Terrorism — A tactic or technique by means of which a violent act or threat

5. Cybercrimes — crimes that involve an information and communication

Here are a few attempts on defining terrorism:

1. Intimidating a population of serious bodily harm; and

• Terrorists — one who does all acts of terrorism.

Criteria in Defining Terrorism: target; objective; motive; perpetrator, and

1. Apolitical Terrorism — Employment of force in a terroristic manner

Types of Apolitical Terrorism

a. Psychotic Terrorism — develops from abnormal behavior; those who attempt

incumbent regime, replacing it with a political apparatus more acceptable to the

3. State Terrorism — involves the employment of lethal force by state governments

Types of State Terrorism

a. Repression Terrorism — engaged in by a terrorist state regime against

Sub-Types of State-Sponsored Terrorism

1) National Revolutionary Terrorism — Can be supported by sovereign states

2) International Revolutionary Terrorism – Those that employ terrorism targets

3.) Minute Political Terrorist Gangs — Micro-political terrorist gangs likely to

Traditional Terrorist Tactics

International Legal Instruments Against Terrorism

Basic Organizational Structures of Terrorist Groups

Al Qaeda's Organizational Structure

“The Islamic State of Iraq and Syria (ISIS)”

In its self-proclaimed status as a caliphate, it claims religious authority over all

Designated as a terrorist organization, because of its grave human rights abuses;

He is listed by the US State Department as a Specially Designated Global Terrorist

Legal Framework and Investigation of the Crime of Terrorism

Legal Definition of Terrorism or Terror Acts

1. Article 122 (Piracy in General and Mutiny in the High Seas or in

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

Persons Liable for the Commission of Terrorism

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

- or Illegal Drug Trade is global black-market activity consisting of production,

Drug Trafficking Activities

Major Drug Traffic Routes

Primary Means of Distribution

Techniques of Drug Traffickers when Crossing Borders

Mule — a lower criminal recruited by a smuggling organization to

“Philippine Drug Enforcement System (RA 9165 — The Comprehensive Drug