Sci 2 - Notes

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

INTRODUCATION TO SPECIAL
Chapter 1 CRIME INVESTIGATION 2

LESSON 1: BASIC TERMS TO PONDER

Antiques
 Cultural assets of a certain country which portrays or symbolizes the tradition of such country.
These are invaluable treasures that cannot be transferred or taken out from the owner country.
International Crime
 Crimes which affect the peace or safety of more than one state or which are so reprehensible
in nature as to justify the intervention of international agencies in the investigation and
prosecution thereof.
Professional Crimes
 Refers to occupations or their incumbents, which possess various traits including useful
knowledge that requires lengthily training, service orientation and code of ethics that permits
occupations to attempt to obtain anatomy and independence with high prestige and
remuneration.
Syndicate
 A body of persons associated for some design and undertaking which is usually a bold and
difficult one.
Amico Nostro
 English translation, Our Friend, Friend of Ours.
Associate
 One who earns money for the family in concert with other associates or made members. Not
all associates become made members.
Atlantic City Conference: of 1929
 Considered the earliest organized crime summit held in the United States and held a major
impact on the future direction of the underworld.
 It represented the first concrete move toward a "National Crime Syndicate."

Big Seven
 Also known as the Combine or Big Seven was a criminal organization headed by many
organized crime figures on the east coast during Prohibition serving as the predecessor to the
alleged National Crime Syndicate of the 1930s.
 The Seven Group was successful in establishing its authority and served as the basis for the
Atlantic City Conference in 1929.
Black Hand
 "A Manu Neura" in Sicilian, was a type of extortion racket. It was a method of extortion, not a
criminal organization as such, though gangsters of Camorra and the Mafia practiced it. It
came to be incorrectly known as a "Criminal Organization" in and of itself.
 Typical Black Hand tactics involved sending a letter to a victim threatening bodily harm,
kidnapping, arson, or murder. The letter demanded a specified amount of money to be
delivered to a specific place. It was decorated with threatening symbols like a smoking gun or
hangman's noose and signed with a hand imprinted in black ink; hence the Sicilian name 'A
Manu Neura (The Black Hand) which was readily adopted by the American press as "The Black
Hand Society".
Bust out
 A person is often referred to as a "bust out" when they have hit bottom, has no resource or
money and is unlikely to recover. As in "he's a bust out."
Capo
 A Captain in the family who directs soldiers under him. These are the everyday "street earners."
Capo di tutti capi
 The boss of all bosses. Originally this referred to the boss of the national family or the boss of the
"whole thing." This "position" no longer exists thanks to Luciano and Lansky who in the 1930's

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

created the "commission." This phrase will sometimes be used by regional family members
when referring to the family head.
Capo mandamento
 Within Cosa Nostra a mandamento is a district of generally three geographically contiguous
Mafia families in Sicily. A capo mandamento representing the mandamento is usually entitled
to be part of the provincial Mafia Commission.
Clip
 To eliminate someone, also "whack","the big sleep","make disappear" etc.
Comare
 "Goumada", "goom" slang. Best girl, number one, a term for a woman that may be dated
outside of a marriage. A mistress.
Camorra
 The word is almost certainly a blend of "capo" (boss) and a Neapolitan street game, the
"morra". (In this game, two persons wave their hands simultaneously, while a crowd of
surrounding gamblers guess, in chorus, at the total number of fingers exposed by the principal
players.)
 Unlike the Mafia which has a distinct organizational structure the Camorra was never a
coherent whole, a centralized organization. Instead it has always been a loose confederation
of different, independent groups or families. Each group was bound around kinship ties and
controlled economic activities which took place in its particular territory. Each family clan took
care of its own business, protected its territory, and sometimes tried to expand at another
group’s expense. Although not centralized, there was some minimal coordination, to avoid
mutual interference. The families competed to maintain a system of checks and balances
between equal powers. One of the Camorra’s strategies to gain social prestige is political
patronage, something the Mafia as a group has practiced in this country since its beginning.
Ciaculli massacre
 On 30 June 1963 a car bomb that exploded in Ciaculli, an outlying suburb of Palermo, killing
seven police and military officers sent to defuse it after an anonymous phone call was the
cause of the so called Ciaculli massacre. The bomb was intended for Salvatore "Ciaschiteddu"
Greco, head of the Sicilian Mafia Commission and the boss of the Ciaculli Mafia family. Mafia
boss Pietro Torretta was considered to be the man behind the bomb attack.
 The the culmination point of a bloody Mafia war between rival clans in Palermo in the early
1960s – now known as the First Mafia War, a second started in the early 1980s – for the control
of the profitable opportunities brought about by rapid urban growth and the illicit heroin trade
to North America. The struggle reaped 68 victims from 1961 to 1963.
Compare
 Best man, very close friend. Literally "Godfather" in Italian.

Consigliere
 The counsellor to the boss, usually an older family member who is respected by family
members.
Contract
 Murder assignment.
Corleonesi
 It is the name given to a faction within the Sicilian Mafia that dominated Cosa Nostra in the
1980s and the 1990s. It was called the Corleonesi because it’s most important leaders came
from the town of Corleone, first Luciano Leggio and later Totò Riina, Bernardo Provenzano and
Leoluca Bagarella, Riina’s brother-in-law.
Cosa Nostra
 Cosa means:”our” and Nostra means “thing”. Literally means “our thing” or “this thing is ours”.
 The label La Costa Nostra was created by members of the FBI when the existence of Italian
Organized Crime could no longer be denied.
Designees
 Responsible for production, transportation, storage, and wholesale distribution of drugs.
Earner
 A term that can be applied to a made member or associate. One who has the ability to make
large amounts of money on the street.

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Enforcer
 A made member of the family who enforces rules, collects money etc. This is done by
intimidation, threats, violence and murder if necessary.
Fanook
 A derogatory term for homosexual.
Fazoo
 Italian slang translated as "bean" as "He has fazools in his head." Empty headed, dumb. Also at
one time used as "one hundred". "You owe me two fazools." (You owe me two hundred
dollars.)
Friend of mine
 Introduction of a third party to made members. The one making the introduction is saying "he's
not made but he is trustworthy."
Friend of ours
 Introduction of one made member to another.
Garduna
 Was a secret criminal society in Spain in the late middle Ages. It was essentially a prison gang
that grew into a more organized entity over time, involved with robbery, kidnapping, arson,
and murder-for-hire. One makes his way to Naples and founds the Camorra. One makes his
way to Calabria and founds the 'Ndrangheta. The third makes his way to Sicily and founds the
Mafia. Additionally, the circumstances’ surrounding the original shipwreck seem to suggest
their main occupations as pirates, and alludes to a connection with pirates throughout the
Spanish Empire, including the Americas.
Hit
 A contract to eliminate someone.
Intelligence analyst
 Analyzes information concerning organized crime.
Juice
 The excessive interest paid on money borrowed from a shylock or loan shark.
Large
 A grand, one thousand. "He owes me twenty large!" means $20,000.00.
Make your bones
 Perform a murder to further the families’ interest or the interest of the Don. This is done to gain
entrance to the family as a "made man."
Made man
 To be a member of the crime family. Entrance is gained by "making your bones" and usually
accomplished by performing a "hit" to further the interests of the family.
The numbers
 This game dates back to 1530. Bettors attempt to pick three winning numbers which over the
course of history were drawn from different sources at different times. The source was finally
decided to be the mutual number which was the last dollar digit of Win, Place and Show
amounts bet on a specific race at a specific race track. In the northeast it was called "Niggar
Pool" due to its enormous presence in poor African American communities. It was also known
as "Bolita" in Latin communities and was very popular in poor Italian communities and generally
known as "Policy." It drew much popularity because for as much as one cent a bettor could
win $5.00. The payout was 500 to 1 but the odds of winning were 1000:1. This game brought
millions of dollars into organized crime pockets.
Omertá
 The code of silence you must swear when you join a Family. The original code dictated that a
"Man" would through "vendetta" take care of any misdeed done to him or his family. Reporting
the misdeed to any governmental police agency or official was strictly prohibited.
Past Posting
 Another racket where a bettor would know results before the person taking the bet. Usually
done by having a spotter in another state viewing the event and immediately relaying the info
to the bettor in an attempt to place a bet before "Official" results are posted. This very old
racket was attempted as late as 2006.
Picciotto (plural picciotti)

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 An Italian term used to refer to lower level mafioso soldiers. However, picciotto usually indicates
a younger, more inexperienced mafioso, one who has not necessarily been made. Picciotti
usually perform grittier tasks or simple tasks such as beatings and robbery.
Pinch
 To be arrested or to "take a pinch" for another.
RP immigration gang
 Maybe the “Biggest Crime Syndicate in Asia” Cited in Philippine Star dated November 2006
written by Delon Porcalla.
Race Wire Service
 Organized crime controlled much of the race wire service which reported results on races
around the country to local "offices" which would get the information out to their bookies. The
advantage to this was the race results were obtained almost immediately and in a lot of cases
the bookie would know the race result before the bettors so he could accept or decline bets
to his advantage.
Shylock
 A person who lends money at a highly inflated rate of interest.
Skim
 Money taken 'off the top" before it's reported to the IRS.
Skipper
 A Captain or Capo.
Vendetta
 A series of retaliatory, vengeful or hostile acts or exchange of such acts waged by a person or
group for a perceived misdeed, slight or crime.
Vig
 Interest paid to a loan shark for a loan. Again the rate is usually due weekly at a highly inflated
rate.
Whack
 To murder someone.
Zips
 Street slang for the faction that includes about 25 Sicilian-born Bonanno mobsters, their
relatives, and crew members, some of whom are American born. Zips began as a derogative
term. Some say it derives from the difficulty American mobsters have grasping the chatter of
fast-speaking immigrants as it “zips” by; others say it’s a slang plural of zeros.

Elements OCG to work effectively


1. Enforcer
 One who make arrangement for killing and injuring (physically, economically,
psychologically) the member or non-member.
2. Corrupter
 One who bribes, buys, intimidates, threatens, negotiates, and “sweet talk” into a
relationship with the police, public officials or anyone else who might help the member
security and maintain immunity from arrest, prosecution and punishment.
3. Corruptee
 A public official usually not a member of the organization family, who can wield influence
on behalf of the organization interest. (Garcia, 2009)

Characteristics of Organized Crime group


1. It is a conspiracy activity involving the coordination of members.
2. Economic gain is the primary goal
3. Economic goal is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption
5. Effective control over members, associates, and victims
6. Organized crime does not include terrorist dedicated to political change.

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What is Organized Crime and Transnational Crime

Organized crime
 A non-ideological enterprise involving a number of persons in close social interaction,
organized on a hierarchical basis, with at least three levels/ranks, for the purpose of securing
profit and power by engaging in illegal and legal activities. (Abadinsky, 1990: 6)
 A complex set of people and functions interrelated in hierarchical structure specifically for the
purpose of attaining set of goals.
 Are American inventions that have been superimposed on a heterogeneous European crime
landscape. It becomes a criminal activity by an enduring structure or organization developed
and devoted primarily to the pursuit of profits through illegal means. It sometimes referred to as
MOB, MAFIA, “syndicate” or the COSA NOSTRA, and others from different parts of the world
which are known as the enemy within, the 2nd government, the 5th state or the crime
confederation. (Garcia, 2009)
 Refers to those self-perpetuating, structured and disciplined associations of individuals or
groups, combined together for the purpose of obtaining monetary or commercial gains or
profits, wholly or in part by illegal means, while protecting their activities through a pattern of
graft and corruption. (U.S. Comptroller General, 1981: 10)
 Widespread criminal activities, such as prostitution, interstate theft, or illegal gambling, that
occur within centrally controlled formal structure.
 The people and the groups involved in such criminal activities. (The American Heritage
Dictionary of the English Language, Third Edition, Boston/New York/London 1992).
 Organized crime as any group having some manner of a formalized structure and whose
primary objective is to obtain money through illegal activities. Such groups maintain their
position through the use of actual or threatened violence, corrupt public officials, graft, or
extortion, and generally have a significant impact on the people in their locales, region, or the
country as a whole. (FBI website - last viewed 20100202)
 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 offenses, in order to obtain, directly or
indirectly, financial or other material benefit. It is a category of transnational, national, or local
groupings of highly centralized enterprises run by criminals to engage in illegal activity, most
commonly for profit. Organized Criminal Group pertains to the group itself committing the
crime Organized Crime is a combination of two or more persons who are engaged in a
criminal or virtual criminal activity on a continuing basis for the purpose of profit or power using
gangland style to attain their purpose. Organized Crime, on the other hand, refers to the crime
committed such trafficking in people, drugs, illicit goods and weapons, armed robbery,
counterfeiting and money laundering. With revenues estimated in the billions, their criminal
enterprises closely resemble those of legitimate international businesses. They have operating
models, long-term strategies, hierarchies, and even strategic alliances, all serving the same
purpose: to generate the most profits with the least amount of risk (UNToc).
 It is a category of transnational, national, or local groupings of highly centralized enterprises run
by criminals to engage in illegal activity, most commonly for profit. Organized Criminal Group
pertains to the group itself committing the crime.

 Under the Convention (article 2a), an "organized criminal group" is defined using four criteria:
1. A structured group of three or more persons;
2. The group exists for a period of time;
3. It acts in concert with the aim of committing at least one serious crime;
4. To obtain, directly or indirectly, a financial or other material benefit.

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 Structured group is defined in the negative: as one that does not need a formal hierarchy or
continuity of its membership. This makes the definition broad, including loosely affiliated groups
without any formally defined roles for its members or a developed structure.
 The purpose of organized criminal groups

 The interpretative notes to the Convention state that the words "in order to obtain, directly or
indirectly, a financial or other material benefit" should be understood broadly. It includes, for
example, crimes in which the predominant motivation may be sexual gratification, such as the
receipt or trade of materials by members of child pornography rings, the trading of children by
members of pedophile rings or cost sharing among ring members.

 For purposes of the Convention, serious crime means an offence punishable by a maximum
penalty of incarceration of at least four years (article 2b). Four years was selected by
international consensus at the time of negotiation as a reflection of offence seriousness while it
recognizes that criminal codes vary widely around the world in prescribing incarceration for
various offences. There is no requirement for countries to introduce a definition of serious crime
or to follow the definition of the Convention. The definition of serious crime is included to define
the scope of application of the Convention and to invoke the international cooperation
provisions of the Convention.

 The Convention has near universal adherence, representing the overwhelming majority of the
world's nations. For an updated list of countries that have ratified the Convention, please visit
the Strategies and Treaties section of UNODC Portal on Sharing Electronic Resources and Laws
on Crime (SHERLOC). The portal contains legislation, case law and other relevant information
regarding the implementation of the United Nations Convention against Transnational
Organized Crime.

 The definitions make clear that the size of an organized criminal group can be quite small
(although some organized criminal groups can be large), and it does not have to exist for a
long period of time (although some do). Significantly, the seriousness of the crimes committed
by these groups, and their profit-driven nature, are defining elements.

 The Convention covers only transnational crimes, which are planned, executed, or have
effects across national borders. This broad definition of transnationality acknowledges the
complexity of the issue and sets the stage for broad international cooperation.

Transnational crime
 Refers to crime that takes place across national borders.
 These are crimes committed involving several states or countries, crimes which exceeds
borders. (Garcia, M.A)

The offense is transnational if:

1. It is committed in more than one State;


2. It is committed in one State but a substantial part of its preparation, planning, direction or
control takes place in another State;
3. It is committed in one State but involves an organized criminal group that engages in
criminal activities in more than one State; or
4. It is committed in one State but has substantial effects in another State (UNToc, article 3.2).

Generic Types of Organized Crime

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1. Political Graft
 Manned by political criminals who used forced or violence of means to obtain profit or
gain.
2. Mercenary/Predatory Organized Crime
 Committed by groups for direct personal profit but prey upon unwilling victims.
3. In-Group Oriented Organized Crime
 Group manned by semi-organized individual whose major goals are for psychological
gratification such as adolescent gangs.
4. Syndicated Crimes
 The organization that participates in illicit activity in society by the use of force, threat or
intimidation.
 The group with a formal structure, whose purpose is to provide illicit services, which are
in strong public demands through the use of secrecy on the parts of the associates.
 There is assurance of protection necessary for its operations through political corruption
or avoidance of prosecution.

Organized crime and MAFIA

 The word mafia derives from the Sicilian adjective mafiusu, which, roughly translated, means
‘swagger’, but can also be translated as ‘boldness’ or ‘bravado’. In 1865, the police in Sicily
were using the term ‘mafia’, especially the phrase ‘delitto de Mafia’ to describe a man who
plans crimes and pays others to carry them out. The other meaning is more flamboyant.
According to legend, the origin of the word began with the French invasion of Sicily in 1282,
and the saying ‘Morte Alla Francia Italia Anela!’ (‘Death to the French is Italy’s Cry! ’) or
M.A.F.I.A.
 The Mafia, a network of organized-crime groups based in Italy and America, evolved
over centuries in Sicily, an island ruled until the mid -19th century by a long line of
foreign invaders. Sicilians banded together in groups to protect themselves a nd
carry out their own justice. In Sicily, the term “mafioso,” or Mafia member, initially
had no criminal connotations and was used to refer to a person who was suspicious
of central authority. By the 19th century, some of these groups emerged as private
armies, or “mafie,” who extorted protection money from landowners and eventually
became the violent criminal organization known today as the Sicilian Mafia. The
American Mafia, which rose to power in the 1920s, is a separate entity from the
Mafia in Italy, although they share such traditions as omerta, a code of conduct and
loyalty.

 For centuries, Sicily, an island in the Mediterranean Sea between North Africa and the Italian
mainland, was ruled by a long line of foreign invaders, including the Phoenicians, Romans,
Arabs, French and Spanish. The residents of this small island formed groups to protect
themselves from the often-hostile occupying forces, as well as from other regional groups of
Sicilians. These groups, which later became known as clans or families, developed their own
system for justice and retribution, carrying out their actions in secret. By the 19th century, small
private armies known as “mafie” took advantage of the frequently violent, chaotic conditions
in Sicily and extorted protection money from landowners. From this history, the Sicilian Mafia
emerged as a collection of criminal clans or families.

 The Sicilian Mafia is one of four major criminal networks currently based in Italy; the other three
are the Camorra of Naples, the Ndrangheta of Calabria and the Sacra Corona Unita of Puglia.
 Although its precise origins are unknown, the term Mafia came from a Sicilian-Arabic slang
expression that means “acting as a protector against the arrogance of the powerful,”
according to Selwyn Raab, author of “Five Families: The Rise, Decline, and Resurgence of

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America’s Most Powerful Mafia Empires. Raab notes that until the 19th century, the word
“mafioso” did not refer to someone who was a criminal, but rather a person who was
suspicious of central authority. In the 1860s, a play called “I Mafiusi della Vicaria” (“Heroes of
the Penitentiary”), about a group of inmates at a Sicilian prison who maintained their own
hierarchy and rituals, toured Italy and helped popularize the term Mafia in the Italian
language.

SELECTED STRUCTURES OF ORGANIZED CRIME GROUP

STRUCTURE: 1. YAKUZA/GOKUDO/BORYUKUDAN

FAMILY BOSS

STRUCTURE: 2. CHINESE TRIAD

489

438- 438-Deputy 438 –


Vanguard Mountain master Incense
Master

415- White 426 -Enforcer 432 – Straw


paper fan sandal

49 – 49ers Blue lanterns

 Triads use numeric codes to distinguish between ranks and positions within the gang;
the numbers are inspired by Chinese numerology based on the I Ching.
 "489" refers to the "Mountain" or "Dragon" Master (or 'Dragon Head'),
 438 is used for the "Deputy Mountain Master",
 "432" indicate "Grass Slipper" rank and the Mountain Master's proxy, "Incense Master",
who oversees inductions into the Triad, and "Vanguard", who assists the Incense Master.
 "426" refers to a "military commander", also known as a "Red Pole", overseeing
defensive and offensive operations,
 "49" denotes the position of "soldier" or rank-and-file member.
 415 "White Paper Fan" provides financial and business advice,
 (432) "Straw Sandal" functions as a liaison between different units.

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 "25" refers to an undercover law enforcement agent or spy from another triad, and has
become popularly used in Hong Kong as slang for "informant".
 "Blue Lanterns" are uninitiated members, equivalent to Mafia associates and, as such,
do not have a number designation.

STRUCTURE: 3. MAFIA

BOSS CONSIGLIERE

UNDERBOSS

CAPOREGIME CAPOREGIME CAPOREGIME

SOLDIERS SOLDIERS
SOLDIERS

ASSOCIATES

 The Boss, the Don, the King, the Dictator, is the head of the organization, the boss is a dictator
or king and has the power to order anything and everything from anyone in the entire
organization. The Boss rules the organization with an iron fist, he makes all the important
decisions, much like a CEO or Chairman of a company would.
 The Underboss or Lieutenant is the second-in-command in the empire and the organizational
hierarchy of the crime family. His level of authority varies, but he is ready to stand in for the boss
at any given moment. He is the second most powerful man in the crime family, he has power
and control over the captains, soldiers and associates, and he runs the bosses and the
organization's day-to-day operations and businesses, and keeps all of the capos, soldiers, hit
squads, and associates in line, and makes sure that everyone within the crime family does their
jobs and follows the bosses commands, and is in makes sure the empire runs smoothly for the
boss, and is in charge of keeping track of the organization's finances, operations and
businesses, including keeping the money flowing to the boss, and protecting him at all costs.
The Boss is the only one that has complete power and authority over the Underboss.
 The captain or Caporegime is the captain of a large crew of soldiers, hitmen and associates.
The captain heads a large crew of anywhere from 15 to 3,000 soldiers, hitmen and associates
and can order them to do absolutely anything, the captains report directly to the boss or
underboss who hands down the orders, directions and instructions. He is very powerful and has
the power to order his crew to do anything and everything he desires.
 The Soldiers, soldata, Wise guy’s, Men of Honor, Untouchables, or Made-men are lowest-
ranking members of the Mafia, the grunts of the organization, generally sticking out their neck

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in the hope of making a name for themselves by demonstrating their loyalty to the
organization and boss and protecting the organization at all costs. Soldiers are used to commit
murder, beatings, torture, assassinations, bombing, arson, kidnapping, extortion, death threats,
blackmailing, bribery, witness intimidation, jury intimidation, and extortion. They are the workers
for the organization that work the streets making a lot of money and killing a lot of people for
the bosses and the organization. They only have two jobs which are to make a lot of money
and kill lot of people for the boss and the organization. As a soldier you must be willing to
always put the crime family above everything and anything, even if your wife is about to give
birth, or you mother, father, wife, or children is on their deathbeds, or you’re at the funerals, you
must drop everything to serve the boss and the crime family. Once you become a made-man
you are a member for life and the only way out is death.
 The Consigliere, or chief advisor, or counselor, is the Boss's right-hand man and trusted
confidant. The Consigliere is very powerful in the organization, and he plays one of the most
important roles in a crime family. He is a close and trusted friend and confidant of the family
boss for strategic information, diplomatic counsel, and sound advice. The Consigliere is the
mediator of disputes within the crime family and often acts as a representative or aide for the
organization in meetings with other crime families, rival crime families, and important business
associates. The Consigliere's job is to bribe politicians, law enforcement and government
officials to protect the organization, and to be a consultant to the crime family, and use his
diplomacy to keep the underlings, such as the captains, soldiers, and associates in line. The
Consigliere is someone who the Boss trusts and goes to for advice, counsel or information
regarding the organization, finances, operations, politics, rules, grievances, disputes, or
businesses (History.com, 2009).

Structure 4: RUSSIAN BRATVA

Pakhan - is the Boss or Krestnii Otets "Godfather" and controls everything. The Pakhan controls four
criminal cells in the working unit through an intermediary called a "Brigadier."

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Sovietnik - ("Councilor"), is the advisor and most close trusted individual to the Pakhan, similar to the
Consigliere in Italian-American Mafia crime families and Sicilian Mafia clans.

Kassir or Kaznachey - the bookmaker, collects all money from Brigadiers and bribes the government to
Obshchak (money mafia intended for use in the interests of the group), similar to the underboss
position in Italian-American Mafia crime families.

Brigadier - or Avtoritet ("Authority"), is like a captain in charge of a small group of men, similar to
Caporegime in Italian-American Mafia crime families and Sicilian Mafia clans. He gives out jobs to
Boeviks ("warriors") and pays tribute to Pakhan. He runs a crew which is called a Brigade (Bratva). A
Brigade is made up of 5–6 Boyeviks and Shestyorkas. There are four Brigadiers running criminal
activity in the Russian Bratva.

Boyevik - literally "warrior" works for a Brigadier having a special criminal activity to run, similar to
soldiers in Italian-American Mafia crime families and Sicilian Mafia clans. A Boevik is in charge of
finding new guys and paying tribute up to his Brigadier. Boevik is also the main strike force of a brigade
(bratva).

Krysha - literally "roofs", "covers". Those are an extremely violent "enforcers" as well as cunning
individuals. Such enforcer is often employed to protect a business from other criminal organizations.

Torpedo - "Contract killer"

Byki - bodyguards (literally: bulls)

Shestyorka - is an "associate" to the organization also called the "six", similar to associates in Italian-
American Mafia crime families and Sicilian Mafia clans. Is an errand boy for the organization and is the
lowest rank in the Russian Mafia. The sixes are assigned to some Avtorityets for support. They also
provide an intelligence for the upcoming "dielo" or on a certain target. They usually stay out of the
main actions, although there might be exceptions, depending on circumstances. During a "delo"
Shestyorkas perform security functions standing on the look out (Shukher - literally: danger). It is a
temporary position and an individual either making it into the Vor-world or being cast aside. As they
are earning their respect and trust in Bratva they may be performing roles of the regular Boyeviks or
Byki depending on the necessities and patronage of their Brigadier or Avtorityet. Etymology of
'shestyorka' word comes from the lowest rank of 36 playing card deck - sixes.

In the Russian Mafia to become a "Vor" (plural: Vory) (a Thief) is an honorary title denoting a made
man. The honor of becoming a Vor is only given when the recruit shows considerable leadership skills,
personal ability, intellect and charisma. A Pakhan or another high-ranking member of an organization
can decide if the recruit will receive such title. When you become a member amongst the Vor-world
you have to accept the code Vor v Zakone or Thief inside the Law (compare to outlaws).

Although most Russian criminal groups vary in their structure, there have been attempts at trying to
figure out a model in how they work. One such model, which could be possibly outdated structure, as
it is based on the old style of Soviet criminal enterprises, works out like the following:

Elite group - led by a Pakhan who is involved in management, organization and ideology. This is the
highest group controls both support group and security group.

Security group - is led by one of his spies. His job is to make sure the organization keeps running and
also keeps the peace between the organizations and other criminal groups and also paying off the
right people. This group works with the Elite group and is equal in power with the Support groups. Is in
charge of security and in intelligence.

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Support group - is led by one of his spies. His job is to watch over the working unit collecting the money
while supervising their criminal activities. This group works with the elite group and is equal in power
with the Security group. They plan a specific crime for a specialized group or choose who carries out
the operation.

Working Unit - There are four Brigadiers running a criminal activity in the working unit. Each Brigade is
controlled by a Brigadier. This is the lowest group working with only the Support group. The group is
involved in burglars, thieves, prostitution, extortion, street gangs and other crimes.

Characteristics of Organized Crime


1. Has no political goal – This means that organized criminal groups are not concerned
about the political agenda of the country. They are concerned about making money,
gaining influence and power. Although some refer to a terrorist organization as an
organized criminal group, not all organized criminal syndicates are terrorist groups.
2. Hierarchical – An organized crime is composed of the boss, the underboss, captain and
soldier. Meaning, it has a leader, the workers, the soldier. In short an organized crime have
organizational structure.
3. Has a limited or exclusive membership –This means that not all can become a member of
an organized criminal group. If you want, you need to prove yourself. One common way is
to show you can kill. And not just kill, you can kill many without hesitations.
4. Perpetuates itself –It means that existence is continues. Syndicates formed sometime in
1900’s or even earlier and up until now they are still existing. This is due to the fact that they
are designed to live even beyond the life of the current members.
5. Demonstrates specialization/ division of labor –Each person in the criminal group has
different tasks and responsibilities. The boss has his own job, the underboss has another role
also and down to soldiers who are performing most of the task.
6. Is monopolistic –Organized criminal group doesn’t want any competitors. If they are the
drug dealers in the entire area/place, they will be the only drug dealers. They don’t
hesitate killing prospective rivals.
7. Is governs by explicit rules and regulations – Organized crime consider the crime family as
the top priority over another, they have this so – called “OMERTA”, their code of silence.
They need to remember two things – keep silent and follow superiors.
8. Willingness to use illegal violence and bribery –Violence is used to maintain their illegal
business operation, they are willing to bribe public officials, police officers and other
people. And again, they don’t hesitate killing someone (Abadinsky, 2010).

SOME ASIAN ORGANIZED CRIME GROUPS

1. 2 forms of Organized Crime Group in China


A. Gangs (Triads) – work in cooperative ventures involving black market activities, large
burglaries, thefts, and highjackings. Other activities include extortion of small business. Triads
are traditional organized-crime groups originating from Hong Kong, Macau and Taiwan.
Criminal organizations operating in, or originating from, mainland China are "mainland
Chinese criminal groups" or "black societies". After years of repression, only some elements
of triad groups are involved with illegal activities. Triads in Hong Kong are less involved with
"traditional" criminal activity and are becoming associated with white-collar crime (refers to
financially motivated, nonviolent crime committed by businesses and government
professionals). "Triad" is a translation of the Chinese term San Ho Hui (or Triple Union Society),
referring to the union of heaven, earth and humanity
B. Criminal Syndicates – commonly involved in more sophisticated crimes such as prostitution,
illegal immigration, slavery and other organized forms of vices.
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2. Hongkong
A. Wo Sing Wo
 The triad with longest tradition in Hong Kong.
B. 14 K gang
 It is the second largest Triad group in the world with around 20,000 members split
into thirty subgroups.
 Formed by Kuomintang Lieutenant-General Kot Siu-wong in Guangzhou
C. Sun Yee On, or New Righteousness and Peace Commercial and Industrial Guild,
 One of the leading triads in Hong Kong and mainland China, with the most
members – more than 55,000 – worldwide.
 Founded by Heung Chin, originally from Chiu Chow, in 1919
D. Shui Fong
 Also known as the Wo on Lok, is one of the main Triad groups in Southern China,
operating especially in Hong Kong and Macau.
3. Japan
A. Gokudō /Boryokudan/ Ya –ku-za- 893 means useless or no points
 Most influential organized crime group in Japan.
 The Japanese police, and media by request of the police, call them bōryokudan or
"violence group"), while the yakuza call themselves "ninkyō dantai" or "chivalrous
organizations").
 Some of its activity are; exploitation of women, prostitution (Supply comes most
from the Philippines, Thailand and Taiwan) who are imported as entertainers.
 RITUALS:
a. Yubitsume
 The cutting of one's finger is a form of penance or apology. Upon a first
offense, the transgressor must cut off the tip of his left little finger and
give the severed portion to his boss.
b. Irezumi
 Full-body tattoos of yakuza member including their genitalia.
 THREE PRINCIPAL FAMILIES:
 Yamaguchi-gumi
 The biggest yakuza family, accounting for 50% of all yakuza in Japan, with more
than 55,000 members divided into 850 clans.
 Based: Hyogo
 Sumiyoshi-rengo/Sumiyoshi-kai
 The second largest yakuza family, with 20,000 members divided into 277 clans.
 It is sometimes called, is a confederation of smaller yakuza groups.
 Based: Tokyo
 Inagawa-kaï
 The third largest yakuza family in Japan, with roughly 15,000 members divided into
313 clans.
 Based: Tokyo.
4. Cambodia
 Chinese and Myanmorese is the major controller of organized transnational
activities.
5. Republic of Korea
 Kendal Emening Scarups
 Although not considered as criminal groups, they also engage in criminal activities
and intervene in violence, in some way to help the weak and the poor.
6. Myanmar
 A country led by a military Junta, which exploits its citizen to force labor.
 A country which produce and supply at least 68% of illicit drugs around the globe.
 These activities are controlled by armies, now considered as the largest organized
crime groups in the world.
United Wa State Army
 Under the command of Wei-Hsueh-Kong
Konkang Chinese

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 Protects cultivation and refining of drugs.


Myanmar National democratic Alliance Army
 Control the plantations and refine of opium into Heroin and also produce
methamphetamine.
7. Vietnam
 Rank as top 26 drug producing and trafficking countries in the world.
 Nam Cam Gang
 Involves in corruption of public officials and the police.
8. Taiwan
 Have direct connections with Bamboo Union Gangs.
 It has a relationship with the triad groups in China and Hong Kong with
primary crime activities into drug trafficking, prostitution, child and
woman smuggling.
9. Philippines
 Considered the “heaven for sex industry” organized criminal groups virtually control
every aspect of the commerce in women and child trafficking.
 Thousands of women are sent to Japan, Thailand and other countries as
entertainers and most end up as prostitutes.
 Also major provider of for young children to pedophiles on the so-called sex tours.
 Kuratong Baleleng
 An organized crime syndicate in the Philippines that once was an anti-communist
vigilante group.
 11 members of Kuratong Baleleng were killed by the Presidential Anti-Crime
Commission, led by Panfilo Lacson.
 Akyat Bahay Gang
 The Akyat Bahay Gang is known as a violent home invasion-oriented gang which
also has a history with drug dealing.
 Bahala Na Gang
 The Bahala Na Gang ("Come What May") is one of the most notorious of Filipino
Gangs; they were established among inmates in the notorious jails of the Philippines
in the early 1940s and eventually spread its operations throughout the globe. The
gang is known to have chapters in North and Latin America as well as Europe
alongside their Philippine presence.
 A tattoo of a Question Mark (?) located on any part of the body is a mark of the
infamous Filipino gang. The Bahala Gang, despite rumours that the gang is "dying"
out, mainly due to the majority of its leaders being in jail, still has a presence in the
Philippines and primarily in the United States.
 Sigue Sigue Comando Gang
 One of the largest Gangs in the Philippines. The Gang has thousands of members
spread around the Philippine Islands, the gang is involved with home invasion,
kidnapping and torture, extortion, arson, auto theft, robberies, sales of illegal
narcotics, battery assault, shootings and numerous known & unknown homicides

 Bacolod Underground Crips


 A type of gang that has been known for its number of vandals in the city of
Bacolod, Negros Occidental. The gang is involved with shootings and mostly
vandalism. The gang is widely spread in the city of Bacolod and is not involved
with other gang wars except their own.
 The gang is said to have connected with True Brown Style 13 and other Crip gangs
in Bacolod City
10. Thailand
Considered the most notorious in the world in terms of industry, importing at least 1

million women from China, Laos and Vietnam.
 Chao pho or jao poh
 Literally means “godfather.” Chao pho are mostly of Han ethnicity based in the
provinces that have business interests in both legitimate and criminal activities.
 Red Wa

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 Local organized crime in Thailand is largely controlled by people of Han Chinese


ethnicity.
 The most powerful organized crime gang in Thailand.

SOME ORGANIZED CRIME IN EUROPE

 Sicilian Mafia
 Regarded as the archetype of organized c rime and has been subject of
controversy.
 Based in Sicily Italy. The Sicilian Mafia formed in the mid-1800s to unify the Sicilian
peasants against their enemies. In Sicily, the word Mafia tends to mean “manly.”
The Sicilian Mafia changed from a group of honorable Sicilian men to an organized
criminal group in the 1920s.
 Ndrangheta
 A criminal organization in Italy centered in Calabria.
 The most-powerful crime syndicate of Italy in the late 1990s and early 2000s. The
word “’Ndrangheta” comes from the Greek meaning courage or loyalty. The
’Ndrangheta formed in the 1860s when a group of Sicilians was banished from the
island by the Italian government. They settled in Calabria and formed small criminal
groups. The 'Ndrangheta has expanded its activities to Northern Italy, mainly to sell
drugs and to invest in legal businesses which could be used for money laundering.
According to some reports, the 'Ndrangheta works in conjunction with Mexican
drug cartels in the drug trade.
 Camorra
 A Mafia-type of criminal organization, or secret society, that originated in the region
of Campania and its capital Naples in Italy. It is one of the oldest and largest
criminal organizations in Italy, dating back to the 18th century. The word “Camorra”
means gang. The Camorra first appeared in the mid-1800s in Naples, Italy, as a
prison gang. Once released, members formed clans in the cities and continued to
grow in power. Every "capo" or "boss", is the head of a clan (as what we previously
discussed), in which there may be tens or hundreds of affiliates, depending on the
clan's power and structure. Consequently, as Camorra clans act independently,
they are more prone to feuding among themselves. The Camorra's main businesses
are drug trafficking, racketeering, counterfeiting and money laundering. It is also
not unusual for Camorra clans to infiltrate in the politics of their respective areas.
The Camorra has more than 100 clans and approximately 7,000 members, making it
the largest of the Italian organized crime groups.
 Sacra Corona Unita (SCU) or United Sacred Crown
 A Mafia-like criminal organization from Apulia (in Italian Puglia) region in Southern
Italy, and is especially active in the areas of Brindisi, Lecce and Taranto
 The Russian Mafia and the Vory V. Zakone (thieves in law)
 Counterpart of Sicilian Mafia, it is linked to a territoriality-based provision of
protection services and to alliance between upper-world and under world in Russia.
 Corrupt government officials
 Shady business tycoons, so called Oligarch, and
 Members of criminal gangs headed by so called authorities and loosely
tied to each other through a criminal fraternity known as “Thieves in
Law”
 Pink Panthers
 The name given by Interpol to an international jewel thief network, named after The
Pink Panther series of crime comedy films, which is responsible for some of the most
audacious thefts in criminal history.
 They are responsible for what have been termed some of the most glamorous heists
ever, and one criminologist even described their crimes as "artistry".

Columbian Cartel

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a. Medellin Cartel – was a powerful and highly organized Colombian drug cartel and
terrorist-type criminal organization originating in the city of Medellín, Colombia that was
founded and led by Pablo Escobar. The drug cartel operated from 1972 to 1993 in Bolivia,
Colombia, Panama, Central America, Peru, and the United States, as well as in Canada.
At the height of its operations, the Medellín Cartel smuggled tons of cocaine each week
into countries all over the world and brought in up to US$60 million daily in drug profits. For
a time, the Medellín Cartel supplied at least 80% of the world's cocaine market.
b. Cali Cartel – was a drug cartel based in southern Colombia, around the city of Cali and
the Valle del Cauca Department. Its founders were the brothers Gilberto Rodríguez
Orejuela and Miguel Rodríguez Orejuela, and José Santacruz Londoño. They broke away
from Pablo Escobar and his Medellín associates in the late 1980s. With connections to
British and Israeli mercenaries, allies among countries, countless spies and informants in the
government, and its vast intelligence and surveillance network throughout the city of
Santiago de Cali, the cartel was once renowned and compared to the KGB (intelligence
service of Russia) by the DEA (equivalent to PDEA in the Philippines). At the height of the
Cali Cartel's reign, they were cited as having control over 90% of the world's cocaine
market and were said to be directly responsible for the growth of the cocaine market in
Europe, controlling 90% of the market there as well. By the mid-1990s, the trafficking
empire of the Cali Cartel was a multibillion-dollar enterprise.

5 Most Powerful Criminal Organization in the World

a. Solntsevskaya Bratva - also known as the Solntsevskaya Brotherhood is the biggest and
most powerful crime syndicate of the Russian mafia.
b. Yamaguchi Gumi - the largest known gang in the world and one of several groups
collectively referred to in Japan as Yakuza. It is named after its founder Harukichi
Yamaguchi.
c. The Crips - are primarily an African-American gang. They were founded in Los Angeles,
California in 1969 mainly by Raymond Washington and Stanley Williams. The Crips are
notorious for being one of the most violent gangs in the United States.
d. Cosa Nostra - is a criminal syndicate in Sicily, Italy. It is a loose association of criminal
groups that share a common organizational structure and code of conduct.
e. Sinaloa Cartel - is an international drug trafficking, money laundering, and organized
crime syndicate. It is considered by many to be the most feared Mexican drug cartel in
the world.

TYPICAL ORGANIZED CRIME ACTIVITIES

1. Theft and Fraud


 Victimizing business
 Hijacking of cargo tracks
 Robbery
 Bankruptcy fraud also known as “bust-out”
 Insurance fraud
 Stock fraud (inside trading)
 Victimizing individual persons:
 Carnapping “chop chop for export”.
 Burglary
 Credit card fraud
 Stock fraud (Pump and dump scam)
 Victimizing State:
 Bid-rigging public projects
 Money counterfeiting
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 Smuggling, manufacturing illegally (counterfeiting) or trading in untaxed alcohol


(bootlegging) or cigarettes (butt legging).
2. Providing illegal services and goods
a. Loan sharking
 Lending of money to another wherein the percentage of the principal is to
exorbitant for the lender to pay his debt and the collection is done by force or
intimidation.
b. Bookmaking
 Gambling practice of determining odds and receiving and paying off bets on the
outcome of sporting events (particularly horse racing), political contests, and
other competitions.
c. Gambling
It is the wagering of money or something of material value with the intent to win more.
Gaming – Gambling permitted by law.
d. Prostitution
The act or practice of engaging in sex acts for hire.
Related topics and Terms:
Whore
 The usual term for commercial sex worker or sex trade worker.
Hooker or street walker
 One who solicit customers in public places
Call Girl
 Makes appointment by phone
Gigolo
 One who offers services to female customers
Hustlers or rent boys
 Those offering services to male customers
Pimps (Males) and Madams(Females)
 Organizers of prostitution or procurers for customers
John or Tricks
 The customers of prostitutes in north America
Punters
 British customers of prostitutes
Kerb Crawlers
 Men who drive along a red-light district to solicit prostitutes.

Types of Prostitutions
 Escort prostitution – one-call and in-call
 Lot lizard – serves the trucking industry
 Street Prostitution – solicit customers in street corners
 Skeezers – trade sex for illegal drugs
 Sex tourism – the commercial sexual relation by the tourist with resident at
the destination
e. Pornography
 The depiction of explicit sexual subject matter for sexually titillating the viewer.
f. Drug trafficking
 The illegal sale, production, transport, movement, and distribution of illegal drugs
and controlled-substances attained through unlawful means.
g. Arms smuggling (Arms trafficking)
 Also known as gunrunning.
 The illegal trafficking or smuggling of contraband weapons or ammunition. What
constitutes legal trade in firearms varies widely, depending on local and national
laws.
h. Murder for hire (contract killing)
 A form of murder, in which one party hires another party to kill a target individual
or group of people. It involves an illegal agreement between two or more parties

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in which one party agrees to kill the target in exchange for currency, monetary, or
otherwise. Either party may be a person, group, or an organization.
i. Toxic waste dumping
 Dumping of hazardous waste in town dumps to avoid paying the fees charged by
waste transporters and waste facilities.
j. People smuggling
 People smuggling (also called human smuggling) is defined as "the facilitation,
transportation, attempted transportation or illegal entry of a person or persons
across an international border, in violation of one or more countries laws, either
clandestinely or through deception, such as the use of fraudulent documents".
k. Trafficking in human beings
 It is the recruitment, transportation, transfer, harboring, or receipt of persons by
means of; threat or use of force or other forms of coercion, abduction, fraud,
deception, abuse of power, a position of vulnerability, the giving or receiving of
payments or benefits to achieve the consent of the person having control over
another person, for the purpose of exploitation.
 Causes of human Trafficking
 Lack of employment opportunities
 Organized crime
 Regional imbalances
 Economic disparities
 Social discrimination
 Corruption in government
 Political instability
 Armed conflicts
 Mass resettlement without proper resettlement package
 Profitability
 Insufficient penalties against traffickers
 Minimal law enforcement on global sex tourism industry
 Legal process that prosecutes victims instead of traffickers
 Poor international border defense

Child laundering
 The illegal acquisition of children through monetary transactions, deceit,
and/or force. Child laundering rings are often expansive with multiple
hierarchies of people whose primary motivations are large profits from
the black markets of overseas adoption. With Westerners willing to spend
thousands of dollars to adopt one child, enough monetary incentives
are created to extend the laundering ring from the middle classes to
societies' more affluent groups. These "baby broker" families
subsequently forge a new identity for the laundered child, "validating"
the child's legal status as an orphan and ensuring the scheme will not be
uncovered.
Child harvesting
 the active drafting of parents and children for the adoption market and
is particularly associated with and prevalent in some international
adoption countries and markets
Baby factory or baby farm
 A location where girls are deliberately encouraged or forced to
become pregnant and give up their newborns for sale
Child-selling
 The practice of selling children, usually by parents, close persons, or
subsequent masters or custodians.

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Child labor
 Refers to the employment of children in any work that deprives children
of their childhood, interferes with their ability to attend regular school,
and that is mentally, physically, socially or morally dangerous and
harmful.
Commercial sexual exploitation of children (CSEC)
 Constitutes a form of coercion and violence against children and
amounts to forced labour and a contemporary form of slavery.
 CSEC includes the prostitution of children, child pornography,[2] child sex
tourism and other forms of transactional sex where a child engages in
sexual activities to have key needs fulfilled, such as food, shelter or
access to education.
Europol Distinctions of Types of Victims
 Exploited Victims
 Those who have worked in sex industry in their own country and
are recruited for similar work in the destination country.
 Deceived Victims
 Consist of woman recruited to work in the service or entertainment
industry of the destination country.
 Kidnapped Victims
 Woman who have been kidnapped and are therefore unwillingly
from the outset.

3. Business and labor Racketeering


 Act of operating illegal business or scheme in order to make profit by a structured
group.
 Casino skimming
 The illegal siphoning-off of gambling profits by Las Vegas casinos to avoid taxes.
 Setting up monopolies in rigid low-tech industries (like garbage collecting and cement
pouring)
 Bid-rigging
 A form of fraud in which a commercial contract is promised to one party even
though for the sake of appearance of several other parties also present to bid. This
form of collusion is illegal in most countries. It is a form of price fixing and market
allocation, often practiced where contracts are determined by a call for bids, for
example in the case of government construction contracts
 Abusing labor unions
 Using non-union labor and pocketing the wage difference
 Extortion (e.g. construction, transport, garment industry, longshoremen)
 Getting “no-show” and no-work jobs
 Monopolizing the supply of immigrant workers associated with people smuggling

4. Miscellaneous activities
 Money laundering
Practice of disguising illegally obtained funds so that they may seem legal.
(Related Topic: R.A. 9160 as amended R.A. 9194)
 Steps in Money Laundering
a. Placement
 It is also called as immersion.
 The physical disposal of money by moving funds from direct association with the crime
and putting them into the financial system, usually through Smurfing (moving small
amounts at times to avoid suspicion).
 It involves bank complicity, the mixing of illicit with illicit funds, cash purchases and the
smuggling of currency to safe havens.
b. Layering
 It is also called as heavy soaping.

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 The process of disguising the trail to foil pursuit. In involves the


creation of false paper trail, conversion of cash into monetary
instruments and the conversion of tangible assets obtained by
means of cash purchases.
 Electronic process is the most cost-effective layering method. They
offer the criminal speed, distance, minimal audit trail and virtual
anonymity amid the enormous daily volume of electronic transfer, all
at minimal cost.
c. Integration
 Also called as spin dry.
 The money is again available to the criminal with its occupational
and geographical origin is hidden. Because the money is often
repatriated in the form of clean, often taxable income. It is achieved
by means of real estate transactions, front companies and sham
loans, foreign bank complicity and false import and export
transactions.
 Bullying
 Bullying is the use of force or coercion to abuse or intimidate others. The behavior
can be habitual and involve an imbalance of social or physical power. It can
include verbal harassment or threat, physical assault or coercion and may be
directed repeatedly towards particular victims, perhaps on grounds of race,
religion, gender, sexuality, or ability.
 If bullying is done by a group, it is called mobbing.
 The victim of bullying has been referred to as a "target"
 Kleptocracy
 Alternatively cleptocracy or kleptarchy, (from Greek: kleptēs, means "thief" and -
kratos, means "power, rule", hence "rule by thieves")
 A form of political and government corruption where the government exists to
increase the personal wealth and political power of its officials and the ruling class
at the expense of the wider population, often without pretense of honest service.
This type of government corruption is often achieved by the embezzlement of
state funds.
 Piracy
 Political Corruption
The used of legislated powers by government officials for illegitimate private gain.

a. Bribery
2. Requires one to give and another to receive. It is demanded for an official to do something
wherein he is already paid to do. The intent is influence.
b. Graft
3. It only requires that an official has gained something of value, not part of his official pay when
doing his work.
c. Patronage
4. Favoring supporters during the previous election.

d. Nepotism
5. Favoring relatives.
e. Cronyism
6. Favoring personal friends
f. Embezzlement
7. Theft or misappropriation of entrusted funds.
g. Kickback
8. Official’s share for misappropriated funds.
Conditions Favorable to Corruption
a. Information deficit
b. Luck of control by the Government
c. Opportunities and incentives

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d. Social Conditions

INTERPOL Manila

 The National Central Bureau (NCB) for the Philippines is an inter-ministerial entity which is not
part of the Philippine National Police but instead is directly attached to the Office of the
President. As such it benefits from direct access to the services of all law enforcement agencies
in the Philippines.
 The NCB is referred to as “NALECC-SCILEC” (National Law Enforcement Coordinating
Committee - Sub Committee on International Law Enforcement Cooperation).
 INTERPOL Manila is an integral part of the PCTC. Its mission is to serve as the liaison office and
main coordinating body for international police cooperation on behalf of all law enforcement
agencies in the Philippines. Its main duties include:
 Monitoring and coordinating law enforcement activities relating to transnational crimes
affecting the Philippines;
 Operating and maintaining an operations center to serve as the focal point for international
cooperation on transnational crime for all law enforcement agencies in the Philippines;
 Acting as a NALECC Sub Committee in the monitoring of crime and activities which threaten
national security and the economy.
 INTERPOL Manila works around the clock and uses English as its main working language.

INTERNATIONAL POLICE COOPERATIONS CREATED TO ADRESS TRANSNATIONAL CRIMES

UN POLICE Community

 The United Nations Police Division cooperates with many organizations to strengthen its
expertise and expand its effectiveness. With some of these organizations, UN Police (UNPOL)
has official agreements to strengthen information sharing and lessons learned and to facilitate
the implementation of peacekeeping mandates. With others the links are informal, but add to
the work of the Division. This police community continues to grow, and this growth will be
reflected in these pages.

1. EUROPOL

 Short for European Police Office


 Headquarters is in Hague Netherlands.
 A European Union's criminal intelligence agency.
 It became fully operational on 1 July 1999.
 The establishment of Europol was agreed to in the 1992 Maastricht Treaty, officially known as
the Treaty on European Union (TEU) that came into effect in November 1993.
 The agency started limited operations on 3 January 1994, as the Europol Drugs Unit (EDU). In
1998 the Europol Convention was ratified by all the member states and came into force in
October. In order to fight international organized crime effectively, Europol cooperates with a
number of third countries and organization.
 The Europol External Strategy defines the framework within which Europol is to develop its
activities with regard to third partners.
 Fully reformed on 1 January 2010. Europol increased powers to collect criminal information and
European Parliament more control over Europol activities and budget.

Functions

 Its Aim is to improve the effectiveness and co-operation between the competent authorities of
the member states primarily by sharing and pooling intelligence to prevent and combat serious
international organized crime.

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 Its Mission is to make a significant contribution to the European Union's law enforcement efforts
targeting organized crime.

 NO executive powers. It is a support service for the law enforcement agencies of the EU
member states.
 This means that Europol officials are not entitled to conduct investigations in the member states
or to arrest suspects.
 A multi-disciplinary agency, comprising not only regular police officers but staff members from
the member states' various law enforcement agencies: customs, immigration services, border
and financial police, etc.
 Secondly, Europol helps to overcome the language barriers in international police co-
operation. Any law enforcement officer from a member state can address a request to their
Europol National Unit (ENU) in her/his mother tongue and receive the answer back in this
language.

Europol tools in providing support,

1. information exchange
2. intelligence analysis
3. expertise and training

Three different levels of co-operation

1. Technical co-operation or to provide training.


2. Strategic co-operation aimed at exchanging general trends in organized crime and how to
fight it and the exchange of threat assessments.
3. The top level of co-operation includes the exchange of personal data and requires the
fulfillment of Europol's standards in the field of data protection and data security.

Authorities

 The Directorate of Europol is appointed by the Council of the European Union (Ministers for
Justice and Home Affairs).
 It currently consists of Director Rob Wainwright (UK) and Deputy Directors Michel Quillé
(France) and Eugenio Orlandi (Italy).
 Financial supervision over Europol is aided by a committee of auditors drawn from the
membership of the European Court of Auditors and known as the Joint Audit Committee. The
Joint Audit Committee is not technically part of the European Court of Auditors as the Europol
budget is not part of the overall EU budget. This unusual arrangement preserves the
intergovernmental character of Europol.
 The European Court of Justice has minimal jurisdiction over Europol with its remit extending only
to limited interpretation of the Europol Convention.

2. ASEANAPOL

 Stands for Association of National Police Forces of the ASEAN Region


 Formed in 1980 to initiate regional police co-operation. Delegates meet annually to discuss
crime-related issues. A paper by the Assistant Director for External Relations of the ASEAN
Secretariat wrote in 1999 that:
 The ASEANAPOL deals with the preventive, enforcement and operational aspects of
cooperation against transnational crime.
 Has been actively involved in sharing of knowledge and expertise on policing, enforcement,
law, criminal justice, and transnational and international crimes. It has established three ad-hoc
commissions dealing with drug trafficking, arms smuggling, counterfeiting, economic and
financial crimes, credit card fraud, extradition and arrangements for handing over of criminal

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offenders and fugitives. It has also taken initiatives to combat new forms of transnational crime,
such as fraudulent travel documents, phantom ship frauds, product counterfeiting and piracy.

3. International Association of Chiefs of Police (IACP)

 Was founded in Chicago in 1893 as the National Chiefs of Police Union.


 The primary goal of this organization was to apprehend and return criminals who had fled the
agency jurisdictions in which they were wanted. The organization has expanded over the years
with the goals of advancing the science and art of police work, promoting improved practices
throughout the law enforcement community and foster cooperation and information
exchange among police administrators.
 The IACP is the world’s oldest and largest nonprofit membership organization of police
executives, with over 20,000 members in over 89 different countries.

Mission

 Advance the science and art of police services;


 Develop and disseminate improved administrative, technical and operational practices and
promote their use in police work;
 Foster police cooperation and the exchange of information and experience among police
administrators throughout the world;
 Bring about recruitment and training in the police profession of qualified persons
 Encourage adherence of all police officers to high professional standards of performance and
conduct.

Activities

 The IACP helped to develop and/or promote many tools currently used by law enforcement
agencies. These tools include the use of fingerprints, Uniform Crime Reports and the Federal
Bureau of Investigation's National Academy for state and local police.
 The United Nations granted a Consultative Status to the IACP in the 1970s due to the IACPs
work in several UN member nations. Also in the 1970s, the IACP developed a national bomb
data center and turned this over to the FBI.
 Along with other activities, the IACP publishes Police Chief Magazine.

4. UNITED NATIONS
 It was formerly known as League of Nations
 An intergovernmental organization created in 1945 to promote world peace, economic and
social development, and other forms of international cooperation.
 Members: 193 countries as of 2011, 2 observer (Vatican City & State of Palestine)
 Headquarters: International territory, New York City
 Official Languages: Arabic, French, Russian, English, Chinese , Spanish

HAS SIX PRINCIPAL ORGANS AS FOLLOWS:


General Assembly
Main deliberative assembly.
Security Council
Deciding certain resolutions for peace and security;
Economic and Social Council (ECOSOC)
Promoting international economic and social co-operation and development;
Secretariat
Providing studies, information, and facilities needed by the UN.
Current Secretary-General: Ban Ki-moon of South Korea.
International Court of Justice
Primary judicial organ which is commonly referred to as World Court.
Based: Peace Palace, Hague Netherlands

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Composed of 15 judges who serve 9-year terms and are appointed by the
General Assembly; every sitting judge must be from a different nation
United Nations Trusteeship Council (inactive since 1994).
 In September 2013, the UN had peacekeeping soldiers deployed on 15 missions. The largest
was the United Nations Organization Stabilization Mission in the Democratic Republic of the
Congo (MONUSCO), which included 20,688 uniformed personnel. The smallest, United Nations
Military Observer Group in India and Pakistan (UNMOGIP) included 42 uniformed personnel
responsible for monitoring the ceasefire in Jammu and Kashmir. UN peacekeepers with the
United Nations Truce Supervision Organization (UNTSO) have been stationed in the Middle East
since 1948, the longest-running active peacekeeping mission.
5. Automated Donor Assistance Mechanism (ADAM)
 An online coordination tool developed by UNODC within the framework of the Paris Pact
Initiative, a UNODC-led partnership of more than 50 countries and international organizations,
which aims to counter traffic in and consumption of Afghan opiates.
6. CEPOL - the European Police College
 CEPOL brings together senior police officers across Europe with the aim to encourage cross-
border cooperation in the fight against crime and maintenance of public security and law and
order. Established as an agency of the European Union (EU) in 2005 and the CEPOL Secretariat
is based in the United Kingdom.
7. Discover Policing
 Looking to make a change? Discover how policing can be a great new career.
8. European Security and Defense Policy Operations
 Webpage to European Security and Defense Policy Operations. Including links to EU Police
Missions to Bosnia-Herzegovina, to the Former Yugoslav Republic of Macedonia, to the
Palestinian Territories and to Kinshasa (Democratic Republic of Congo).
9. International Association of Women Police (IAWP)
 The IAWP serves to provide women with resources, networking and organization to help in
promoting women in policing, other law enforcement and corrections.
10. International Network to Promote the Rule of Law (INPROL)
 INPROL is an internet-based knowledge network that provides those serving in the field the
ability to exchange information with other experienced practitioners and experts, and to
access relevant documents, best practices, and related materials.
11. National Association of Women Law Enforcement Executives (NAWLEE)
 The first organization established to address the unique needs of women holding senior
management positions in law enforcement. NAWLEE is a non-profit organization sponsored and
administered directly by law enforcement practitioners.
12. National Criminal Justice Reference Service (NCJRS)
 NCJRS is a US federally funded resource offering justice and substance abuse information to
support research, policy, and program development worldwide.
13. OSCE POLIS
 Policing On-line Information System
 Webpage to the OSCE digital depository on police-related matters.
14. Pearson Peacekeeping Centre

 The Pearson Peacekeeping Centre was established in 1994 at the request of the Government
of Canada and was named in honor of Lester B. Pearson, former Prime Minister of Canada
and recipient of the 1957 Nobel Peace Prize for his role in establishing the United Nations
Emergency Force – the first modern international peace operation. The Mission of the Centre
is make peace operations more effective through research, education, training and
capacity building.
15. OSCE SPMU - Strategic Police Matters Unit
 Webpage to the OSCE Strategic Police Matters Unit.
16. Police co-operation in the European Union
 Webpage presenting the scope of police co-operation activities in the European Union.
17. Stimson Center
 The Stimson Center, a nonprofit institution, has worked to combine research and analysis
with a commitment to fostering dialogue on improved, pragmatic, and nonpartisan

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policies. Stimson researches a variety of issues that focus on reducing the threat of
weapons of mass destruction, building regional security, and strengthening institutions for
international peace and security.
18. United Nations Interregional Crime and Justice Research Institute (UNICRI)
 Is mandated to assist intergovernmental, governmental and nongovernmental
organizations in the field of crime prevention and justice administration.
19. United Nations Office on Drugs and Crime (UNODC)
 UNODC is mandated to assist Member States in their struggle against illicit drugs, crime and
terrorism.
20. THE INTERPOL
 Conceptualized in 1920’s.
 Formerly known as International Police Commission.
 In 1955, the number affiliated countries from 19 to 55.
 In 2004, the number of affiliated countries increased to 181.
 As of 2012, the number of affiliated countries is 190.
 Mission:
 “To be a whole world pre-eminent police organization in support of all
organizations, authorities and services whose mission is preventing, detecting
and suppressing crime”.
 Three core services:
a. A unique global police communication system.
b. A range of criminal data bases and analytical services.
c. Proactive support for police operations throughout the world.
 Major decisions on the policy, budget, working methods, finances and programs of
activities are made by General assembly which meets annually.
 Each member country maintains NCB. (National Central Bureau).
 It is financed by annual contributions of each member country calculated a sliding
scale according to GNP.

The logo

The logo, in use since 1950, comprises the following elements:

 A representation of the globe, to indicate that INTERPOL's activities are worldwide;


 Olive branches either side of the globe to symbolize peace;
 The name "INTERPOL" below the globe in the centre of the olive branches;
 A vertical sword behind the globe, symbolizing police action.
 The abbreviations "OIPC" and "ICPO" above the globe either side of the sword;
 The scales below the olive branches symbolize justice.

The flag

The flag has been in use since 1950.

 It has a light-blue background;


 The logo is in the center;
 The four lightning flashes arranged symmetrically around the emblem symbolize
telecommunications and speed in police action.

INITIATIVES AGAINST TRANSNATIONAL CRIME

United Nations Convention Against Transnational Organized Crime

 The Philippines is signatory to UNCTOC which entered into force on 29 September, 2003. The
Convention represents a major step forward in the fight against TOC and signifies the

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recognition by Member States of the seriousness of the problems posed by it, as well as the
need to foster and enhance close international cooperation in order to tackle those problems.

Anti-Transnational Crime Initiatives

 The country continues to experience the adverse impacts of criminal operations, more so
being included in watch lists of international institutions such as the Paris-based Financial Action
Task Force (FATF) on matters related to money laundering, and the U.S. State Department on
trafficking in persons.

Among the more important and relevant issuances pertain to the creation of the following:

1. Philippine Drug Enforcement Agency (PDEA)


2. Inter-Agency Council on Anti-Trafficking in Persons (IACAT)
3. National Anti-Environmental Crime Task Force (NAECTAF)
4. Philippine Center on Transnational Crime (PCTC)
5. Information Technology and E-Commerce Council
6. Cyber security Task Force
7. Optical Media Board (OMB)
8. Anti-Terrorism Task Force,
9. Anti-Money Laundering Council (AMLAC)

PHILIPPINE LAWS AGAINST TRANSNATIONAL CRIMES

1. Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by RA 10364 also
known as the Expanded Anti-Trafficking in Persons Act of 2012

What is Trafficking in Persons (TIP)?

Trafficking in persons is an illegal act and is considered a violation of human rights. It has three (3) inter-
related and interdependent elements for a situation to be considered trafficking in persons:

 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;
 MEANS – It is committed by use of threat, or use of force, or other forms or coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person; and
 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.

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 above.

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What are the Acts Punishable under the Anti-TIP Law?

The following acts are punishable under RA 9208 as amended by RA 10364:

1. Acts of TIP – includes all acts committed by any natural or juridical person where all the three
elements of TIP (acts, means, purpose) are present. Some examples are:
 recruitment, hiring, offering, transferring, harboring or receiving any person for the
purpose of prostitution, pornography, sexual exploitation, under the pretext of domestic
or overseas employment or apprenticeship;
 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;
 maintaining or hiring a person to engage in prostitution or pornography;
 adopting persons by any form of consideration for exploitative purposes; and •
recruitment, hiring, adopting, transporting, obtaining, harboring, offering, receiving or
abducting a person, by means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale of organs of said person.

Any person found guilty of acts of TIP shall be penalized with imprisonment of 20 years and a fine of not
less than 1 million but not more than 2 million pesos.

2. Acts that promote TIP – includes all acts that encourages or facilitates TIP such as:
 knowingly using or allowing the use of any house or establishment for promoting TIP
 facilitating the use of tampered or fake documents to evade government regulatory
and pre-departure requirements;
 production, publication, broadcast and distribution, including use of ICT for
propaganda materials that promote TIP;
 assisting in the conduct of misrepresentation or fraud in securing
 clearances and necessary exit documents from government, and facilitating exit/entry
of persons possessing tampered or fraudulent travel documents for promoting TIP;
 preventing a trafficked person from seeking redress from appropriate agencies by
confiscating or destroying his/her passport, travel or personal documents;
 tampering with or destroying of evidence, or influencing or attempting to influence
witnesses in an investigation or prosecution of a TIP case;
 destroying, concealing, removing, confiscating or possessing travel and/or working
documents of any person in order to maintain the labor or services of that person; and
 using one’s office to impede the investigation, prosecution or execution of lawful orders
in a case.

Any person found guilty of acts that promote TIP shall be penalized with imprisonment of 15 years
and a fine of not less than 500 thousand but not more than 1 million pesos.

3. Use of Trafficked Persons – any person who buys or engages the services of trafficked persons
for prostitution shall be penalized with imprisonment ranging from six (6) years to forty (40) years
and fine ranging from 50 thousand to 5 million pesos.

In addition to imprisonment and fine, an offender who is a foreigner shall be immediately deported
and permanently barred from entering the country after serving jail terms, while an offender who is a

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public official shall be dismissed from service and suffer perpetual absolute disqualification to hold
public office.

4. Qualified TIP – the act will be considered as qualified TIP when:


 the trafficked person is a child;
 there is adoption under RA 8043 (Inter-Country Adoption Act) and said adoption is for
the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
 the crime is committed by a syndicate or is large scale;
 the offender is a spouse, ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person;
 the offense is committed by a public official or employee;
 the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
 the offender is a member of the military or law enforcement agencies;
 he trafficked person died, became insane, suffered mutilation or got infected with
HIV/AIDS;
 the offender commits one or more acts of TIP over a period of 60 or more days; and
 the offender directs or through another manages the trafficking victim the offender
directs or through another manages the trafficking victim

Qualified trafficking shall be penalized by life imprisonment and a fine of not less than 2 million but not
more than 5 million pesos.

5. Attempted TIP – where 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, such overt acts shall be deemed as an attempt
to commit an act of TIP. In cases where the victim is a child, any of the following acts shall also
be deemed as attempted TIP:
 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 permit or justification from the child’s parent or legal guardian;
 executing, for a consideration, an affidavit of consent or a written consent for
adoption;
 recruiting a woman to bear a child for the purpose of selling the child; • simulating a
birth for the purpose of selling the child; and
 soliciting a child and acquiring the custody thereof through any means, for the purpose
of selling the child.

Any person found guilty of committing attempted TIP shall be penalized with imprisonment of 15 years
and a fine of not less than 500 thousand but not more than 1 million pesos.

What protection is given to trafficked persons?

1. Legal Protection

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2. Free Legal Assistance


3. Right to Privacy and Confidentiality
4. Witness Protection Program
5. Victim Compensation Program

Who may file a complaint?

1. The trafficked person or the offended party


2. Spouse
3. Parents or legal guardians
4. Siblings
5. Children
6. Any person who has personal knowledge of the offense

How is trafficking in persons different from illegal recruitment and human smuggling?
Trafficking in Persons Illegal Recruitment Human Smuggling
May or may not involve Usually does not involve Usually does not involve
coercion, fraud, deception, coercion but uses more coercion
abuse of vulnerability, etc. deception, promises and fraud
Characterized by subsequent Characterized by facilitating Characterized by facilitating for
exploitation after the illegal entry of one person from one a fee, the illegal entry of a
entry of one person from one country to another through an person into a foreign country.
place to another or one country unorganized or unlicensed
to another. agency.
There is a need to prove Mere recruitment without Proof of illegal entry by non-
the presence of exploitation or license is punishable, no need to compliance with the necessary
that the recruitment was prove the consequential requirements
facilitated for the purpose of exploitation. for travel.
exploitation.
Considered a human rights Considered a migration Considered a migration
issue. concern. concern.

Under section 4 of this law, it defines the different acts considered as Trafficking in Persons.
Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
a. To recruit, transport, transfer; harbor, provide, 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, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
b. 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;
c. 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;
d. 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;
e. To maintain or hire a person to engage in prostitution or pornography;
f. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

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g. To recruit, hire, adopt, transport 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; and
h. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Aside from that, under section 6 of this law, it defines also the acts considered as Qualified Trafficking
in Persons.

Section 6. Qualified Trafficking in Persons. – The following are considered as qualified trafficking:
a. When the trafficked person is a child;
b. 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;
c. When the crime is committed by a syndicate, or on a 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;
d. 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;
e. When the trafficked person is recruited to engage in prostitution with any member of the military or
law enforcement agencies;
f. When the offender is a member of the military or law enforcement agencies; and
g. 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).

Section 7. Confidentiality. – 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.

Section 8. Prosecution of Cases. – Any person who has personal knowledge of the commission of any
offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian
may file a complaint for trafficking.

Section 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10) years:
Provided, however, that trafficking cases committed by a syndicate or in a large scale as defined
under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall 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.

What is the evidence needed to file a case of trafficking in person?


a. Testimonial Evidence – affidavit of the complainant and witnesses.

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b. Documentary Evidence – contract of employment, travel documents, records, police records,


forensic reports and other pertinent documents.
c. Object Evidence – devices and instrument used in trafficking and means to control the
trafficked victims.
d. Other evidence relevant

Section 16. Programs that Address Trafficking in Persons. – The government shall establish and
implement preventive, protective and rehabilitative programs for trafficked persons. For this purpose,
the following agencies are hereby mandated to implement the following programs;
a. Department of Foreign Affairs (DFA) – shall make available its resources and facilities overseas
for trafficked persons regardless of their manner of entry to the receiving country, and explore
means to further enhance its assistance in eliminating trafficking activities through closer
networking with government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs. The DFA shall take
necessary measures for the efficient implementation of the Machine-Readable Passports to
protect the integrity of Philippine passports, visas and other travel documents to reduce the
incidence of trafficking through the use of fraudulent identification documents. It shall
establish and implement a pre-marriage, on-site and pre departure counseling program on
intermarriages.
b. Department of Social Welfare and Development (DSWD) – shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a system for accreditation among NGOs for purposes of
establishing centers and programs for intervention in various levels of the community.
c. Department of Labor and Employment (DOLE) – shall ensure the strict implementation and
compliance with the rules and guidelines relative to the employment of persons locally and
overseas. It shall likewise monitor, document and report cases of trafficking in persons
involving employers and labor recruiters.
d. Department of Justice (DOJ) – shall ensure the prosecution of persons accused of trafficking
and designate and train special prosecutors who shall handle and prosecute cases of
trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons, in
coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and
volunteer groups.
e. National Commission on the Role of Filipino Women (NCRFW) – shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of trafficking in
persons in coordination with relevant government agencies. It shall likewise advocate for the
inclusion of the issue of trafficking in persons in both its local and international advocacy for
women’s issues.
f. Bureau of Immigration (BI) – shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers both
at the place of arrival and departure and shall ensure compliance by the Filipino
fiancés/fiancées and spouses of foreign nationals with the guidance and counselling
requirement as provided for in this Act.
g. Philippine National Police (PNP) – shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in
trafficking. It shall closely coordinate with various law enforcement agencies to secure
concerted efforts for effective investigation and apprehension of suspected traffickers. It shall
also establish a system to receive complaints and calls to assist trafficked persons and
conduct rescue operations.
h. Philippine Overseas Employment Administration (POEA) – shall implement effective pre-
employment orientation seminars and pre-departure counseling programs to applicants for
overseas employment. It shall likewise formulate a system of providing free legal assistance to
trafficked persons.
i. Department of the Interior and Local Government (DILG) – shall institute a systematic
information and prevention campaign and likewise maintain a databank for the effective
monitoring, documentation and prosecution of cases on trafficking in persons.
j. Local government units (LGUs) – shall monitor and document cases of trafficking in persons in
their areas of jurisdiction, effect the cancellation of licenses of establishments which violate

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

the provisions of this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons through the establishment
of the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces
in coordination with DILG, Philippine Information Agency (PIA), Commission on Filipinos
Overseas (CFO), NGOs and other concerned agencies. They shall encourage and support
community-based initiatives which address trafficking in persons.

SEC. 5. of R.A. 10364. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-A. Attempted Trafficking in Persons. – Where 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, such overt acts shall be
deemed as an attempt to commit an act of trafficking in persons. As such, an attempt to commit any
of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking in persons. “In
cases where the victim is a child, any of the following acts shall als 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 therefor and without the required clearance or permit from the
Department of Social Welfare and Development, or a written permit or justification 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 the child; and
e. “Soliciting a child and acquiring the custody thereof 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.”
“SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execution of the
offense by
previous or simultaneous acts defined in this Act shall be punished in accordance with the provisions of
Section 10(c) of this Act.”

SEC. 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime, and without
having participated therein, either as principal or as accomplices, take part in its commission in any of
the following manners:
a. “By profiting themselves or assisting the offender to profit by the effects of the crime;
b. “By concealing or destroying the body of the crime or effects or instruments thereof, in
order to prevent its discovery;
c. “By 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.

R.A. 10175 – “Cybercrime Prevention Act of 2012″


R.A. 9995"- “Anti-Photo and Video Voyeurism Act of 2009"
R.A. 9775 -"Anti-Child Pornography Act of 2009."
R.A. 9372 – “Human Security Act of 2007”
R.A. 9208 – Anti –Trafficking in Person’s Act of 2003
R.A. 9262 - "Anti-Violence against Women and Their Children Act of 2004".
R.A. 9194 –An act amending R.A. 9160
R.A. 9165 -"Comprehensive Dangerous Drugs Act of 2002"
R.A. 9160 - “Anti-Money Laundering Act of 2001"
R.A. 8042 - "Migrant Workers and Overseas Filipinos Act of 1995
R.A. 8293 - "Intellectual Property Code of the Philippines"
E.O. 62 - Creating the Philippine center on transnational crime to formulate and implement a
concerted program of action of all law enforcement, intelligence and control of transnational crime.

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

R.A. 9160

The anti-money laundering act of 2001, as amended


by R.A. 9194
Salient Features

1. Criminalizes money laundering


2. Creates a financial intelligence unit or implementing
agency.
3. Imposes requirements for customer identification,
record keeping and reporting of covered and
suspicious transactions.
4. Relaxes strict bank deposits secrecy laws.
5. Provides for freezing, seizure, forfeiture, recovery of
dirty money or property.
6. Provides for international cooperation.

Punishable Acts under the AMLA

1. Money laundering proper


2. Facilitation
3. Failure to report
4. Failure to keep records
5. Malicious reporting
6. Breach of confidentiality

ORGANIZATIONS CREATED TO COMBAT TRANSNATIONAL


CRIME

Executive Order No.100, dated 7 May 1999


-"Strengthening the Operational, Administrative and Information Support System of the PCTC" - This
Executive Order sought to strengthen the operational, administrative and information support system
and capacity of PCTC by placing the following agencies/offices/instrumentalities of under the general
supervision and control of the Center:
a. Loop Center of the NACAHT; (national action committee on anti-hijacking and anti-terrorism)
b. INTERPOL NCB-Manila;
c. Police Attaches of the PNP; and
d. Political Attaches/Counselors for Security Matters of the DILG.

The Philippine Center on Transnational Crime (PCTC), which houses INTERPOL Manila, is the
national law enforcement agency which carries investigations beyond the borders of the
Philippines. Its priority crime areas include:
 Illicit trafficking of narcotic drugs and psychotropic substances;
 Money laundering;
 Terrorism;
 Arms smuggling;
 Trafficking in persons;
 Piracy;
 Any crime which impacts the stability and security of the Philippines.

The PCTC coordinates all transnational crime operations carried out by other government agencies of
the Philippines. It designs new projects to strengthen the country’s combined response and ensures the
efficient exchange of information. The PCTC recommends ways to better prevent transnational crime
and to detect and apprehend criminals operating across borders. A central database of national and
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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

international legislation underpins these recommendations. Activities are reinforced through training
programs delivered in cooperation with national government agencies, other countries and
international organizations.

The PCTC is assisted by the Philippine’s 22 national law enforcement agencies:

Philippine’s 22 national law enforcement agencies


 Philippine National Police;  Department of Tourism;
 National Bureau of Investigation;  Philippine Center on Transnational Crime;
 Department of Justice;  Philippine Drug Enforcement Agency;
 Anti-Money Laundering Council;  Optical Media Board;
 Bangko Sentral ng Pilipinas (Philippine  Philippine Coast Guard
Central Bank);  Philippine Overseas Employment
 Bureau of Customs; Administration;
 Bureau of Immigration;  Philippine Ports Authority;
 Bureau of Internal Revenue;  Philippine Postal Corporation;
 Dangerous Drugs Board;  Presidential Anti-Organized Crime
 Department of Finance; Commission;
 Department of Foreign Affairs;  Securities and Exchange Commission;
 Office for Transportation Security.

IMPLEMENTING RULES AND REGULATIONS OF RA NO.10591, OTHERWISE KNOWN AS


THE “COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT”

WHEREAS, Republic Act No.10591, otherwise known as “THE COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF”, was signed into law by the
President of the Philippines on May 29, 2013;

WHEREAS, the Chief of the Philippine National Police is mandated by law to formulate the necessary
rules and regulations for the effective implementation of the comprehensive law regulating ownership,
possession, carrying, manufacture, dealing in and importation of firearms, ammunition or parts and
providing stiffer penalties for violations thereof;

WHEREAS, Article VI, Section 44 of Republic Act No. 10591 mandated that, after public hearings and
consultation with concerned sectors of the society, said Implementing Rules and Regulations (IRR) shall
be implemented; and

NOW THEN, the Chief of the Philippine National Police, pursuant to the said mandate of the law, and
after due public hearings and consultations, hereby promulgates the following Implementing Rules
and Regulations in order to carry out the provisions of the said Act:

RULE I

GENERAL PROVISIONS

Section 1. Short Title

These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No.
10591, otherwise known as “Comprehensive Firearms and Ammunition Regulation Act”.

Section 2. Declaration of State Policy

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These rules shall be interpreted in the light of Article 1, Section 2 of Republic Act No. 10591, which
stipulates that:

“It is the policy of the State to maintain peace and order and protect the people from violence. The
State also recognizes the right of its qualified citizens to self-defense through, when it is the reasonable
means to repel unlawful aggression under the circumstances, the use of firearms. Towards this end, the
State shall provide for a comprehensive law regulating ownership, possession, carrying, manufacture,
dealing in and importation of firearms, ammunition or parts thereof, in order to provide legal support to
law enforcement agencies in their campaign against crime, stop the proliferation of illegal firearms or
weapons and the illegal manufacture of firearms or weapons, ammunition and parts thereof.”

Section 3. Definition of Terms

For purposes of this IRR, the following terms or words and phrases shall mean or be understood as
defined herein:

3.1 Accessories – refer to parts of a firearm which may enhance or increase the operational efficiency
or accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as,
but not limited to, laser scope, telescopic sight and sound suppressor or silencer;

3.2 Ammunition – refers to a complete unfired unit consisting of a bullet, gunpowder, cartridge case
and primer or loaded shell for use in any firearm;

3.2.1 Bullet – The projectile propelled through the barrel of a firearm by means of the expansive force
of gases coming from burning gunpowder;

3.2.2 Cartridge Case – A container, usually metal and cylindrical in shape, to be loaded with a primer,
powder charge and bullet. After loading, it becomes a complete cartridge, of which the case is but
one element. It is commonly made of brass, although some modern cartridge cases are made of
steel, aluminum, or other materials;

3.2.3 Gun Powder – refers to any explosive powder used to propel projectiles intended for firearms; and

3.2.4 Primer – also called an “igniter”, refers to a device used for the purpose of setting fire to ignite the
gun powder.

3.3 Antique Firearm – refers to any: (1) firearm which was manufactured at least seventy-five (75) years
prior to the current date but not including replicas; (2) firearm which is certified by the National
Museum of the Philippines to be curio or relic of museum interest; and (3) any other firearm which
derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of
its association with some historical figure, period or event;

3.4 Arms Smuggling – refers to the import, export, acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and ammunition, from or across the territory of one country to
that of another country which has not been authorized in accordance with domestic law in either or
both country/countries;

3.5 Assembling of Firearms – refers to the fitting together of legally acquired parts or spare parts of
firearms to create a complete firearm;

3.6 Authority to Import – refers to a document issued by the Chief of the Philippine National Police
(Chief, PNP) authorizing the importation of firearms, or their parts, ammunition and other components;

3.7 Authority to Export – refers to a document issued by the Chief, PNP authorizing the exportation of
firearms, or their parts, ammunition and other components;

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

3.8 Authorized Bonded Firearm Custodian – refers to the employee of the juridical entity who is
covered by bond to be accountable for the registered firearms under the name of the juridical entity;

3.9 Authorized Dealer – refers to any person, legal entity, corporation, partnership or business entity
duly licensed by the Firearms and Explosives Office (FEO) to engage in the business of buying and
selling ammunition, firearms or parts thereof, at wholesale or retail basis;

3.10 Authorized Importer – refers to any person, legal entity, corporation, partnership or business duly
licensed by the FEO to engage in the business of importing ammunition and firearms, or parts thereof
into the territory of the Republic of the Philippines for purposes of sale or distribution under the
provisions of this IRR;

3.11 Authorized Manufacturer – refers to any person, legal entity, corporation, or partnership duly
licensed by the FEO to engage in the business of manufacturing firearms and ammunition, or parts
thereof for purposes of sale or distribution;

3.12 Bolt Action – refers to a type of firearm action in which the weapon’s bolt is operated manually by
the opening and closing of the breech;

3.13 Bond – refers to the cash or surety intended as a security and as a commitment to comply with all
the existing laws and regulations of this IRR as determined by the PNP through the FEO, by a licensed
citizen, a licensed juridical entity, licensed dealers, manufacturers or gunsmiths;

3.13.1 Authorized Firearm Custodian Bond – refers to the bond issued to an authorized firearm
custodian as a security and as a commitment to comply with all the existing laws and regulations as
defined in this IRR;

3.13.2 Firearm Bond – refers to the bond duly issued by an authorized insurance company as part of
the registration of firearms to a licensed citizen or a licensed juridical entity;

3.13.3 Surety Bond – refers to the bond duly issued by an authorized Surety Company to firearm dealer,
manufacturer or gunsmith.

3.14 Company Guard Force – refers to a security force maintained and operated by any private
company/corporation utilizing its authorized employees to watch, secure or guard its business
establishment premises, compound or properties;

3.15 Confiscated Firearm – refers to a firearm that is taken into custody by the PNP, National Bureau of
Investigation (NBI), Philippine Drug Enforcement Agency (PDEA) and all other law enforcement
agencies by reason of their mandate and must be necessarily reported or turned over to the FEO;

3.16 Conversion – refers to an act of assembling and combining parts of firearms designed and
intended for use in converting a firearm action/mode and/or from one caliber to another;

3.17 Conversion kit – refers to firearm parts used to enhance the operational capability of a firearm
from semi-automatic burst to fully automatic mode and/or burst and vice versa;

3.18 CSG – refers to the Civil Security Group of the Philippine National Police.

3.19 Demilitarized firearm – refers to a firearm deliberately made incapable of performing its main
purpose of firing a projectile;

3.20 Duty Detail Order – refers to a document issued to a person by the juridical entity or employer
wherein the details of the disposition of firearm is spelled-out, thus indicating the name of the
employee, the firearm information, the specific duration and location of posting or assignment and

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

the authorized bonded firearm custodian for the juridical entity to whom such firearm is turned over
after the lapse of the order;

3.21 FEO – refers to the Firearms and Explosives Office of the Philippine National Police;

3.22 Firearm – refers to any handheld or portable weapon, whether a small arm or light weapon, that
expels or is designed to expel a bullet, shot, slug, missile or any projectile which is discharged by means
of expansive force of gases from burning gunpowder or other form of combustion or any similar
instrument or implement. For purposes of the law, the barrel, frame or receiver is considered a firearm;

3.23 FEO Classification Board (FCB) – refers to the FEO classification body with a regulatory role to
classify firearms, ammunition, explosives, explosives ingredients and other regulated items prior to sale,
distribution and/or exhibition to ensure that such items conform to existing laws and regulations.

3.24 FEO License Revocation and Restoration Board (FLRRB) – refers to the FEO board with a regulatory
function to study, review, validate and recommend the correction, deletion, revocation, cancellation,
suspension or restoration of all issued licenses, registrations and permits relative to firearms and
explosives through a Resolution.

3.25 Firearms Information Management System (FIMS) – refers to a computerized system that
establishes a database of the licensee and the registered firearms information and generates reports
which include the printing of license and certificate of registration and disposition;

3.26 Firearm Registration Card – refers to the card issued by the FEO as proof that the firearm is duly
registered and recorded at the FIMS of the FEO;

3.27 Forfeited Firearm – refers to a firearm that was forfeited by reason of court order as accessory
penalty or for the disposition of firearms considered as abandoned, surrendered, confiscated or
revoked in compliance with existing rules and regulations by the FEO;

3.28 Full Automatic or Fully Automatic – refers to the firing mode and action of a firearm in which
discharge of the entire magazine load with a single pull of its trigger is continuous until the triggering
device is disengaged;

3.29 Government Guard Unit – a security unit whose members have permanent plantilla positions in the
government, maintained and operated by any government entity other than military or police, which
is established and maintained for the purpose of securing the office or compound and/or extension of
such government entity;

3.30 Gun Club – refers to an organization with at least fifteen (15) licensed citizens as members, duly
registered with and authorized by the FEO which is established for the purpose of propagating gun
safety and responsible gun ownership, proper appreciation and use of firearms by its members, for the
purpose of sports and shooting competition, self-defence and collection purposes;

3.31 Gun Collector – refers to a licensed citizen who collects registered firearms;

3.32 Gunsmith – refers to any person, legal entity, corporation, partnership or business duly licensed by
the FEO to engage in the business of repairing firearms and other weapons, or constructing or
assembling firearms and weapons from finished or manufactured parts thereof on a per order basis
and not in commercial quantities, or of making minor parts for the purpose of repairing or assembling
said firearms or weapons;

3.33 Imminent Threat – refers to an indication of something impending and usually undesirable or
unpleasant which may inflict evil, injury or damage to another, usually as retribution or punishment for
something done or left undone. It is a manifestation of an intention to inflict loss or harm upon another

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

by illegal means and especially by involving coercion, duress or use of force over a person or his/her
welfare;

3.34 Imitation Firearm – refers to a replica of a firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a reasonable person to believe
that such imitation firearm is a real firearm;

3.35 Indentor – refers to an individual or entity with an exclusive contract to facilitate the procurement
of firearms, ammunition, spare parts and/or accessories in behalf of the AFP/PNP, law enforcement
agency and/or other government agencies;

3.36 Indent License to Deal or Indentor’s License – refers to a written authority granted by the Chief,
PNP through the Chief, FEO to an indentor, indicating therein the number, types of firearms,
ammunition, spare parts and accessories to be purchased.

3.37 Integrated Firearms Identification System (IFIS) – refers to a computerized firearms identification
system used to capture and store into the database unique identifying characteristics of bullets and
cartridge cases for forensic comparison and identification of a particular firearm;

3.38 Legal Disability – refers to a condition of a person who lacks the legal qualification or capacity,
such as that of a minor or a mentally impaired person;

3.39 Letter Order (LO) or Mission Order (MO) – refers to a written directive or order issued by authorized
Head of Law Enforcement Agencies (LEAs) to government employee/s with regular plantilla position
under his/her supervision and control. Such order shall indicate the purpose of the mission, name of the
employee, the firearm information, the specific duration and the place or places within the jurisdiction
of the issuing authority allowing the bearer thereof to carry his/her government-issued firearm within
their jurisdiction and shall be strictly limited to the law enforcement mandate of the agency
concerned.

3.40 Licensed Antique Firearm Collector – refers to any individual or entity duly licensed by the Chief,
FEO on behalf of the Chief, PNP who legally acquires, owns, possesses, or disposes of antique firearms
as defined in this IRR;

3.41 Licensed Citizen – refers to any Filipino duly issued with a license to own and possess or carry
firearms outside of the residence in accordance with this IRR;

3.42 License to Deal (LTD) – refers to the license granted by the Chief, PNP to a qualified dealer to
engage in the business of buying and selling ammunition, firearms or parts thereof, at wholesale or
retail basis;

3.43 Licensed Juridical Entity – refers to corporations, organizations, businesses including security
agencies and Local Government Units (LGUs) which are licensed to own and possess firearms in
accordance with this IRR;

3.44 License to Manufacture (LTM) – refers to the license granted by the Secretary of the Department
of Interior and Local Government (DILG) to a qualified manufacturer to engage in the business of
manufacturing firearms, and ammunition or parts thereof for purposes of sale or distribution;

3.45 License to Own and Possess Firearms (LTOPF) – refers to a written authority granted by the Chief,
PNP through the Chief, FEO to a qualified individual for him/her to own and possess a firearm in
accordance with this IRR;

3.46 Licensed Sports Shooter – refers to a licensed citizen who actively participates in sports shooting
competition;

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

3.47 Light Weapons are: Class-A Light weapons which refer to self-loading pistols, rifles, carbines,
submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and Class-B Light weapons which refer to weapons designed for use by two (2) or
more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as heavy
machine guns, handheld under barrel and mounted grenade launchers, portable anti-aircraft guns,
portable anti-tank missile and rocket systems, portable launchers of anti-aircraft missile systems, and
mortars of a caliber of less than 100MM;

3.48 Long Certificate of Registration (LCR) – refers to a regular license to own and possess firearms
issued to government agencies or offices or Government-Owned or Controlled Corporations;

3.49 Long Regular Registration (LRR) – refers to a regular license to own and possess firearms issued to
private firms, establishments, corporations or private security agencies.

3.50 Loose Firearm – refers to an unregistered firearm, an obliterated or altered firearm, firearm which
has been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an
individual other than the licensee and those with revoked licenses in accordance with the rules and
regulations;

3.51 Major Parts or Components of a Firearm – refer to the barrel, slide, frame, receiver, cylinder or the
bolt assembly. The term also includes any part or kit designed and intended for use in converting a
semi-automatic burst to a full automatic firearm;

3.52 Mill Run Parts – refer to semi-finished materials oftentimes called castings or forgings, or blank and
cup with a partly rough shape and still needs machining work by mills, lathes or press machines to
refine and give the desired final product as firearm parts or ammunition components;

3.53 Minor Parts of a Firearm – refer to the parts of the firearm other than the major parts which are
necessary to effect and complete the action of expelling a projectile by way of combustion, except
those classified as accessories;

3.54 Permit to Carry Firearm Outside of Residence (PTCFOR) – refers to a written authority issued to a
licensed citizen by the Chief, PNP which entitles such person to carry his/her registered or lawfully
issued firearm outside of the residence for the duration and purpose specified in the authority;

3.55 Permit to Transport (PTT) Firearm – refers to a written authority issued to a licensed citizen or a
licensed juridical entity by the Chief, PNP through the Chief, FEO or by the PNP Regional Director (RD)
which entitles such person or entity to transport particular firearm/s from and to a specific location,
within the duration and purpose in the authority;

3.56 Private Individual – refers to licensed citizen and licensed juridical entity as used in Section 10 of
this IRR.

3.57 Residence of the Licensee – refers to the place or places of abode of the licensed citizen as
indicated in his/her license;

3.58 Residence of the Firearm/s – refers to the location where the firearm/s shall be kept and as
indicated in the firearm registration card;

3.59 Serviceable Firearm – refers to the condition in which a firearm can still be used for its purpose;

3.60 Shooting Range – refers to a facility established for the purpose of firearms training and skills
development, firearm testing, as well as for sports and shooting competition either for the exclusive use
of its members or open to the general public, duly registered with and accredited in good standing by
the FEO;

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

3.61 Short Certificate of Registration (SCR) – refers to a certificate granted by the FEO for a government
official or employee with regular plantilla position who was issued a government-owned firearm
covered by the Long Certificate of Registration (LCR);

3.62 Small Arms – refer to firearms intended to be primarily designed for individual use or that which is
generally considered to mean a weapon intended to be fired from the hand or shoulder, which are
not capable of fully automatic bursts of discharge, such as:

3.62.1 Handgun is a firearm intended to be fired from the hand, which includes:

a) Pistol – is a hand-operated firearm having a chamber integral with or permanently aligned with the
bore which may be self-loading; and

b) Revolver – is a hand-operated firearm with a revolving cylinder containing chambers for individual
cartridges.

3.62.2 Rifle – is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet
through a rifled barrel by different actions of loading, which may be classified as lever, bolt, or self-
loading; and

3.62.3 Shotgun – is a firearm designed, made and intended to fire a number of ball shots or a single
projectile through a smooth bore by the action or energy from burning gunpowder.

3.63 SOSIA – refers to the Supervisory Office for Security and Investigation Agencies of the Philippine
National Police;

3.64 Sports Shooting Competition – refers to a defensive, precision or practical firearm shooting
tournament duly authorized by the FEO;

3.65 Tampered, Obliterated or Altered Firearm – refers to any firearm whose serial number or other
identification or ballistic characteristics have been intentionally tampered with, obliterated or altered
without authority or in order to conceal its source, identity or ownership;

3.66 Thermal Weapon Sight – refers to a battery operated, uncooled thermal imaging device which
amplifies available thermal signatures so that the viewed scene becomes clear to the operator which
is used to locate and engage targets during daylight and from low light to total darkness and
operates in adverse conditions such as light rain, light snow, and dry smoke or in conjunction with other
optical and red dot sights; and

3.67 Unserviceable Firearm – refers to a firearm which is beyond economic repair and can no longer
be used for its purpose;

RULE II

OWNERSHIP AND POSSESSION OF FIREARMS

Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess
Firearms

4.1 In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition,
the applicant must be: a) a Filipino citizen; b) at least twenty-one (21) years old at the time of the filing
of his/her written application to own and possess a firearm or firearms; (c) has gainful work,
occupation, or business or has filed an Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

4.2 For purposes of this IRR, a Filipino citizen shall refer to those who are mentioned in Section 1, Article
IV of the 1987 Constitution. Those who are considered with “dual citizenship” pursuant to RA No. 9225,
otherwise known as “Citizenship Retention and Reacquisition Act of 2003”, may also enjoy the privilege
granted herein provided that they comply with all the standards and requisites set forth therein.

4.3 An individual who is physically challenged may be allowed to own and possess firearm/s provided
that he/she can safely, efficiently and effectively operate and use said firearm.

4.4 The written application to own and possess firearm/s shall be filed at the FEO, in three (3) legible
copies duly notarized, and must be accompanied by the original copy of the following requirements:

a) Clearances issued by the Regional Trial Court (RTC) and Municipal/Metropolitan Trial Court (MTC)
that has jurisdiction over the place where the applicant resides and/or the Sandiganbayan as the
case may be, showing that he/she has not been convicted by final judgment of a crime involving
moral turpitude or that he/she has not been convicted or is currently an accused in any pending
criminal case before any court of law for a crime that is punishable with a penalty of more than two
(2) years;

b) Neuro-psychiatric clearance issued by the PNP Health Service and its accredited psychologist or
psychiatrist;

c) A certification that the applicant has passed the drug test conducted by PNP Crime Laboratory or
any accredited and authorized drug testing laboratory or clinic.

d) A certification that the applicant has passed a gun safety and responsible gun ownership seminar
which is administered by the PNP or a registered and authorized gun club;

e) National Police Clearance;

f) NSO Birth Certificate;

g) Proof of Latest Billing;

h) At least two valid IDs (one Government issued ID);

i) Income Tax Return (ITR), Certificate of Employment, Business permit or any appropriate document as
proof of income; j) For Government Employee (Copy of Appointment Order, Oath of Office);

k) For Military Reservists (J9 Clearance);

l) For Overseas Filipino Worker (OFW) (Certificate of Employment); and

m) Retired Government Employee (Retirement Order or appropriate document).

4.5 The payment for the License to Own and Possess Firearm shall be done after the approval of the
application. The Order of Payment (OP) shall be issued by the FEO and the actual payment shall be
made by the applicant to Land Bank of the Philippines or any government bank.

4.6 The subsequent acquittal of the applicant whose application was previously denied or was not
given due course by reason of the pending criminal case or the permanent dismissal thereof is a
ground for the re-filing of the application.

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

4.7 A licensed citizen who has at least sixteen (16) firearms upon the effectivity of this IRR shall be
automatically certified as a gun collector and shall secure a Type 5 License to Own and Possess
Firearms.

4.8 A qualified applicant shall submit the following requirements to be a certified gun collector to the
FEO:

a) A copy of the License to Own and Possess Firearms (Type 3 and Type 4); and

b) Certification of updated Firearm Registration.

4.9 A qualified applicant citizen shall submit the following requirements to apply as antique firearm
collector:

a) A copy of the License to Own and Possess Firearms; and

b) Certification from the National Museum that the firearm is antique (as the case may be).

4.10 A qualified applicant shall submit the following requirements to apply as a sports shooter:

a) A copy of the License to Own and Possess Firearms;

b) Certification from the President of a recognized Gun Club or Sports Shooting Association; and

c) Written Authority or Consent from Parents/Guardian (for minors).

4.11 The Duty Detail Order (DDO) shall be signed by the authorized firearm bonded custodian and the
operations officer that authorizes the company guard force and/or security guard/s with License to
Exercise Security Profession (LESP) issued by SOSIA to possess and use a firearm registered to and
owned by his/her employer in line with or in the performance of his/her assigned task/duty.

4.12 The Duty Detail Order (DDO) of LGU shall be signed by the Local Chief Executive, Chief of
Police/Provincial Director and authorized bonded firearm custodians, that authorizes the following to
possess and use firearm/s registered to and owned by LGU in line with or in the performance of his/her
assigned task/duty:

a) Security officer with Civil Service Commission (CSC)-approved plantilla position assigned in the
supervision of the security personnel of the LGU;

b) Security officer with CSC-approved plantilla position assigned in the supervision and security of
facilities owned by LGU;

c) Security officer with CSC-approved plantilla position in charge with the security of the Local Chief
Executive; and

d) Security officer with CSC-approved plantilla position assigned to secure the financial resources of
the LGU.

Section 5. Ownership of Firearms and Ammunition by a Juridical Entity

5.1 For purposes of this IRR, a juridical entity shall refer to the following: a) corporations, organizations,
businesses duly registered with the Securities and Exchange Commission (SEC); b) a single
proprietorship and/or partnership duly registered with the Department of Trade and Industry (DTI); c)

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

cooperatives duly registered with the Cooperative Development Authority (CDA), and d) Local
Government Units (LGUs).

5.2 A juridical entity such as private security agencies or corporations, organizations, businesses
operating and maintaining its own security force or company guard force, respectively, whether as its
main business or an adjunct thereof, may be issued a Long Regular Registration (LRR) to own and
possess firearm/s and ammunition upon showing that it possesses the following qualifications:

a) It must be Filipino-owned,

b) It is current, operational and a continuing concern;

c) It has completed and submitted all its reportorial requirements to the SEC/DTI/CDA;

d) It has paid all its income taxes for the previous year, as duly certified/stamp received by the BIR;
and

e) It has a valid License to Operate (LTO) issued by Director, CSG through SOSIA.

5.3 The application shall be filed at the FEO in three (3) legible copies duly notarized and must be
accompanied with the following requirements:

5.3.1 Private Firm/Business/Corporation/ Sole Proprietorship/Partnership/Cooperative;

a) SEC/DTI/CDA Registration;

b) Income Tax Return (ITR);

c) Firearms Record Verification (FRV) issued by FEO;

d) License to Operate issued by the Director, CSG through SOSIA;

e) Insurance/Surety Bond/Cash Bond; and

f) Company Profile.

5.3.2 Private Security Agency

a) SEC/DTI/CDA Registration;

b) Company Profile/Income Statement (Certified by a CPA);

c) License to Operate issued by the Director, CSG through SOSIA;

d) Firearms Record Verification (FRV) ; and

e) Insurance/Surety Bond/Cash Bond.

5.4 For the Long Regular Registration (LRR), forms shall be accomplished in the name of the private
firm, establishment or corporation, including Private Security Agencies (PSAs), which shall be
represented by its president or owner or, in case the latter is not available, by any of the following: vice
president, treasurer or corporate secretary.

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The representative of the juridical entity shall submit a copy of the board resolution stating that he/she
has been authorized for such purpose and the adoption of which shall be duly certified by the
corporate secretary. The officer representing the juridical entity must possess the standard
requirements mentioned in paragraphs 4.1 and 4.4 above.

5.5 In case of the Local Government Units (LGUs), the Local Chief Executive (Governor or Mayor) and
Head of Office of GOCCs, respectively, shall represent the office concerned in the application of the
Long Certificate of Registration (LCR).

5.5.1 Firearms of the LGUs and GOCCs shall be under the name of the concerned office and/or its
authorized bonded firearm custodian; and

5.5.2 Registered firearms of the LGUs and GOCCs covered by LCR shall only be issued to a
government official or employee with a permanent plantilla position through the Short Certificate of
Registration (SCR) issued by the FEO. The officer representing the LGU or GOCC must possess the
standard requirements mentioned in paragraphs 4.1 and 4.4 above.

5.6 LGU or GOCC maintaining its own Government Guard Units (GGUs) shall submit the following
requirements to the FEO for the issuance of a Long Certificate of Registration (LCR) to own and possess
firearm/s and ammunition:

a) Application forms in three (3) legible and notarized copies;

b) Certification for the Availability of Funds from the respective Head of Accounting Office;

c) Recommendation from the Peace and Order Council for the Sanggunian to issue a Resolution
authorizing the LGU to procure firearms and ammunition and to allocate funds in the annual budget,
for the renewal of the corresponding license and registration thereof;

d) Inventory of firearms certified by the authorized bonded firearms custodian;

e) Approved Purchase Order; and

f) Bond certificate of the authorized bonded firearms custodian.

Section 6. Ownership of Firearms by the National Government

6.1 Departments, bureaus, offices or agencies of the national government, including state universities
and colleges which possess and maintain firearms in their respective inventories at the time of the
effectivity of this IRR, shall register their respective firearms with the FEO. The registration shall be made
in the name of the government agency or instrumentality of the Republic of the Philippines. Such
registration shall be exempted from all duties and taxes that may otherwise be levied on authorized
owners of firearms.

6.2 For reason of national security, firearms of the Armed Forces of the Philippines (AFP), the Philippine
Coast Guard (PCG), the National Bureau of Investigation (NBI), the Philippine Drug Enforcement
Agency (PDEA) and other Law Enforcement Agencies (LEAs) shall be reported only to the FEO with the
following data: a) make, type, caliber and serial number of the firearms; b) date of acquisition; and
(c) status of the firearm whether serviceable or non-serviceable.

6.3 The head of the department, bureau, office or the property custodian shall submit a report
showing the following data: a) make, type, caliber and serial number of the firearms; b) date of
acquisition; (c) status of the firearm whether serviceable or non-serviceable; and (d) the name of the
property custodian.

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6.4 Procurement of firearms by Law Enforcement Agencies shall undergo mandatory ballistics testing
and registration for record purposes.

6.5 Firearms in possession of the national government agencies including Law Enforcement Agencies
(LEAs) shall be reported to the FEO annually.

6.6 Firearms intended to be transferred through donation from local or foreign government units and
other entities must be registered at the FEO.

Section 7. Carrying of Firearms Outside of Residence or Place of Business

7.1 A permit to carry firearms outside of residence or place of business shall be issued by the Chief, PNP
or his/her duly authorized representative to the licensed citizen allowing him/her to carry the firearm
outside the residence or place of business.

7.2 A licensed citizen whose life is under actual threat or imminent danger may apply for the issuance
of a PTCFOR. The written application made under oath and duly notarized shall be filed together with
the threat assessment certificate issued by the PNP.

7.3 For purposes of this Act, the following professionals are considered to be in imminent danger due
to the nature of their profession, occupation or business and hence are not required to submit threat
assessment certificates:

a) Members of the Philippine Bar;

b) Certified Public Accountants;

c) Accredited media practitioners from recognized media institutions; Cashiers and bank tellers;

d) Priests, Ministers, Rabbi, Imams;

e) Physicians and nurses; and

f) Businessmen, who by the nature of their business or undertaking duly recognized or regulated by
law, are exposed to high risk of being targets of criminal elements.

7.4 Licensed sports shooter may apply for PTCFOR that will cover three (3) firearms at one time
inclusive of the allowed quantity of ammunition mentioned in Section 12.

7.5 The PTCFOR shall serve as a waiver on the part of the licensed citizen for concerned law
enforcement agents to inspect and verify the firearm/s covered by the said PTCFOR when carried
outside of residence.

7.6 Special Permit to Carry Firearms Outside of Residence shall be granted by the Chief, PNP through
PTCFOR-Secretariat to government employees who will use their privately owned and registered small
arms for a specific law enforcement purpose.

7.7 Special Permit to Carry Firearms Outside of Residence shall be granted by the Chief, PNP through
the Chief, FEO to individuals who are part of peace process negotiation other than members of the
government peace negotiating panel.

7.8 Members of the PNP, AFP and other Law Enforcement Agencies (LEAs) may carry their licensed
privately-owned firearms, in furtherance of their official duties and functions, subject to the following
conditions:

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

a) With License to Own and Possess Firearms (LTOPF) and Firearm Registration Card;

b) With valid PTCFOR; and

c) With valid LO/MO.

7.9 Members of the PNP, AFP and other Law Enforcement Agencies must apply for a PTCFOR-LEA, in
order to be authorized to carry the corresponding government-issued firearm outside of residence:

a) The Police Regional Director or his equivalent in the AFP and other law enforcement agencies, shall
endorse to the Chief, PNP all application for PTCFOR-LEA;

b) The application must be accompanied by the latest appointment order of the personnel applying
for PTCFOR-LEA and a certificate of non-pending case duly issued for the purpose;

c) The PTCFOR-LEA shall be issued only by the Chief, PNP through PTCFOR-Secretariat and shall be
valid only for one (1) year;

d) The fees to be charged in the filling of application for PTCFOR-LEA shall only be in such minimal
amount corresponding to the actual administrative cost necessary for the issuance of the permit, as
may be determined by the PNP; and

e) The PTCFOR-LEA should always be accompanied by the corresponding Memorandum


Receipt/Acknowledgment Receipt of Equipment (MR/ARE);

7.10 Letter Order/Mission Order (LO/MO) shall be issued by the authorized Head of Office. The scope
of the LO/MO shall only be within the jurisdiction of the issuing Authority.

7.11 The following guidelines regarding the manner of carrying firearms shall be observed:

7.11.1 For Members of the PNP, AFP and other LEAs;

a) When carried while in agency-prescribed uniform, firearms shall be placed in a holster securely
attached to the belt, except for military pilots in flying uniforms and crew of armored vehicles who
may carry their firearms in shoulder holster;

b) When the agency-prescribed uniform does not include holster, or for those authorized to carry
firearms outside of residence or of official station while in civilian attire, the firearms shall be concealed
unless actually used for legitimate purpose. Displaying a firearm, when not used for a legitimate
purpose, is prohibited; Violation of this provision shall be subject for immediate revocation of the
License to Own and Possess Firearms and Firearm Registration.

c) The practice of flagrantly displaying a firearm while in uniform or in civilian attire is prohibited; and

d) Only such firearms specially described in corresponding MR/ARE or LO/MO or PTCFOR LEA shall be
carried.

7.11.2 For All Other Persons: (including members of the PNP, AFP and other LEAs in civilian attire)

a) Display of firearms is prohibited. The firearms must always be concealed; Violation of this provision
shall be subject for immediate revocation of the License to Own and Possess Firearms and Firearm
Registration.

b) The firearm must be secured inside a vehicle or a motor cycle compartment.

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

7.12 The following other restriction shall likewise be observed:

a) PTCFOR-LEA is non-transferable;

b) The firearm shall not be brought inside places of worship, public drinking and amusement places
and all other commercial or public establishment.

c) The PTCFOR-LEA must be carried together with the valid MR/ARE, or MO/LO as the case may be.

d) Expired, revoked, cancelled, or nullified License to Own and Possess Firearm and firearm registration
will automatically invalidate the corresponding PTCFOR-LEA.

7.13 Authority to Issue Mission Order Involving the Carrying of Firearm

The following are authorized to issue mission orders with provisions which may entitle the bearer thereof
to carry his issued/licensed firearm and ammunition for the duration of such mission.

7.13.1 For officers, men and regular civilian agents of the Armed Forces of the Philippines (AFP)

a) The Chief of Staff, AFP;

b) Chiefs of the General/Special/technical and Personal Staffs;

c) Commanders of the AFP Major Services including the Chiefs of their respective
General/special/Technical and Personal Staffs;

d) Commanders and Chiefs of Staffs of AFPWSSUs and major commands/units of the AFP and the
Major Services;

e) Commanders of the battalions and higher units and their equivalent in the Philippine Air Force and
Philippine Navy

f) Commanders of AFP intelligence units from GHQ AFP down to regional command levels

g) Detachment commanders in remote areas whose higher commanders are not easily available to
issue such orders.

7.13.2 For members of the Philippine National Police (PNP):

a) Police Director General

b) Deputy Director General for Admin and Operation ;

c) The Chief Directorial Staff;

d) Directors, The Directorate Office;

e) Directors NSUs (NASU/NOSU);

f) Regional Directors;

g) District Directors of NCRPO; h) Inspector General of IAS; and i) Provincial Director/City Director.

7.13.3 For members of the National Bureau of Investigation:


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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

a) The Director;

b) The Deputy Director; and

c) Regional Directors.

7.13.4 For agents of the National Intelligence and Coordinating Authority (NICA):

a) The Director-General, NICA; and

b) The General Manager.

7.13.5 For members of Bureau of Jail Management and Penology:

a) The Director-General, BJMP; and

b) The Deputy Director; and

c) Regional Directors.

7.13.6 For Other Law Enforcement Agencies:

a) Department Head/Bureau Head; and

b) Head of Regional Offices.

7.14 In case of Permit to Transport (PTT), the magazine (loaded/unloaded) shall be carried separately
from the firearm except for law enforcement personnel with Letter Order/Mission Order (LO/MO) or
security personnel with Duty Detail Order (DDO).

RULE III

REGISTRATION AND LICENSING

Section 8. Authority to Issue License

8.1 The Chief, PNP through the FEO, after the processing of the written application, shall approve the
issuance of License to Own and Possess Firearms to qualified individuals and to cause the registration
of firearms in accordance with this IRR.

8.2 All government employees, retirees from the government service and military reservists shall have
50% discount on fees for License to Own and Possess Firearms and registration of firearms.

8.3 Senior Citizens, who are not active or retired government employees, shall have 20% discount on
fees for License to Own and Possess Firearms and registrations of firearms.

8.4 All government employees, retirees from the government service, military reservists or senior citizens
shall only pay the card fee for PTCFOR.

8.5 The seminar fee for Gun Safety and Responsible Gun Ownership shall be collected on separate
account by the PNP Finance Service and shall be made available for use of FEO and other PNP units
involved in Firearms Licensing Operations, subject to accounting and auditing rules and regulations.

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8.6 The FEO shall retain twenty percent (20%) of the total collections for firearms and explosives fees
and charges as FEO Regulatory Fund to fund the direct operating expenses of the FEO and other
regulatory activities. Other PNP offices/units involved in the processing of firearms and explosives fees
and charges shall submit the Estimates of Income and Revenue (EIR) from operations, together with
their Program of Expenditures to the Chief, PNP (Attn: Director for Comptrollership), which shall be the
basis for the control and utilization of the Trust Receipt. It is understood, however, that the
disbursement of the above is subject to accounting and auditing rules and regulations.

Section 9. Licenses Issued to Individuals

9.1 Subject to the requirements mentioned in paragraphs 4.1 and 4.4 of this IRR, which are inclusive
unless subsequently amended or modified, a qualified individual based on the findings and
recommendations of the FEO may be issued any of the licenses hereunder mentioned:

a) Type 1 license – allows a citizen to own and possess a maximum of two (2) registered firearms;

b) Type 2 license – allows a citizen to own and possess a maximum of five (5) registered firearms;

c) Type 3 license – allows a citizen to own and possess a maximum ten (10) registered firearms;

d) Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered firearms;
and

e) Type 5 license – allows a citizen, who is certified gun collector, to own and possess more than fifteen
(15) registered firearms.

9.2 Application for sports shooter’s license or antique firearm collector’s license may be done
simultaneously with the application for License to Own and Possess Firearms.

9.3 Application for gun collector’s license shall be done as pre-requisite for acquiring Type 5 License to
Own and Possess Firearms.

9.4 For Types 1 to 5 licenses, a vault or container secured by lock and key, or other security measures
appropriate under the premises imposed by the FEO, as a prerequisite for the approval of the license
or registration, shall be required.

9.5 For Type 5 license, the applicant must prove through appropriate documents or records the fact of
his/her being a certified gun collector.

9.6 For Types 3 to 5 licenses, the licensed citizen must comply with the inspection requirements of the
PNP. Failure on their part to comply with any of the requirements herein mentioned is a ground for the
cancellation of license and/or registration.

9.7 Private individuals who are licensed holders of Class-A light weapon must comply with the
provisions of paragraphs 9.4 and 9.6 of this section.

9.8 In case of upgrading the type of the License to Own and Possess Firearms, the following
requirements shall be complied and submitted to the FEO:

a) Certification from the FEO that the Licensee is clear of any Derogatory Records;

b) Previous License to Own and Possess Firearms;

c) Updated Registration of Firearms; and

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d) Inspection Report (for upgrading Type 3 to Type 5 License).

Section 10. Firearms That May Be Registered

10.1 Only small arms as defined in this IRR may be registered by licensed citizens or licensed juridical
entities for ownership, possession and concealed carry.

10.2 A light weapon as defined in this IRR shall be lawfully acquired or possessed exclusively by the
AFP, the PNP and other law enforcement agencies authorized for such purpose by the President or by
law that Congress may pass after the effectivity of this IRR.

10.3 Private individuals who are already licensed holders for Class-A light weapons as herein defined
upon the effectivity of this IRR shall not be deprived of the lawful possession thereof, provided that
they renew their licenses and firearm registration and they continue to possess the standard
requirements mentioned in paragraphs 4.1 and 4.4, in this IRR.

10.4 Conversion of a registered Class-A light weapon to small arm may be allowed upon the approval
of the Chief, PNP through the FEO. Conversion shall be done by the licensed gunsmith or authorized
manufacturer supervised by authorized representative of the FEO. The firearm parts that were
removed (which contribute to the full automatic characteristic/mode of the firearm) shall be turned-
over to the FEO for final disposition

10.5 Registered firearms or ammunition or major parts acquired or purchased by licensed citizen or
licensed juridical entity in accordance with these rules may be transferred or sold only to a licensed
citizen or licensed juridical entity with appropriate type of license. Provided, that private individuals
with existing registered Class “A” Light Weapon may transfer its registration to another private
individual with at least Type 3 License and has an existing registered Class “A” Light Weapon. Provided
further, that upon effectivity of this Implementing Rules and Regulations, no licensed individual may
register more than two (2) Class “A” Light Weapons except those licensed individuals referred to in
paragraph 10.3 of this IRR.

10.6 Failure to renew the registration of a Class-A light weapon or comply with the standards and
requirements for renewal purposes shall be a ground for the cancellation of the registration. In case of
revocation of license and cancellation of registration, the individual concerned shall surrender the
weapons herein mentioned to the nearest police station within thirty (30) days, except when there are
other justifying circumstances. Otherwise, he/she could be charged for violation of the law.

Section 11. Registration of Firearms

11.1 A Licensed citizen or a licensed juridical entity shall register his/her or its lawfully acquired firearm/s
with the FEO in accordance with the provisions of this IRR. Only upon compliance with all of the
requirements for purposes of registration, including the payment of the prescribed fees, shall a
registration card be issued for each of the firearms owned by the licensed citizen.

11.2 For registration purposes and unless amended or modified by the Chief, PNP, the prescribed
schedule of fees and charges shall be collected by the FEO.

11.2.1 Requirements for Registration of firearms (Newly Purchase):

a) License to Own/Possess Firearms (Type 1- 5);

b) Certificate of Ballistics Testing;

c) Firearm Bond; and

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d) Registration fees.

11.2.2 Requirements for Registration of firearms (Transfer):

a) License to Own/Possess Firearms (Type 1- 5);

b) Firearm Bond;

c) Deed of Sale/Donation (if subject for donation)

d) Certificate of Records of Ballistics Testing and Stencil; and

e) Registration Fees.

11.2.3 Requirements for Registration of firearms (Juridical):

a) Deed of Absolute Sale/Donation (if subject for donation);

b) Firearm Bond;

c) Authority to Purchase/Transfer issued by SOSIA;

d) For LGUs, inventory report of the firearms signed by the Head of Office and SAO/Property
Custodian;

e) LTO for PSAs, GGUs, CGFs; and

f) Certification from SEC or DTI or CDA, as the case maybe.

11.2.4 After the approval of the application, the Order of Payment (OP) shall be issued and the
corresponding fees shall be paid by the applicants at the Land Bank of the Philippines (LBP) or any
government bank.

11.3 A licensed citizen may apply for the acquisition of an extra barrel, frame or cylinder provided that
he/she will register it as a firearm with the registration fee of Php500.00 which is valid for four (4) years.

11.4 A licensed citizen may apply for the acquisition of an extra barrel, frame or cylinder as a
replacement provided that he/she will register it as a firearm with the registration fee of Php500.00
which is valid for four (4) years.

11.5 The FEO shall impose a firearm bond for each firearm registered under a licensed citizen.

11.6 In case of transfer of firearm/s owned by juridical entity, a written request shall be submitted by
the applicant to the Chief, PNP through the Chief, SOSIA who will in turn endorse said transfer to the
Chief, FEO for his approval.

Section 12. License to Possess Firearms Necessarily Includes Possession of Ammunition

12.1 The license to individual or juridical entity for the ownership and possession of registered firearms
necessarily includes the license to possess ammunition appropriate to the registered firearm which
shall not exceed fifty (50) rounds per firearm at any given time.

12.2 A licensed citizen shall secure first a sports shooter’s license before he/she be allowed to possess
ammunition more than the prescribed quantity. Only licensed sports shooter shall be allowed to

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possess ammunition of more than fifty (50) rounds but not more than one thousand (1000) rounds for
each of the registered firearm. However, in meritorious cases, a licensed sports shooter may request for
approval from the Chief, PNP through the FEO to carry more than the allowed quantity which is
subject to additional fees.

Section 13. Issuance of License to Manufacture and Deal in Firearms and Ammunition

13.1 Any person, natural or juridical, legal entity, corporation, partnership, desiring to engage in the
business of manufacturing or dealing in firearms, parts of firearms, or ammunition thereof, or
instruments and implements used or intended to be used for purposes of sale or distribution shall first
secure the appropriate license for such purpose.

13.2 Authority to Issue License to Manufacture

13.2.1 The approving authority for the new application of License to Manufacture firearms and
ammunition shall be the Secretary of the DILG. The Chief, PNP shall approve the application for
renewal to include amendment of the license.

13.2.2 The application for an additional site for a licensed manufacturer due to expansion or location
in special economic processing zones (export, defense industry) shall be for the approval of the Chief,
PNP. Its renewal and amendment shall be approved by the Chief, FEO.

13.2.3 The Order of Payment (OP) for the License to Manufacture shall be issued by the FEO and the
actual payment shall be made by the applicant to Land Bank of the Philippines or any government
bank.

13.3 Requirements for Issuance of License to Manufacture

The following requirements shall be submitted to acquire License to Manufacture and Deal in Firearms
and Ammunition and to include its succeeding renewal:

13.3.1 For New Application:

Basic letter from the applicant addressed to the SILG (through the Chief, PNP) requesting for the
issuance of a License to Manufacture Firearms, parts of firearms, ammunition and its components, or
instruments and implements used or intended to be used in the manufacture of firearms and/or
ammunition with the following attachments:

a) Application form duly accomplished;

b) Undertaking that the applicant will abide by all firearms rules, laws, and regulations;

c) Location map of the factory showing distance from the nearest Police Headquarters;

d) Floor plan of the factory and pictures of its interior and exterior view as well as the storage area of
the firearms and ammunition;

e) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or
Department of Trade and Industry (DTI) or Cooperative Development Authority (CDA);

f) Name of the Proprietor/Manager who will actually manage the factory including his/her clearances
(Chief of Police, Mayor, Court Clearances, and National Police Clearance;

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

g) Certification/Affidavit from the Corporate Treasurer or Bank statement stating therein the amount of
Php5,000,000.00 as proof of capitalization;

h) Certification from the Provincial Director/City Director (PD/CD) or Chief of Police (NCRPO) that the
site is safe and secure from insurgents/terrorists for the operation of the factory;

i) FEO Inspection Report; and

j) Surety Bond.

13.3.2 For Renewal

Basic letter from the applicant addressed to the Chief, PNP through the Chief, FEO requesting for the
renewal of the License to Manufacture firearms, parts of firearms, ammunition and its components, or
instruments and implements used or intended to be used in the manufacture of firearms and/or
ammunition with the following attachments:

a) Application form duly accomplished;

b) Copy of the License to Manufacture;

c) Mayors Permit to Operate Business from the City/Municipality where the licensee operates;

d) Name of the Proprietor/Manager who will actually manage the factory including his/her
clearances (Chief of Police, Mayor, Court Clearances, and National Police Clearance;

e) Summary of transactions made during the validity of the License to Manufacture for firearms and
major parts only;

f) Storage Fee;

g) FEO Inspection Report; and h) Surety Bond.

13.4 License to Deal

13.4.1 The approving authority for the new application of License to Deal firearms and ammunition
shall be the Chief, PNP. The Chief, FEO shall approve the application for renewal to include
amendment of the license.

13.4.2 Authorized Dealers shall apply for an Authority to Operate a new branch or amendment of the
same for the approval of the Chief, FEO. Its renewal and amendment shall likewise be approved by
the Chief, FEO.

13.4.3 The Order of Payment (OP) for the License to Deal shall be issued by the FEO and the actual
payment shall be made by the applicant to Land Bank of the Philippines or any government bank.

13.1 Requirements for Issuance of License to Deal

13.1.1 For New Application

Basic letter from the applicant addressed to the Chief, PNP through the Chief, FEO requesting for the
issuance of License to Deal in firearms, parts of firearms, ammunition, ammunition components,
ammunition reloading machines and its parts, accessories, tools and implements with the following
attachments:

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

a) Application form duly accomplished;

b) Undertaking that applicant will abide by all firearms laws, rules, and regulations;

c) Dealer’s Surety Bond;

d) Location of the gun store showing distance from the nearest Police Stations;

e) Floor plan of the gun store and pictures showing the location of gun store including its interior and
exterior view and its vaults;

f) The size of the vault shall be enough to accommodate the firearms and ammunitions at the gun
store at any given period;

g) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or
Department of Trade and Industry (DTI) or Cooperative Development Authority (CDA);

h) Name of the Proprietor/Manager who will actually manage the store including his/her clearances
(Chief of Police, Mayor, Court Clearances, and National Police Clearance;

i) Certification/Affidavit from the Corporate Treasurer or Bank statement stating therein the amount of
Php500,000.00 as proof of capitalization;

j) Certification from the Provincial Director/City Director (PD/CD) or Chief of Police (NCRPO) that the
site is safe and secure from insurgents/terrorists for the operation of the store; and

k) FEO Inspection Report.

13.1.2 For Renewal

For renewal, basic letter shall be submitted by the applicant addressed to the Chief, FEO requesting
renewal of a License to Deal in firearms, parts of firearms, ammunition, ammunition components,
ammunition reloading machines and its parts, accessories, tools and implements with the following
attachments:

a) Application form duly accomplished;

b) Copy of the License to Deal;

c) Mayors Permit to Operate Business from the City/Municipality where the licensee operates;

d) Name of the Proprietor/Manager who will actually manage the store/dealership including his/her
clearances (Chief of Police, Mayor, Court Clearances, and National Police Clearance;

e) Summary of transactions made during the validity of the License to Deal for firearms and major
parts only;

f) Storage Fee;

g) FEO Inspection Report; and h) Surety Bond.

13.2 The License to Manufacture or License to Deal shall be valid for a period of five (5) years.

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13.3 The application for the renewal of the License to Manufacture or License to Deal shall be
submitted to the FEO within six (6) months before the date of expiration of such license.

13.4 In the application for renewal of the License to Manufacture or License to Deal, the Chief, PNP
may grant a license for a longer period in the following instances, without prejudice to the inspection
requirements under Section 20 and revocation authority under Section 39:

a) In meritorious cases such as expansion or domestic and/or foreign investment partnerships/joint


ventures; or

b) With regard to the capability of the applicant in terms of factors such as but not limited to
capitalization, equipment, number of dealership locations and facilities, number of employees, and
years in operation.

13.5 An authorized manufacturer or authorized dealer shall submit all the requirements for renewal not
less than ninety (90) days prior to the license expiry date. The Chief, FEO can grant an extension of the
license for six (6) months pending the approval of the application for renewal.

13.6 Reloading Machines

13.6.1 Gun Clubs recognized by the FEO or licensed sports shooter may purchase or possess
ammunition-reloading machines provided that they secure permit to possess the same for the
exclusive use of the gun club members and licensed sports shooters.

13.6.2 The approving authority for the new application of the Permit to Possess Reloading Machines of
Gun Clubs recognized by the FEO or licensed sports shooter shall be the Chief, PNP. Its renewal shall be
approved by the Chief, FEO.

13.6.3 All ammunition produced by the recognized Gun Clubs shall be used by its members in target
practice or competitions only. All ammunition produced by the licensed sports shooter shall be for
his/her exclusive use. Commercial sale of said ammunition is prohibited. Failure to comply with this
provision shall cause the revocation of the permit granted by the FEO.

13.6.4 Loading and reloading machines of gun clubs and sports shooter shall be serialized and
registered with the FEO. Registration of such is valid for four (4) years and its renewal shall be done six
(6) months before its expiration.

13.6.5 Loading and reloading machines may only be transferred or sold to Law Enforcement Agencies
(LEAs), registered gun clubs, licensed sports shooter, authorized manufacturer and authorized dealer
with Permit to Load/Reload Ammunition.

13.6.6 Reloading machines in the possession of licensed citizen/s, licensed juridical entities or law
enforcement agencies before the effectivity of this IRR shall be registered with the FEO and comply
with the requirements set forth for this purpose.

13.6.7 Gun clubs or licensed sports shooter shall submit a monthly report on the production and
disposal of reloaded ammunition with the FEO.

13.7 The FEO shall impose a surety bond for authorized manufacturer.

Section 14. Scope of License to Manufacture Firearms and Ammunition

14.1 The License to Manufacture firearms, parts of firearms and ammunition shall include assembly of
firearms, manufacture of parts and accessories to complete the firearm, repair of defective firearms
pursuant to the warranty provision in the contract of sale or as a result of wear and tear, processing of

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ammunition components, loading, reloading and disassembly of ammunition, enhancement and


refurbishing of firearms, and such other acts necessary and indispensable for the full
utilization/implementation of the license.

14.2 The License to Manufacture includes the authority granted to the authorized manufacturer to
deal in or sell all the manufactured items covered by the said license.

14.3 The License to Manufacture shall further include the authority to subcontract the manufacturing
of parts and accessories necessary for the firearms. In case that the subcontractor desires to
manufacture a finished usable major part, the subcontractor shall secure first a License to
manufacture such part.

14.4 The License to Manufacture shall also include the Authority to Import machinery, equipment and
the firearm parts and ammunition components. Imported firearms parts and ammunition components
shall be limited to those authorized to be manufactured as stated in the approved license. The
Authority to Import shall be for the approval of the Chief, PNP or his/her authorized representative.
Importation of mill run parts does not require such permit.

14.4.1 Requirements for Issuance of Authority to Import

a) Letter request addressed to the Chief, PNP stating the items to be imported; and

b) Photocopy of License to Manufacture.

14.5 Authorized manufacturer is entitled to import various firearms for reference, test and evaluation
for manufacture of similar types of firearms covered by the License to Manufacture. Further, authorized
manufacturer is also entitled to various reference firearms needed to test the ammunition
manufactured as covered by its License to Manufacture.

14.6 Authorized manufacturer shall secure Authority to Export manufactured parts or finished products
of firearms and ammunition. The Export Permit of firearms and ammunition shall be for the approval of
the Chief, PNP or his/her authorized representative. Exportation of mill run parts does not require such
permit.

14.6.1 Requirement for Issuance of Authority to Export

Authorized manufacturer may export its products to countries with diplomatic relations with the
Philippines upon submission of the following requirements:

a) Letter request from applicant addressed to Chief, PNP and coursed through the Chief, FEO;

b) Copy of License to Manufacture;

c) Letter intent from foreign buyer; and

d) End-User Certificate (EUC).

14.6.2 Export Permit for sample, demonstration, test and evaluation, and trade exhibits

Export Permit for sample, demonstration, test and evaluation, and trade exhibits may be issued at the
level of the Chief, FEO provided that the number of firearms shall not exceed five (5) per type/model
of firearm and ammunition shall not exceed ten thousand (10,000) rounds per firearm and upon the
submission of the following requirements:

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a) Letter request from applicant addressed to the Chief, FEO;

b) Copy of License to Manufacture; and

c) Letter of intent or invitation from foreign buyer or trade show organizer.

14.7 Firearms and ammunition for reference, sample, demonstration, test and evaluation shall not be
allowed for sale and distribution. Said firearms and ammunition may, at the option of the authorized
manufacturer or authorized dealer, remain in its possession provided that they shall secure the
necessary license and register the same under its company name, or donate the said items to the PNP
through the FEO, or return said items to its original source.

14.8 Permit to Transport Firearms and Ammunition shall be applied for by the authorized manufacturer
for the following purposes:

a) Transport from factory to FEO Storage facility and vice versa;

b) Transport from factory to subcontractor and vice versa;

c) Transport from FEO storage or manufacturer to exhibit, display, demonstration or testing site and
vice versa;

d) Transport from FEO Storage to Authorized Dealer’s gun stores and vice versa;

e) For imported items, transport from port of entry to FEO storage or manufacturer’s factory;

f) For exportation, transport from manufacturer’s factory or FEO storage to port of exit; and

g) Transport from authorized manufacturer’s factory to its clients and vice versa.

14.8.1 The approving authority for the issuance of Permit to Transport is the Chief, PNP or his/her duly
authorized representatives.

14.8.2 The Permit to Transport may be valid for the length of time based on the request by the
authorized manufacturer as approved by the FEO so as not to hamper their operations. Its validity,
however, shall not exceed the expiration of the License to Manufacture.

Section 15. Registration of Locally Manufactured and Imported Firearms

15.1 For locally manufactured firearms and major parts thereof, the registration shall be made at the
manufacturing facility of the authorized manufacturer. To facilitate the registration, the PNP through
the FEO shall conduct the inspection and recording of the manufactured firearms and major parts
thereof based on the records initially prepared by the authorized manufacturer.

15.2 Firearms which are intended for local sale and distribution shall be subjected to ballistics testing
procedures at the authorized manufacturer’s facility if it could accommodate said firearms.
Otherwise, said firearms shall be tested for ballistics at the PNP Crime Laboratory (CL) in Camp Crame
and the authorized manufacturer shall pay all the necessary expenses for such purpose.

15.3 Upon compliance by the authorized manufacturer of the mandatory requirements, the firearms
and major parts of firearms indicated in the inspection report shall be the basis for the initial registration
with the FIMS. Said firearms and major parts of firearms shall now be allowed for local sale and
distribution.

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15.4 Firearms intended for export shall not be subjected to ballistics testing procedures provided that
Proof of Export shall be submitted to the FEO.

15.5 For imported firearms and major parts thereof, initial registration which includes inspection and
ballistics testing procedures (PNP Crime Laboratory) shall be done upon arrival at the FEO storage
warehouse. Authorized dealers shall shoulder all the necessary expenses included therein. Upon
compliance by the importer of the abovementioned mandatory requirements, the FEO shall issue an
Inspection Report for each of the firearms registered and major parts thereof. Only the firearms and
major parts of the firearms which were subjected to inspection in accordance herewith shall be
appropriate for sale and distribution by the Authorized Dealer.

15.6 Procurement and replacement of major parts or extra major parts shall only be done with the
approval/authority from the Chief, FEO. An extra or replacement barrel procured or sold shall have
distinct serial number which shall be determined by the FEO and shall be engraved by licensed
gunsmith authorized by the FEO. The replaced major parts shall be turned-over to the FEO for final
disposition.

15.7 Upon effectivity of this IRR, manufacturers and dealers shall serialize all slides, frames or receivers
and barrels. The FEO shall determine the serial number which shall be engraved by FEO or its
authorized licensed gunsmith.

15.8 Locally manufactured or imported firearm of new model or prototype shall be subject for
classification by the (FCB) before it can be allowed for local sales or distribution. For this purpose, the
FEO shall create the FCB which shall study, review, validate and classify the said firearm.

15.9 The FEO shall impose a surety bond for authorized dealer and licensed indentor.

Section 16. License and Scope of License to Deal

16.1 Any person, legal entity, corporation, partnership or business who shall engage in the business of
buying and selling firearms, major and minor firearms parts, spare parts and accessories, ammunition
and its components and reloading machines at wholesale or retail basis shall first secure a License to
Deal from the Chief, PNP through the FEO.

16.2 The License to Deal shall be inclusive of the following activities: the purchase, sale or transfer,
distribution and general business in handling firearms, ammunition, major and minor parts of firearms,
spare parts and accessories, ammunition components and reloading machines.

16.3 Authorized dealer shall apply to the Chief, PNP through the FEO for Authority to Import firearms
and ammunition, major and minor parts of firearms, accessories, spare parts, components and
reloading machines for commercial purposes by complying with the following requirements:

a) Letter request addressed to the Chief, PNP (coursed through the Chief, FEO); and

b) Copy of License to Deal.

16.4 Authorized dealer is entitled to import various firearms for sample, demonstration, test and
evaluation. Firearms and ammunition for reference, sample, demonstration, test and evaluation shall
not be allowed for sale and distribution. Said firearms and ammunition may, at the option of the
authorized dealer, remain in its possession provided that they shall secure the necessary license and
register the same under its company name, or donate the said items to the PNP through the FEO, or
return said items to its original source.

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16.5 Authorized Dealer in firearms and ammunition may apply for Permit to Load/Reload Ammunition
for commercial purposes. The approving authority for the new application and renewal of the said
permit shall be the Chief, FEO.

16.6 A Permit to Transport shall be applied for by the Authorized Dealer for the following purposes:

a) For imported items, transport from port of entry to FEO storage;

b) Transport from FEO Storage to authorized dealer;

c) Transport from Dealer to residence of firearm; and

d) Transport from FEO storage or authorized dealer to exhibit/display/demonstration site and vice
versa;

16.7 The above mentioned transport permits may be valid for the length of time based on the request
by the authorized dealer as approved by the FEO so as not to hamper their operations. Its validity,
however, shall not exceed the expiry of the License to Deal.

16.8 The approving authority for the issuance of Permit to Transport is the Chief, PNP or his/her duly
authorized representatives.

16.9 The Authority to Import may be applied for, simultaneously with the application or renewal of the
License to Deal.

16.10 Authorized dealers shall apply to the Chief, PNP through the FEO for Authority to Display (ATD)
firearms, ammunition, and major parts of firearms and other regulated items by complying with the
following requirements:

a) Letter request addressed to the Chief, FEO; and

b) Copy of License to Deal.

16.11 Firearms, ammunition, and major parts shall be indicated in the ATD and shall be part of the
regular inventory of the gun store.

16.12 Indentors shall apply to the Chief, PNP through the FEO for an Indentor’s License with the
following requirements:

a) Letter request addressed to the Chief, PNP coursed through the Chief, FEO;

b) Copy of the Contract with AFP/PNP, Law Enforcement Agency and/or other government agencies;

c) Application form duly accomplished;

d) Undertaking that applicant will abide by all firearms laws, rules, and regulation

e) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or
Department of Trade and Industry (DTI) or Cooperative Development Authority (CDA);

f) Name of the Proprietor/Manager who will actually manage the store including his/her clearances
(Chief of Police, Mayor, Court Clearances, and National Police Clearance; and

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g) Certification/Affidavit from the Corporate Treasurer or Bank statement stating therein the amount of
Php500,000.00 as proof of capitalization;

16.13 Licensed Indentors shall apply to the Chief, PNP through the FEO for Authority to Import firearms
and ammunition, major and minor parts of firearms, accessories, spare parts, components and
reloading machines in behalf of the government agencies in the performance of their duties, by
complying with the following requirements:

16.13.1 For AFP/PNP and Other Law Enforcement Agencies (LEAs):

a) Letter request of the indentor addressed to the Chief, PNP;

b) Letter of intent by the purchasing agency addressed to the Chief, PNP;

c) Authenticated photocopy of Indent License to Deal;

d) Original End-User’s Certificate (duly signed by the issuing authority)

e) Purchase Order (original/authenticated);

f) Certificate of Availability of Funds or Approved of the Budget Contract (ABC), attached Special
Allotment Release Order (SARO) intended for the procurement;

g) Certificate of Training issued by the Head of Agency; h) Notice of Award (authenticated); and

i) Contract Agreement (authenticated).

16.13.2 Firearms Procurement by Local Government Unit (LGU):

a) Letter request of the indentor addressed to the Chief, PNP;

b) Letter of intent by purchasing LGU addressed to the Chief, PNP;

c) Inventory of Firearms as certified by Authorized Bonded Firearm Custodian;

d) List of Regular Plantilla Position authorized to use the firearms;

e) Authenticated photocopy of Indent License to Deal;

f) Purchase Order (authenticated);

g) Board Resolution from Sanggunian Panlalawigan/Panlungsod/Bayan or Barangay Lupon;

h) Deed of Absolute Donation as the case may be;

i) Original End-User’s Certificate (EUC); and

j) Certificate of Availability of Funds or Approved Budget Contract (ABC).

16.13.3 For Demonstration, Sample or Test and Evaluation Purposes:

a) Letter request of the indentor addressed to the Chief, PNP;

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b) License to Deal or License to Manufacture;

c) Authenticated photocopy of Indent License to Deal; and

d) Original End-User’s Certificate.

16.14 Licensed Indentor’s firearms and ammunition for sample, demonstration, test and evaluation
shall not be allowed for sale and distribution. Said firearms and ammunition shall be returned to their
original source or country of origin within one month after serving their purpose.

16.15 All firearms, ammunition, spare parts and/or accessories procured by the Licensed Indentor
which were not awarded to the End-User on the period indicated in the Purchase Order or Contract
shall be temporarily turned-over to FEO or returned to its original source or country of origin within one
month after the said period.

16.16 An authorized dealer shall keep a complete and accurate records and accounts of importation
and sale of firearms and ammunition, with the name, age, 2X2 picture, address, e-mail address and
occupation of any licensed citizen purchasing a firearm or ammunition and the number of the firearm
purchased and the amount and character of the ammunition purchased for each firearm. Refusal on
the part of authorized dealer to comply with the provisions of this section shall cause the forfeiture of
the bond.

Section 17. License and Scope of License for Gunsmiths

17.1 The license for gunsmiths shall allow the grantee to repair registered firearms of a licensed citizen
or a licensed juridical entity. The license for gunsmith shall specifically state the place of business where
the grantee shall conduct business. The grantee or its employees, if any, shall not be allowed to repair
a firearm in any other place other than that specified in the license. The grantee shall require the
submission of a photocopy of both the license to own or possess firearms and the registration card of
the subject firearm/s to be repaired and the presentation of the original copy. The grantee shall keep
a record of the firearms that have been repaired as well as that of the licensee for inspection by the
FEO or its authorized personnel.

17.2 Unregistered firearms or those with expired firearm registration shall not be accepted for repair.
Failure to comply with this provision shall be a ground for the cancellation/revocation of the license to
repair after due process and any person in violation of this provision shall be held liable and penalized
in accordance with this IRR.

17.3 In case that the scope of the repair will replace the barrel, slide, frame, receiver, cylinder or bolt
assembly, including its individual or peculiar identifying characteristics essential in forensic examination
of a firearm, the gunsmith shall require the licensed citizen or the licensed juridical entity to secure first
a Permit to Repair from the FEO or Police Regional Office, stating therein the scope of the repair
before accepting the registered firearm/s for repair.

17.4 The license granted to gunsmith includes the customization of firearms from finished or
manufactured parts thereof on per order basis and not in commercial quantities and the making or
fabrication of minor parts thereof, i.e., pins, triggers, bows, sights, magazines, springs and similar minor
parts, shall only be for the purpose of repairing the registered firearm.

17.5 The gunsmith shall submit a report on a monthly basis stating therein the list of the firearms and the
scope of the respective repairs to the FEO. Failure on his/her part to perform the obligation herein
mentioned shall be a ground for the revocation of his/her license to repair after due process.

17.6 The license issued to a gunsmith as a juridical entity shall include the authority given to their
employees to perform their duties as an individual gunsmith.

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17.7 Employees of a licensed juridical entity who are working outside the facility shall have an
individual gunsmith license, except for those off-site contracted activities being conducted by the
licensed juridical entity.

17.8 Employees of a licensed juridical entity without an individual gunsmith license who extend their
work outside the premises of the juridical entity shall be penalized in accordance with the rules set
forth for this purpose by the PNP.

17.9 The written application for the issuance of license of gunsmiths shall be submitted to the Chief,
PNP through the FEO for approval. If approved, the license for gunsmith (individual or juridical entity)
shall be valid for a period of three (3) years or unless sooner revoked for cause.

17.10 The application for the renewal of the license issued to gunsmiths shall be submitted to the FEO
within six (6) months before the date of expiration of such license for the approval of the Chief, FEO.

17.11 In order to qualify and acquire a license for individual gunsmith, the applicant must: a) be a
Filipino citizen; b) be at least twenty-one (21) years old at the time of the filing of his/her written
application; c) have a good moral character; d) have a safe and secure gunsmith facility; and e)
have burglar-proof firearms vault enough to safely accommodate the quantity of firearms requested
for repair.

17.12 For new application of an individual gunsmith’s license, a basic letter of application shall be
submitted by the applicant addressed to the Chief, PNP and coursed through the FEO requesting
issuance of Gunsmith’s license with the following attachments:

a) Duly accomplished application form;

b) Certificate of Employment as a gunsmith from previous employer and/or Certification from TESDA;

c) Clearances issued by the Regional Trial Court (RTC) and Municipal/Metropolitan Trial Court (MTC)
that has jurisdiction over the place where the applicant resides, showing that he/she has not been
convicted by final judgment of a crime involving moral turpitude or that he/she has not been
convicted or is currently an accused in any pending criminal case before any court of law for a crime
that is punishable with a penalty of more than two (2) years;

d) Neuro-psychiatric clearance issued by the PNP Health Service and its accredited psychologist or
psychiatrist;

e) A certification that the applicant has passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;

f) National Police Clearance;

g) Proposed list of the equipment, tools and/or instrument to be purchased for customization and/or
repair of the firearms or list of the existing equipment, tools and/or instrument to be used for
customization and/or repair of the firearms;

h) Surety Bond for the period of License; and i) Inspection Report issued by the FEO.

17.13 A juridical entity may be issued a gunsmith’s license upon showing that it possesses the following
qualifications:

a) It must be Filipino-owned, duly registered with the Securities and Exchange Commission (SEC) or
Department of Trade and Industry (DTI) or Cooperative Development Authority (CDA), as the case
may be;

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b) It is current, operational and a continuing concern;

c) It has completed and submitted all its reportorial requirements to the SEC;

d) It has paid all its income taxes for the previous year, as duly certified by the BIR;

e) It has a safe and secure gunsmith facility; and

f) It has a burglar-proof firearms vault enough to safely accommodate the quantity of firearms
requested for repair.

17.14 The application shall be made in the name of the juridical person represented by its owner or
President or any of its officers mentioned below as duly authorized in a board resolution to that effect;
Provided that the officer applying for the juridical entity shall possess all the qualifications required of a
citizen applying for a gunsmith’s license. Other corporate officers eligible to represent the juridical
person are: the vice president, treasurer, and board secretary.

17.15 For new application of license for gunsmith as a juridical entity, basic letter shall be submitted by
the applicant addressed to the Chief, PNP through the FEO requesting issuance of license with the
following attachments:

a) Application form filed at the FEO in three (3) legible copies duly notarized;

b) Bio-Data/Information Sheet for Director/Partners;

c) Surety Bond for the period of License;

d) Location map of the gunsmith facility showing distance from the nearest Police Station(in meters);

e) Undertaking that the applicant will abide by all firearms rules, laws, and regulations;

f) Floor plan of the facility and pictures of its interior and exterior view as well as the storage area of the
firearms and ammunition;

g) Certificate of Registration of the firm with the Securities and Exchange Commission (SEC) or
Department of Trade and Industry (DTI) or Cooperative Development Authority (CDA);

h) Name of the Owner/Proprietor/Manager who will actually manage the facility including his/her
clearances (Chief of Police, Mayor, Court Clearances, and National Police Clearance.

i) Certification from the Provincial Director/City Director (PD/CD) or Chief of Police (NCRPO) that the
site is safe and secure from insurgents/terrorists for the operation of the facility; and

j) FEO Inspection Report.

17.16 For renewal of individual or juridical entity’s gunsmith license, a basic letter for renewal shall be
submitted by the applicant addressed to the Chief, FEO within six (6) months prior to its expiration. The
applicant shall attached the same requirements as provided in the application for new license as
mentioned in Sections 17.12 and 17.15 and the summary of transactions stating the list of the firearms
and the scope of the repair for the previous year.

17.17 The Order of Payment (OP) for the License to Manufacture shall be issued by the FEO and the
actual payment shall be made by the applicant to Land Bank of the Philippines or any government
bank.

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17.18 The FEO shall impose a surety bond for licensed gunsmith.

Section 18. Firearms for Use in Sports and Competitions

18.1 A qualified individual shall apply for a Permit to Transport (PTT) for his/her registered firearms and
ammunitions from his/her residence to the shooting range/s and competition sites as may be
warranted. The application shall be submitted to the Chief, PNP or his delegated representative for
processing and approval.

18.2 A qualified individual with approved and existing PTCFOR need not secure the foregoing permit
as the same is deemed included and within the coverage of the PTCFOR. However, he/she shall
secure the necessary permit for the additional ammunition.

18.3 A qualified individual who is competing outside the country shall apply for the Authority to
Transport (ATT) his/her registered firearms and ammunition outside the country including an
application or invitation of the Organizing Committee and endorsement from a recognized Gun
Association.

18.4 A licensed sports shooter shall be allowed to possess the quantity of ammunition as needed to
attain proficiency.

18.5 Special Permit shall be given to minors who are competing in national or international sports
shooting competition provided that they are given authority or consent by their parents or guardians.

Section 19. Renewal of Licenses and Registration

19.1 All types of licenses to own and possess a firearm shall be renewed every two (2) years within six
(6) months before the birthdate of the licensee. Failure to renew the license on or before the birthdate
shall cause the revocation of the license and of the registration of the firearm/s under said license.

19.2 The registration of the firearm shall be renewed every four (4) years within six (6) months before its
expiration. Failure to renew the registration of the firearm on or before the expiration of its registration
shall cause the revocation of the registration of the firearm and the same shall be subject to
revocation proceedings.

19.3 Failure to renew a license or registration within the period stated above on two (2) occasions shall
cause the holder of the firearm to be perpetually disqualified from applying for firearm license. In
meritorious cases, however, the Chief PNP, as recommended by the Chief, FEO, may allow the further
enjoyment of the privilege under these rules subject to certain conditions which may be deemed
appropriate to impose.

19.4 It shall be the obligation of the licensee thereof to surrender the said firearm to the police office or
station with jurisdiction over the place where he/she resides within fifteen (15) days. Failure to surrender
within such period shall cause the filing of appropriate charges for violation of the law.

19.5 For purposes of renewal of the License to Own and Possess Firearms, the following requirements
shall be submitted:

a) Written application duly accomplished (3 legible copies);

b) Copy of the Original License to Own and Possess Firearms;

c) Proof of latest Billing;

d) National Police Clearance;


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e) Neuro-Psychiatric Clearance;

f) Drug Test Clearance; and

g) Two valid IDs (one government issued ID).

19.6 For purposes of renewal of the Long Regular Registration for juridical entity, the following
requirements shall be submitted:

a) Written application duly accomplished (3 legible copies) ;

b) Copy of the LRR;

c) Proof of latest Billing;

d) Two valid IDs (one government issued ID) ;

e) Firearm Records Verification;

f) Clearances of Company Representative; and

g) License to Operate issued by SOSIA.

19.7 For purposes of renewal of the Long Certificate of Registration of LGU, the following requirements
shall be submitted:

a) Written application duly accomplished (3 legible copies) ;

b) Copy of the LCR;

c) Firearm Records Verification; and

d) Clearances of Government Representative.

19.8 For purposes of renewal of the Long Regular Registration of PSAs, the following requirements shall
be submitted:

a) Written application duly accomplished (3 legible copies);

b) Copy of the LRR;

c) Proof of Latest Billing;

d) Firearm Records Verification;

e) Clearances of Company Representative; and

f) License to Operate (SOSIA).

19.9 For purposes of renewal of the Registration of Firearm/s, the licensed citizen shall submit the
following requirements:

a) Copy of the License to Own and Possess Firearms;

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b) Firearm Registration Card;

c) Firearms Bond;

d) Proof of latest billing; and

e) Certificate of Records of Ballistics Testing and Stencil for firearms purchased prior to year 2010.

19.10 For purposes of renewal of the firearm registration under Juridical entity, the licensed juridical
entity shall submit the following requirements:

a) Copy of the License to Own and Possess Firearms;

b) Copy of the License to Operate issued by SOSIA;

c) Lists of Firearms with Recapitulation;

d) Latest Monthly Disposition Report (MDR) ;

e) Copy of the Firearm Registration;

f) Firearm Bond;

g) Certificate of Records of Ballistics Testing and Stencil for firearms purchased prior to year 2010;

h) Certificate of Verification of Firearms; and i) Firearm Records Verification.

19.11 The application for the renewal of the license or firearm registration shall be submitted to the FEO
within six (6) months before the expiration of such license or registration. The applicants shall submit all
the requirements mentioned in Section 4 of this IRR.

Section 20. Inspection and Inventory

20.1 The Chief of the PNP or his/her authorized representative shall require the submission of reportorial
requirements from a licensed manufacturer, dealer or importer of firearms and ammunition, such as
the following: Production reports, Inventory of Raw materials, Sales Report, Inventory Report or
Accomplishment report and other reports that the Chief, PNP may require. Reports shall be submitted
on a monthly, quarterly and/or annually as the case may be.

20.2 The inspection shall be done as a requirement for licensing, inventory, monitoring purposes and
investigation as the case may be.

20.3 It is the responsibility of the licensed citizen to present his/her License to Own and Possess Firearms,
firearm registration card and the subject firearm/s to inspection and verification by proper authority.

20.4 The PNP through the FEO or any office authorized by the Chief, PNP shall inspect or examine the
inventory and records of authorized manufacturer, dealer or importer of firearms and ammunition.

20.5 The inspection or examination of records and inventories shall be conducted during office hours
(8:00 AM to 5:00 PM). The Inspection Team shall be covered with a Letter Order, headed by a Police
Commissioned Officer (PCO) who has knowledge on the provisions and application of these rules and
shall perform their assigned task with utmost professionalism and courtesy.

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

20.6 A copy of the report of inspection shall be provided to the authorized manufacturer, dealer,
gunsmith or importer of firearms and ammunition within five (5) working days from the date of
inspection.

20.7 In case of adverse findings, the authorized manufacturer, dealer, gunsmith or importer of firearms
and ammunition shall be informed of such findings and shall be given thirty (30) working days, from
receipt of the said report, to comply with the recommendations.

Non-compliance on the recommendations of the Inspection Team within the given period shall cause
the revocation of the license.

20.8 The Chief, PNP, once each year, shall issue directions to the Provincial/City Director and Chief of
Police (COP) to verify all registered firearms in the possession of the licensee and submit a report of
such verification to the Chief, PNP thru the FEO.

RULE IV

ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND ANTIQUE FIREARMS

Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition

21.1 Firearms and ammunition may only be acquired or purchased from authorized manufacturers,
dealers or importers who are duly licensed as such pursuant to these rules. The importation,
manufacture, deal-in, receive, acquisition, purchase, selling or disposal of or possession of any firearm,
detached parts of firearms or ammunition therefore, or any instrument of implement used or intended
to be used in the manufacture or firearms, parts of firearms or ammunition entities not duly licensed or
authorized for such purpose is a violation of these rules and shall be penalized in accordance with this
IRR.

21.2 An authorized dealer shall only sell registered firearm or ammunition or major parts of a firearm to
a licensed citizen or a licensed juridical entity.

21.3 During election period, the sale, transfer and registration of firearms and ammunition and major
parts and the issuance of license to a qualified individual or a qualified juridical entity thereof shall be
allowed. However, the transport or delivery of the firearms shall strictly comply with the resolutions
promulgated by the Commission on Elections (COMELEC).

Section 22. Deposit of Firearms by Persons Arriving from Abroad

22.1. A person arriving in the Philippines, who is a licensed firearm holder in the country of origin and
who shall bring his/her firearm or ammunition and has declared the existence thereof before
embarkation at the country of origin and upon disembarkation, shall deposit the said firearm and/or
ammunition with the Collector of Customs who, thereafter, shall endorse the same to the FEO for
safekeeping.

22.2. If importation is allowed for such firearm or ammunition and the person desires to obtain a
domestic firearm license, the same should be undertaken in accordance with this IRR.

If no license is desired or leave to import is not granted, the firearm or ammunition shall remain in the
custody of the FEO until otherwise disposed of in accordance with the law.

22.3. In case that the person arriving from abroad is a sports shooting competitor, he/she shall declare
the existence thereof before embarkation at the country of origin and upon disembarkation. Said
firearm or ammunition shall be deposited with the Collector of Customs who, thereafter, shall endorse

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

the same to the authorized representative of the Chief, PNP for the issuance of a Permit to Transport to
and from the venue of the competition.

22.4. For foreign dignitaries, law enforcement officers, foreign attaches, security officers and other
foreign government agents bearing firearms or persons/groups needing to import firearms for lawful
purposes, either officially issued and licensed or registered in the country of origin shall declare the
existence thereof before embarkation at the country of origin and upon disembarkation. Said firearm
and ammunition shall be validated by concerned law enforcement agency and be reported to the
FEO.

22.5. For firearms to be used in exhibits, theatrical and other relevant purposes, importation permit and
other appropriate permit shall be secured from Chief, PNP or his/her authorized representative. The
mandatory requirements shall be presented to the FEO for the issuance of the appropriate permit.
Payment of transport fees shall be collected. The duration of the validity and the place or places
where the firearm/s could be brought and the purpose thereof shall be indicated in the Permit to
Transport.

22.6. If the firearm is not appropriate for registration under these rules and that, in the meantime, return
of the firearm to the country of origin could not be made; the firearm shall remain in the custody of the
FEO for final disposition according to this IRR. Storage fee shall be collected by the FEO.

22.7. Any firearm brought in the country for purposes of competition, exhibits, theatrical and other
relevant purposes which were not claimed within five (5) years and/or non-payment of storage fee for
five (5) consecutive years shall be considered as abandoned firearms and shall be subjected to
forfeiture proceedings.

Section 23. Return of Firearms to Owner upon Departure from the Philippines

Upon departure from the Philippines of any person whose firearm or ammunition is in the custody of
the FEO, the same, upon timely request and submission of proof that the person concerned is already
leaving, be delivered to the Collector of Customs.

Once received by the Collector of Customs, the person who brought the said firearm or ammunition in
the country may be allowed to inspect the same in the presence of the FEO representative and
Collector of Customs before the same is loaded to the carrier on which the person is to board.

Section 24. Safekeeping of Firearms and Ammunition

24.1 Any licensee may deposit a registered firearm to the FEO, or any Police Regional Office for
safekeeping. Reasonable fees for storage shall be imposed.

24.2 The FEO or any Police Regional Office shall not be liable for any damage or loss of the firearm
submitted for safekeeping by reason of any fortuitous event.

Section 25. Abandoned Firearms and Ammunition

25.1 Firearms and ammunition deposited with the FEO for safekeeping shall not exceed five (5) years.
Failure to claim the deposited firearms and ammunition within five (5) years and/or non-payment of
storage fee for five (5) consecutive years shall be considered as abandoned firearms. Abandoned
firearms shall be disposed of according to the rules set by the PNP.

25.2 Firearms that have been found and reported to the PNP shall be considered as abandoned
firearm.

Section 26. Death or Disability of the Licensee

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26.1 Upon the death of the licensee, the privilege of his/her license to own or possess firearms and the
registration of the firearm automatically expires.

26.2 In case of legal disability, the privilege provided for by a license to own or possess firearms and
the registration of the firearm shall be revoked.

26.3 When a licensed citizen with registered firearm dies or become legally disabled, his/her next of
kin, nearest relative, legal representative, or any other person who shall knowingly come into
possession of the registered firearm shall cause the delivery of the same to the FEO or Police Regional
Office or through the nearest police station which has jurisdiction over the licensee and/or the
registered firearm.

26.4 In case of death or legal disability of the licensee, the next of kin, nearest relative, legal
representative or any other person who shall knowingly come into possession of the registered firearm
shall register the firearm/s provided he/she meets the standard requirements and qualifications in
accordance with RA 10591 and its IRR.

26.5 Upon presentation of the proof that the individual is the next of kin, nearest relative, legal
representative or other persons who shall knowingly come into possession of the firearm or ammunition
of the deceased or legally disabled licensee, he/she may apply for the issuance of a License to Own
and Possess Firearm and the transfer of the registration of the firearm under his/her name.

26.6 Pending the issuance of the license to the applicant, the registered firearm of the deceased or
legally disabled licensee shall remain under the custody of the FEO or the PRO which has jurisdiction
over the licensee and/or the registered firearm. In the event that there is no qualified applicant, the
Chief, PNP through the FEO shall dispose the firearm in accordance with the rules set forth for this
purpose.

26.7 Failure to deliver the firearm or ammunition within the six (6) months after the death or legal
disability of the licensee shall render the possessor liable for illegal possession of the firearm.

Section 27. Antique Firearms

27.1 A license for antique firearm collector is necessary in order to legally possess and register an
antique firearm. The antique firearm collector’s license shall be secured from the FEO and shall be
renewed every two (2) years.

27.2 An individual shall secure first a Certification from the National Museum stating therein the
antiquity of the said firearm.

27.3 Licensed antique firearm collector shall maintain proper storage of antique firearms which shall
be the subject of periodic inspection by the FEO.

27.4 The antique firearm collector shall submit the required documents to secure an antique firearm
collector’s license in accordance with Section 4 of this IRR.

27.5 Licensed Antique firearm collector shall submit status report of his/her antique firearms in a yearly
basis for verification purposes. Antique firearms shall be transferred to another licensed antique firearm
collector only and shall register the same.

27.6 Licensed antique firearm collector shall register his/her unserviceable on a one-time registration.

27.7 Licensed antique firearm collector shall register serviceable antique firearm and renew the same
to the FEO.

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

27.8 A licensed antique firearm collector may import or export his/her antique firearms provided that
the licensee has secured clearance from the National Museum and appropriate authority through the
FEO.

27.9 For purposes of display, exhibit, cultural or educational and research, antique firearms shall be
allowed to be transported from one place to another by securing a permit to transport or any
appropriate permit issued by the FEO.

27.10 Permit to Carry Firearms Outside Residence (PTCFOR) shall not be issued to firearms classified and
registered as antique firearm collector’s item.

27.11 Antique firearm collector shall be required to have vaults to store the antique firearm or shall be
appropriately framed for display purposes.

27.12 Failure on the part of the licensed antique firearm collector to follow the rules and regulations set
forth in this IRR shall be ground for revocation of the license of the collector notwithstanding the filing
of appropriate charges in court.

RULE V

PENAL PROVISIONS

Section 28. Unlawful Acquisition or Possession of Firearms and Ammunition

The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:

a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess a small arm;

b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small
arms or Class-A light weapons are unlawfully acquired or possessed by any person;

c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess a Class-A light weapon;

d) The penalty of reclusion perpetua shall be imposed upon any person who shall unlawfully acquire or
possess a Class-B light weapon;

e) The penalty of one (1) degree higher than that provided in paragraphs a) to (c) in this section shall
be imposed upon any person who shall unlawfully possess any firearm under any or combination of
the following conditions:

1) Loaded with ammunition or inserted with a loaded magazine;

2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as
thermal weapon sight (TWS) and the like;

3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

4) Accompanied with an extra barrel.

5) Converted to be capable of firing full automatic bursts.

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a small arm;

g) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a small arm. If the violation of this paragraph is
committed by the same person charged with the unlawful acquisition or possession of a small arm, the
former violation shall be absorbed by the latter;

h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-A light weapon;

i) The penalty of prision mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of this paragraph
is committed by the same person charged with the unlawful acquisition or possession of a Class-A light
weapon; the former violation shall be absorbed by the latter;

j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-B light weapon; and

k) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is
committed by the same person charged with the unlawful acquisition or possession of a Class-B light
weapon, the former violation shall be absorbed by the latter.

Section 29. Use of Loose Firearm in the Commission of a Crime

29.1 The use of a loose firearm, when inherent in the commission of a crime punishable under the
Revised Penal Code or other special laws, shall be considered as an aggravating circumstance:
Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a
maximum penalty which is lower than that prescribed in the preceding section for illegal possession of
firearm, the penalty for the crime charged: Provided further, that if the crime committed with the use
of loose firearm is penalized by the law with a maximum penalty of prision mayor in its minimum period
punishable under the Revised Penal Code or other special laws of which he/she is found guilty.

29.2 If the violation of the law is in furtherance of, or incident to, or in connection with the crime of
rebellion or insurrection, or attempted coup d’état, such violation shall be absorbed as an element of
the crime of rebellion or insurrection, or attempted coup d’ etat.

29.3 If the crime is committed by the person without using the loose firearm; the violation of the law
shall be considered as a distinct and separate offense.

Section 30. Liability of Juridical Person

The penalty of prision mayor in its minimum to its prision mayor in its medium period shall be imposed
upon the owner, president, manager, director or other responsible officer of any public or private firm,
company, corporation or entity who shall willfully or knowingly allow any of the firearms owned by
such firm, company, corporation or entity to be used by any person or persons found guilty of violating
the provisions of the preceding section, or willfully or knowingly allow any of them to use unregistered
firearm or firearms without any legal authority to be carried outside of their residence in the course of
their employment.

Section 31. Absence of Permit to Carry Outside of Residence

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

The penalty of prision correccional and a fine of Ten Thousand Pesos (Php10, 000.00) shall be imposed
upon any person who is licensed to own and possess a firearm but who shall carry the registered
firearm outside his/her residence without any legal authority therefor.

Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts
Thereof, Machinery, tool or Instrument Used or Intended to be Used in the Manufacture of Firearms,
Ammunition or Parts Thereof

32.1 The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who
shall unlawfully engage in the manufacture, importation, sale or disposition of a firearm or ammunition
or machinery, tool or instrument used or intended to be used by the same person in the manufacture
of a firearm, ammunition or a major part thereof.

32.2 The possession of any machinery, tool, instrument used directly in the manufacture of firearms,
ammunition or major parts thereof by any person whose business, employment or activity does not
lawfully deal with the possession of such article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.

32.3 The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be
imposed upon any laborer, worker, employee of a licensed firearms or ammunition dealer who shall
unlawfully take, sell or otherwise dispose of parts of firearms or ammunition. The buyer or possessor of
such stolen part or material, who is aware that such part or material was stolen, shall suffer the same
penalty as the laborer, worker or employee.

32.4 If the violation or offense is committed by a corporation, partnership, association or other juridical
entity, the penalty provided for in this section shall be imposed upon the directors, officers, employees
or other officials or persons therein who knowingly and willingly participated in the lawful act.

Section 33. Arms Smuggling

The penalty of reclusion perpetua shall be imposed upon any person who shall engage or participate
in importation, exportation, acquisition, sale, delivery, movement or transfer of firearms, their parts and
components and ammunition, from or across the territory of one country to that of another country
which has not been authorized in accordance with domestic law in either or both country/countries.

Section 34. Tampering, Obliteration or Alteration of firearms Identification

34.1 The penalty of prision correccional to prision mayor in its minimum period shall be imposed upon
any person who shall tamper, obliterate or alter without authority, the barrel, slide, frame, receiver,
cylinder or bolt assembly including the name of the maker, model or serial number of any firearm or
who shall replace without authority the barrel, slide, frame, receiver, cylinder or bolt assembly
including its individual or peculiar identifying characteristics, essential in forensic examination of a
firearm or light weapon.

34.2 The PNP shall place this information, including its individual or peculiar identifying characteristics
into the database of integrated firearms identification system of the PNP Crime Laboratory for future
use and identification system of a particular firearm.

34.3 Any individual who caused the tampering, obliteration or alteration of a firearm without authority
from the Chief, PNP through the Chief, FEO shall be liable in accordance with this Section.

Section 35. Use of an Imitation Firearm

An imitation firearm used in the commission of a crime shall be considered a real firearm as defined in
this IRR and the person who committed the crime shall be punished in accordance with this IRR:

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Provided, That injuries caused on the occasion of the conduct of competitions, sports, games, or any
recreation activities involving imitation firearms shall not be punishable under this IRR.

Section 36. In Custodia Legis

During the pendency of any case filed in violation of the law, seized firearm, ammunition or parts
thereof, machinery, tools, instruments shall remain in the custody of the court. If the court decides that
it has no adequate means to safely keep the same, the court shall issue an order to turn over to the
PNP Crime Laboratory such firearm, ammunition or parts thereof, machinery, tools or instruments in its
custody during the pendency of the case and to produce the same to the court when so ordered. No
bond shall be admitted for the release of the firearm, ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall be punishable by prision mayor in its minimum period
to prision mayor in its medium period.

Section 37. Confiscation and Forfeiture

37.1 The imposition of penalty for any violation of the law shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm, ammunition or parts thereof, machinery, tool or instrument in
favor of the government which shall be disposed of in accordance with law.

37.2 Firearm taken in custody by the PNP, National Bureau of Investigation (NBI), Philippine Drug
Enforcement Agency (PDEA) and all other law enforcement agencies by reason of their mandate
shall be necessarily reported and turned over to the FEO.

37.3 After the pendency of the case, all confiscated and forfeited firearms or parts thereof,
ammunition, machinery, tools or instruments used as evidence in court shall be turned-over to the FEO
for final disposition in accordance with law.

37.4 Firearms which are considered as abandoned, surrendered, confiscated or revoked in


compliance with existing rules and regulations shall be turned-over to the FEO for proper disposal in
accordance with law.

Section 38. Liability for Planting Evidence

The penalty of prision mayor in its maximum period shall be imposed upon any person who shall willfully
and maliciously insert, place and/or attach, directly or indirectly, through any overt or covert act, any
firearm, or ammunition or parts thereof in the person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or incriminating the person, or imputing the
commission of any violation of the provisions of this IRR to said individual. If the person found guilty
under this paragraph is a public officer or employee, such person shall suffer the penalty of reclusion
perpetua.

Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit

39.1 The Chief, PNP or his/her authorized representative may revoke, cancel or suspend a license or
permit on the following grounds:

a) Commission of a crime or offense involving the firearm, ammunition or major parts or pendency of a
criminal case involving the firearm, ammunition or major parts thereof;

b) Conviction of a crime involving moral turpitude or any offense where the penalty carries an
imprisonment of more than six (6) years;

c) Loss of the firearm, ammunition or any parts thereof through negligence;

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

d) Carrying of the firearm, ammunition or major parts thereof outside the residence or workplace
without the proper permit to carry the same;

e) Carrying of the firearm, ammunition or major parts thereof in prohibited places;

f) Dismissal for cause from the service in case of government official and employees;

g) Commission of any acts penalized under Republic Act No. 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002”;

h) Submission of falsified documents or misrepresentation in the application to obtain license or permit;

i) Noncompliance of reportorial requirements; and

j) By virtue of court order.

39.2 The Chief, PNP or his/her authorized representative may restore the License to Own and Possess
Firearm and registration of the firearms on valid grounds as recommended by the FLRRB.

39.3 Correction and deletion of License to Own and Possess Firearms and registration of firearm/s,
upon thorough investigation and on valid grounds, shall be recommended by the FLRRB through a
Resolution before the records of the licensed citizen or licensed juridical entity and his/her/its firearm
registration can be updated at the FIMS.

39.4 Failure to submit necessary reports within three consecutive months shall be ground for the
revocation of the license of the dealers, manufacturers, importers or gunsmith.

39.5 Recommendation by the FLRRB for the revocation of the license of dealers and gunsmiths could
be elevated to the Chief, FEO on appeal within ten (10) days from receipt of a copy of the adverse
decision.

39.6 Recommendation by the Chief, FEO for the revocation of the license of manufacturers could be
elevated to the Chief, PNP on appeal within ten (10) days from receipt of a copy of the adverse
decision.

39.7 Recommendation rendered by the Chief, PNP for the revocation of the license of manufacturers
could be elevated to the SILG on appeal within ten (10) days from receipt of a copy of the adverse
decision.

Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon

40.1 A fine of Ten Thousand Pesos (Php10, 000.00) shall be imposed upon any licensed firearm holder
who fails to report to the FEO that the subject registered firearm has been lost or stolen within a period
of thirty (30) days from the date of discovery

40.2 Likewise, a fine of Five Thousand Pesos (Php5,000.00) shall be imposed upon any person holding a
valid firearm license who changes residence or office address other than that indicated in the license
card and fails within a period of thirty (30) days from said transfer to notify FEO of such change of
address.

40.3 For the purpose of this Section, reporting or notification to the FEO can be done through any of
the following modes of written communication: letter, memorandum, e-mail, or facsimile personally
signed by the licensee or authorized officers/representatives of juridical or head of government
agencies/bureaus as the case may be along with Affidavit of Loss and Certification from the Local
Police as contained in the police blotter.
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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

Section 41. Illegal Transfer/ Registration of Firearms.

41.1 It shall be unlawful to transfer possession of any firearm to any person who has not yet obtained or
secured the necessary license or permit thereof.

41.2 The penalty of prision correccional shall be imposed upon any person who shall violate the
provision of the preceding paragraph.

In addition, he/she shall be disqualified to apply for a license to possess other firearms and all his/her
existing firearms licenses whether for purposes of commerce or possession, shall be revoked. If the
government-issued firearms, ammunition or major parts of firearms or light weapons are unlawfully
disposed, sold or transferred by any law enforcement agent or public officer to private individuals, the
penalty of reclusion temporal shall imposed.

41.3 Any public office or employee or any person who shall facilitate the registration of a firearm
through fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty
of prision correccional.

RULE VI

FINAL PROVISIONS

Section 42. Firearms Repository

42.1 The FEO shall be the sole repository of all firearms and firearms records to include imported and
locally manufactured firearms and ammunition. Within one (1) year upon approval of this IRR, all
military and law enforcement agencies, LGUs and government-owned or controlled corporations shall
submit an inventory of all their firearms and ammunition to the PNP.

42.2 Annual Inventory report shall be submitted by the entities to the FEO every last week of January of
the preceding year.

Section 43. Final Amnesty

Persons in possession of unregistered firearms and holders of expired licenses or unrenewed firearms
shall register and renew the same through the Final General Amnesty within six (6) months from the
promulgation of this IRR.

During the interim period of six (6) months, no person applying for license shall be charged of any
delinquent payment accruing to the firearm subject for registration. The PNP shall conduct an intensive
nationwide campaign to ensure that the general public is properly informed of the provisions of this
IRR.

Section 44. Authority of the Chief of the Philippine National Police (PNP) to Issue Policies and Guidelines

The FEO shall recommend to the Chief, PNP the policies and guidelines for the effective
implementation of this IRR.

Section 45. Separability Clause

If any provision of this IRR or any part hereof is held invalid, the provision not otherwise affected shall
remain valid and subsisting.

Section 46. Effectivity

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SPECIALIZED CRIME INVESTIGATION 1 WITH SIMULATION ON INTERVIEW AND INTERROGATION

This IRR shall take effect after fifteen (15) days from its publication in at least two (2) national
newspapers of general circulation and submission to the UP Law Center.

Approved,

This Implementing Rules and Regulations (IRR) is in compliance with Section 44 of RA 10591 which was
approved by HIS EXCELLENCY, PRESIDENT BENIGNO S AQUINO III on May 29, 2013.

REFERENCE/S:

 United Nations Convention against Transnational Organized Crime (UNToc), 2003, retrieved on
2022 from https://www.unodc.org/
 History.com editors, 2019, retrieved on 2022 from https://www.history.com/topics/crime/origins-
of-the-mafia
 "Russian Mafia" Wikipedia. Wikimedia Foundation, 2015, retrieved on 2022 from
https://computerscience.johncabot.edu/courses/
 https://pcw.gov.ph/republic-act-9208-or-the-anti-trafficking-in-persons-act-of-2003-as-
amended-by-ra-10364-also-known-as-the-expanded-anti-trafficking-in-persons-act-of-2012/
 IRR of R.A. 10591, 2013, retrieved on https://www.officialgazette.gov.ph

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