SPECIAL CRIME INVESTIGATION 2 WITH SIMULATION OF INTERVIEW AND

INTERROGATION

What is Transnational Crimes?

United Nations, defined transnational crimes as, offenses whose inception, prevention
and/or direct or indirect effects involved more than one country.
Transnational Crime a continuing illegal activity of group of persons which is primarily
concerned with the generation of profits, irrespective of national boundaries as a result of
globalization.
What is Globalization?
- refers to the rapid development of the western culture that ultimately affects other
cultures in the world as brought by intellectual and technological advances, in which some
crimes occurring in other countries are attributed.

What is Transnational Organized crime?

is a crime perpetuated by organized criminal group which the aim of committing one or
more serious crimes or offenses in order to obtain directly or indirectly, a financial or other
material benefits committed through crossing of borders or jurisdictions.

ORGANIZED CRIMINAL GROUP

Shall mean a structured group of three or more persons, existing for a period of time
and acting in concert with the aim of committing or more serious crimes or offenses established
in accordance with this convention, in order to obtain directly or indirectly, a financial or material
benefit.

On its convention on Transnational Organized Crime it declared that an offense is transnational

if it:
1. Is committed in more than one state;
2. In one state but a substantial part of its preparation planning, direction or control takes
place in another state
3. Is committed in one state but involves an organized crime group that engages in criminal
activities in more than one state, or
4. In one State but has substantial effects in another state.
Transnational Crimes
- Trafficking in Persons
- Terrorism
- Drug Trafficking
- Cybercrime
- Money Laundering
- Environmental Crime
- Economic crime
- Intellectual Property Theft
- Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and Light Weapons
Transnational crimes are not limited to human trafficking, Drugs trafficking, Money laundering,
terrorism, and cybercrimes but to all acts inimical to the welfare of states/countries especially if
perpetrated by no less than foreigners. It is also committed with several motives: political
influence, economic gain and social control in a global scope.
HUMAN TRAFFICKING
What is Human Trafficking?
Defined as the recruitment, transport, transfer, harboring or receipt of a person by such
means as threat or use of force or other forms of coercion, abduction, fraud or deception for the
purpose of exploitation. It’s been called the “modern day slavery”. Trafficking in persons is an
illegal act and is considered a violation of human rights and inimical to human dignity and
national development.
What are the three (3) inter-related and interdependent elements of human trafficking that
must be present?
1.Act - It involves the recruitment, obtaining, hiring, providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons, with or without the victim’s consent or knowledge,
within or across national borders;
2. Means -It is committed by use of threat, or of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person; and
3. Purpose - It is done for the purpose of exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery, involuntary servitude or the removal or
sale of organs.
What are the Commonly Identified Form of Human Trafficking?
1) Sexual exploitation
2) Forced labor
3) Domestic servitude and forced marriage;
4) Organ removal; and
5) Exploitation of children in begging, the sex trade and warfare
What is RA 9208?
RA 9208 -Anti-Trafficking in Persons Act of 2003
“an act to institute policies to eliminate trafficking in persons especially women and children,
establishing the necessary institutional mechanisms for the protection and support of trafficked
persons, providing penalties for its violations and for other purposes"

RA 10364 - This Act shall be known as the "Expanded Anti-Trafficking in Persons Act of 2012″.

IMPORTANT DEFINITIONS

"(a) Trafficking in Persons – refers to 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 by means of threat, or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits
to achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery, 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 set forth in the preceding paragraph.

"(b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.

"(c) Prostitution – refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or
any other consideration.

"(d) Forced Labor – refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any
work or service extracted from any person under the menace of penalty.

"(e) Slavery – refers to the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised.

"(f) Involuntary Servitude – refers to a condition of enforced and compulsory service induced
by means of any scheme, plan or pattern, intended to cause a person to believe that if he or she
did not enter into or continue in such condition, he or she or another person would suffer serious
harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process.

"(g) Sex Tourism – refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.

"(h) Sexual Exploitation – refers to participation by a person in prostitution, pornography or the

production of pornography, in exchange for money, profit or any other consideration or where
the participation is caused or facilitated by any means of intimidation or threat, use of force, or
other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person; or in sexual intercourse or lascivious conduct caused or facilitated by any
means as provided in this Act.

"(i) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.

"(j) Pornography – refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual parts of
a person for primarily sexual purposes.
What are the Acts Considered as Trafficking in Persons?

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

"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a
person by any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual
exploitation;

"(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 persons by any form of consideration for exploitative purposes or to facilitate the
same for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

"(g) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or
abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of organs of said person;

"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a
child to engage in armed activities in the Philippines or abroad;

"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a
person by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt
bondage and involuntary servitude, including a scheme, plan, or pattern intended to cause the
person either:

"(1) To believe that if the person did not perform such labor or services, he or she or another
person would suffer serious harm or physical restraint; or

"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive
a child for purposes of exploitation or trading them, including but not limited to, the act of baring
and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking
for purposes of exploitation of children shall include:

"(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and
forced labor, including recruitment of children for use in armed conflict;

"(2) The use, procuring or offering of a child for prostitution, for the production of pornography,
or for pornographic performances;

"(3) The use, procuring or offering of a child for the production and trafficking of drugs; and

"(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or
the circumstances in which it is carried out, is likely to harm their health, safety or morals; and

"(l) To organize or direct other persons to commit the offenses defined as acts of trafficking
under this Act."

PENALTY: Imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

Take Note: RA 10364 inserted “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 also 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."

PENALTY: fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);

Take Note: RA 10364 inserted that Accomplice and Accessories to the crime of trafficking in
person shall be likewise punishable under this law.
“Accomplice”- Whoever knowingly aids, abets, cooperates in the execution of the offense by
previous or simultaneous acts. It also inserted

“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.

Acts that Promote Trafficking in Persons

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

establishment for the purpose of promoting trafficking in persons;

2. Produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these
certificates and stickers as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in persons;

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

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

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

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

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

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

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

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

PENALTY: (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);

Qualified Trafficking in Persons

The following are considered as qualified trafficking:

1. When the trafficked person is a child

2. When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group;
4. When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;
5. When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
6. When the offender is a member of the military or law enforcement agencies; and
7. When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome (AIDS).
8. When the offender commits one or more violations of Section 4 over a period of sixty (60) or
more days, whether those days are continuous or not; and
9. When the offender directs or through another manages the trafficking victim in carrying out
the exploitative purpose of trafficking."

PENALTY: life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but
not more than Five million pesos (P5,000,000.00);

Investigation, Prosecution and Trial of the Crime of Trafficking in Persons

At any stage of the investigation, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as
parties to the case, shall recognize the right to privacy of the trafficked person and the accused.
It must be 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.

Thus, 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.

Rule in Prosecution of Cases of Trafficking in Person

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

Rule in Affidavit of Desistance in the case of Trafficking in Person

–Cases involving trafficking in persons should not be dismissed based on the affidavit of
desistance executed by the victims or their parents or legal guardians. Public and private
prosecutors are directed to oppose and manifest objections to motions for dismissal.

Prescriptive Period of the Crime of Human Trafficking

Trafficking cases under RA 9208 prescribes in ten (10) years; Trafficking cases
committed by a syndicate or in a large scale prescribes in twenty (20) years.

Take Note: RA 10364 inserted that if trafficking in person committed against a child it will
prescribe in 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, or in the case of a child victim, from the
day the child reaches the age of majority”

What is Inter-Agency Council Against Trafficking?

 The Inter-Agency Council Against Trafficking (IACAT) is the body mandated by law to
coordinate and monitor the implementation of Republic Act No. 9208, or the Anti-
Trafficking in Persons Act of 2003, with the Department of justice as the lead agency. It
was formed under section 20 of R.A. 9208.

 The IACAT conducts many different projects geared towards the elimination of trafficking
in persons in the Philippines, prevention of the occurrence of trafficking, the protection
and rehabilitation of victims and conviction of trafficking offenders.

Organizational Structure of IACAT

–The Inter-Agency Council Against Trafficking composed of the Secretary of the Department
of Justice as Chairperson and the Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the following as members:

"(a) Secretary, Department of Foreign Affairs;

"(b) Secretary, Department of Labor and Employment;
"(c) Secretary, Department of the Interior and Local Government;
"(d) Administrator, Philippine Overseas Employment Administration;
"(e) Commissioner, Bureau of Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine Commission on Women;
"(h) Chairperson, Commission on Filipinos Overseas;
"(i) Executive Director, Philippine Center for Transnational Crimes; and
"(j) Three (3) representatives from NGOs, who shall include one (1) representative each from
among the sectors representing women, overseas Filipinos, and children, with a proven record
of involvement in the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency representatives of the Council,
for appointment by the President for a term of three (3) years.
Rule on Extra-Territorial Jurisdiction in cases of human trafficking
The State shall exercise jurisdiction over any act defined and penalized under this Act, even if
committed outside the Philippines and whether or not such act or acts constitute an offense at
the place of commission, the crime being a continuing offense, having been commenced in the
Philippines and other elements having been committed in another country, if the suspect or
accused:

"(a) Is a Filipino citizen; or

"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.
What protections are given to trafficked persons?
*Legal Protection
 Trafficked persons are recognized as victims of trafficking and shall not be penalized for
crimes directly related to the acts of trafficking or in obedience to the order made by the
trafficker. The consent of the victim to the intended exploitation is already irrelevant.
 "Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act
are not covered by Article 202 of the Revised Penal Code and as such, shall not be
prosecuted, fined, or otherwise penalized under the said law."

*Free Legal Assistance

 Trafficked persons shall be provided with free legal services which shall include
information about the victim’s rights and the procedure for filing complaints, claiming
compensation and such other legal remedies available to them, in a language
understood by the trafficked person.
 For victims of international trafficking, the DFA shall provide free legal assistance and
counsel to pursue legal action against his or her traffickers, represent his or her interests
in any criminal investigation or prosecution, and assist in the application for social
benefits and/or regular immigration status as may be allowed by the host country.

*Right to Privacy and Confidentiality

 Law enforcement officers, prosecutors, judges, court personnel, social workers and
medical practitioners as well as parties to the case, shall protect the right to privacy of
the trafficked persons at any stage of the investigation, rescue, prosecution and trial.
The name and personal circumstances of the trafficked person or any other information
tending to establish the identity of the trafficked person and his or her family shall not be
disclosed to the public.

*Witness Protection Program

 Under Section 18 of RA 10364, trafficked victims are entitled to the Witness Protection
and Benefits Program established under RA 6981.
 Trafficked persons who will testify or are testifying or about to testify before any judicial
or quasi-judicial body, or before any investigating authority, may be admitted to the
Program.

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
exploitation after the illegal
entry of one person from one
place to another or one
country to another
There is a need to prove the
presence of exploitation or
that the recruitment was
facilitated for the purpose of
exploitation
Considered a human rights
issue
Characterized by facilitating Characterized by facilitating,
entry of one person from one for a fee, the illegal entry of a
country to another through an person into a foreign country
unauthorized or unlicensed
agency
Mere recruitment without Proof of illegal entry by none
license is punishable, no compliance with the
need to prove the necessary requirements for
consequential exploitation travel
Considered a migration Considered a migration
concern concern

Interviewing considerations on human trafficking cases

 Investigators should work together when interviewing victims and witnesses to avoid
having multiple interviews on record with conflicting information. chapter 5 Law
enforcement and prosecution 189
 Even when an interview has established trust with victims and witnesses, they may
never provide a full account in a single interview. Aside from the trauma they have
suffered, other sociological and psychological barriers impede the process, including
sociocultural differences, language and gender.
 Gender issues significantly affect the interviewer’s capacity to obtain information.
Trafficked women and children frequently suffer sexual abuse and violence and may be
reluctant to seek assistance because of the shame and stigmatization which may flow
from disclosing their experiences. Men, particularly those from a culture with a traditional
view of masculinity, may not want to admit their victimization because they fear that their
disclosure of losing control of their lives may lead to perceptions of diminished
masculinity. For these reasons, men and women may perhaps be more willing to talk to
law enforcement personnel and service providers of the same gender.
 Investigators who are fluent in the language of the person they are interviewing and
have cultural affinity with the person may have more success.
TERRORISM
What is Terrorism?
Definition of Terrorism
•United Nations definition: any act intended to cause death or serious bodily injury to a
civilian, or to any other person not taking an active part in the hostilities in a situation of armed
conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or
to compel a government or an international organization to do or to abstain from doing any act.
Terrorist Group- any group practicing or has significant subgroups that practice terrorism.

Historical Overview on Terrorism

•The 1960s and 1970s also saw the emergence of a new type of nationalism called separatism.
This describes indigenous ethnic groups who have long lived in a province, but want to separate
from their host nation and start their own country.
•In the 1980s, the War on Drugs was launched by the United States, and the word "narco-
terrorism" came into the vocabulary (Ehrenfeld 1990).
Typology of Terrorism
Terrorism Classified by Place:
•Domestic -- by residents of a country within that country;
•International -- by representatives of a country against another country;
•Non-state -- extremism and revolution for its own sake ;
•State-sponsored -- by a government against its own people or in support of international
terrorism against another government; • Internecine -- conflict that spills over into another
country or fought on foreign soil
Terrorism Classified by Issue
•Revolutionary -- aims to replace the existing government by drawing out repressive responses
which can be exposed as inhumane (Red Army Faction, PLO, Hezbollah)
• Political -- heavily armed groups tending to be focused around supremacy, government
intrusion, or religious revisionism (Aryan Nation, Posse Comitatus, Freemen)
• Nationalist -- promotes the interests of a minority or religious group that has been persecuted
under majority rule (Sikh radicals, Muslim fundamentalism)
Modes of Attack and Tactics
The basic tactics are:
(1) rolling, in which the terrorists drive a vehicle by in what amounts to a hit-and-run maneuver;
(2) ambush, which is a standard platoon-level military maneuver drawing the enemy into a line
of fire;
(3) standoff, which is a back-against-the-wall maneuver, usually with an escape plan; and the
advanced tactics are
(4) boutique, which usually involve a combination of modes of attack, but are intended primarily
to have a large impact;

The modes of attack, or weapon systems, are :

(1) traditional -when makeshift or ordinary weapons are used;
(2) technological -when weapons of mass destruction, such as nuclear, chemical, or biological,
are used; (3) cyber -- when viruses, computer attacks, or destruction of information
infrastructure occur; and
(4) narco -when flooding a market with drugs is used.

A. Characteristics of Terrorists

There is no single profile exist, no predictive tests, and studies provide general characteristics.
a. Socioeconomics Status: Middle class to upperclass backgrounds, some extremely wealthy.
b.Education and Intellect: they have higher than average education; often average or higher
intelligence; and usually have a secular education.

B. Types of Targets
1. Soft targets- a person or thing that is relatively unprotected or vulnerable; hard to defend
against attack i.e. highly accessible and generally great in number.
Examples: hotels, schools, hospitals, places of worship, apartment buildings, public
transportation, banks, etc.

2. Hard targets- a structure that has been fortified against attack i.e. limited accessible and
generally few in numbers.
Examples: military bases, government buildings, military convoys, hardened
motorcades.

What is terrorist safe haven?

A terrorist safe haven is an area of relative security exploited by terrorists to indoctrinate,
recruit, train, and regroup, as well as prepare and support their operations. The most intractable
safe havens worldwide are near international boarders or are in regions where ineffective
governance allows their presence.
The Al Qaeda

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

LEGAL FRAMEWORK AND INVESTIGATION OF THE CRIME OF TERRORISM

A. Legal Definition of Terrorism

REPUBLIC ACT NO. 9372 (AN ACT TO SECURE THE STATE AND PROTECT
OUR PEOPLE FROM TERRORISM ), otherwise known as “ Human Security Act of
2007” defined Terrorism as “ Any person who commits an act punishable under any of
the following provisions of the Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d‘Etat), including acts committed by private persons;
Article 248 (Murder);
4. Article 267 (Kidnapping and Serious Illegal Detention);
5. Article 324 (Crimes Involving Destruction,

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

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

Who are the Persons Liable for the Commission of Terrorism?

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

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

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

Notwithstanding the above paragraph, the penalties prescribed for accessories

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

Surveillance of Suspects and Interception and Recording of Communications

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

Contents of the Court Order Authorizing the Law Enforcement Authorities to Conduct
Surveillance of the Suspected Terrorist

1. The identity, such as name and address, if known, of the charged or suspected person if
the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully
known, such person shall be subject to continuous surveillance provided there is a
reasonable ground to do so;

2. The identity (name, address, and the police or law enforcement organization) of the
police or of the law enforcement official, including the individual identity (names, addresses,
and the police or law enforcement organization) of the members of his team, judicially
 authorized to track down, tap, listen to, intercept, and record the communications,
messages, conversations, discussions, or spoken or written words;

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

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

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

The authorizing division of the Court of Appeals may extend or renew the said
authorization for another non-extendible period, which shall not exceed thirty (30) days from
the expiration of the original period:

Custody and Disposition of Intercepted and Recorded Communications.

All recordings/ any information made pursuant to the authorization of the authorizing
division of the Court of Appeals, shall, within forty-eight (48) hours after the expiration of the
period fixed in the written order of the authorizing division of the Court of Appeals or within
forty-eight (48) hours after the expiration of any extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing Division of the
Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant police or law enforcement official and the
members of his team.

Take Note: Any person who removes, deletes, expunges incinerates, shreds or destroys the
items enumerated above shall suffer a penalty of not less than six (6) years and one day to
twelve (12) years of imprisonment.

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

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

The Anti-Terrorism Council

An Anti-Terrorism Council, hereinafter referred to, for brevity, as the Council, is hereby
created. The members of the Council are: (1) the Executive Secretary, who shall be its
chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the
Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the
Interior and Local Government; (6) the Secretary of Finance; and (7) the National Security
Advisor, as its other members.
 The National Intelligence Coordinating Agency shall be the Secretariat of the Council.
The Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the
Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces
of the Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational
Crime, and the Philippine National Police intelligence and investigative elements shall serve as
support agencies for the Council.

What are the Functions of the Anti-Terrorism Council?

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

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

and acts of terrorism in the country;

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

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

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

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

4. Establish and maintain comprehensive data-base information systems on

terrorism, terrorist activities, and counter-terrorism operations;

5. Freeze the funds property, bank deposits, placements, trust accounts, assets
and records belonging to a person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism, pursuant to Republic Act No. 9160
otherwise known as the Anti-Money Laundering Act of 2001, as amended;

6. Grant monetary rewards and other incentives to informers who give vital
information leading to the apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for the crime of terrorism or
conspiracy to commit terrorism;

7. Establish and maintain coordination with and the cooperation and assistance
of other nations in the struggle against international terrorism; and

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

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

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

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

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

Who are the Prominent Terrorist Groups in other countries?

 Al Qaeda
 Osama Bin Laden
 Dr. Al- Zawahiri
 Hamas
 Hezbollah
 Jemaah Islamiya

Who are the Terrorist Group in the Philippines?

 Rajah Solaiman Movement
 Abu Sayyaf Group
 NPA/CPP
 MNLF
 MILF
 BIFF

MONEY LAUNDERING
What is Money Laundering?

General Definition- Money laundering is a crime whereby the proceeds of an unlawful activity
are transacted, thereby making them appear to have originated from legitimate sources.

*Money laundering is committed by any person who, knowing that any monetary instrument or
property represents, involves, or relates to the proceeds of any unlawful activity:

1. Transacts said monetary instrument or property;

2. Converts, transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property;
3. Conceals or disguises the true nature, source, location, disposition, movement or ownership
of or rights with respect to said monetary instrument or property;
4. Attempts or conspires to commit money laundering offenses referred to in paragraphs (a), (b)
or (c);
5. Aids, abets, assists in or counsels the commission of the money laundering offenses referred
to in paragraphs (a), (b) or (c) above; and
6. Performs or fails to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraphs (a), (b) or (c) above.

"Money laundering is also committed by any covered person who, knowing that a covered or
suspicious transaction is required under this Act to be reported to the Anti-Money Laundering
Council (AMLC), fails to do so."

REPUBLIC ACT NO. 9160 - otherwise known as the "Anti-Money Laundering Act of 2001
which was on approved on September 29, 2001, served as the legal framework of the
Philippines’ countermeasures against money laundering.

REPUBLICT ACT NO. 9194 - AN ACT AMENDING REPUBLIC ACT NO. 9160,

REPUBLICT ACT NO. 10365 - AN ACT FURTHER STRENGTHENING THE ANTI-MONEY

LAUNDERING LAW, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9194 and 9160

IMPORTANT DEFINITIONS

* Covered Persons – (1.)This refers to banks, non-banks, quasi-banks, trust entities, foreign
exchange dealers, pawnshops, money changers, remittance and transfer companies and other
similar entities and all other persons and their subsidiaries and affiliates supervised or regulated
by the Bangko Sentral ng Pilipinas (BSP); (2). Insurance Companies and other institutions
regulated by Insurance Commission. (3) securities dealers, brokers, salesmen, investment
houses and other similar persons/ institution regulated by SEC (4)etc.

* Covered transaction - is a transaction in cash or other equivalent monetary instrument

involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one (1)
banking day.”

Take Note: Under RA 9160, the covered transaction involving a total amount in excess of Four
million Philippine pesos (Php4,000,000.00) or an equivalent amount in foreign currency based
on the prevailing exchange rate within five (5) consecutive banking days

* “Monetary instrument”- refers to(1) coins or currency of legal tender of the Philippines, or of
any other country; (2) drafts, checks and notes; (3) securities or negotiable instruments, bonds,
commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and confirmations of sale or investments and
money market instruments; and (4) other similar instruments where title thereto passes to
another by endorsement, assignment or delivery.

*Unlawful activity’ refers to any act or omission or series or combination thereof involving or
having direct relation to the following:

"(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised
Penal Code, as amended;

"(2) Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous Drugs Act of 2002;
"(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act;

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

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

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

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

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

"(9) Swindling under Article 315 and Other Forms of Swindling under Article 316 of the Revised
Penal Code, as amended;

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

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

"(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder,
as defined under the Revised Penal Code, as amended;

"(13) Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3
and 4 of Republic Act No. 9372;

"(14) Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and
8 of Republic Act No. 10168, otherwise known as the Terrorism Financing Prevention and
Suppression Act of 2012:

"(15) Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and
Corruption of Public Officers under Article 212 of the Revised Penal Code, as amended;

"(16) Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215 and 216 of the
Revised Penal Code, as amended;

"(17) Malversation of Public Funds and Property under Articles 217 and 222 of the Revised
Penal Code, as amended;

"(18) Forgeries and Counterfeiting under Articles 163, 166, 167, 168, 169 and 176 of the
Revised Penal Code, as amended;

"(19) Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the Anti-
Trafficking in Persons Act of 2003;

"(20) Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 705, otherwise
known as the Revised Forestry Code of the Philippines, as amended;
"(21) Violations of Sections 86 to 106 of Chapter VI, of Republic Act No. 8550, otherwise known
as the Philippine Fisheries Code of 1998;

"(22) Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as
the Philippine Mining Act of 1995;

"(23) Violations of Section 27(c), (e), (f), (g) and (i), of Republic Act No. 9147, otherwise known
as the Wildlife Resources Conservation and Protection Act;

"(24) Violation of Section 7(b) of Republic Act No. 9072, otherwise known as the National Caves
and Cave Resources Management Protection Act;

"(25) Violation of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act of 2002,
as amended;

"(26) Violations of Sections 1, 3 and 5 of Presidential Decree No. 1866, as amended, otherwise
known as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing
In, Acquisition or Disposition of Firearms, Ammunition or Explosives;

"(27) Violation of Presidential Decree No. 1612, otherwise known as the Anti-Fencing Law;

"(28) Violation of Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers
and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022;

"(29) Violation of Republic Act No. 8293, otherwise known as the Intellectual Property Code of
the Philippines;

"(30) Violation of Section 4 of Republic Act No. 9995, otherwise known as the Anti-Photo and
Video Voyeurism Act of 2009;

"(31) Violation of Section 4 of Republic Act No. 9775, otherwise known as the Anti-Child
Pornography Act of 2009;

"(32) Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610,
otherwise known as the Special Protection of Children Against Abuse, Exploitation and
Discrimination;

"(33) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known
as the Securities Regulation Code of 2000; and

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

Prosecution of Money Laundering

"(a) Any person may be charged with and convicted of both the offense of money laundering
and the unlawful activity as herein defined.
"(b) The prosecution of any offense or violation under this Act shall proceed independently of
any proceeding relating to the unlawful activity."
Creation of Anti-Money Laundering Council (AMLC). – The Anti-Money Laundering Council is
hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as
Chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities
and Exchange Commission, as members.

Money Laundering Process

1. Placement. The physical disposal of cash proceeds derived from the unlawful activity. The
aim is to remove cash from the location of acquisition to avoid detection.

2. Layering. Separating illicit proceeds from their source by creating complex layers of financial
transactions designed to disguise the source of money, subvert the audit trail and provide
anonymity. The purpose is to disassociate the illicit proceeds from the unlawful activity by
creating intentionally a complex web of financial transactions aimed at concealing any audit trail
as well as the source and ownership of funds.

3. Integration. The final stage in the process at which the money is integrated into legitimate
economic and financial systems and is assimilated with all the other assets in the system.

Drug Trafficking
What is Drug Trafficking?

Drug Trafficking is the illegal cultivation, culture, delivery, administration, dispensation,

manufacture, sale, trading, transportation, distribution, importation, exportation and possession
of any dangerous drug and/or controlled precursor and essential chemical.

Some Techniques Used by Drug Traders When Crossing Borders

1. Avoiding border checks, such as by small ships, small aircraft, and

through overland smuggling routes.

2. Submitting to border checks with the drugs hidden in a vehicle, between

other merchandise, in luggage, in or under clothes, inside the body, etc.

3. Buying off diplomats to smuggle drugs in diplomatic mail/ luggage to

avoid border checks.

4. Using Mule, i.e.a lower-echelon criminal recruited by a smuggling

organization to cross a border carrying drugs, or sometimes an
unknowing person whose bag or vehicle the drugs are planted, for the
purpose of retrieving them elsewhere.
A Drug Syndicates is a group of organized and professional criminals with a formal hierarchy of
organization set in illicit drug trade, it is otherwise known as “DRUG CARTEL”

UNITED STATES OF AMERICA

• The world’s largest market for illegal drugs.

• Marijuana, Cocaine and Heroin
 The most heavily abused drugs
Methamphetamine
 The cause of the fastest-growing drug problem in the United States.

DRUG ENFORCEMENT ADMINISTRATION (DEA)

The Federal Agency responsible for controlling the spread of illegal drugs in the
United States and abroad.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

Created through Republic Act No. 9165 “Comprehensive Dangerous Drugs Act
of 2002” under the Dangerous Drugs Board.
PDEA is under the Office of the President
SOUTHEAST ASIAN REGION
Considered as a “hot spot” in relation to the drug trade.
• China – leading producer of opium poppy
• The “Golden Triangle” – manufactures opium and heroin.

Cybercrime
By now, most people are aware of the concept of cybercrime, but may not understand the full
ramifications or the full cost of cybercrime. Hacking for the purposes of stealing financial or personal
information is possibly one of the most well-known types of cybercrime, but it is far from being the only
type of cybercrime there is. Here is an overview of cybercrime: what it is, the difficulties in prosecuting
cybercrime and what can be done about it.

What is Cybercrime?
In short, cybercrime is any type of illegal activity that takes place via digital means. Data theft is,
of course, one of the most common types of cybercrime, but cybercrime also includes a wide range of
malicious activity as well, such as cyberbullying or planting worms or viruses. Cybercrimes can be
divided into two distinct categories: those that cause intentional damage and those that cause
unintentional damage. In most cases, the damage is financial but not always.

Cyberbullying, for instance, is illegal when it constitutes a threat to a person's physical safety, involves
coercion or displays hate or bias against certain protected populations. In that case, the damage is not
financial, but it is still a crime. Unintentional damage might include a disgruntled employee planting a
"harmless" virus that disrupts business in any way. While it may not cause the same immediate financial
damage as stealing proprietary or financial information, it still causes collateral financial damage due to
both lost employee time and whatever money the company has to spend to fix the problem.

What are the common forms of cybercrime?

Common forms of cybercrime include:

 phishing: using fake email messages to get personal information from internet users;
 misusing personal information (identity theft);
 hacking: shutting down or misusing websites or computer networks;
  spreading hate and inciting terrorism;
 distributing child pornography;
 grooming: making sexual advances to minors.

Love Bug/ILOVEYOU Virus by Onel De Guzman

A virus with the vision of creating a program that is capable of stealing passwords in
computers, ultimately to have free access to the internet.

R.A. 9775-Anti- Child Pornography Act of 2009

"Child Pornography Refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child
engaged or involved in real or
simulated explicit sexual activities.

THE "ANT-PHOTO AND VIDEO VOYEURISM ACT OF 2009

The anti-Photo and Video Voyeurism Act of 2009, formerly known as the "Anti-Cyberboso Bill”
aims to protect the dignity and privacy of all Filipinos and guarantees full respect for human
rights. "As Filipinos, it is our obligation to look after our fellowmen. This bill is one way of
protecting our kababayans legistativey.

 The Bill prohibits taking of photo or video of sexual activities, private parts without the
consent of the people concerned, copying and reproducing, Selling, and distributing, and
publishing and broadcasting
such materials.
 According to the bill, imprisonment of not less than three but not more than seven years
with the fine of not less than P100,000, but not more than P 500,00 awaits the
offender/s.

Philippine special laws regulating the use of electronics and computers in Business
and Commerce.

R.A.8792- It is otherwise known as the Electronic Commerce Act of 2000 [E-Commerce Act)

Electronic Commerce - Strictly speaking, E-commerce refers to any transactions

conducted through digital means. It includes business- to-business transactions and sales
merchandise or information and products to consumers. Though the term originally means
“selling on-line”, it has evolved to mean conducting business on-line ina amore general
sense, including customer service functions, sales, marketing, public relations, advertising
and other similar matters.

Intellectual Property

What is IP or Intellectual Property?

Generally, it refers to any product of the human intellect that is deemed unique and
potentially valuable in the marketplace, including an idea, invention, literary creation, unique
name, business method, industrial process, chemical formula, and computer program.
 What is IP Rights in the Philippines?

The term “intellectual property rights” consists of:

a) Copyright and Related Rights;

b) Trademarks and Service Marks;

c) Geographic Indications;

d) Industrial Designs;

e) Patents;

f) Layout-Designs (Topographies) of Integrated Circuits; and

g) Protection of Undisclosed Information (n, TRIPS).

A. Copyrights

WHAT are Copyrights?

Copyright is a legal term used to describe exclusive rights granted to authors, artists and
other creators for their creations. The IP Code extends legal protection in the form of copyright
to the owner of the rights of an original work, such as art, music, writing, movies, and software
and other works listed in Section 172 of the IP Code.

How LONG does legal protection last? Legal protection lasts for fifty (50) years after the
death of the author of the original or derivative work. For photographic and audio-visual works,
the term is fifty (50) years from the date of publication.

B. Patents

WHAT are Patents?

Patents (also known as "Letter Patents" in the Philippines) are defined as rights granted
to an inventor of a technical solution of a problem in any field of human activity that is: • NEW •
involves an INVENTIVE STEP • and is INDUSTRIALLY APPLICABLE.

A patent confers its owner the exclusive right to restrain, prohibit and prevent any
unauthorized person or entity from making, using, offering for sale, selling or importing the
patented product. If the subject matter of the patent is a process, then the right granted is the
right to restrain, prohibit and prevent any unauthorized person or entity from using the process,
and from manufacturing, dealing in, using, selling or offering for sale, or importing any products
obtained directly or indirectly from such process.

How LONG does legal protection last?

 Protection for patents lasts for twenty (20) years from filing of application, subject to
payment of annuities for validity. A utility model registration’s term is seven (7) years after the
filing date of the application and is not renewable. Patent rights belong to the inventor, his heirs,
or assignees. When two or more persons have jointly made an invention, the right to a patent
shall belong to them jointly.

C. Industrial designs

WHAT are Industrial designs?

An industrial design is any composition of shape, lines, colors, or a combination thereof, or

any three-dimensional form, whether or not associated with shape, lines, or colors, which
produce an aesthetic and ornamental effect in their tout ensemble or when taken as a whole;
Provided, that such composition or form gives a special appearance to and can serve as pattern
for an industrial product or handicraft. Industrial products include articles of manufacture that
belong to the useful or practical art, or any part including thereof, which can be made and sold
separately.

An industrial design must be any new or original creation relating to the ornamental features of
shape, configuration, form, or combination thereof, of an article of manufacture, whether or not
associated with lines, patterns or colours, which impart an aesthetic and pleasing appearance to
the article.

How LONG does legal protection last? An industrial design registration is valid for a period of
five (5) years from the date of the application and is renewable for two consecutive five (5) year
periods by paying the renewal fee. The maximum total duration is fifteen (15) years.

D. Trade Marks

WHAT are Trade Marks?

A trade mark is any visible sign capable of distinguishing the goods (trade mark) or services
(service mark) of an enterprise and can include a stamped or marked container of goods.

The IP Code highlights marks that cannot be registered, this may consist of:

 immoral, deceptive or scandalous matters,

 the flag or coat of arms or other insignia of the Philippines, any of its political
subdivisions or that of a foreign nation, or any simulation thereof;
 a name, portrait or signature identifying a particular living individual except by his written
consent;
 shapes that may be necessitated by technical factors or by the nature of the goods
themselves or factors that affect their intrinsic value;
 colour alone, unless defined by a given form; or
 something contrary to public order or morality.
 Colour, or a combination of colours alone, cannot be registered, unless defined by a
given form.

How LONG does legal protection last? Ten (10) years from registration date, subject to filing
of DAU within three (3) years from application filing date and within one (1) year from the 5th
anniversary of the registration date. The registration may be renewed for periods of ten (10)
years.

F. Trade Secrets

WHAT are Trade Secrets?

Whilst the IP Code includes “protection of undisclosed information” as one of the intellectual
property rights, it does not define it. Presently, there is no law that defines trade secrets in the
Philippines but the Supreme Court, in the case of Air Philippines Corp. v. Pennswell Inc., G.R.
172835, 13 December 2007, adopted the definition of the term from Black’s Law Dictionary:

A trade secret is defined as a plan or process, tool, mechanism or compound known only to its
owner and those of his employees to whom it is necessary to confide it.

A trade secret can be protected indefinitely as long as the secret is commercially valuable, its
value derives from the fact that it is secret, and the owner take reasonable precautions to
maintain its secrecy.

 Environmental Crimes
Major environmental problems includes pollution, illegal mining and logging,
deforestation, dynamite fishing, landslide, coastal erosion, wildlife extinction, global warming
and climate change.

 Crimes and Politics or Political Crime

Is an offense involving overt acts or omissions, which prejudice the interest of the state, its
government, or the political system.

ORGANIZED CRIME INVESTIGATION

CONCEPT OF ORGANIZED CRIME

What is ORGANIZED CRIME?

it is criminal activity by an enduring structure or organization developed and devoted
primarily to the pursuit of profits through illegal means.
it flourishes when a central government and civil society is disorganized, weak, absent or
untrusted, particularly if the society lacks string and established institutions and the rule of law.

HOW DO ORGANIZED CRIMINAL GROUP WORKS?

-significantly, criminal group works effectively through the following:
a) AN ENFORCER- one who make arrangement for killing and injuring (Physically,
economically, and psychologically) the member or non-member.
b) A 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 punishments.
c) A CORRUPTEE - a public official, usually not member of the organization family, who
can wield influence on behalf of the organizations interest.
What are the CHARACTERISTICS OF ORGANIZED CRIMES?

1. It is conspiracy activity involving 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 crimes does not include terrorist dedicated to political change.

What are the generic types of Organized Crimes?

a) POLITICAL GRAFT
- Manned by political criminals (political graft), who use force and violence of a
means to obtain profit or gain, and or achieving political aims or ambitions. An
example of this is vote buying and the employment of private armies to control a
certain political area.
-

b) THE MERCENARY/PREDATORY ORGANIZED CRIME

- Crimes committed by groups for direct personal profit but prey upon unwilling
victims.

c) IN-GROUP ORIENTED ORGANIZED CRIME

- Group manned by semi organized individual whose major goals are for
psychological gratification such as adolescent gangs.

d) 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.

ESSENTIALL COMPOSTTION OF ORGANIZED CRIME

- Organized crime needs professional criminals to successfully operate in the organization

What is PROFESSIONAL CRIMES?

- Refers to occupations or their incumbents, which possess various traits including useful
knowledge that requires lengthy training, service orientation and code of ethics that permits
occupations to attempt to obtain autonomy and independence with high prestige a
renumeration.

Characteristics of Professional Crimes (Sutherland)

a. Crime is sole means of livelihood.

b. Careful planning and reliance upon technical skills and methods
c. Offenders are of migratory life Style.
d. The group shared a sense of belongingness, rules, codes of behavior and mutual specialized
language.

Characteristics of Professional Crimes (Quinney)

a. Crime is a sole means of livelihood or economic gain
b. There is highly developed criminal career
c.There is considerable skill involved
d. Group of professional career offender
e. Hard to detect by authorities and can be able to avoid imprisonment.

What are the attributes of OCG?

Although there is no generally accepted definition of OC, there have been a number of
attributes identified by law enforcement agencies and researchers as indicative of the
phenomenon.
1. Has no political goals
2. Is hierarchical
3. Has limited or exclusive membership
4. Constitutes a unique subculture
5. Perpetuates itself
6. Exhibits a willingness to use illegal violence and bribery
7. Demonstrates specialization/division of labor
8. Is monopolistic
9. Is governed by explicit rules and regulations

Organized crime groups in other countries

 Sicilian Mafia and The Russian Mafia in Europe
 La Cosa Nostra and Latino Gangs in North America
 Wo Sing Wo and 14k in Hong Kong
 Yakuza in Japan
 Warlords of Myanmar
 Taiwan Organized Crime Group
 Nam Cam Gang in Vietnam

Organized Crime Groups in The Philippines

 Francisco Group
 Pentagon Group
 Lexus Group
 Rex “Wacky” Salud Group
 Vic Yu Group
 Superable Family
 Martires Family
 Waray- Waray Group
 Lupo Rhu Group

What Philippine Laws Related to Transnational Crimes?

 Public Safety and Terrorism

1. RA 9372- Human Security Act of 2007

2. RA 6969 – Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990
 3. PD 532- Anti-Piracy and Anti-Highway Robbery Law of 1974
4. PD 1866 as amended by RA 8294- Decree Codifying the law on illegal /Unlawful
possession, manufacture, dealing in, acquisition or disposition of Firearms,
Ammunition and Explosives.

 Trafficking of Human Beings

1. RA 9208- Anti Trafficking in Person Act OF 2003

2. RA 8042- Migrant Workers and Overseas Filipinos Workers Act (Illegal
Recruitment)
3. RA 8043- Inter- Country Adoption Act
4. RA 6955- Anti-Mail Order Bride Act
5. RPC, Article 272- Slavery
6. RPC, Article 341- White Slavery Trade
 Financial and High- Tech Crimes
1. RA 9160 as amended by RA 9194- Anti Money Laundering Act of 2001
2. RA 8792- Electronic Commerce Act of 2000
3. RA 4200- Anti- Wire Tapping Law
 Drug Trafficking/Smuggling

1. RA 9165- The Comprehensive Drug Act of 2002