Sir CAS ORGANIZED CRIME

Table of Contents
Page
Chapter 1- Definition, Nature and Historical
Background of Organized Crime
A. Definitions
B. Attributes Of An Organized Crime
C. Structure Of Organized Crime
D. Organized Crime In The Philippines
Chapter 2- The Transnational Organized Crime

A. Introduction
B. Nature Of Transnational Organized
Crime
C. Types Of Transnational Organized Crime
D. Noted Transnational Organized
Crime Group
Chapter 3- Terrorism As An Organized Crime

A. Introduction
B. Categories Of Terrorism
C. Characteristics Of Terrorists
D. Goals Of Terrorist Plots
E. Ten-Step Attack Planning Cycle
F. Types Of Targets
G. Structure Of Terrorist Organization
H. Sophistication Of Terrorist Organization
I. Information Sharing
J. Terrorist Safe Havens
K. Terrorist Financing
L. Responses To Terrorism
M. The Al Qaeda
Chapter 4- Legal Framework In The Investigation

Of The Crime Of Terrorism
A. Legal Definition Of Terrorism
B. Persons Liable For The Commission Of
Terrorism
C. Surveillance Of Suspects And Interception
And Recording Of Communication
D. Circumstances That The Application
To Conduct Surveillance, Intercept, And
Record The Communication
E. Contents Of The Court Order Authorizing
The Law Enforcement Authorities To Conduct
Surveillance
F. Custody And Disposition Of Intercepted
And Recorded Communication
G. Disposition Of Deposited Materials In The
Court Of Appeals
H. Opening Of Deposited Sealed Envelop Or
Sealed Package At The Court Of Appeals
I. Period Of Detention Without Judicial Warrant

Of Arrest
J. Period Of Detention In The Event Of Actual
Or Imminent Terrorist Attack
K. Penalty For Failure To Deliver Suspects
To The Proper Judicial Authority Within
3 Days
L. The Anti- Terrorism Council
M. Role Of The Commission Of Human
Rights
Chapter 5- Cybercrimes
A. Introduction
B. The Electronic Commerce Act
C. Definition Of Terms
D. Legal Recognition Of Electronic Data
Messages And Electronic Documents
E. Admissibility And Evidential Weight
Of Electronic Data Message Or Electronic
Document
F. Lawful Access
G. Unlawful Acts Punished Under The Electronic
Commerce Act
Chapter 6- Human Trafficking

A. Concepts of Human Trafficking
B. Modalities of Trafficking
C. The Role of Organized Criminal Groups
D. High Profits- Low Risks
E. Anti- Trafficking in Persons Act of 2003
F. Acts Considered As Trafficking in Persons
G. Acts that Promote Trafficking in Persons
H. Qualified Trafficking in Persons
I. Investigation, Prosecution and Trial of the
Crime of Trafficking in Persons
J. Prescriptive Period of the Crime of Human
Trafficking
Chapter 7-Money Laundering

A. Definitions
B. Money Laundering Process
C. Money Laundering Methods
D. The Anti- Money Laundering Act of 2001
E. Definitions
F. Money Laundering Offense
G. Creation of Anti- Money Laundering
Council (AMLC)
H. Authority to Inquire into Bank Deposits
Chapter 8- Criminal Intelligence- Based Investigation

Of Organized/ Syndicated Crime Group
A. Organized/ Syndicated Crime Group
Defined
B. Essential Elements of an Organized Crime
Group
C. Criminal Gangs
D. List for Organized/ Syndicated Crime
Group
1. The Target list
2. The Wanted/ Priority List
3. The Watch List
Chapter 9- The Philippine Center on Transnational

Crime and the Role of INTERPOL in the Global
Campaign against Transnational Organized Crime
A. The Philippine Center on Transnational Crime
B. Powers and Functions
C. Organization Structure
D. Coordinative Mechanism
E. Other Functions
F. The Role of INTERPOL in the Global Fight Against
Transnational Crime
1. Definitions
2. Three Core Service
3. Organizational Structure
4. Rules in its Campaign Against Terrorism
5. Fugitive Investigation
6. The International Notices System
REFERENCES
E. SYLLABUS
Course Code: CDI 4
Course Title: Organized Crime Investigation
Course Description
The study of the nature of organized crimes, their attributes and categories. It
includes international and local organized groups. This also focuses on crimes
committed by a person, group of persons, or corporations while undertaking legitimate
profession or business occupation.
No of Units: 3
No. of Hours Per Week: 3
Objectives:
After the course, the student should be able to:
1. State the concept of organized crime and organized criminal group;

2. Describe attributes, structure and extent of organized crime in the Philippines;
3. Explain the concept of transnational crime;
4. Discuss the different types, categories and noted transnational organized crime
group;
5. Explain the concept the concept, categories of terrorism, the characteristics of
terrorists and its ten-step attack planning cycle;
6. Draw the terrorist’s group organizational structure, how they are financed, and
their modus operandi in attacking their targets;
7. State the legal framework in the investigation and prosecution of a person
suspected of being engaged in terrorism;
8. Recite the concept of cybercrime, its emerging forms and recent punishing
cybercrimes;
9. Explain the concept and nature of human trafficking, its core elements, scope and
modalities of trafficking;
10. Describe the role of organized criminal groups in human trafficking;
11. Discuss how the crime of human trafficking are investigated and prosecuted;
12. State the concept of money laundering how organized crime groups made use of
it in keeping the proceeds of their criminal activities;
13. Classify lists of organized syndicated crime groups and drawing of the top
twenty most wanted person;
14. Discuss the organizational structure of the Philippine Center on Transnational
Crime, its functions and role on the government’s campaign against
transnational organized crime; and
15. Describe the role of INTERPOL in the Global Fight against transnational
organized crime.
Programmed Topics
Chapter 1- Definition, Nature and Historical Background of Organized Crime
A. Definitions
B. Attributes of An Organized Crime
C. Structure of Organized Crime
D. Organized Crime in the Philippines
Chapter 2- The Transnational Organized Crime
A. Introduction
B. Nature of Transnational Organized Crime
C. Types of Transnational Organized Crime
D. Noted Transnational Organized Crime Group
Chapter 3- Terrorism as an Organized Crime
A. Introduction
B. Categories of Terrorism
C. Characteristics of Terrorists
D. Goals of Terrorist Plots
E. Ten-Step Attack Planning Cycle
F. Types of Targets
G. Structure of Terrorist Organization
H. Sophistication of Terrorist Organization
L. Responses to Terrorism
M. The Al Qaeda
Chapter 4- Legal Framework in the Investigation of the Crime of Terrorism

A. Legal Definition of Terrorism
B. Persons Liable for the Commission ofTerrorism
C. Surveillance of Suspects and Interception and Recording Of Communication
D. Circumstances that the Application to Conduct Surveillance, Intercept, and
Record the Communication
E. Contents of The Court Order Authorizing the Law Enforcement Authorities
to ConductSurveillance
F. Custody and Disposition of Intercepted and Recorded Communication
G. Disposition Of Deposited Materials In TheCourt Of Appeals
H. Opening Of Deposited Sealed Envelop OrSealed Package At The Court Of
Appeals
I. Period Of Detention Without Judicial WarrantOf Arrest
J. Period Of Detention In The Event Of ActualOr Imminent Terrorist Attack
K. Penalty For Failure To Deliver SuspectsTo The Proper Judicial Authority
Within 3 Days
L. The Anti- Terrorism Council
M. Role Of The Commission Of HumanRights
Chapter 5- Cybercrimes
A. Introduction
C. Definition Of Terms
D. Legal Recognition Of Electronic DataMessages And Electronic Documents
E. Admissibility And Evidential WeightOf Electronic Data Message Or
ElectronicDocument
F. Lawful Access
G. Unlawful Acts Punished Under The ElectronicCommerce Act
Chapter 6- Human Trafficking
A. Concepts of Human Trafficking

D. High Profits- Low Risks
E. Anti- Trafficking in Persons Act of 2003
F. Acts Considered As Trafficking in Persons
I. Investigation, Prosecution and Trial of the Crime of Trafficking in Persons
J. Prescriptive Period of the Crime of HumanTrafficking
Chapter 7- Money Laundering
A. Definitions
D. The Anti- Money Laundering Act of 2001
E. Definitions
G. Creation of Anti- Money LaunderingCouncil (AMLC)
Chapter 8- Criminal Intelligence- Based Investigation Of Organized/ Syndicated Crime

Group
A. Organized/Syndicated Crime GroupDefined

B. Essential Elements of an Organized Crime Group
C. Criminal Gangs
D. List for Organized/ Syndicated Crime Group
1. The Target list
2. The Wanted/ Priority List
3. The Watch List
Chapter 9- The Philippine Center on TransnationalCrime and the Role of INTERPOL in

the Global Campaign against Transnational Organized Crime

C. Organization Structure
E. Other Functions
F. The Role of INTERPOL in the Global Fight AgainstTransnational Crime
1. Definitions
2. Three Core Service
3. Organizational Structure
4. Rules in its Campaign Against Terrorism
5. Fugitive Investigation
6. The International Notices System
REFERENCES
Chapter 1
DEFINITION, NATURE AND HISTORICAL BACKGROUND OF
ORGANIZED CRIME
A. Definition
Organized Crime. Any crime committed by a person occupying, in an

established division of labor, a position of crime providing
that such division of labor includes of at least one position for the
corruptee and one position for the enforcer.
A crime in which there is more than one offender, and the

offenders are and intended to remain associated with one another
for the purpose of committing crime. The term “Organized Crime”
appears to have emerged in Chicago in 1919, and is associated with
the bootlegging gangs prevalent during that era.
Alphonse Capone, better known as Al Capone or Scarface,

is considered as the most notorious gangster in the U. S. who ran
Chicago with blood and guns.
Organized crime poses a direct threat to national and

international security and stability; it disrupts and compromises
social and economic institutions
Organized crime “is a sophisticated, diversified and

widespread activity that annually drains billions of dollars from
world’s legitimate economy. Its primary objective is economic gain
which is achieved through maintenance of illegal goods and
services, conspiratorial activity, involving the coordination of
numerous persons in the planning and execution of illegal acts or
in the pursuit of legitimate objective by unlawful means.
Organized Criminal Group. A structural group of three or more persons

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

1. It has no political goals. An OC group is not motivated by social doctrine,
political beliefs, or ideological concerns; its goals are money and power.
2. It is Hierarchical. An OC group has a vertical power structure with at

least three (3) permanent ranks- not just a leader and followers—each with
authority over the levels beneath.
3. It has limited or exclusive membership. An OC group significantly limits

membership. Qualification may be based on ethnic background, kinship,
race, criminal record, or similar considerations.
4. It constitutes a unique subculture. OC view themselves as distinct from

conventional society which they frequently view with derision if not
contempt, and therefore not subject to its rules.
5. It perpetuates itself. An OC group constitutes an ongoing criminal

conspiracy designed to persist through time; that is beyond the life of
current membership. Permanence is assumed by the members, and this
provides an important basis for attracting qualified persons to the group.
Thus perpetuating the group’s existence.
6. It has willingness to use illegal violence and bribery. In an OC group,

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

functional positions filled by a qualified members such as:
a) Enforcer- caries out difficult assignments involving the use of violence,

including murder, in a rational manner.
b) Fixer- excels in developing contacts with criminal justice or political

officials and when appropriate, arranges for corruption.
c) Moneymover- an expert in “laundering” illicitly obtained money,

disguising its origin through a string of transactions and investing it in
legitimate enterprises.
d) Intelligence analyst
8. It is monopolistic. An OC group eschews competition. It strives for

hegemony over a particular geographical area, a particular “industry”
legitimate or illegitimate, or a combination of both.
9. Governed by rules and regulations. An OC group, like a legitimate

organization, has a set of rules and regulations that members are expected
to follow.
C. Structure of Organized Crime Group
1. The Bureaucratic/ Corporate Model
Attributes:
a) A complicated hierarchy
b) An extensive division of labor
c) Positions assigned on the basis if skills
d) Responsibilities carried out in an impersonal manner
e) Extensive written rules and regulations
f) Communication from top of the hierarchy to persons on the bottom,
usually in the written form
2. Patrimonial/ Patron- Client Networks
D. Organized Crime in the Philippines

Organized crime is a multibillion-peso industry in the Philippines, its
earnings account for a substantial portion of the country's gross national product.
By conservative estimate organized crime syndicates generate from P300 to P600
billion pesos per year.
The most successful criminals are part of well-organized and well-funded

syndicates that use their connections with police, military, and civilian officials
so they can operate with virtual impunity. Despite occasional high-profile arrests
and killings of crime bosses, the syndicates thrive, often with the authorities
turning a blind eye while lining their pockets with illicit proceeds from criminal
activities.
Organized crime groups use kinship, community, and ethno-linguistic
networks to get their recruits and to provide a cover for their activities. The
Pentagon , KuratongBaleleng, The Alvin Flores Gangs and the notorious Abu
Sayyaf (Bearer of the Sword) are good examples of organized crime group in the
Philippines who, drawn support from the almost-tribal closeness of
Maguindanaoan clans.
Chapter 2
THE TRANSNATIONAL ORGANIZED CRIME
A. Introduction
Transnational refers to the borders defining territorial boundaries of

nations. The relationships of these nations beyond their borders are treated as
transnational business. Whether it is legitimate or illicit.
According to Bossard, transnational crime is an activity that is considered

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

prevention and/or direct or indirect effects involved more than one country.
On its convention on Transnational Organized Crime (Article 3:2), it

declared that an offense is transnational if it:
1. Is committed in more than one state;

2. In one state but a substantial part of its preparation planning, direction or
control takes place in another state
3. Is committed in one state but involves an organized crime group that
engages in criminal activities in more than one state, or
4. In one State but has substantial effects in another state.
Passas suggested that Transnational Crime is serious enough to warrant State

intervention, and similar to other kinds of acts immortalized by the countries
concerned or by International Law, and where offenders or victims find
themselves in or operated through different jurisdictions.
Transnationalism is focused on non-state transnational actors, out of the

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

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

activities and process, involving the movement of money, information,
and people across frontiers. Transnational process is a process whereby
international relations conducted by government have been
supplemented by relations among private individuals, group and societies
that can and do have important consequences for the course of event.
Transnational organizations seek to mobilize their resources and

optimize their strategies to effectively penetrate the territories in which
they operate. They have a direct link to multinational corporations, also
termed transnational corporations. It was argued that the exploitation by
transnational corporation on poor countries established dependency
relationships, resulting in underdevelopment of dependent economies,
and rampant political corruptions among the elite of dependent countries.
The 5th United Nation Congress on crime prevention in 1975 put it

that transnational corporation’s breed’s economic crimes in the
understanding by dependency theorists, but on broader sense,
transnational crimes include narcotics trafficking, smuggling of illegal
aliens, arms smuggling, frauds and terrorism. As to date, transnational
crimes as seen both theoretically and practically are border crimes that
had become key security issue for policy makers and law enforcement
agencies. Efforts are increasingly shifted from domestic organized crime
to the international arena.
Now, it becomes an everyday lexicon not only of criminologist but

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

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

Historical Types
1. Force Labor and Slavery. Refer to the extraction of work or services

from any person by means of enticement, violence, intimidation or threat, use of
force or coercion, including deprivation of freedom, abuse of authority or moral
ascendency, debt-bondage or deception. White Slavery is engagement in the
business for profit, or enlistment of services of any other person for the purpose
of prostitution. By the end of 17th century the slavery trade was not only
unlawful but desirable branch of commerce, a participation in which was made
the objects of wars, negotiations, and treaties between different European States.
2. Piracy- It is a robbery or forcible depredation on the high seas, without

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

import products secretly contrary to law and especially without duties imposed
by law.
Modern Types
1. Terrorism- Is the illegal use of force against innocent people to

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

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

employee theft and embezzlement. The wide spread use of computers to
record business transactions has encouraged some people to use them for
illegal purposes.
Categories of Computer Crimes
1. Theft of services, in which the criminal uses the computer for

unauthorized purposes or an unauthorized user penetrates the computer
system. Included within this category is the theft of processing time and
services not entitled to an employee?
2. Use of data in a computer system for personal gain.
3. Unauthorized use of computers employed for various types of financial

processing to obtain assets.
4. Theft of property by computer for personal use or conversion to profit.
5. Making the computer itself the subject of a crime e.g. when a virus is
placed in it to destroy data.
Reasons in the Commission of Computer Crimes
1. Personal gain
2. The criminals are typically motivated by revenge for some perceived
wrong
3. A need to exhibit their technical prowess and superiority
4. A wish to highlight the vulnerability of computer security systems
5. A desire to spy on other people’s private financial and personal
information (computer voyeurism)
6. Or a philosophy of open access to all systems and programs.
4. Trans-chemical Environmental Crimes. Environmental crime in

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

of psychoactive substance controlled fewer than three instruments of
international law known as the drug control conventions. Drug trafficking
is also known as “illegal drug trade”.
It is a global drug market activity consisting of production,

distribution, packaging and sale of illegal psychoactive substances. It
simply evolves smuggling across borders and distribution within the
demand country. This set up applies in the local scene where local
producers scouts demand areas for their illegal drug trade.
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.
Primary Means of Distributing Illegal Drugs
1. A hierarchical arrangement which includes the manufacturer who

uses his men to smuggle wholesale and store and distributes the
drugs.
2. A hub-and-spoke layout takes advantage of local gangs and other

localized criminal organization. The cartel is at the center, with
satellite organizations that may provide certain services to the
manufacturer, and then there is a plurality of distinct groups,
each with its own chain. Smuggling is also often accomplished via
small boats and yachts, air vehicle, and by gangs paid with some
of the merchandise. Sometimes small aircraft are disposed of and
burnt immediately after the unloading process.
Wholesaler routinely accept the materials from the

smugglers, cut it and sell it to the distribution chain or chains. For
the most part, wholesalers are not individual people; it is
typically and expansionary endeavor by already established
rogue enterprises, such as Mafias and sometimes local gangs. The
chemically more experienced instances may re-manufacture the
wares to alter the drug purity, or altering the chemical
composition of the materials. Wholesalers may also manufacture
and disseminate general contraband, including non- narcotic
controlled substances, paraphernalia, or any panoptic high-
demand item that they may receive.
Distribution and adulteration may traverse a selectively

chosen group of cartel employees who purchase from a
wholesaler and utilize a prominent population of mules or it may
encompass a heavy chain of users who are selling to finance their
own use.
The Drug Syndicates
A syndicate is a group of organized and professional

criminals with a formal hierarchy of organization set in illicit
drug trade, it is otherwise known as “A DRUG CARTEL”.
Known World’s Notorious Drug Syndicate
1. Columbian Medellin Cartel, which was founded during the

1980’s by Columbian drug lords Pablo Escobar Gaviria and
drug bosses Jose Gonzalo Rodriguez Dacha and the top aid
cocaine barons Juan David and the Ochoa Brothers.
2. The Cali Cartel which is based in the City of Cali. It then

controlled 80% of the cocaine exports from Columbia to the U.S.
It was founded during the 1970’s by Gilberto Rodriguez
Orejuela with his brother Miguel Rodriguez Orejuela, Jose
SantacruzLondono and Helmer “Pacho” Herrera. During the
height of Pablo Escobar’s Medellin Cartel, the two engaged in
constant conflicts.
3. The Norte del Valle, or North Valley Cartel which operated

principally in the north of Valle Del Cauca region of
Columbia. It rose to prominence during the second half of the
1990’s, after the Cali Cartel and the Medellin Cartel fragmented,
and became known as one of the most powerful organizations
involved in illegal drugs trade.
The leading drug lords of the Norte del Valle Cartel

included Diego Leon Montaya Sanchez alias “Don Diego”,
Wilber Varela alias “Jabon” (Soap), and Hernando Gomez
Bustamante alias “Rasquno” (Scratch). Diego Montaya was one
of the list of the FBI’s Ten Most Wanted Fugitives.
Other Organized Crime Groups Involved in the Control of Illicit Drug

Trade
1. The Chinese Mafia Known as the Triad

2. Cosa Nostra based in the US
3. Octopus Napolitan Camorra based in Europe
4. Yakuza of Japan
5. Sicilian Mafia of Italy
6. Trafficking of Human Beings - The illegal organization of

migrants and the exploitation of migrants in destination countries by
organized criminal groups constitute this offensive act. Human
Trafficking/Alien Smuggling, at the level of domestic investigation, have
often fallen within the recruits of different bodies, criminal group engages
in one or the other of the two activities maybe different, which maybe
independent from each other and have different modus operandi,
characteristics of the victims and the relationship with the criminals of
human trafficking differ from those of the victims of smuggling and they
have different political significance over time, while illegal immigration
has always been a national and international priority as problem of
security and public order.
D. Noted Transnational Organized Criminal Groups
Asia
1. Triad in Hong Kong
Triad societies all display some degree of hierarchy, and a typical triad has
members organized by rank. The leader of the triad is known as the “Dragon
Head” or “ChorKwun”. Although hierarchical in nature, triads tend to be strictly
controlled from the top.
Their major international activities include drug trafficking, human

smuggling, prostitution, counterfeiting, smuggling of commodities, business
fraud, credit card fraud and money laundering, theft of vehicles and exporting
stolen vehicles, illegal gambling, extortion and kidnapping.
2. China Originated Criminal Gangs
Chinese criminal gangs started to appear in the 1970’s with the economic
growth. At the same time, Chinese immigrants also establish the Big Circle
Gangs to protect themselves. These groups initially consisted primarily of former
soldiers who left China for Hong Kong. The Big Circle Gang members are
particularly violent, specializing in armed robberies of jewelry stores in Hong
Kong as well as heroin trafficking. The Big Circle Gang is technically not a triad
society, but most Big Circle Gang members are also members of various societies.
Big Circle Gangs started off engaging primarily in localized violent crimes such
as contract killing and armed robbery.
3. Taiwan Criminal Gangs
Two of the largest and most well-known gangs are the United Bamboo
Gang and the Four Seas Gang.
4. Japanese Gangs
The most well-known type of criminal organization in Japan is

Boryukudan or the Yakuza. Boryukudanoriginated mainly from habitual
gamblers called “Bakuto” stall operators called “Tekiya,” who appeared in the
early 17th Century. The boss of the organization in the highest position has
several followers, each of whom is the boss of a secondary level and so on.
There is a tribute system in which organization pays money to the higher

organization that its boss belongs to.
In 2007, the most active Boryukudan in Japan were: Rokudaime

Yamaguchi-gumi (about 20,400 in strength); Sumiyoshi-Kai (about 6, 100 in
strength); and, Inagawa-Kai (about 4,800 in strength).
5. Vietnamese Gang
Vietnamese gangs, mainly based outside Vietnam are known to be highly

mobile and transient. Despite their apparent lack of ties, Vietnamese gang
members are able to utilize contact in various Asian and Central European
countries as these relations were established in refugee camps in South-East
Asia.
Vietnamese crime groups are generally considered to be less organized

but more violent than ethnic Chinese organized crime groups. Chinese organized
criminals then, used ethnic-Vietnamese as foot-soldiers, although recent
evidence suggests that the Vietnamese are no longer as ready to be recruited as
previously.
Vietnamese crime groups are involved in a wide range of transnational

criminal activities including drug trafficking, fraud, auto theft, money
laundering, human trafficking, smuggling of firearms and illegal gambling.
6. United States of America

1. Alien conspiratorial theory
Organized crime is a direct offshoot of a criminal society – the Mafia –that

first originated in Italy and Sicily and now controls racketeering in major U.S.
cities. It is made up of a national syndicate of 25 or so Italian-dominated crime
families that call themselves La Cosa Nostra. The major families have a total
membership of about 1,700 “made men,” who have been inducted into organized
crime families, and another 17,000 “associates”.
New York City contains five families – the Gambino, Columbo (formerly
Profaci), Lucchese, Bonnano, and Genovese families – named after their
“founding fathers”; in contrast, Chicago contains a single mob organization
called the “outfit,” which also influence racketeering in such cities as
Melwaukee, Kansas City, and Phoenix.
Organized crime groups still persist. On January 20, 2011, the Federal
Bureau of Investigation (FBI) conducted one of the largest single-day operations
against the Mafia in FBI history. Federal agents working with local law
enforcement fanned out across Italy, New York, New Jersey and Rhode Island to
arrest 127 people allegedly involved in organized crimes.
Chapter 3
TERRORISM AS AN ORGANIZED CRIME
A. Introduction
Terrorism is a premeditated, politically motivated violence

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

practice international terrorism.
Terrorist Act- any act that is unlawful, involves the use or threatened use
of violence or force against individuals or property is
designed to coerce a government or society and supports
political, ideological, or religious objectives.
B. Categories of Terrorism
1. Civil Disorder- A form of collective violence interfering with the peace,

security, and normal functioning of the community.
2. Political Terrorism- Violent criminal behavior designed primarily to

generate fear in the community, or substantial segment of it, for political
purposes.
3. Non-Political Terrorism- Terrorism that is not aimed at political purposes

but which exhibits “conscious design to create and maintain a high degree
of fear for coercive purposes, but the end is individual or collective gain
rather than the achievement of political objective”.
4. Quasi-Terrorism- The activities incidental to the commission of crimes of

violence that are similar in form and method to genuine terrorism but
which nevertheless lack it essential ingredient It is not the main purpose
of the quasi-terrorists to induce terror in the immediate victim as in the
case of genuine terrorism, but the quasi terrorist uses the modalities and
techniques of the genuine terrorist and produces similar consequences.
5. Limited political Terrorism- Genuine political terrorism is characterized
by a revolutionary approach. It refers to an acts of terrorism which are
committed for ideological or political motives but which are not part of a
concerted campaign to capture control of the State.
6. Official or State Terrorism- It refers to the nation whose rule is based

upon fear and oppression that reach similar to terrorism or such
proportions. It may also be referred to as Structural Terrorism defined
broadly as terrorist acts carried out by governments in pursuit of political
objectives, often as part of their foreign policy.
C. Characteristics of Terrorists
There is no single profile exist, no predictive tests, and studies provide
general characteristics.
a) Socioeconomics Status: Middle class to upperclass backgrounds, some

extremely wealthy.
b) Education and Intellect: they have higher than average education;

often average or higher intelligence; and usually have a secular
education.
c) Age:
 Foot soldiers and operational members: 20 to 35 years old
 Leadership, support, and training cadres: 40 to 60 years old
 Soldiers in guerilla groups: teens
 Suicide Bombers: often young
d) Gender
Women are increasingly used in terrorist activities such as:
 Suicide bombers
 Smuggling of explosives
D. Goals of Terrorist Plots
a) Minimize risk of failure

b) Achieve highest probability for success
c) Avoid opponents strengths
d) Concentrate on opponents weakness
E. Ten- Step Attack Planning Cycle
Step 1-Initial target selection consists of:
a) Development of list of potential targets

b) Objectives and capabilities drive preliminary target selection
c) Factors:
 Desire to destroy target of symbolic or practical significance
 Benefits gain from practical targets
 Access to the target area and security
 Access to documentations
 Availability of weapons
 Transportation needs
 Support network
 Propaganda value
Step 2- Initial Surveillance consists of:

a) Surveillance against pre-selected targets
b) Identify vulnerabilities
c) Weeks to months in advance
Step 3- Final Target Selection and Preparation which:

a) Vulnerabilities receive priority
b) List narrowed
c) Objectives capabilities
Step 4- Pre- Attack Surveillance wherein:

a) Operational cells appear
b) In-depth surveillance is conducted
c) Focus on vulnerabilities
Step 5- Planning by:

a) Evaluating security
b) Recruiting personnel
c) Renting safe houses
d) Designing escape routes
e) Determining methods of attack
f) Selecting weapons and equipment
Step 6- Rehearsal by doing the following

a) Testing the plan
b) Using actual or similar site
c) Evaluating equipment
d) Identifying additional equipment
Step 7- Attack Team deployment whereby the:

a) Team selected based on knowledge, skills and abilities
b) Attack team deployment
c) Cover or concealment near the attack site
Step 8- Execution, which consider the:

a) Advantages
 Surprise
 Choice of attack
 Neutralization of target reaction and security measures
b) Often use diversions or secondary attacks
Step 9: Escape
a) Preplanned escape routes
b) Many included diversions
Step 10: Exploitation

a) Establish notoriety
b) Create terror
c) Increase funding
d) Improve recruitment
e) Use as a tool for exploitation and propaganda
F. Types of Targets
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.
a) Political and Social. Highly symbolic (commemorate battles)
b) Religion as a pretext. Similar targets with greater devastation

(commemorate religious events)
c) Oil and Strategic Commodities
d) Mass Transit System
e) Maritime System
G. Structure of Terrorist Organizations
1. Centralized- a principal command exercises control over the network, makes

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

independently and “lone wolf” terrorist is the ultimate example.
H. Sophistication of Terrorist Organization
Its operations are organized and structured as evidenced by:
a) Use of propaganda
b) Distribution of networks
c) Use of communication techniques
They increase their capabilities through:
1. Direct sharing- one group provides training or experienced personnel.
2. Indirect sharing- one group’s operation is used as a model.
A terrorist safe haven is an area of relative security exploited by terrorists to

indoctrinate, recruit, train, and regroup, as well as prepare and support their
operations. The most intractable safe havens worldwide are near international
boarders or are in regions where ineffective governance allows their presence.
Virtual safe havens are those created by electronic infrastructure such as

internet; global media, and satellite communications and allow terrorists to fulfill
many of their functions virtually. It is highly mobile and difficult to track and
control.
Terrorist organizations obtain and transfer finances to operate in

numerous ways. In the overall world of terror, the well of monies is limited
only by the terrorists imagination and initiative. No one element is pre-eminent,
each has its’ place in the world of terror finance. The following are the mechanics
of terrorist funding:
1. Zakat - The giving of alms for the poor and needy, as prescribed by the
Quran. Zakat is the primary means within the Muslim world for terror
organizations to “legitimately” receive money.
Zakat Collection and Distribution
a) Saudi Arabia collects Zakat by government agency and distributes to

recognized charities. Saudi collections are estimated to exceed $10 Billion.
(Saudi Ministry of Finance and National Economy)
b) Most other countries, both Muslim and non-Muslim do not collect or

control where Zakat money goes.
c) Charities around the globe are rarely checked or audited by government

oversight agencies to see how the monies are spent. The US is a notable
exception.
d) The Internet has numerous Islamic charity sites asking believers to pay the
Zakat to them promising to apply it on their behalf.
e) The giver of Zakat knows only to whom they gave their money, for what
they believe will be the building of schools, mosques and to help the poor.
Once given however, the giver has no further control if the funds are
diverted or a portion is skimmed off for the purchase of weapons,
explosives and operating terror training camps.
f) Many Muslims send their Zakat through Islamic banks. This process is
legal but there is no assurance they have funded a legitimate charity vice a
terrorist group.
g) Zakat funds deposited in Islamic banks are taken off the books and
“disappear” because they are not considered part of the banks assets nor
its liabilities and are not reported. The bank has served only as a
collection agent. The Zakat can then be transferred, without regulation, to
worthy charities as directed by the givers, to any worthy recipient or have
some or all of it skimmed off to Islamic radicals.
h) Islamic Banking -The Islamic banking system has been a mystery to most
in the West. Islamic Banks cannot charge interest on loans. This requires
that the Islamic Bank make its money on its investments. Western style
accounting and auditing practices to monitor and track what those
investments truly involve have only recently been implemented and then
only under international pressure since the attacks on the US.
Zakat funds deposited in Islamic banks are taken off the books and
“disappear” because they are not considered part of the banks assets nor
its liabilities and are not reported. The bank has served only as a
collection agent. The Zakat can then be transferred, without regulation, to
worthy charities as directed by the givers, to any worthy recipient or have
some or all of it skimmed off to Islamic radicals. When conducted as
prescribed by the Quran, serves to legitimately facilitate funds collection
and disbursal. This is particularly true of Zakat funds.
Some of the largest Islamic banks have their headquarters in

Switzerland. The Swiss banking philosophy and governmental regulation,
adds a second layer of secrecy yet gives the banks connectivity with world
banking in general.
2. Hawala
Definition of Hawala
An informal funds transfer system, is the primary means of distributing

smaller sums of money around the world in a safe and record free manner.
Hawala is the best known Informal Funds Transfer (IFT) system.
Interpol estimates India alone to have $680 Billion in transactions annually.
The process uses both legal and illegal means to move money in a way that
avoids record keeping of transmitters and receivers, taxes and customs
duties. It is secure, trust-based, paperless and generally untraceable.
Hawala came into public interest after the 2001 attacks on the US when
it was revealed that much of the money funding the attackers was transferred
by Hawala. It has no formal limitations on amounts but does have practical
limits. It is well suited for terror operations that cost $50-$70K to fund and
complete in a short period of time. It is illegal in many countries including the
US, yet many banks in both Islamic and Western countries utilize this system.
It was originally benign in its historical intent but is now consistently misused
by those who take advantage of its efficiencies. It remains as a cultural
alternative to regulated banking but certainly will continue to adapt further
to accommodate the modern world. The fact that it is being made illegal in
more and more countries will not end the practice in the near term.
3. Money Laundering - A criminal endeavor by which millions of dollars can be

transferred around the world in a single transaction or a series of transactions.
Like Hawala, it remains a working part of the criminal enterprise system.
Increased regulation in the traditional business environment will make
laundering more difficult but will not carry it to extinction.
L. Responses to Terrorism
Responses to terrorism are broad in scope. They can include realignments of the
political spectrum and reassessments of fundamental values. Specific types of
responses include:
1. Targeted laws, criminal procedures, deportations, and enhanced police

powers;
2. Target hardening, such as locking of doors or adding traffic barriers;
3. Preemptive or reactive military actions;
4. Increased intelligence and surveillance activities;
5. Preemptive humanitarian activities; and
6. More permissive interrogation and detention policies.
M. The Al Qaeda
It was in the year 1988 that Al Qaeda, Arabic for “The Base” was founded by
Osama bin Laden, MuhammedAtef, and Ayman al-Zawahiri to continue the
Jihad internationally. Al Qaeda is reportedly headquartered in Afghanistan and
Peshawar, Pakistan.
Al Qaeda’s Organizational Structure
1. The Emir (Chief)

Commander, or chief, in Muslim countries
2. The Chief Counsel

Is the one who gives advice to the Emir
3. Shura, or Consultation Council
This is a group of seasoned terrorists and confidants kown asmajilis

al shurawhoapprove major decisions such as terrorist attacks and the
issuance of fatwas (edicts). The council members play leadership roles in
the organization’s major committees, made up of lower-ranking Al Qaeda
members.
4. The Committees.
a) The Military Committee- oversees recruitment, war, training, and the

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

throughout the world. Each cell engages in missions independent of the
others, and the members and activities of the other cells are kept secret.
Al Qaeda’s Leadership Structure
Emir
Chief Counsel to Emir
Consultation Council
Islamic Study Committee Military Committee Finance Committee
Cells
70,000 members in
more than 60 countries
around the world
6. The Headquarters
Al Qaeda’s early base of operations was near the city of Peshawar

in Pakistan. In 1991 the terrorist group relocated to Sudan and remained
there until 1996. From Sudan, Al Qaeda returned to Afghanistan, where
bin Laden issued the “Declaration of War Against the Americans
Occupying the Two Holy Mosques.” In 1999 it moved to Tora Bora and
ZhawarKili Camp, Afghanistan. At present the whereabouts of the Al
Qaeda leadership are unknown.
7. Special Operations Training
In preparation for special operations, Al Qaeda’s Recruits received

intensive training on the following:
1) Cold steel weapons such as wire, knife and rod

2) Poisons
3) Pistols and rifles
4) Explosives
Methods of Physical and Psychological Torture
1) Isolating the brother socially, cutting him off from the public life, placing
him in solitary confinement, and denying him news and information in
order to make him feel lonely.
2) Forbidding calling him by name, giving the brother number, and calling
him by that number in order to defeat his morale.
3) Threatening to summon his sister, mother, wife, or daughter and rape
her.
4) Threatening to rape the brother himself.
5) Threatening to confiscate his possessions and to have him fired from his
employment.
6) Threatening to cause him permanent disability or life imprisonment.
7) Offering the brother certain enticements (apartment, car, passport,
scholarship, and so on).
8) Using harsh treatment, insults and curses to defeat his morale.
Training in Security and Proper Deportment While on Mission
1) Keep the passport in a safe.

2) All documents of the undercover brother, such as identity cards and
passport, should be falsified.
3) When the undercover brother is traveling with a certain identity card or
passport, he should know all pertinent information such as name,
profession, and place of residence.
4) The brother has special work status [commander, communication link]
should have more than one identity card or passport. He should learn the
contents of each, the nature of the [indicated] profession, and the dialect of
the resident area listed in the documents.
5) The photograph of the brother in these documents should be without
beard. It is preferable that the brother’s public photograph [on these
documents] also be without beard.
6) When using identity documents in different names, no more than one
such documents should be carried at one time.
Security Measures Followed When Travelled on Public Transportation
1) One should select public transportation that is not subject to frequent

checking along the way, such as crowded trains or public buses.
2) Boarding should be done at a secondary station, as main stations undergo
more careful surveillance.
3) The cover should match the general appearance (tourist bus, first class
train, second class train, and so on).
4) The document used should support the cover.
5) Important luggage should be placed among the passenger’s luggage
without identifying who placed it. If it is discovered, its owner would not
be arrested.
6) The brother traveling on a “special mission” should not get involved in
religious issues or day-to-day matters.
7) The brother traveling on a mission should not arrive in the [destination]
country at night because then travelers are few and there are [search]
parties and check points along the way.
8) When cabs are used, conversation of any kind should not be started
because many cab drivers work for security apparatus.
9) The brother should exercise extreme caution and apply all security
measures to the other members.
Chapter 4
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 dâ€˜Etat), including acts committed by private persons;
Article 248 (Murder);
4. Article 267 (Kidnapping and Serious Illegal Detention);
5. Article 324 (Crimes Involving Destruction,
or under
1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)thereby sowing and
creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand
shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40)
years of imprisonment, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
(Section 1 and 3, RA 9372)
B. Persons Liable for the Commission of Terrorism
1. Persons who conspire to commit the crime of terrorism.
2. Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution
of either the crime of terrorism or conspiracy to commit terrorism by previous or
simultaneous acts.
3. Any person who, having knowledge of the commission of the crime of

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

accessories shall not be imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees, with the single exception
of accessories falling within the provisions of subparagraph (a).
C.Surveillance of Suspects and Interception and Recording of Communications
The provisions of Republic Act No. 4200 (Anti-wire Tapping Law) to the
contrary notwithstanding, a police or law enforcement official and the members of
his team may, upon a written order of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or type of electronic or other
surveillance equipment or intercepting and tracking devices, or with the use of any
other suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a
judicially declared and outlawed terrorist organization, association, or group of
persons or of any person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications

between lawyers and clients, doctors and patients, journalists and their sources and
confidential business correspondence shall not be authorized.
D. Circumstances that the Application to Conduct Surveillance, Intercept and Record

the Communications of Suspected Terrorists be Granted by the Authorizing Division
of the Court of Appeals
The written order of the authorizing division of the Court of Appeals to

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

facts or circumstances that the said crime of terrorism or conspiracy to commit
terrorism has been committed, or is being committed, or is about to be
committed;
2. That there is probable cause to believe based on personal knowledge of

facts or circumstances that evidence, which is essential to the conviction of any
charged or suspected person for, or to the solution or prevention of, any such
crimes, will be obtained; and,
3. That there is no other effective means readily available for acquiring

such evidence.
E. Contents of the Court Order Authorizing the Law Enforcement Authorities to

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

prevented; and,
4. The length of time within which the authorization shall be used or carried out.
Any authorization granted by the authorizing division of the Court of

Appeals, pursuant to Sec. 9 (d) of this Act, shall only be effective for the length of
time specified in the written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days from the date of receipt
of the written order of the authorizing division of the Court of Appeals by the
applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the
said authorization for another non-extendible period, which shall not exceed thirty
(30) days from the expiration of the original period: Provided, That the authorizing
division of the Court of Appeals is satisfied that such extension or renewal is in the
public interest: and Provided, further, That the ex parte application for extension or
renewal, which must be filed by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to

file the application for extension or renewal, the one next in rank to the original
applicant among the members of the team named in the original written order of the
authorizing division of the Court of Appeals shall file the application for extension
or renewal: Provided, That, without prejudice to the liability of the police or law
enforcement personnel under Section 20 hereof, the applicant police or law
enforcement official shall have thirty (30) days after the termination of the period
granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutors Office for any
violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law
enforcement official shall immediately notify the person subject of the surveillance,
interception and recording of the termination of the said surveillance, interception
and recording. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement
official who fails to notify the person subject of the surveillance, monitoring,
interception and recording as specified above.
F. Custody and Disposition of Intercepted and Recorded Communications.
All tapes, discs, and recordings made pursuant to the authorization of the
authorizing division of the Court of Appeals, including all excerpts and summaries
thereof as well as all written notes or memoranda made in connection therewith,
shall, within forty-eight (48) hours after the expiration of the period fixed in the
written order of the authorizing division of the Court of Appeals or within forty-
eight (48) hours after the expiration of any extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing
Division of the Court of Appeals in a sealed envelope or sealed package, as the case
may be, and shall be accompanied by a joint affidavit of the applicant police or law
enforcement official and the members of his team.
In case of death of the applicant or in case he is physically disabled to execute

the required affidavit, the one next in rank to the applicant among the members of
the team named in the written order of the authorizing division of the Court of
Appeals shall execute with the members of the team that required affidavit.
It shall be unlawful for any person, police officer or any custodian of the
tapes, discs and recording, and their excerpts and summaries, written notes or
memoranda to copy in whatever form, to remove, delete, expunge, incinerate, shred
or destroy in any manner the items enumerated above in whole or in part under any
pretext whatsoever.
Any person who removes, deletes, expunges incinerates, shreds or destroys

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

information shall be executed by the participating police or law enforcement
operatives shall be executed. Said joint affidavit of the police or of the law
enforcement official and the individual members of his team shall state the
following, to wit:
1. The number of tapes, discs, and recordings that have been made, as well
as the number of excerpts and summaries thereof and the number of
written notes and memoranda, if any, made in connection therewith;
2. The dates and times covered by each of such tapes, discs, and recordings;
3. The number of tapes, discs, and recordings, as well as the number of
excerpts and summaries thereof and the number of written notes and
memoranda made in connection therewith that have been included in the
deposit; and
4. The date of the original written authorization granted by the Anti-
Terrorism Council to the applicant to file the ex parte application to
conduct the tracking down, tapping, intercepting, and recording, as well
as the date of any extension or renewal of the original written authority
granted by the authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies
of the whole or any part of any of such tapes, discs, and recordings, and that no
duplicates or copies of the whole or any part of any of such excerpts, summaries,
written notes, and memoranda, have been made, or, if made, that all such
duplicates and copies are included in the sealed envelope or sealed package, as
the case may be, deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official to

omit or exclude from the joint affidavit any item or portion thereof mentioned in
this Section.
Any person, police or law enforcement officer who violates any of the acts
proscribed in the preceding paragraph shall suffer the penalty of not less than
ten (10) years and one day to twelve (12) years of imprisonment.
G.Disposition of Deposited Materials in the Court of Appeals
The sealed envelope or sealed package and the contents thereof, which are
deposited with the authorizing division of the Court of Appeals, shall be deemed
and are hereby declared classified information, and the sealed envelope or sealed
package shall not be opened and its contents (including the tapes, discs, and
recordings and all the excerpts and summaries thereof and the notes and
memoranda made in connection therewith) shall not be divulged, revealed, read,
replayed, or used as evidence unless authorized by written order of the authorizing
division of the Court of Appeals, which written order shall be granted only upon a
written application of the Department of Justice filed before the authorizing division
of the Court of Appeals and only upon a showing that the Department of Justice has
been duly authorized in writing by the Anti-Terrorism Council to file the application
with proper written notice the person whose conversation, communication, message
discussion or spoken or written words have been the subject of surveillance,
monitoring, recording and interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his
duty to notify in writing the persons subject of the surveillance as defined above
shall suffer the penalty of six (6) years and one day to eight (8) years of
imprisonment.
H. Opening of Deposited Sealed Envelop or Sealed Package at the Court of Appeals.
The written application with notice to the party concerned to open the
deposited sealed envelope or sealed package shall clearly state the purpose or
reason for:
1. Opening the sealed envelope or sealed package;
2. Revealing or disclosing its classified contents;
3. Replaying, divulging, and or reading any of the listened to, intercepted,

and recorded communications, messages, conversations, discussions, or
spoken or written words (including any of the excerpts and summaries
thereof and any of the notes or memoranda made in connection therewith);
and,
4. Using any of said listened to ,intercepted, and recorded communications,

messages, conversations, discussions, or spoken or written words (including
any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his
duty to notify as defined above shall suffer the penalty of six (6) years and one
day to eight (8) years of imprisonment.
I. Period of Detention Without Judicial Warrant of Arrest.
The provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement personnel, who, having been
duly authorized in writing by the Anti-Terrorism Council has taken custody of a
person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall, without incurring any criminal liability for
delay in the delivery of detained persons to the proper judicial authorities,
deliver said charged or suspected person to the proper judicial authority within a
period of three (3) days counted from the moment the said charged or suspected
person has been apprehended or arrested, detained, and taken into custody by
the said police, or law enforcement personnel: Provided, That the arrest of those
suspected of the crime of terrorism or conspiracy to commit terrorism must
result from the surveillance under Section 7 and examination of bank deposits
under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining

the person suspected of the crime of terrorism, present him or her before any
judge at the latter’s residence or office nearest the place where the arrest took
place at any time of the day or night. It shall be the duty of the judge, among
other things, to ascertain the identity of the police or law enforcement personnel
and the person or persons they have arrested and presented before him or her, to
inquire of them the reasons why they have arrested the person and determine by
questioning and personal observation whether or not the suspect has been
subjected to any physical, moral or psychological torture by whom and why. The
judge shall then submit a written report of what he/she had observed when the
subject was brought before him to the proper court that has jurisdiction over the
case of the person thus arrested. the judge shall forthwith submit his/her report
within three (3) calendar days from the time the suspect was brought to his/her
residence or office.
Immediately after taking custody of a person charged with or suspected of

the crime of terrorism or conspiracy to commit terrorism, the police or law
enforcement personnel shall notify in writing the judge of the court nearest the
place of apprehension or arrest: Provided, That where the arrest is made during
saturdays, sundays, holidays or after office hours, the written notice shall be
served at the residence of the judge nearest the place where the accused was
arrested.
The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the police or a law enforcement personnel
who fails to notify any judge as provided in the preceding paragraph.
J. Period of Detention in the Event of an Actual or Imminent Terrorist Attack
In the event of an actual or imminent terrorist attack, suspects may not be

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

Council, is hereby created. The members of the Council are: (1) the Executive
Secretary, who shall be its chairperson; (2) the Secretary of Justice, who shall be
its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of
National Defense; (5) the Secretary of the Interior and Local Government; (6) the
Secretary of Finance; and (7) the National Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility for
the proper and effective implementation of the anti-terrorism policy of the
country. The Council shall keep records of its proceedings and decisions. All
records of the Council shall be subject to such security classifications as the
Council may, in its judgment and discretion, decide to adopt to safeguard the
safety of the people, the security of the Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of
the Council. The Council shall define the powers, duties, and functions of the
National Intelligence Coordinating Agency as Secretariat of the Council. The
National Bureau of Investigation, the Bureau of Immigration, the Office of Civil
Defense, the Intelligence Service of the Armed Forces of the Philippines, the
Anti-Money Laundering Council, the Philippine Center on Transnational Crime,
and the Philippine National Police intelligence and investigative elements shall
serve as support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient,

and effective anti-terrorism plans, programs, and counter-measures to suppress
and eradicate terrorism in the country and to protect the people from acts of
terrorism. Nothing herein shall be interpreted to empower the Anti-Terrorism
Council to exercise any judicial or quasi-judicial power or authority.
Functions of the Anti-Terrorism Council
In pursuit of its mandate in the previous Section, the Council shall have
the following functions with due regard for the rights of the people as mandated
by the Constitution and pertinent laws:
1. Formulate and adopt plans, programs and counter-measures against

terrorists and acts of terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts of

terrorism in the country and mobilize the entire nation against terrorism
proscribed in this Act;
3. Direct the speedy investigation and prosecution of all persons accused

or detained for the crime of terrorism or conspiracy to commit terrorism
and other offenses punishable under this Act, and monitor the progress of
their cases;
4. Establish and maintain comprehensive data-base information systems

on terrorism, terrorist activities, and counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts,

assets and records belonging to a person suspected of or charged with the
crime of terrorism or conspiracy to commit terrorism, pursuant to
Republic Act No. 9160 otherwise known as the Anti-Money Laundering
Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give

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

assistance of other nations in the struggle against international terrorism;
and
8. Request the Supreme Court to designate specific divisions of the Court

of Appeals and regional trial courts in Manila, Cebu City and Cagayan de
Oro City, as the case may be, to handle all cases involving the crime of
terrorism or conspiracy to commit terrorism and all matters incident to
said crimes. The Secretary of Justice shall assign a team of prosecutors
from: (a) Luzon to handle terrorism cases filed in the regional trial court in
Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c)
from Mindanao to handle cases filed in Cagayan de Oro City.
M. Role of the Commission on Human Rights
The Commission on Human Rights shall give the highest priority to the
investigation and prosecution of violations of civil and political rights of persons
in relation to the implementation of this Act; and for this purpose, the
Commission shall have the concurrent jurisdiction to prosecute public officials,
law enforcers, and other persons who may have violated the civil and political
rights of persons suspected of, accused of, or detained for the crime of terrorism
or conspiracy to commit terrorism.
Chapter 5
CYBERCRIMES
A. Introduction
Cybercrime is being defined as the commission of a criminal acts using the

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

materials, bogus get-rich schemes, weight-loss scams etc.
2. Internet Securities Fraud such as market manipulation, fraudulent

offerings of security and illegal touting, i.e. an individual makes securities
recommendations and fail to disclose that they are being paid to
disseminate their favorable opinions.
3. Identity Theft which occurs when a person uses the Internet to steal
someone’s identity and/or impersonate them to open a new credit card
account or conduct some other financial transactions.
Computer Crimes.The use of computers for illegal purposes. Computer

crimes fall into five (5) categories:
1. Theft of Services such as the theft of processing time and services not
entitled to an employee
2. Use of data in a computer system for personal gain
3. Unauthorized use of computers employed for various types of financial

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

such as using a computer to illegally copy and sell software
5. Making the computer itself the subject of crime such as placing virus in it
to destroy data.
Cybercrime and Cyber Terrorism Distinguished
Cyber terrorism is defined as the premeditated, politically motivated attack

against information, computer systems, computer programs, and data which result
in violence against non-combatant targets by subnational groups or clandestine
agents.
Perspectives for Cyberterrorism
1. The motivation behind cyberterrorism maybe the same with any other
terrorism;
2. Cyberterrorism requires technical expertise that exists outside the realm of a

terrorist organization;
3. A system cracker may be hired to execute a Re cyberterrrorism act.
4. The cost of such an act is minimal, and the tools and information are
ubiquitous on existing everywhere.
5. Intelligence gathering on cyberterrorism is difficult. Tradecraft and intelligence

gathering is complicated.
6. The prevention of attacks requires more coordination than almost any form of
terrorism.
Examples:
1. Getting access on the processing control systems of a cereal manufacture,

changing the levels of iron supplement that may cause sickness and possibly kill
children taking it.
2. Attacking air traffic control systems which may cause collision between two
large aircraft, or cracking aircrafts- in cockpit sensors or rail lines.
3. Altering the formulas of medication at pharmaceutical manufacturers.
4. Other analogous acts.
REPUBLIC ACT NO. 8792, otherwise known as “Electronic Commerce

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

electronic data message or electronic document, but does not include a person
acting as an intermediary with respect to that electronic data message or
electronic data document.
2. Computer- refers to any device or apparatus singly or interconnected which,
by electronic, electro-mechanical, optical and/or magnetic impulse, or other
means with the same function, can receive, record, transmit, store, process,
correlate, analyze, projects, retrieve, and/or produce information, data, text,
graphics, figures, voice, video, symbols or other modes of expression or
perform any one or more of these functions.
3. Electronic data Message- refers to information generated, sent, received or
stored by electronic, optical or similar means.
4. Information and Communications System- refers to a system for generating,
sending, receiving, storing, or otherwise processing electronic documents and
includes the computer system or other similar device by or in which data is
recorded or stored and any procedures related to the recording or storage of
electronic document.
5. Electronic Signature- refers to any distinctive mark, characteristic and/or
sound in electronic form, representing the identity of a person and attached
to or logically associated with the electronic data message or electronic
document or any methodology or procedures employed or adopted by a
person and executed or adopted by such person with the intention of
authenticating or approving an electronic data message or electronic
document.
6. Electronic Document- refers to information or the representation of
information, data, figures, symbols or other modes of written expression,
described or however represented, by which a right is established or an
obligation extinguished, or by which a fact may be prove and affirmed, which
is receive, recorded, transmitted, stored, processed, retrieved or produced
electronically.
7. Electronic Key- refers to a secret code which secures and defends sensitive
information that crossover public channels into a form decipherable only
with a matching electronic key.
8. Intermediary- refers to a person who in behalf of another person and with
respect to a particular electronic document sends, receives and/or stores
provides other services in respect of that electronic data message or electronic
document.
9. Originator- refers to a person by whom, or on whose behalf, the electronic
document purports to have been created, generated and/or sent. The term
does not include a person acting as an intermediary with respect to that
electronic document.
10. Service provider- refers to a provider of-
a) Online services or network access or the operator of facilities therefore

including entities offering the transmission, routing, or providing of
connections for online communications, digital or otherwise, between or
among points specified by a user, of electronic documents of the user's
choosing; or
b) The necessary technical means by which electronic documents of an

originator may be stored and made accessible to designated or
undesignated third party.
Such service providers shall have no authority to modify or alter

the content of the electronic document received or to make any entry
therein on behalf of the originator, addressee or any third party unless
specifically authorized to do so, and who shall retain the electronic
document in accordance with the specific request or as necessary for the
purpose of performing the services it was engaged to perform.
D. Legal Recognition of Electronic Data Messages and Electronic Documents
Legal Recognition of Electronic Data Messages
Information shall not be denied validity or enforceability solely on the

ground that it is in the form of electronic data message purporting to give rise to
such legal effect, or that it is merely incorporated by reference in that electronic
data message.
Legal Recognition of Electronic Documents
Electronic documents shall have the legal effect, validity or enforceability

as any other document or legal writing, and-
(a) Where the law requires a document to be in writing, that requirement is met
by an electronic document if the said electronic document maintains its integrity
and reliability and can be authenticated so as to be usable for subsequent
reference, in that–
i. The electronic document has remained complete and unaltered, apart

from the addition of any endorsement and any authorized change, or any
change which arises in the normal course of communication, storage and
display; and
ii. The electronic document is reliable in the light of the purpose for which
it was generated and in the light of all relevant circumstances.
(b) Paragraph (a) applies whether the requirement therein is in the form of an
obligation or whether the law simply provides consequences for the document
not being presented or retained in its original form.
(c) Where the law requires that a document be presented or retained in its
original form, that requirement is met by an electronic document if-
i. There exists a reliable assurance as to the integrity of the document from

the time when it was first generated in its final from; and
ii. That document is capable of being displayed to the person to whom it is

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

functional equivalent of a written document under existing laws.
Legal Recognition of Electronic Signatures
An electronic signature on the electronic document shall be equivalent to

the signature of a person on a written document if the signature is an electronic
signature and proved by showing that a prescribed procedure, not alterable by
the parties interested in the electronic document, existed under which-
(a) A method is used to identify the party sought to be bound and to indicate
said party's access to the electronic document necessary for his consent or
approval through the electronic signature;
(b) Said method is reliable and appropriate for the purpose for which the
electronic document was generated or communicated, in the light of all
circumstances, including any relevant agreement;
(c) It is necessary for the party sought to be bound, in or order to proceed further
with the transaction to have executed or provided the electronic signature; and
(d) The other party is authorized and enables to verify the electronic signature
and to make the decision to proceed with the transaction authenticated by the
same.
E. Admissibility and Evidential Weight of Electronic Data Message or Electronic

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

evidence shall deny the admissibility of an electronic data message or electronic
document in evidence –
(a) On the sole ground that it is in electronic form; or
(b) On the ground that it is not in the standard written form, and the
electronic data message or electronic document meeting, and complying
with the requirements under Sections 6 or7 hereof shall be the best
evidence of the agreement and transaction contained therein.
In assessing the evidential weight of an electronic data message or

electronic document, the reliability of the manner in which it was generated,
stored or communicated, the reliability of the manner in which its originator was
identified, and other relevant factor shall be given due regard.
F. Lawful Access
Access to an electronic file or an electronic signature of an electronic data

message or electronic document shall only be authorized and enforced in favor
of the individual or entity having a legal right to the possession or the use of
plaintext, electronic signature or file or solely for the authorized purposes. The
electronic key for identity or integrity shall not be made available to any person
or party without the consent of the individual or entity in lawful possession of
that electronic key;
Except for the purposes authorized under the law(RA 8792), any person
who obtained access to any electronic key, electronic data message or electronic
document, book, register, correspondence, information, or other material
pursuant to any powers conferred, shall not convey to or share the same with
any other person.
G. Unlawful Acts Punished Under the Electronic Commerce Act

The following Acts shall be penalized by fine and/or imprisonment, as
follows:
1. Hacking or crackling with refers to unauthorized access into or

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

or distribution, importation, use, removal, alteration, substitution,
modification, storage, uploading, downloading, communication, making
available to the public, or broadcasting of protected material, electronic
signature or copyrighted works including legally protected sound
recording or phonograms or information material on protected works,
through the use of telecommunication networks, such as, but not limited
to, the internet, in a manner that infringes intellectual property rights shall
be punished by a minimum fine of One Hundred Thousand pesos (P
100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;
3. Violations of the Consumer Act of Republic Act No. 7394 and

other relevant to pertinent laws through transaction covered by or using
electronic data messages or electronic documents, shall be penalized with the
same penalties as provided in those laws;
4. Other violations of the provisions of this (RA 8792), shall be

penalized with a maximum penalty of One million pesos (P1,000,000.00) or
six (6) years imprisonment.
Chapter 6
HUMAN TRAFFICKING
A. Concept of Human Trafficking

Human Trafficking.Defined as the recruitment, transport, transfer, harboring
or receipt of a person by such means as threat or use of force or other forms of
coercion, abduction, fraud or deception for the purpose of exploitation. It differs
from human smuggling for the latter is mainly about the illegal entry of a person
into a State, and it is understood to include an element of “consent” or
willingness
Core Elements of the Concept of Trafficking
1. The action of trafficking which means the recruitment, transportation,

transfer, harboring or receipt of persons;
2. The means of trafficking which includes threat of or the use of force,

deception, coercion, abuse of power or position of vulnerability;
3. The purpose of trafficking is always exploitation
Note:
Exploitation shall include, at a minimum, the exploitation or the

prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery or practices similar to slavery, servitude or removal of organs.
Scope of Trafficking
It is very difficult to assess the real size of human trafficking because the
crime took place underground, and is often not identified. However, a
conservative estimate of the crime puts the number of victims at any one time at
2.5 million. It affects every region of the world and generates tens of billions of
dollars in profits for criminals each year.
Human trafficking affects every country of the world, as countries of

origin, transit or destination- or even a combination of all. It often occurs from
less developed countries to more developed countries, where people are
rendered vulnerable to trafficking because of poverty, conflict or other
conditions.
Commonly Identified Form of Human Trafficking
1) Sexual exploitation
2) Forced labor
3) Domestic servitude and forced marriage;
4) Organ removal; and
5) Exploitation of children in begging, the sex trade and warfare
While trafficking patterns may differ from country to country and region
to region, a number of common features can be identified.
Disparities in the socio-economic conditions are among the main

underlying reasons for smuggling and trafficking in human beings. In more
simple terms: trafficking/smuggling flows go from poorer to better off countries.
Recruitment Methods vary but usually involve deception or coercion.

Generally, traffickers target persons in harsh living conditions with limited
educational and professional opportunities. Groups with low social standing
such as minorities and refugees are in special risk of being victimized. Both
women and men often fall prey to promises of non-existent job opportunities.
Child victims are easy to come by. In some cases, children are sold for ready
cash; in other cases they are kidnapped.
Transportation. Traffickers facilitate travel including help with border

crossings, provision of counterfeit documentation, bribing officials, as required.
Depending on the region and the potential financial gain, various modes of
transportation are used, including via the sea.
Control and Exploitation of the persons trafficked will continue in the

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

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

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

development of adequate prevention and prosecution mechanisms. Trafficking
tends to evolve very rapidly. What makes it difficult to react adequately is the
capacity of criminal networks to adapt quickly to changing circumstances.
Similar to what happened in the field of drug trafficking, organized criminal
groups will react swiftly to control measures by changing routes and modalities
of business.
D. High Profits-Low Risks
At present, for organized criminal groups the risk is low and profits are
high in trafficking in human beings.
Low Risks
1) Laws related to trafficking may be inadequate;

2) Lacking structures and expertise among law enforcement and border
control agencies to deal with organized crime involvement and the
transnational aspects;
3) Criminal justice are not geared up to respond; and
4) Victims while wanting to escape their situation, may feel reluctant to

cooperate. In fear of being criminalized themselves they are shy away
from confiding to any person with official functions. They are often
unfamiliar with the country and the language and lacking
documentation. In their country of origin they may be threatened by
criminal organizations.
High Profits
1) When consumers are willing to buy goods and services from the
trafficking industry, they create a profit incentive for labor traffickers;
2) When consumers are willing to buy a commercial sex from victims of

sex trafficking, they make it profitable for traffickers to sexually exploit
children and adults; and
3) Left unchecked, human trafficking in both forms will continue to

thrive in environments where traffickers can reap high gains with
relatively low risks.
E. Anti-Trafficking in Persons Act of 2003
The Fight against human trafficking in the Philippines is guided by

REPUBLIC ACT NO. 9208 (ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER)which
was enacted on May 26, 2003.
F. Acts Considered as Trafficking in Persons
The following are considered as an act of trafficking persons, to wit:

1.Recruiting, transporting, transferring; harboring, providing, or receiving
a person by any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
2. Introducing or matching for money, profit, or material, economic or

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

acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude
or debt bondage;
4. Undertaking or organizing tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
5. Maintaining or hiring a person to engage in prostitution or

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

prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
7. Recruiting, hiring, adopting, transporting or abducting a person, by

means of threat or use of force, fraud, deceit, violence, coercion, or intimidation
for the purpose of removal or sale of organs of said person; and
8. Recruiting, transporting or adopting a child to engage in armed

activities in the Philippines or abroad.
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.
The following are considered as qualified trafficking:
1. When the trafficked person is a child;
2. When the adoption is effected through Republic Act No. 8043,

otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption
is for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large scale.

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

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

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

offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).
I. Investigation, Prosecution and Trial of the Crime Of Trafficking in Persons
At any stage of the investigation, prosecution and trial of an offense

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

shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person
utilizing tri-media facilities or information technology to cause publicity of any
case of trafficking in persons.
J. Prescriptive Period of the Crime of Human Trafficking
Trafficking cases under RA 9208 prescribes in ten (10) years; Trafficking

cases committed by a syndicate or in a large scale prescribes in twenty (20)
years.
The prescriptive period commences to run from the day on which the
trafficked person is delivered or released from the conditions of bondage and
interrupted by the filing of the complaint or information and commence to run
again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the
accused.
Chapter 7
MONEY LAUNDERING
A. Definitions
Money Laundering.Covers all procedures to change, obscure or conceal

the beneficial ownership or audit trail of illegally obtained money or valuable so
that it appears to have originated from a legitimate source.
Money laundering is undertaken for the purpose of further expansion of

illegal activities (organized crime proper) and/or enterprises owned/controlled
by organized crime groups whether domestic or transnational.
It is a process through which the existence of an illegal source of unlawful

application of illicit gains is concealed or disguised to make the gains legitimate,
thereby helping to evade detection, prosecution, seizure and taxation.
Placement. The physical disposal of cash proceeds derived from the

unlawful activity. The aim is to remove cash from the location of acquisition to
avoid detection.
Layering. Separating illicit proceeds from their source by creating

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

into legitimate economic and financial systems and is assimilated with all the
other assets in the system.
1. Mix dirty money with legitimate funds

2. Use dirty money for legitimate purposes
3. Invest dirty money legitimate business
Some identified methods of money laundering include:
1. Double invoicing
2. Direct cash deposit
3. Back-to-back loans
4. Fake properties transactions
5. Underworld illicit banking systems
6. Advocate trial fees
7. Smurfing
8. Fake gambling earnings
Others Identified Methods
1. Stock exchange bogus transactions

2. Purchase of shares into holding companies, off-shore companies, box-
letter companies
3. Purchase of shares in private multinational banks, either directly or
through intermediaries
4. Purchases of gold, jewelry, luxury items like luxury cars, ships or
vessels, planes, real estate properties, etc.
TYPICAL MONEY LAUNDERING SCHEME
PLACEMENT
COLLECTION OF
Dirty Money
BANK LAYERING
Dirty money integrates
Into the financial system
Payment by “Y” of false

Invoice to company “X”
Transfer on the Bank

Account of “X”
Loan to Company
“Y”
BANK
Purchase of luxury assets, Offshore bank
Financial investments, commercial/
Industrial investments
INTEGRATION
D. The Anti-Money Laundering Act of 2001
REPUBLIC ACT NO. 9160, otherwise known as the "Anti-Money

Laundering Act of 2001 whichwason approved on September 29, 2001, served as
the legal framework of the Philippines’ countermeasures against money
laundering. This law was amended by RA 9194 , approved on May 7, 2003.
E. Definitions
(a) "Covered institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions
and their subsidiaries and affiliates supervised or regulated by the
BangkoSentralngPilipinas (BSP);
(2) insurance companies and all other institutions supervised or

regulated by the Insurance Commission; and
a. securities dealers, brokers, salesmen, investment houses and other

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

pre-need companies and other similar entities;
c. foreign exchange corporations, money changers, money payment,
remittance, and transfer companies and other similar entities; and
d. other entities administering or otherwise dealing in currency,

commodities or financial derivatives based thereon, valuable objects, cash
substitutes and other similar monetary instruments or property
supervised or regulated by the Securities and Exchange Commission.
(b) Covered transaction - is a single, series, or combination of transactions

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

large and complex transactions in excess of Four Million Philippine pesos
(PhP4,000,000.00) especially cash deposits and investments having no credible
purpose or origin, underlying trade obligation or contract.
Note:
The amount is reduced to Five Hundred Thousand Pesos (Php500,000.00)

by RA 9194
(c) Monetary instrument- refers to:
(1) coins or currency of legal tender of the Philippines, or of any other

country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial papers,

deposit certificates, trust certificates, custodial receipts or deposit
substitute instruments, trading orders, transaction tickets and
confirmations of sale or investments and money market instruments;
and
(4) other similar instruments where title thereto passes to another by

endorsement, assignment or delivery.
(d) Offender- refers to any person who commits a money laundering offense.
(e) Person- refers to any natural or juridical person.
(f) Proceeds- refers to an amount derived or realized from an unlawful activity.
(g) Supervising Authority- refers to the appropriate supervisory or regulatory

agency, department or office supervising or regulating the covered institutions
enumerated in Section 3(a).
(h) Transaction- refers to any act establishing any right or obligation or giving
rise to any contractual or legal relationship between the parties thereto. It also
includes any movement of funds by any means with a covered institution.
(i) Unlawful activity- refers to any act or omission or series or combination

thereof involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise
known as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as

amended, otherwise known as the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as

amended, otherwise known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and
302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential

Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as
amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the
Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the Revised Penal Code,
as amended, including those perpetrated by terrorists against non-
combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No.
8799, otherwise known as theSecurities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the
penal laws of other countries.
Money laundering is a crime whereby the proceeds of an unlawful

activity are transacted, thereby making them appear to have originated from
legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents,
involves, or relates to, the proceeds of any unlawful activity, transacts or
attempts to transact said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the
proceeds of any unlawful activity, performs or fails to perform any act as a result
of which he facilitates the offense of money laundering referred to in paragraph
(a) above.
(c) Any person knowing that any monetary instrument or property is required
under this Act to be disclosed and filed with the Anti-Money Laundering
Council (AMLC), fails to do so.
G. Creation of Anti-Money Laundering Council (AMLC)
The Anti-Money Laundering Council is hereby created and shall be

composed of the Governor of the BangkoSentralngPilipinas as chairman, the
Commissioner of the Insurance Commission and the Chairman of the Securities
and Exchange Commission as members. The AMLC shall act unanimously in the
discharge of its functions as defined hereunder:
(1) to require and receive covered transaction reports from covered institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or the

covered institution to determine the true identity of the owner of any monetary
instrument or property subject of a covered transaction report or request for
assistance from a foreign State, or believed by the Council, on the basis of
substantial evidence, to be, in whole or in part, wherever located, representing,
involving, or related to, directly or indirectly, in any manner or by any means,
the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings
through the Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the
Ombudsman for the prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering activities

and other violations of this Act;
(6) to freeze any monetary instrument or property alleged to be proceeds of any

unlawful activity;
(7) to implement such measures as may be necessary and justified under this Act
to counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states for
assistance in their own anti-money laundering operations provided in this Act;
(9) to develop educational programs on the pernicious effects of money

laundering, the methods and techniques used in money laundering, the viable
means of preventing money laundering and the effective ways of prosecuting
and punishing offenders; and
(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and -
controlled corporations, in undertaking any and all anti-money laundering
operations, which may include the use of its personnel, facilities and resources
for the more resolute prevention, detection and investigation of money
laundering offenses and prosecution of offenders.
The AMLC may inquire into or examine any particular deposit or

investment with any banking institution or non-bank financial institution upon
order of any competent court in cases of violation of RA 9160, when it has been
established that there is probable cause that the deposits or investments involved
are in any way related to a money laundering offense.
Chapter 8
CRIMINAL INTELLIGENCE-BASED INVESTIGATION OF ORGANIZED/

SYNDICATED CRIME GROUP
A. Organized/ Syndicated Crime Group Defined
Organized Syndicated Crime Group. A profit motivated and highly

capable group of persons or an enterprise organized to undertake widespread,
regular or long term, large scale, high profile and diversified criminal activities
that has high impact to the economy and national security.
B. Essential Elements of an Organized Crime Group
1. Capability:
a) Organizational Structure
(1) Composition- highly structured and complex
(2) Disposition- members have infiltrated a vast variety of legitimate
businesses that circumvent government controls.
b) Resources
(1) High profile strength
(2) Highly sophisticated logistical support
(3) Highly specialized training and indoctrination
c) Networking/Connections
(1) Well-entrenched and fluid network
(2) Tight operating linkages and influenced with law enforcement and
other government agencies
(3) Initiated and maintained through bribery and corruption on public
officials
d) Modus Operandi
(1) High profile
(2) Difficult to counter
(3) Violence and intimidation
2. Motive:
a) Non-ideological/Non Sectarian
b) Organizational Profit and Advantage
3. Nature of Criminal Activity

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

a) Long term goals
b) Regular operations
c) Widespread or transcend provincial, regional, national or international
political boundaries
Note:
The absence of the attending requirements in the definition of the OSCG will fall
on the concept of ordinary Criminal Gangs.
C. Criminal Gangs
Criminal Gangs. A group of two or more persons who have common

identifying signs or symbols and whose members individually or collectively
engaged in or have engaged in a pattern of criminal activity, creating an atmosphere
of fear and intimidation within the community or a specific area using violence and
intimidation.
Essential Elements of a Criminal Gangs
1. Capability:
a) Organizational Structure- tends to be less control over their members.

b) Composition-loose collection of factions
c) Disposition- members may have previous petty crime experience
2. Resources:
a) Basic criminal tools

b) Minimal logistical support
c) Minimum or no special training and indoctrination
3. Networking/Connections:
a) Local crime network, if any

b) Few or no operating linkages and influences with law enforcement
agencies
4. Modus Operandi:
a) Less corporate-focus attention on making money from specific criminal
activity
b) Territorial-possession of “turf”
c) Scavenger-motivated by the need to belong to a group
5. Personalities:
a) Low level of criminal prominence, influence and linkages in their

locality
b) Mainly from financially/socially disadvantaged sectors of society
6. Motive:
a) Profit and personal advantage
7. Nature of Criminal Activity:
a) Crimes committed are perpetrated by hatred, vendetta or if for profit

on a particular crime such as kidnapping only, or robbery
b) Petty crimes
D. List for Organized/Syndicated Crime Group
1. The Target List
The “Target List” serves as a master reference list outlining

pertinent data on organized crime groups. Persons to be included in this
category are those who have been included in the“Priority/Wanted List”
and or “Watch List” and who are at the same time members of organized
crime groups. The purpose of this list is to provide a consolidated
reference containing data on organized crime groups for operational
purposes.
Target List for Organized/Syndicated Crime Group Format
1) Name of the Group
Refers to the name which identifies the group from other

groups with the same or similar crime specialties. The group
name is usually from the surname of the group leader unless
the group has utilized another appellation for itself.
2) Criminal Activity
a) Primary . Refers to the main or principal crime specialty, for
which group was originally established
b) Secondary. Refers to other alternative crime specialties

which the group may undertake from time to time as
opportunities warrant.
3) Name the Leader/s
Refers to the full name of the recognized head of the group ,

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

including the bio-data, photograph and physical and
psychological profile for each individual.
5) Area of Operation/Main Base
a) Main Base. Place or locality where the group usually plans

or prepares the conduct of its crime operations.
b) Activity Area. Place or places where the group usually

undertake its crime operations.
c) Sanctuary or Haven. Place where the group usually retires

in safety after the conduct of operations which is normally
located outside of its activity area.
d) Safehouses. Places where the group embark or disembark in

its crime operations which is normally located within its
activity area.
e) Stashhouses. Places where the group normally store or

conceal its armaments, vehicles and other equipment prior
to or immediately after each criminal activity.
6) Arms and Equipment
a) Weapons: Type, make, caliber and serial numbers

b) Communication: Radio, Cellular phones etc.
c) Vehicles: Color, year of manufacture, model, brand,

accessories and license plates
7) Current Activities
Crime activities acknowledged or identified to have been

committed by or attributed to the group.
8) Criminal Case Number
9) Connections
Associations and linkages from the government, private and

other sectors established and maintained by the group, to
include their role and circumstances in the group’s activities
10) Modus Operandi
Distinct style or mode of operations used by the group in

perpetrating its crime operations
11) Criminal Records
Official criminal information of each individual member of

the group, including criminal case number, offense, court of
jurisdiction, case status and warrant of arrests, if any.
12) Economic Assets
Individual or collective financial resources established and

maintained by the group in the form of bank account/deposits,
real estate and other estate and other investment
papers/documents resulting from its crime operations.
13) Group Status
Operational information on whether the group is active or

inactive. An OCG/CG is considered active if it has conducted a
reported criminal activity for the past two (2) years, otherwise,
it shall be considered as inactive.
14) Priority
Covered by COPLAN to neutralize said OCG/CG
15) Lead Agency
Responsible for the direction, collection, production,

dissemination, case build-up and use of info.
16) Support Agency
Responsible for providing support to lead agency,

particularly on info collection.
17) Pending Warrant of Arrests and Criminal Case Number of

Leader and Members
18) Other Information
Information reports on the group and may include any other

information that may be gathered against the group, i.e.
sightings, history, mystical symbolism and planned activities.
19) Remarks and Photographs of Members
20) Attachments
Refers to copies of warrants of arrest and other pertinent

documents on members of the group.
2. The Wanted/Priority List- List consisting of persons who can be directly

subject for arrest. For a person to be included in the wanted list, the latter
must have an issued warrant of arrest and accused of either organized or
heinous crime.
Wanted List Format
(1) Name/Alias- state the name and aliases used by the person.
(2) Last Known Address- indicate the recent known whereabouts of
the person
(3) Group Affiliation- if applicable, state the name of the group
wherein the person is a member or affiliated with.
(4) Area of Operation/Main Base- state the areas where the person is
conducting operations/harboring
(5) Position- if the person is a member of the group, indicate the
person’s position in the group
(6) Nature of Offense- state the criminal offense the person is charged
with
(7) Criminal Case Number- indicate the criminal case number
(8) Issuing Court- state the court which issued the warrant of arrest
(9) Remarks- state any other relevant information not mentioned
above such as whether there is a reward for the arrest of the person,
etc.
(10) Photograph- include the person’s photograph, if available
3. The Watch List- List consists of persons suspected to have committed

organized or heinous crimes based from unverified reports and are subject for
further monitoring, investigation and case build-up.
Persons to be included in this category are those who have been

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

(2) Tactical interrogation/debriefing reports
(3) Intelligence information and agent’s reports
(4) Signed letter complaints; and
(5) Other official reports
Watch List Format
(1) Name/Alias- state the name and alias used by the person
(2) Last Known Address- indicate the recent known whereabouts of
the person
(3) Group Affiliation- if applicable, state the name of the group
wherein the person is a member or affiliated with
(4) Area of Operation/Main Base- state the area where the person is
conducting operations/harboring
(5) Position- if the person is a member of a group, indicate the person’s
position in the group
(6) Crime Committed/Involvement- state the crime where the person
is suspected to be involve and the person’s nature of involvement
(7) References- cite particular reference which are basis for the person’s
inclusion in the watch list such as information reports, police
investigation reports, etc.
(8) Photograph- include the person’s photograph, if available
4. Mechanics for Removal and Downgrading of Entries From Wanted List to
Watch List
a) Removing Entries from Wanted List
A person’s name shall be removed from the priority/wanted list only

after the warrant for his arrest has been served. However, same person’s
name shall be placed back in the priority list if the person has:
(1) Escaped while in detention pending the resolution of the court case
(2) Jumped bail
(3) Escape while serving sentence
b) Downgrading Entries from Wanted List to Watch List
In cases where a person has been arrested and is out on bail but is
monitored to be involved in crimes defined in the criteria for the
priority/wanted list, same person’s name shall be removed from the
priority list on the watch list.
5. Mechanics for Removal and Upgrading of Entries From Watch List to

Wanted List
a) Removing Entries From Watch List
If upon verification, a person is found to have no involvement

whatsoever, the person’s name shall be removed from the watch list.
b) Upgrading Entries From Watch List to Wanted List
If enough evidence to warrant the filing of a criminal case in court

and a a warrant of arrest has been issued for the person included in the
watch list, the person’s name shall be removed from the watch list and
placed in the priority list
6. Drawing of Top Twenty Most Wanted Persons From the Wanted List
From among the entries in the priority list, “Top Twenty Most Wanted
Persons” shall be drawn. The parameters which serve as the bases for the
inclusion are as follows:
a) Number of warrant of arrests
b) Gravity of offenses
c) Notoriety and extent of atrocious activities of the person; and
d) Recidivism
Chapter 9
THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME AND THE

ROLE OF INTERPOL IN THE GLOBAL CAMPAIGN AGAINST
TRANSNATIONAL ORGANIZED CRIME
Pursuant to Executive Order No. 62, the Philippine Center for Transnational
Crime is created under the Office of the President to formulate and implement a
concerted program of action of all law enforcement, intelligence and other
government agencies for the prevention and control of transnational crime.
1. To establish through the use of modern information and telecommunication a

shared central data base among government agencies for information on
criminals, methodologies, arrest and convictions on transnational crimes.
2. To supervise the conduct of anti-transnational crime operations of all

government agencies and instrumentalities.
3. To established a central database on national as well as international legislation

and jurisprudence on transnational crime, with the end view of recommending
measures to strengthen responses and providing of immediate intervention for
the prevention, detection and apprehension of criminals operating in the
country.
4. To establish a center for strategic research on the structure and dynamics of

transnational crimes in all its forms, and predict trends and analyze relationships
of given factors for the formulation of individual and collective strategies for the
prevention and detection of transnational and organized crime and for the
apprehension of the criminals involved.
5. To design programs and projects aimed at enhancing national capacity building
in combating transnational crime as well as supporting the related programs and
projects of other ASEAN and international centers.
6. To explore and coordinate information exchanges and training with other

government agencies, foreign countries and international organizations involved
in the combat against transnational crime
7. To enlist the assistance of any department, bureau, office, agency or

instrumentality of the government, including the use of their respective
personnel, facilities and resources.
C. Organizational Structure
The Philippine Center for Transnational Crime is chaired by the President

through the Presidential Anti-Organized Crime Commission (PAOCC). PCTC is also
supervised by the Secretary of the Department of the Interior and Local Government
(DILG), who is the Vice-Chair of POCC. The Executive Director of the PCTC reports
to the President through the DILG.
Presently, the PCTC have two (2) Executive Offices and four (4) Directorates,
namely:
1. The Office of the Executive Director (OED)
Functions:
a) Directs and controls the movement, deployment, placement, and the

utilization of PCTC units and personnel including its facilities and other
resources.
b) Issues detailed implementing policies and instructions regarding
personnel, funds, properties, records, correspondence and such other
matters as maybe necessary to effectively carry out the functions, powers,
and duties of the PCTC.
2. Office of the Deputy Executive Director (ODED)
Functions
a) Assist the Executive director in the exercise of responsibilities relative to

PCTC personnel, human resource development, logistics, budget and
finance, building security, information management, capability building,
legal research, legislative research, international cooperation, strategic
research and studies.
b) Acts as Chairman of the following Committees, namely:
 Committee on Decorum
 Grievance Committee
 Travel Board and Personnel Selection and
Recruitment Committee
3. Directorate for Support Services (DSS)
Functions
a) Assist the Executive Director on matters involving personnel, financial,

logistical and security requirements needed for effective and efficient
administration of the PCTC.
b) Performs its functions through its three (3) Divisions, namely:
 Administrative Division
 Security Services Division
 Budget and Finance Division
4. Directorate for Operations (DO)
Functions
a) Assist the Executive Director in monitoring and supervising the day-to-

day operational activities of the PCTC on all matters concerning anti-
transnational crime operations.
b) Performs its functions through its four (4) Divisions, namely:

 INTERPOL Command and Coordination
Division
 Case Management Division
 Capacity Building Division
 Fugitive Investigation and International
Notices Division
5. Directorate for Research (DR)
Functions
a) Assist the Executive Director in attaining the intelligence objectives of the

PCTC and in providing its clients with better, accurate, timely, objective
and integrated analyses on transnational crimes that impact on economy
and security.
b) It performs its functions through its six (6) Divisions, namely:
 Public Safety and Terrorism Division
 Drugs and Criminal Organization Division
 Financial and High-Tech Crimes Division
 Special Crimes Division
 Human trafficking and Smuggling Division
 Information Technology Division
6. Directorate for Plans and Policies (DPP)
Functions
a) Assist the Executive Director in the formulation and development of plans

and programs that are beyond the immediate operational tactical range
which includes:
 Organizational and Human Resource
Development
 Legislation and International Initiatives
 Strategic studies on the impact of transnational
crimes on law enforcement, public safety and
security
b) Performs its functions through its three (3) Divisions, namely:
 Strategic Research Division

 Policy Formulation Division
 International Cooperation Division
Three (3) Field Offices were activated to serve as strategic points of

information exchange and coordination among law enforcement agencies,
likewise to extend the PCTC's services:
 PCTC Visayas Field Office located in Cebu City

 PCTC Western Mindanao Field Office located in Zamboanga
 PCTC Eastern Mindanao Field Office located in Davao
1. Inter-Agency coordination through established institutions such as the

National Law Enforcement Coordinating Committee (NALECC)
a) The NALECC issued a resolution in April 1999 to include the PCTC as
one of its regular members. The PCTC is the Chairman of the Sub-
Committee on International Law Enforcement Cooperation (SCILEC).
b) Pursuant to E.O 829 NALECC was created to serve as the venue for the
coordination of all law enforcement activities of various government
law enforcement agencies to ensure unified direction and integration
of effort throughout the country in the suppression of criminal
activities on a day-to-day basis, particularly at the operating levels.
2. PCTC as INTERPOL Manila NCB Secretariat
Pursuant to E.O 100 (May 7, 1999) and the Memorandum on the

Implementation of E.O 100 (February 7, 2000), the general control and
supervision of INTERPOL Manila NCB Secretariat was transferred from the
Directorate for Operations of the PNP to the PCTC to serve as the liaison
office and main coordinating body for international police cooperation
against transnational crime representing all law enforcement agencies in the
Philippines that performs the following functions:
:
a) Maintains an Operation Center
b) Acts on request for information from member countries, local law

enforcement agencies and other government organizations.
c) Disseminates INTERPOL notices, media releases, requests for

investigative assistance and announcement of conference to concerned
bureaus, law enforcement agencies and other concerned office.
At PCTC, the INTERPOL Command and Coordination Division, under

its Directorates for Operations is the office responsible for processing all
requests and responses sent via INTERPOL Global Communication System
known as 1-24/7.
PCTC as INTERPOL NCB Manila Secretariat implements the following

programs:
a) 1-24/7 Expansion Program - designed to link selected SCILEC

member-agencies to the IGCS that will provide the access to
selective databases containing information on stolen travel
documents, fingerprints, DNA, stolen vehicles, stolen works of art
and global INTERPOL news.
b) INTERPOL "Red Notice" Project - aims to upload to the

INTERPOL database the records of fugitives/wanted persons who
may have fled the country to escape prosecution and suspected
individuals who were identified to have links with known terrorist
groups.
c) Visa Check Project - designed to assist the Bureau of Immigration

and the Department of Foreign Affairs in exercising better control
in the vetting process for foreigners who are trying to secure a visa
to enter the Philippines.
d) Lost Passport Project - designed to sustain the government

initiatives against human trafficking and terrorism. It aims to
upload data on lost stolen and cancelled passports to the
INTERPOL database primarily to curb human
trafficking/smuggling and identity fraud.
e) Fugitive Search Project - aims to run after foreign nationals with

existing warrant of arrest, and/or fugitives from justice seeking
sanctuary in the country.
3. PCTC coordination on information exchanges and training with local

and international counterpart:
a) The Philippines has entered into a number of Memoranda of

Understanding (MOU) and Memoranda of Agreement (MOA) with the
PCTC acting as the communication-cum-liaison center.
b) Memorandum of Arrangement between the Republic of the

Philippines and New Zealand on Cooperation to Combat
Transnational Organized Crime
c) Multilateral Agreement on Information Exchange and the

Establishment of Communication Procedures
E. Other Functions
1. Designs programs and projects to enhance capacity building in
combating Transnational Crime
a) RP-UK Crisis Management Assistance Program on Counter Terrorism

(RP-UK CMAP) - aims to develop the capacity of the Philippine law
enforcement and other agencies in managing crises arising from terrorism
and transnational organized crime.
 Training on crisis and consequence

management to mobilized the conduct of
training and exercises in order to ensure
effective, multi-discipline and multi-level
response system.
 Harmonization of Philippine crisis
management doctrines and the formulation of
a new crisis management manual preferably
using all hazard approach.
b) RP-EU Philippine Boarder Management project (PBMP) - aims to

strengthen and enhance its border management capacity to more
effectively manage migration in accordance with international norms and
protocols.
 Manage by International Organization for

Migration (IOM), with PCTC as Co-Chair of
the PBM Project Advisory Steering Committee.
c) Brunei Darussalam-Indonesia-Malaysia-Philippines East ASEAN

Growth Area (BIMP-EAGA) Support Team on Customs, Immigration,
Quarantine and Security BEST on CIQS) Project - the main objective of
this training activity is to enhance the institutional capabilities of BIMP-
EAGA support team on customs, immigration, quarantine and security
agencies to deliver effective services at the ports of entry and exit
participating in the BIMP-EAGA, particularly in helping neutralize
transnational criminal activities at the ports.
2. Monitoring Body of the Country's Compliance to the ASEAN Work

Programs to address Transnational Crime
a) Consolidation of the accomplishments of all government agencies

involved in the fight against Transnational Crime and submits a country
report to the ASEAN Secretariat through the Department of the Interior
and Local Government.
3. Support to Policy-Making
a) National Legislation - PCTC supported the crafting and signing of the

following national legislation as Secretariat of its Technical Working
Groups and Rescue Agency to international legislation:
 Anti-Money Laundering Act of 2001
 Anti-Trafficking in Persons Acts of 2003
 Human Security Act of 2007
b) Bilateral/International Agreements - in 2006, the PCTC headed the

Philippine Delegation that negotiated the final draft of the ASEAN
Convention on Counter-Terrorism, which was signed by the ASEAN
leaders at the summit held in January 2007.
F. The Role of INTERPOL in the Global Fight Against Transnational Crimes
INTERPOL - by the name of the International Criminal Police

Organization, an organization established to promote international criminal police
cooperation. INTERPOL was conceptualized way back in 1920's after a meeting of
the representatives of criminal police in 20 nations, which discussed the apparent
problem of phenomenal increase in crimes on Europe that lead to the creation of the
International Police Commission which had its headquarters in Vienna.
In 1956, the Commission Constitution was completed and formally ratified

and change the name into its present International Criminal Police Organization,
"INTERPOL".
The INTERPOL’'s Mission is
"To be the whole world pre-eminent police organization in support of all

organizations, authorities, and services whose mission is preventing, detecting
and suppressing crimes". It seeks to achieve this by:
1. Providing both a global perspective and a regional focus

2. Exchanging information that is timely, accurate, relevant and
complete
3. Facilitating international cooperation
4. Coordinating operational activities of the member countries and
making available know-how, expertise and good practice.
Three Core Services
1. A unique global police communication system

2. A range of criminal data bases and analytical services
3. Proactive support for police operations throughout the world.
Organizational Structure
1. General Assembly - make major decisions on the policy, budget,

working methods, finances and programs of activities of Interpol.
a) Composed of delegated appointed by the government of member
countries.
b) Each member country represented has one vote.
2. Executive Committee - supervises the execution of the decisions of the

general assembly and the work of the secretary general.
a) Have 13 members, the president (chair of the committee), 4 vice
presidents, and 8 delegates.
b) Members are elected by the general assembly and should
represent different countries.
c) The president and the four vice presidents must come from
different continents.
d) The president is elected for 4 years term and vice presidents for 3
years term.
3. General Secretariat - implements decisions and recommendations

adopted by the two governing bodies through Secretary General.
4. National Central Bureau - staffed with the countries own police

officers. These bureaus become the single point contact for foreign
governments requiring assistance, which oversees investigations and
information's on the different police structures in other countries.
Rules in its Campaign Against Terrorism
INTERPOL'S two-fold rule in fighting Terrorism:
1. To prevents acts of international terrorism
2. If such acts are carried out, to ensure that the perpetrators are brought
to justicewhich could be achieved by exchanging information's with
its member countries through its source messaging system and by
arranging meetings of expert to address the subject.
Fugitive Investigation
1. At the request of its member countries, they electronically circulate on

an international scope notices containing identification, details and
judicial information's about wanted criminals.
2. Actively encourages the international search for the arrest of fugitives
and offender wherever they may hide.
3. Coordinates and enhances international cooperation in the field.
4. Collects and disseminates best practice and expert knowledge
5. Offers direct investigative support and specialized knowledge
6. Develops and promotes best practices and trainings.
The International Notices System (INTERPOL's Five (5) Types of Notices)
1. Red Notice - based on national arrest warrants, are used to seek the
arrest and extradition of suspects.
2. Blue Notice - are used to seek information on the identity of persons

or on their illegal activities related to criminal matters.
3. Green Notice -are used to provide warnings and criminal intelligence

about persons who have committed criminal offenses and who are
likely to repeat these crimes in other countries.
4. Yellow Notice - are used to locate missing persons including children,

or help people to identify themselves.
5. Black Notice - are used to determine the identity of deceased person.
References
Abadinsky, Howard. Organized Crime. Wadsworth Publication Co.. USA. 2000
Bevelacqua, Armando &Stilp, Richard: Terrorism Handbook for Operational

Responders. Thomson Delmar Learning. USA. 2007.
Corpus, Victor N. Silent War. VNC Enterprises. Quezon City, Philippines. 1989
Crile, George. My Enemy’s Enemy.Atlantic Books. Wales, Great Britain. 2003

Dammann, Burkhard. Trafficking in Human Beings: A Global Perspectives.
Criminal Justice Journal.National Police Commission. 2000
Dua, Shyan. Terrorists and Terrorist Organizations.Printline Books. 2004
Maas, Peter. Killer Spy. Warmer Books, Inc. New Yerk. 1995
Powell, Bill. Treason.Simon and Schuster.Rockfeller Center, New York, USA.

1995
Siegel, Larry J. CRIMINOLOGY: Theories, Patterns and Typologies. Thomson

Wadsworth. USA. 2004
Talbott, Strobe and ChandaNayon.The Age of Terror.Basic Books. New York,

USA. 2001
White, Jonathan R.: Terrorism: An

Introduction. Wadsworth Contemporary Issues in Crime and Justice Series. USA.
2002
William, Paul L. Al Qaeda: Brotherhood of Terror. Alpha Pearson Education

Company. USA 2002
_____________. Crime Fighting Across Borders.Philippine Center on

Transnational Crime Executive Report.Camp Crame Quezon City. 2004
_____________. Police Intelligence Course Handouts. Intelligence Group,

Philippine National Police, Camp Crame, Quezon City. 1996
______________. Republic Act 8792- The Electronic Commerce Act of 2000.

______________. Republic Act 9160- Anti-Money Laundering Act of 2001
asAmmended
______________. Republic Act 9208- Anti-Trafficking in Persons Act of 2003
______________. Republic Act 9372- Human Security Act of 2007
______________. Republic Act 9165 The Comprehensive Drug Act of 2002

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Table of Contents

Chapter 2- The Transnational Organized Crime

Chapter 3- Terrorism As An Organized Crime

Chapter 4- Legal Framework In The Investigation

I. Period Of Detention Without Judicial Warrant

Chapter 6- Human Trafficking

Chapter 7-Money Laundering

Chapter 8- Criminal Intelligence- Based Investigation

Chapter 9- The Philippine Center on Transnational

Course Code: CDI 4

Course Title: Organized Crime Investigation

No. of Hours Per Week: 3

After the course, the student should be able to:

1. State the concept of organized crime and organized criminal group;

Chapter 1- Definition, Nature and Historical Background of Organized Crime

Chapter 2- The Transnational Organized Crime

Chapter 3- Terrorism as an Organized Crime

Chapter 4- Legal Framework in the Investigation of the Crime of Terrorism

Chapter 6- Human Trafficking

A. Concepts of Human Trafficking

Chapter 8- Criminal Intelligence- Based Investigation Of Organized/ Syndicated Crime

A. Organized/Syndicated Crime GroupDefined

Chapter 9- The Philippine Center on TransnationalCrime and the Role of INTERPOL in

A. The Philippine Center on Transnational Crime

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

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

Alphonse Capone, better known as Al Capone or Scarface,

Organized crime poses a direct threat to national and

Organized crime “is a sophisticated, diversified and

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

B. Attributes of an Organized Crime

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

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

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

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

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

7. It has specialization/ division of labor. An OC group have certain

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

b) Fixer- excels in developing contacts with criminal justice or political

c) Moneymover- an expert in “laundering” illicitly obtained money,

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

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

C. Structure of Organized Crime Group

1. The Bureaucratic/ Corporate Model

2. Patrimonial/ Patron- Client Networks

D. Organized Crime in the Philippines

The most successful criminals are part of well-organized and well-funded

THE TRANSNATIONAL ORGANIZED CRIME

Transnational refers to the borders defining territorial boundaries of

According to Bossard, transnational crime is an activity that is considered

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

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

1. Is committed in more than one state;

Passas suggested that Transnational Crime is serious enough to warrant State

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

Variety of transnational actors played significant roles in international

Transnational actors engage in a whole host of cross-boarder

Transnational organizations seek to mobilize their resources and

The 5th United Nation Congress on crime prevention in 1975 put it

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

B. Nature of Transnational Organized Crime

Transnational crimes are not limited to Drug trafficking, human

C. Types of Transnational Organized Crimes