Вы находитесь на странице: 1из 21

physically, economically or psychologically) the

WHAT IS ORGANIZED CRIME? members or non members.


- An organized criminal group shall mean a
structured group of three or more persons, A CORRUPTER
existing for a period of time and acting in concert - the one who corrupts or bribes, intimidate
with the aim of committing one or more serious or threatens, negotiate or “sweet talks” into a
crimes or offences in order to obtain, directly or relationship with public officials, law enforcement
indirectly, a financial or other material benefit officer, or anyone who would be of help in obtaining
- (UN, PALERMO ITALY, 2000) security and immunity from possible arrest,
- All illegal activities engaged in by members of prosecution and punishments.
criminal syndicates operatives throughout the
United States and all illegal activities engaged in A CORRUPTEE
by known associates and confederates of such - a public officials, law enforcement officers or
members. (U.S Department of Justice) anybody who not a member of the organization who
- Group activities of three or more persons, with can helps the organization
hierarchical links or personal relationships, Scale of Organized Criminal
which permits their leaders to earn profits or
control territories or markets, internal or foreign, CHARACTERISTICS OF ORGANIZED CRIMES
by means of violence, intimidation or corruption, - It is a conspiracy activity involving
both in furtherance of criminal activity and to coordination of members.
infiltrate the legitimate economy. - Economic gain is the primary goal.
- any enterprise or group of persons engaged in a - Economic goal is achieved through illegal
continuing illegal activity which has as its means.
primary purpose the generation of profits and - Employs predatory tactics such as
continuance of the enterprise regardless of intimidation, violence and corruption.
national borders. (INTERPOL, according to P.J. - Effective control over members,
Ryan and G.E. Rush) associates and victims.
- any group having some manner of formalized - Organized crimes do not include terrorists
structure and whose primary objective is to dedicated to political change.
obtain money through illegal activities(FBI,
according to H. Abaddinsky) ATTRIBUTES OF ORGANIZED CRIMES
- Planned commission of criminal offenses, 1. Has no political goal
determined by the pursuit of profit and power, 2. Is hierarchical
involving more than two persons over a 3. Has a limited or exclusive membership
prolonged or indefinite period of time, using a 4. Constitute a unique subculture
commercial or business license scheme, violence, 5. Perpetuates itself
and/or intimidation. (BKA, Germany— 6. Exhibits a willingness to use illegal violence and
BUNDESKRIMINALAMT) bribery
- Is any crime committed by a person occupying, in 7. Demonstrates specialization/ division of labor
a established division of labor, a position 8. Is monopolistic
designed for the commission of crimes providing 9. Is governs by explicit rules and regulations
that such division of labor includes at least one
position for corrupter, one position for corruptee, 1. Has no Political Goals
and one position for an enforcer(FBI) Organized crime is basically
motivated by money and power. It is not
For Organized Group to Work usually it has at social doctrine neither political belief nor
least the following: ideological concerns that motivated leaders
1. AN ENFORCER and members of the organized crime groups.
2. A CORRUPTER Political involvement may be part of its
3. A CORRUPTEE activities for the purpose of gaining
protection for its illegal activities.
AN ENFORCER
- the one who makes for the arrangements for 2. Hierarchical
the killing (injuring or carrying out the task An organized crime has a vertical power
structure with at least three (3) ranks. The authority
is inherent in the position and does not depend on geographic area, a particular “industry”, legitimate or
who happens to be occupying it at any given time. illegitimate, or a combination of both.
A monopoly, of course, restrains “free trade”
3. Limited or Exclusive Membership and increases profits. An organized crime monopoly
The criteria such as ethnic background, race, is maintained by violence, by the threat of violence,
kinship, criminal record and other similar or by corrupt relationships with law enforcement
consideration seems to be the basis for membership officials. A combination of both methods, violence
in an organized crime group. and corruption, may be employed.
Sponsorship by a ranking members and
behavior characteristics also plays important factors 9. GOVERNS BY EXPLICIT RULES AND
for recruitment such as but not limited to: REGULATION
willingness to commit criminal act, follow the rules An organized crime group, like a legitimate
and regulations and secrecy in the organization. organization, has a set of rules and regulations that
members are expected to follow.
4. Constitute a unique subculture In an organized crime group, however, a rule-
Members of the organized crime group violating member is not fired but, more likely, fired
considered themselves distinct from the conventional upon
society. They look at the society as “weak and stupid”
and treat them with derisions if not contempt, and STRUCTURE OF ORGANIZED CRIME GROUPS
therefore not subject to its rules. This is sometimes - The bureaucratic / Corporate model
referred to as “the underworld”. - Patrimonial/ Patron Client

5. Perpetuates itself The Bureaucratic/ Corporate Model


An organized criminal group constitutes an The corporation, the police, and the military
ongoing criminal conspiracy designed to persist are examples of bureaucracies, that mode of
through time; that is, beyond the life of the current organization essential for efficiently carrying out
membership. In order for the group to survive, it large scale tasks.
must have an institutionalized process for inducting
new members and inculcating them with the values Patrimonial/ Patron Client
and ways of behaving of the social system. This is It is a characteristic of traditional societies
shown by the depth of the sub-cultural orientation that centers on families, patrons and their clients, and
exhibited by the group. other personalities networks.

6. Willingness to use Illegal Violence and Bribery


Violence is readily available and acceptable in THEORIES OF CRIME
an organized crime group as a means to achieve its 1. The strain of anomie
goal. Bribery becomes necessary so as to protect its 2. Differential association
operation and insure lesser chance of detection and 3. Subcultures and social disorganization
suppression. 4. Social control theory
5. Ethnic succession
7. Specialization/Division of Labor
There is a need for established functional MAFIA
position filled with qualified members. Commonly, - is a term used to describe a number of
there is a need for: criminal organizations around the world
(1) an enforcer, one who carries out difficult - the first organization to bear the label was
assignments involving the use of violence, including the Sicilian Mafia based in Italy,
murder, in a rational manner. He may use members known to its members as Cosa Nostra
or non members or even a specialist to carry out the - in sum, mafia means protection against
assignment; and arrogance of the powerful, remedy to any
(2) a corrupter (fixer/money mover), excels damage, sturdiness of body, strength and
in developing contacts. serenity of spirit, and the best and exquisite
part of life.
8. MONOPOLISTIC - apparently Sicilian-Arabic derived from
An organized crime group eschew terms meaning to protect and to act as
competition. It strives for hegemony over a particular guardian; a friend or companion; to defend;
preservation, power, integrity, strength, and - The boss cannot use violence against a member
a condition that designates the remedy of or close associate of another family without prior
damage and ill. consultation with that family’s boss.
- The principal form of security in the American
OMERTA Mafia is an elaborate system of referral and
- is a code of silence and secrecy that forbids vouching. Vouching for someone who turns out to
Mafiosi from betraying their comrades to the be an informant or undercover officer entails the
authorities. death penalty.
- Ideal of manliness
- Noncooperation with authorities RUSSIAN ORGANIZED CRIME
- Self-control in the face of adversity
- Vendetta-blood washes blood VORY V ZAKONE
- Neither government nor church to be trusted - aka “ thieves with code of honor”

The foundation of the entire mafia is respect. It is the Sicilian counterpart, linked to a
Fear is the engine, and money is the fuel. But territorial-based provision of protection services and
longevity of the mafia as an enterprise is built to alliance between upper world and the underworld.
upon an abiding and uncommon sense of respect. It is characterized by the three types of actors in
crime picture at Russia namely:
(1) corrupt government officials,
RULES OF AMERICAN MAFIA (2) shady business tycoons (oligarch);
and
- Always show respect to those who can command (3) members of criminal gang headed
it. by a so called authorities and loosely
- Report any failure to show respect to one’s tied with criminal fraternity known
patron immediately. as “thieves in law” (Vory V. Zakone).
- Violence must be used, even if only a limited type, They were able to create protective
to ensure respect. roof through their financial and
- Never ask for surnames. fraternity connection.
- Never resort to violence in a dispute with a
member or associate of another family. ORGANIZED CRIME IN NORTH AMERICA (LATINO
- Never resort to, or even threaten, violence in a GANGS)
member of your family. It first formed in the barrios in the 1920s. By
- Do not use the telephone except to arrange a 1990s, the Major Latino gangs had joined into two
meeting place, preferably in code, from which you syndicates, the Nortenos based in northern California
will then travel to a place to discuss business. and the Surtenos based in Southern Califoria.
- Avoid mentioning specifics when discussing
business-for example names, dates, and places- The Nortenos include such gangs as Big
beyond those absolutely necessary for Hazard, the Breed Street Gang and the Silver Leaf
understanding. Nortenos (SLN).
- Keep your mouth shut-anything you hear,
anything you see, stays with you, in your head; do The Surtenos include the Assasins, King
not talk about it. Kobra and Mara Salvatrucha.
- Do not ask necessary questions. The amount of
information given to you is all you need to carry In the Midwest
out your instructions. The Latino gang coalesced into two
- Never engage in homosexual activities. syndicates, the Folk Nation and the Peoples Nation
- If your patron arranges for two parties to work based in Chicago.
together, he assumes responsibility for In Texas, Mexican American gangs have
arbitrating any disputes between the parties. proliferated with the Mexican Mafia, the PRM
- The boss can unilaterally direct violence, (Partido Revolucionario Mexicano), and Mexicles
including murder, against any member of his being the most prominent.
family, but he cannot engage in murder-for-hire,
that is, make a profit from murder. In the Eastern United States
The major syndicates are La Gran Raza (The - is the most influential organized crime group
Great Race) and La Gran Familia (The Great Family). in Japan.
The Dominican Gangs became the major player in - Yakuza makes billions of dollars through
Drug trade in Metropolitan New York and in corporate extractions and the
Northern New Jersey. Sokoiya(shareholders meeting men).
- Other activities that they are involved include
In Miami and Dade County, Florida, exploitation of women, prostitutions (mostly
The Cuban Mafia has built a strong base, coming from the Philippines, Thailand and
having taken advantage of an alliance with Santo Taiwan) and gambling den.
Trafficante’s Italian American Mafia family based in
Tampa. CAMBODIA
In Puerto Rico, the Neta Association began as Drug trafficking and human smuggling are the
a prison gang, but it has spread beyond the island and most notable organized criminal activities in
beyond the prison walls. Cambodia which are widely controlled by the Chinese
and Myanmorese.
ORGANIZED CRIME IN ASIA Other activities involved gambling,
corruption, prostitution and money laundering.
China Organized Criminal Groups Due to people’s belief of the effect of having
sex with virgin women, prostitution became one of
1. Gangs (Triad) = work in cooperative the most expensive organized crime and
ventures involving black market activities, virginwomen are the highest valued commodities.
burglaries and thefts, hijackings and
extortions. REPUBLIC OF KOREA
2. Criminal Syndicates = commonly involved in
sophisticated crimes such as prostitutions, KEANDAL EMENING SCARUPS
human trafficking and other organized form Although not considered as criminal groups,
of both are involved in drug trafficking they also engage in criminal activities someway to
particularly of heroin from the golden help the weak and the poor. They are notable for
triangle as well as Exploitation of women and their loyalty and faithfulness.
children and smuggling of illegal immigrants Organized criminal groups come in the form
vices. of political groups used as henchmen to attack
political rivals
Dragon Syndicates is another name for the . Several organized groups are associated with
Chinese Triads, a name popularized by Martin YAKUZA and other groups in the United States are
Booth’s much acclaimed study “The Dragon involved mostly in drug trafficking, prostitution and
Syndicates: the Global Phenomenon of the Triads exploitation of women.
(New York: Carroll and Graf, 2000).
The Triad came from the symbolic triangle in MYANMAR
their flag which indicates the three (3) elements: The Myanmar has the largest organized crime
Heaven, The Earth and the Man. groups controlled by military Junta. It includes the
Hong Kong Organized Criminal Groups following:
Triads, such as “Wo Sing Wo” and 14K are *United Wa State Army (UWSA) – under the
two of the many triads in Hongkong. They are command of Wei-Huseh-Kong – has connection with
involved in various activities ranging from drug Southeast Asian and North America.
trafficking to corruption. * Kinkang Chinese – in coordination with
ICAC- Independent Commission Against MNDAA, protects cultivation areas and refining of
Corruption is one of the most active Criminal Justice drugs.
Unit involved in controlling illicit activities of these * Myanmar National Democratic Alliance
triads Army – control the plantations and refine opium into
heroin and also produced methamphetamine.
Trafficking of women and children to
JAPAN Pakistan and Thailand and corruption are also some
of the activities of the group.
Yakuza (8-9-3) or Boryokudan
TAIWAN - a kidnapping for ransom (KFR) group with a
Taiwan organized crime has close connection 1 Million prize for the leader’s head who was
with the Chinese Triads and Hong Kong particularly killed in action during a shoot-out with law
the United Bamboo Gang. They are involved in drug enforcers
trafficking, prostitution, women and child trafficking. 7. Martires KFR group
- killed in Action (KIA)
SINGAPORE 8. Waray-Waray Group
This is the country with the lowest cases of - an ethnic group engaged in kidnap for
organized activities due to stringent laws and severe ransom operations. Members are either
penalties and the government’s strong will power for belong from the family clan or natives from
the implementation of laws. Samar and Leyte. Their leader was arrested
on September 24, 2005.
THAILAND 9. Lupo Rhu Group
The countryconsidered to be the most - lead by Lupo Miguel Tuliao; Agustin Cavilan;
notorious in the world in terms of sex industry. and Nestor Merin.
Supplies or imports about one (1) million women in
different countries in Asia.
TRANSNATIONAL ORGANIZED CRIME
VIETNAM
“Nam Cam Gang” is one of the most noted CONCEPT OF TRANSNATIONAL CRIME
organized crime group in Vietnam and known for The concept of transnational crime was
drug trafficking and one of the major transit point of coined by the United Nations (UN) Crime Prevention
drugs in Laos, Myanmar, China and Taiwan from and Criminal Justice Branch to identify certain
Cambodia. criminal phenomena transcending international
borders, transgressing the laws of several states or
having impact on another country.

TRANSNATIONAL CRIME
PHILIPPINES - a continuing illegal activity of group of person
The country considered as the heaven for the which is primarily concerned with the
sex industry. A number of women are sent abroad as generation of profits, irrespective of national
entertainers but later end-up as prostitutes. Thailand, boundaries as a result of globalization.
Japan and other Asian Countries are common places
of their destination. Young children for pedophiles GLOBALIZATION
are also being catered. - refers to the rapid development of the
western culture that ultimately affects other
1. Francisco Group cultures in the world as brought by
- Dragon or Kuratong Baleleng Group, now led intellectual and technological advances, in
by Manuel Francisco, operates in Visayas and which some crimes occurring in other
Mindanao countries are attributed.
2. Pentagon Group
- operates in Mindanao headed by Tahir TRANSNATIONAL ORGANIZED CRIME
Alonto, a creation of MILF to generate funds. - is a crime perpetuated by organized criminal
Alonto is a nephew of MILF Chairman AL HAJ group which the aim of committing one or
MURAD more serious crimes or offenses in order to
3. Lexus Group obtain directly or indirectly, a financial or
- specializes in carnapping and operates in NCR other material benefits committed through
and Luzon crossing of borders or jurisdictions
4. Rex “Wacky” Salud Group
- engaged in illegal gambling and operates in ORGANIZED CRIMINAL GROUP
Cebu - shall mean a structured group of three or
5. Vic Yu Group more persons, existing for a period of time
- engages in illegal gambling and operates in and acting in concert with the aim of
Visayas. committing or more serious crimes or
6. Superable Family offenses established in accordance with this
convention, in order to obtain, directly or - Terrorism
indirectly , a financial or material benefit - Drug Trafficking
- Cybercrime
SERIOUS CRIME - Money Laundering
- shall mean conduct constituting an offence - Environmental Crime
punishable by maximum deprivation of - Economic crime
liberty of at least four years or a more serious - Intellectual Property Theft
penalty - Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and
An offense is transnational in nature if: Light Weapons
- It is committed in more than one State;
- It is committed in one State but substantial HUMAN TRAFFICKING
part of its preparation, planning, direction
or control takes place in another State; TRAFFICKING IN PERSON (TIP)
- a form of modern-day slavery
- It is committed in one State but involves
- refers to the recruitment, transportation,
an organized criminal group engages in transfer or harboring, or receipt of persons
criminal activities in more than one with or without the victim's consent or
State; or knowledge, within or across national borders
- It is committed in one State but has by means of threat or use of force, or other
substantial effects in another State. forms of coercion, abduction, fraud,
deception, abuse of power or of position,
Factors Making a Nation “hospitable” to taking advantage of the vulnerability of the
Transnational Crimes person, or, the giving or receiving of
1. Corruption payments or benefits to achieve the consent
2. Incomplete or weak legislation of a person having control over another
3. Poor enforcement of existing laws person for the purpose of exploitation which
4. Non-transparent financial institutions includes at a minimum, the exploitation or the
5. Unfavorable economic conditions prostitution of others or other forms of sexual
6. Lack of respect for the rule of law in society exploitation, forced labor or services, slavery,
7. Poorly guarded national borders servitude or the removal or sale of organs.
8. Lack of political will to establish rule of law Section 3a, RA 9208
9. Geographic location (e.g. along arms or
narcotics trafficking route) Push Factors to Trafficking
10. Regional geopolitical issues (e.g. long- 1. Individual level
standing territorial dispute). 2. Family
3. Community
PRIMARY STRATEGIES AGAINST 4. Society
TRANSNATIONAL ORGANIZED CRIME
- Good Governance Individual level
- The Rule of Law - Lack of education and information
- International Cooperation - History of abuse and exploitation
- Women’s aspiration
Executive Order No. 265
- creating the OSETC for a stronger campaign
against transnational crime Family
- the Office of the Special envoy on - Domestic violence or marital discord
Transnational Crime is the agency concerned - Desertion
in resolving overlaps in systems and - Separation
procedures and determines the appropriate - Neglect of parents
agency competent to address a specific - Breadwinner or desire to improve the
transnational crime issue family’s economic condition

Transnational Crimes Community


- Trafficking in Persons - Congested neighborhood
- Poor housing and living conditions (1/3 trafficked for other form of economic
- Lack of employment opportunities exploitation, the rest are for commercial
- Lack of basic social services sexual exploitation)

Society Status of Human Trafficking in the Philippines


- Political and economic insecurity - According to the United Nations Children's
- Political corruption Fund (Unicef)an estimated 60,000 to 100,000
- Conflict children in the Philippines are involved in
- Structural adjustment policies resulting in the prostitution rings.
rising cost of living - According to the International Labour
- Poverty Organization (ILO) about 100,000 children
- power relations and gender inequality are involved in prostitution.
- Lure of migration - US government reports, the number of child
- Consumerism victims in the Philippines range from 20,000
- Supply and demand to 100,000, with foreign tourists, particularly
other Asians, as perpetrators.
Pull factors to trafficking - The Philippines is ranked under Tier 2 Watch
- Increased ease of travel (cheaper and faster List in the 2009 Trafficking in Persons Report
travel opportunities, easier access to of the United States (US) State Department
passport); due to the Philippine government’s alleged
- Higher salaries and standard of living in failure to show evidence of progress in
larger cities and countries abroad (greater convicting trafficking offenders, particularly
possibilities for acquiring new skills and those responsible for labor trafficking.
education, increased job opportunity, and
mobility); Vulnerable sector
- Established migration routes and ethnic, - Profiles of women trafficked show that they
national communities; are mostly young, without or less education
- Active demand for migrant workers in coming from the rural areas and poor
destination countries combined with the families, which include women displaced in
existence of recruitment agencies and Central Luzon due to the eruption of Mt.
persons willing to facilitate jobs and travel; Pinatubo or the landslide in Guinsaugon
and Southern Leyte.
- High expectations of opportunities in other
countries boosted by global media and
internet access and stories of returning Philippine Government Manifested its
migrants or those whose families have Commitment against TIP through the
profited from remittances. Creation/Amendment of other legislative acts
such as:
Global Status of Human Trafficking - Mail-Order Bride (RA 6955)
- In 2004, according to U.S government - Anti-Rape law of 1997 (RA 8553)
600,000 to 800, 000 people were victims of - Rape Victim Assistance and Protection Act of
trafficking worldwide. 1988 (RA 8505)
(mostly female and minors and 70 percent - Special Protection of Children Against Abuse,
were trafficked for sexual exploitation) Exploitation and Discrimination Act (RA
- According to the data of International Labour 7610)
Organization 12.3 Million people were - An Act Prohibiting the Employment of
trafficked around the world (across borders Children Below 15 Years of Age in Public and
and individual countries) Private Undertakings (RA 7658)
- 300, 000 children were trafficked to served in - Migrant Workers and Overseas Filipinos Act
armed conflicts (UNICEF) of 1995 (RA 8042)
- Philippine Passport Act of 1996 (RA 8239)
TIP in Asia - Inter-Country Adoption Law (RA 8043)
- 9.5 million were trafficked in Asia (ILO).
Republic Act 9208
- Anti-Trafficking in Persons Act of 2003
- Approved May 26, 2003 government agency which issues these certificates
- Consolidation of Senate Bill No. 2444 and and stickers as proof of compliance with government
House Bill No. 2444 regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;
Section 4.Acts of Trafficking in Persons. - It shall be (c) To advertise, publish, print, broadcast or
unlawful for any person, natural or juridical, to distribute, or cause the advertisement, publication,
commit any of the following acts: printing, broadcasting or distribution by any means,
(a) To recruit, transport, transfer; harbor, provide, or including the use of information technology and the
receive a person by any means, including those done internet, of any brochure, flyer, or any propaganda
under the pretext of domestic or overseas material that promotes trafficking in persons;
employment or training or apprenticeship, for the (d) To assist in the conduct of misrepresentation or
purpose of prostitution, pornography, sexual fraud for purposes of facilitating the acquisition of
exploitation, forced labor, slavery, involuntary clearances and necessary exit documents from
servitude or debt bondage; government agencies that are mandated to provide
(b) To introduce or match for money, profit, or pre-departure registration and services for departing
material, economic or other consideration, any persons for the purpose of promoting trafficking in
person or, as provided for under Republic Act No. persons;
6955, any Filipino woman to a foreign national, for (e) To facilitate, assist or help in the exit and entry of
marriage for the purpose of acquiring, buying, persons from/to the country at international and
offering, selling or trading him/her to engage in local airports, territorial boundaries and seaports
prostitution, pornography, sexual exploitation, forced who are in possession of unissued, tampered or
labor, slavery, involuntary servitude or debt fraudulent travel documents for the purpose of
bondage; promoting trafficking in persons;
(c) To offer or contract marriage, real or simulated, (f) To confiscate, conceal, or destroy the passport,
for the purpose of acquiring, buying, offering, selling, travel documents, or personal documents or
or trading them to engage in prostitution, belongings of trafficked persons in furtherance of
pornography, sexual exploitation, forced labor or trafficking or to prevent them from leaving the
slavery, involuntary servitude or debt bondage; country or seeking redress from the government or
(d) To undertake or organize tours and travel plans appropriate agencies; and
consisting of tourism packages or activities for the (g) To knowingly benefit from, financial or otherwise,
purpose of utilizing and offering persons for or make use of, the labor or services of a person held
prostitution, pornography or sexual exploitation; to a condition of involuntary servitude, forced labor,
(e) To maintain or hire a person to engage in or slavery.
prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for Section 6.Qualified Trafficking in Persons. - The
the purpose of prostitution, pornography, sexual following are considered as qualified trafficking:
exploitation, forced labor, slavery, involuntary (a) When the trafficked person is a child;
servitude or debt bondage; (b) When the adoption is effected through Republic
(g) To recruit, hire, adopt, transport or abduct a Act No. 8043, otherwise known as the "Inter-Country
person, by means of threat or use of force, fraud, Adoption Act of 1995" and said adoption is for the
deceit, violence, coercion, or intimidation for the purpose of prostitution, pornography, sexual
purpose of removal or sale of organs of said person; exploitation, forced labor, slavery, involuntary
and servitude or debt bondage; Deficiency Syndrome
(h) To recruit, transport or adopt a child to engage in (AIDS).
armed activities in the Philippines or abroad. (c) When the crime is committed by a syndicate, or in
large scale. Trafficking is deemed committed by a
Section 5.Acts that Promote Trafficking in Persons. - syndicate if carried out by a group of three (3) or
The following acts which promote or facilitate more persons conspiring or confederating with one
trafficking in persons, shall be unlawful: another. It is deemed committed in large scale if
(a) To knowingly lease or sublease, use or allow to be committed against three (3) or more persons,
used any house, building or establishment for the individually or as a group;
purpose of promoting trafficking in persons; (d) When the offender is an ascendant, parent,
(b) To produce, print and issue or distribute sibling, guardian or a person who exercises authority
unissued, tampered or fake counseling certificates, over the trafficked person or when the offense is
registration stickers and certificates of any committed by a public officer or employee;
3. INTERNET PORNOGRAPHY
COMPUTER CRIME 4. LAUNCHING OF HARMFUL COMPUTER
- any crime accomplished through special VIRUSES
knowledge of computer technology. 5. DISTRIBUTED DENIAL OF SERVICE ATTACKS
- any crime where computer is used as a tool or (DOS)
as a target or incidental to the commission of 6. WEBSITE DEFACEMENT
a crime. 7. ACQUIRING CREDIT CARD INFORMATION
- Also known as Cybercrime. FROM AN E-COMMERCE WEBSITE
- Any illegal act in which knowledge of 8. INTERNET SHOPPING USING
computer technology is used to commit the FRAUDULENTLY ACQUIRED CREDIT CARDS
offense. (L. E. Quaratiello) 9. WIRE TRANSFER OF FUNDS FROM A
- All illegal activities that are committed by or FRAUDULENTLY ACQUIRED CREDIT CARD
with the aid of computer or information 10. ON-LINE AUCTION FRAUD
technology or in which the computers are the
target of the criminal enterprise. (Martin L. WHAT ARE COMMON METHODS AND STANDARD
Forst) TERMS USED TO DESCRIBE CYBER CRIME?

CYBER CRIME IN THE PHILIPPINES Hacking


- is the act of illegally accessing the computer
The LOVE BUG system/network of an individual, group or
By far the most popular incidence of cyber business enterprise without the consent or
crime in the Philippines is the “ILOVEYOU Virus” or approval of the owner of the system
the LOVE BUG. The suspect in the case, a 23-year old
student from a popular computer university in the Cracking
Philippines drafted the virus with the vision of - is a higher form of hacking in which the
creating a program that is capable of stealing unauthorized access culminates with the
passwords in computers, ultimately to have free process of defeating the security system for
access to the internet. the purpose of acquiring money or
During the height of the LOVE BUG incident, information and/or availing of free services
Reuters has reported: "The Philippines has yet to
arrest the suspected creator of the 'Love Bug'
computer virus because it lacks laws that deal with Malicious Sending of E-mails
computer crime, a senior police officer said". The fact - the sending of malicious and defamatory
of the matter is that there are no laws relating to electronic mails for the purpose of extorting
Cybercrime in the Philippines. The National Bureau money, or threatening prospective victims
of Investigation is finding it difficult to legally arrest
the suspect behind the 'Love Bug' computer virus. Internet Pornography
As such, the need for countries to legislate - The trafficking, distribution, posting, and
Cyberlaws relating to Cybercrime arises on an urgent dissemination of obscene material including
priority basis. Due to the incident, the Philippines children’s nude pictures, indecent exposure,
have seen the necessity for the passage of a law to and child sex slavery posted into the internet,
penalize cyber crimes, thus the enactment of live streaming videos aired through the
Republic Act 8792 otherwise known as the Electronic internet
Commerce Act.
A computer virus
RA 8792 - is a computer program that can copy itself
- legislated because of I love you virus and infect a computer without permission or
- This Act shall be known and cited as the knowledge of the user
"Electronic Commerce Act.”
- Approved June 14, 2000 Launching of Harmful Computer Virus
1. Virus
Common Types of Cyber Crimes already handled 2. Worm
by NBI 3. Trojan Horse
1. HACKING / CRACKING
2. MALICIOUS EMAIL SENDING Worm
- spread itself to other computers without of all the customers who bought from a
needing to be transferred as part of a host certain e-commerce site. Upon acquisition
thereof, it will be decrypted to make it
Trojan horse readable and all the information of the
- is a file that appears harmless until executed. transactions will be made available.Hackers
Trojan horses do not insert their code into prefer VISA, AMERICAN EXPRESS and
other computer files MASTERCARD when filtering credit card
information. It is because VISA and
Logic bomb MASTERCARD are widely accepted by almost
- a set of instructions secretly inserted into a ALL Internet Shopping Sites. American
program that is designed to execute if a Express on the other hand has no CREDIT
particular program is satisfied LIMIT
- the bomb lies dormant until a particular date
is reached or command entered - Credit card numbers of American Express
start with the number 3, MasterCard credit
Identity theft cards start with the number 5 while VISA
- defined as the criminal act of assuming Credit cards start with the number 4
person’s name, address, social security
number, and date of birth in order to commit - American Express credit cards have 15 digits
fraud Account Number while Visa and Mastercard
credit cards contain 16.
Phishing
- sending fraudulent e-mails or website pop- Internet Shopping Using Fraudulently Acquired
ups, to get victims to divulge sensitive Credit Card
financial information such as credit card Hackers, upon acquiring the desired credit
numbers or social security numbers card information now conducts “window shopping”,
hopping from one shop site to another, looking for
Distributed Denial of Service Attacks cellphones, gadgets, apparels, computer peripherals,
- DDoS attacks can be committed by employing softwares etc. When he finds what he wants to buy,
multiple computers controlled by a single he then add/s his desired item/s to the shopping cart
master computer server to target a particular and checkouts. He will then supply the Credit Card
server by bombarding it with thousands of information of the fraudulently acquired credit card
packets of data in an attempt to overwhelm such as the Complete name of the cardholder,
the server and cause it to crash address, zip code, state, email address, credit card
number and expiration date. Other pertinent
Website defacement information such as shipping address of the items
- is the unauthorized modification of a website ordered will have to be supplied too.

Acquiring Credit Card Information from a Wire Transfer of Funds from Fraudulently
Website that offers E-Services Acquired Credit Card
- When you shop online, the most convenient When a hacker knows your complete credit
way to pay for the items you order is through card information, he can extract CASH from the
your credit card. When you pay thru your acquired credit/debit card online. By signing up with
credit card, you need to disclose information Western Union Money Transfer
such as your complete name, your postal (http://www.westernunion.com) using the
address, zip code, state, phone number credit fraudulently acquired credit card information, he can
card account number, its expiration date and pretend that he will just send money to his relative
its security code/pin. Upon entering the and western union will directly debit the credit card
above-mentioned information, it will be and it will reflect on the billing statement of the
verified “real-time” by the site merchant. It original credit card holder.Wire transfer of funds
usually takes a minute to verify whether the using credit cards require the credit card security
credit card is valid or invalid. If valid, the number.
information you entered will be stored in the
website’s database server. Hackers look for Online Auction Fraud
the file containing the credit card information
- First, the fraudster should sign up for an eventually the subscriber of the account where the
account at an online auction site such as e- internet activity was performed.
bay, yahoo auctions or U-Bid
- The fraudster falsifies all information that he The IP Address as given by the ISP depends on the
enters on the signup page. The only true type of internet account a subscriber maintains,
information is his email address, for he will whether it is a DYNAMIC IP or STATIC IP.
be contacted by interested bidders by means
of email.He will be asked to provide a credit
card. This is where he will need the If Static:
fraudulently acquired credit card. When all of Subscriber information (name, billing
the required fields are signed up, his address, installation address, type of internet
application will be approved and he will be a account, usage and costs etc.) if applicable
registered member of the said auction site. He
is now then allowed to bid, and auction any If Dynamic
item. A fraudster will auction expensive items log reports indicating telephone number used
such as laptops, cellphones, PDA’s (handheld to make “dial-up” access
devices), desktop computers, camcorders and
hard to find memorabilias. He will then sell it VERY IMPORTANT:
at a lower price for legitimate bidders to bid The address of the subscriber as given by the
immediately. An online fraudster only accepts ISP or Phone Company should be analyzed to
payments thru personal checks, money order, determine whether it is a Billing Address or an
wire transfer and western union money Installation Address.
transfer. It is bluntly stipulated in his auction For purposes of a search warrant application,
page. the Installation Address is the more important matter
to consider. The purpose of a Search Warrant
TECHNICAL TERMS application/ implementation in a cyber crime
investigation, as with any other offense is to
ISP – stands for Internet Service Provider. It provides confiscate and seize the instruments/implements,
internet service to internet users. tools used in the commission of the offense. Since the
IP Address – series of numbers assigned by an crime was committed with the aid of a computer, the
Internet Service Provider to an internet user when it same and its peripherals are the instruments used in
connects to the Internet its commission.
Dynamic IP Address – a type of IP Address that
changes everytime the internet user accesses his TOP TEN SECURITY TIPS FOR COMPUTER USERS
Internet Service Provider. It is usually assigned to 1. Never send an e-mail that you wouldn't let
dial-up or base speed broadband service subscribers your wife or boss to read.
(eg. ISP Bonanza, Surfmaxx, PLDT myDSL 128kbps 2. Turn off your computer when you are not
service etc.) using it. It is the only sure way to keep the
Static IP Address – a type of IP Address that is hackers out.
constant regardless of the time or number of 3. Use a password to log onto your computer.
attempts the internet user accesses the internet. It is Most operating system let you set a password
usually assigned to High-Speed Internet Users or and to change it regularly.
Corporate Accounts (eg. ADSL (Asymetric Digital 4. Don’t accept cookies. If you have to, delete
Subscriber Line) connections, E1 Internet them when you are finished surfing.
Connections, OC3 Internet Connections, T1 Internet 5. Use the latest versions and software patches
Connections, Leased Line Internet Connections) for your e-mail and your browser. New security
Website – a portfolio of a person / organization / loopholes are constantly being discovered.
entity / company which is posted on the Internet for 6. Keep your antivirus up to date. Hackers never
accessibility worldwide. rest. Every email attachment can contain a virus,
so scan it before you open it.
The INTERNET PROTOCOL (IP) ADDRESS is 7. Watch your laptop at the airport. Be specially
the anchor of the investigation of all crimes careful at X-ray security machines, which is
committed via the internet. The identification of the where most laptop theft occur.
IP Address leads to the identity of the Internet 8. Don’t use the same password over and over.
Service Provider (ISP) used to access the internet and Make new variations.
9. Use a paper shredder. Don’t just throw out - violent criminal behavior designed to generate
unsolicited credit card application. Shred them. fear in the community, or a substantial segment
10. Never give out your social security number, of it, for political purpose
online or off. This information in a wrong hand is
license to steal. International terrorism
- politically-oriented extreme violence that is
TERRORISM perpetrated by residents or representatives
of one or more countries against the interest
- the word terror derives from the Latin word of another country or by members of a violent
terrere, meaning “to frighten” foreign politically directed organization not
- the use or threatened use of force design to bring affiliated with the country being attacked for
about political change. (Brian Jenkins of the Rand the purpose of forcing a change in
Corporation) government or in how society functions
- the unlawful use of force or violence against
persons or property to intimidate or coerce a Al Qaeda
government, the civilian population, or any - in Arabic, this means The Base
segment thereof, in furtherance of political or - founded by Osama bin Laden in 1980
social objectives (FBI)
- an action the urban guerilla must execute with Osama bin Laden
the cold-bloodedness, calmness and decision - Organized al Qaeda
(Modern godfather of urban guerilla, Carlos - born in 1955 or 1957 in the city of Riyadh
Marighella) - responsible for truly heinous terrorist
- a premeditated, politically motivated violence incidents, including the 2001 destruction of
perpetuated against noncombatant targets by the World Trade Center (WTC)
groups of clandestine state agents, usually - died killed in Pakistan on May 2, 2011
intended to influence an audience (U.S (Operation Neptune Spear)
Department of State)
- Paul Pillar, an erstwhile deputy chief of the CIA Ayman Mohammed Rabie al-Zawahiri
counter-terrorist center, opined that terrorism - Born June 19, 1951
has four basic components or elements providing - An Egyptian physician, Islamic theologian and
guides to defining it, namely: current leader of al-Qaeda.
1. It is premeditated, planned in advance,
rather an impulsive act of rage; Hamas
2. It is political and not criminal, but designed - "enthusiasm“
to change existing political order; - an acronym of Ḥarakat al-Muqāwamah al-
3. It is aimed at civilians and not a military ʾIslāmiyyah"Islamic Resistance Movement")
targets or combat ready troops; and - is the Palestinian Sunni Islamic or Islamist
4. Sub-national groups execute it, not the political party that governs the Gaza Strip.
army of a given country. - Sheikh Ahmed Yassin & Mahmoud Zahar
- the unlawful or threatened use of force or - “Hamas is an extremist group...it is one of the
violence by a person or an organized group deadliest terrorist organizations in the world
against people or property. With the intention of today.” George W. Bush
intimidating or coercing societies or
governments, often for ideological or political Hezbollah
reasons, (Webster Dictionary) - literally "Party of God“
- a threat or actual use of force or violence for - is a Shi'a Muslim militant group and political
political or other purpose, to foster fear, distrust, party based in Lebanon.
insecurity, and unrest among specific or the - receives financial and political support from Iran
general population and Syria, and its paramilitary wing is regarded
- violence for effect not primarily, and sometimes as a resistance movement throughout much of
not all for the physical effect on the actual target, the Arab and Muslim worlds
but rather for its dramatic on an audience - the United States, the Netherlands United
- the calculated use of violence or the threat of Kingdom, Israel, Australia, and Canada classify
violence to attain goals, often political or Hezbollah as a terrorist organization, in whole or
ideological in nature in part
- the category of terrorist organization which is
Jemaah Islamiya aimed at establishing a dominant or superior race
- Dates of operation: 1993- present that will be looked upon by the entire populace in
- Aliases: "Islamic Congregation, Islamic the world.
Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Revolutionary
Philippines; Singapore - the category of terrorist group which is dedicated
- Founding Philosophy: Create an Islamic state to overthrow an established order and replacing
across Southeast Asia to include Singapore, it with a new political or social structure.
Indonesia, Malaysia, Brunei, southern Thailand,
and southern Philippines. Political
- JI was added to the United Nations 1267 - the category of terrorist group which aims in
Committee's list of terrorist organizations linked restructuring the society.
to al-Qaeda or the Taliban on 25 October 2002
under UN Security Council Resolution 1267 Nationalistic
- those who commit acts of violence due to their
Domestic Terrorism loyalty or devotion to their country.
- politically oriented extreme violence that is
perpetrated by residents of a country within that ROOT CAUSES OF TERRORISM
country in order to force a change in government 1. Political Ideologicalism
or how in society functions 2. Religious Fanaticism

TERRORIST IN THE PHILIPPINES Jihad


- the term which refers to the holy war waged
Rajah Solaiman Movement by members of the Islamic religion against
- aka “Balik Islam” or “Back To Islam” the Jews.
- founder Hilarion del Rosario Santos III aka
Hannah Santos, aka Ahmed Santos, aka IDEOLOGY
Hilarion del Rosario, converted to Islam in - body of ideas affecting the social needs and
1993 and married into the top ranks of the aspirations of an individual or group, a class
leadership of the Abu Sayyaf Group (ASG) or a culture”
- one of the latest groups affiliated with ASG, - Bovier defines it as “a set of doctrines or
MILF and JI beliefs that from the basis of a political,
economic and other systems”.
ABU SAYYAF GROUP (ASG)
Aliases: TERRORIST TACTICS
- Al-Harakat Al-Islamiyyah, Bearer of the 1. Bombings
Sword, Father of the Swordsman 2. Assassinations and Assaults
3. Kidnapping
Founding Philosophy 4. Hostage-taking/skyjacking
- The Abu Sayyaf Group (ASG) was formed in 5. Weapons of mass destruction (WMD)
1991 during the peace process between the
Philippine government and the WHAT IS WEAPON OF MASS DESTRUCTION
nationalist/separatist terrorist group, the (WMD)?
Moro National Liberation Front (MNLF). - term used to describe a massive weapon with the
Angered by the movement toward a peaceful capacity to indiscriminately kill large number of
resolution, certain MNLF members formed people
Abu Sayyaf - it could be nuclear, biological and chemical
weapons
DIFFERENT TYPES OF TERRORISM
1. Anti-colonial Terrorism Categories of chemical agents (mostly in liquid
2. Ideological Terrorism form)
3. Religious Terrorism 1. Nerve agents
2. Blistering agents
Ethnocentric 3. Chocking agents
4. Nerve agents - exposure to the toxin, the nerve cell synapses
are affected, causing palsy, spasms, and then
1. Nerve Agents paralysis
- agents that disrupt the mechanism by which
nerves communicate with organs they stimulate Brucellosis
- in other words the agents gets the nerves to send - also known as undulant fever
the wrong signal to the muscles they control and - symptoms can include intermittent or
hence, disrupt muscle function of the body prolonged fever, headaches, profuse
ex. Sarin Gas sweating, chills, pains in the joints and
muscles and fatigue
2. Blistering Agents
- there are three common of this type; the most Cholera
widely known are mustard gas, lewisite, and - an acute gastrointestinal disease caused by
phosgene oxime. Mustard gas, first used in Vibrio Cholera
World War I, will caused blistering on the - symptoms include a sudden onset of nausea
exposed portions of the body, as well as on and or vomiting accompanied by severe
internal organs. It will generally cause diarrhea and a rapid loss of body fluids
blindness and then death by respiratory
failure Plague
- in natural transmittal form, the plague may
3. Chocking Agents the bubonic plague, or black death that
- one of the deadliest choking agents is eradicated a great number of European in the
phosgene gas. This agent damages the middle ages
respiratory system and causes the lungs to fill - transmitted from person to person by
with water, and thus chokes the victim. respiratory transmission, through rats, or
Ex. chlorine from the bite of an infected flea
- symptoms are high fever accompanied by
Biological Agents (liquid or dry form) general aches, severe weakness, and
1. Anthrax pneumonia
2. Botulinum toxin
3. Brucellosis Typhoid fever
4. Cholera - caused by an organism called salmonella
5. Plague typhosa which causes fever and frontal
6. Typhoid fever headaches and is usually accompanied by
7. Rickettsia rose colored spots on the skin
- must employed through food and limited
Anthrax water contamination
- a single cell organism that is produced by a
fermentation process, such as that by which Rickettsia
beer is made - disease that appears in domesticated animals
- caused by Bacillus anthracis and the effects of such as sheep, cattle, and goats
exposure include a severe infection that - spread to human through inhalation of
attacks the skin, lungs, and gastrointestinal particles contaminated with organism
tract - incubation period, ranging from 10 to 14 days
- direct contact will cause formation of dry scabs
all over the victims body and can develop BOMBING
into systematic infection
- when inhaled, the agent attacks the Terrorist commit bombings for a number of
respiratory system with symptoms appearing reasons:
from one to seven days 1. To gain media attention, particularly the
target is visible or symbolic.
Botulinum toxin 2. Bombing is a cost effective and efficient way
- a protein made by the clostridium botulinum to attack a facility.
bacteria 3. Bombing can be accomplished with a small
number of personnel.
4. Bombing is inexpensive in comparison to 1. Article 122 (Piracy in General and Mutiny in the
alternatives such as kidnapping or hostage- High Seas or in the Philippine Waters);
taking. 2. Article 134 (Rebellion or Insurrection);
5. Random bombing make a considerable 3. Article 134-a (Coup d’ etat), including acts
impact on the population, because more committed by private persons;
people fear a bomb attack than being 4. Article 248 (Murder);
kidnapped or taken hostage. 5. Article 267 (Kidnapping and Serious Illegal
6. Explosives are readily available through theft, Detention);
sympathetic supporters, or purchase. 6. Article 324 (Crimes Involving Destruction)
Explosives can be constructed through the or under
use legitimately purchased chemicals, 1. Presidential Decree No. 1613 (The Law on
fertilizers, and other material. Arson);
2. Republic Act No. 6969 (Toxic Substances and
Types of bombers Hazardous and Nuclear Waste Control Act
1. Amateur of 1990);
2. Professional 3. Republic Act No. 5207, (Atomic Energy
3. Psychopathic Regulatory and Liability Act of 1968);
4. Suicidal 4. Republic Act No. 6235 (Anti-Hijacking Law);
1. Amateur 5. Presidential Decree No. 532 (Anti-piracy and
- can be described as experiments Anti-highway Robbery Law of 1974); and,
2. Professional 6. Presidential Decree No. 1866, as amended
- builds or bombs or does both for profit (Decree Codifying the Laws on Illegal and
3. Psychopathic Unlawful Possession, Manufacture, Dealing
- acts without rhyme or reason in, Acquisition or Disposition of Firearms,
4. Suicidal Ammunitions or Explosives)thereby
- major attack weapon in recent years, sowing and creating a condition of
particularly among Islamic terrorist widespread and extraordinary fear and
groups panic among the populace, in order to
coerce the government to give in to an
Number of elements which are almost universal unlawful demand shall be guilty of the
in modern terrorist activities crime of terrorism and shall suffer the
- The use of violence to persuade penalty of forty (40) years of
- Bombings or other attacks are employed to imprisonment, without the benefit of
“make a point” with target victims. parole as provided for under Act No. 4103,
- Selection of targets and victims for maximum otherwise known as the Indeterminate
propaganda value- Sentence Law, as amended.
- The use of unprovoked attacks
- Maximum publicity at minimum risk R.A. 9372, SEC. 4. Conspiracy to Commit Terrorism
- Use of surprise to circumvent - Persons who conspire to commit the crime of
countermeasures terrorism shall suffer the penalty of forty (40)
- Threats, harassment, and violence years of imprisonment
- Disregarding women and children as victims - There is conspiracy when two or more
- Propaganda is used to maximize the effect of persons come to an agreement concerning
the violence the commission of the crime of terrorism
- Loyalty to themselves or kindred groups
The provisions of Republic Act No. 4200
R.A. 9372 (Anti-Wire Tapping Law) to the contrary
- Human Security Act of 2007 notwithstanding, a police or law enforcement official
- Approved on March 6, 2007 and the members of his team may, upon a written
- Effective on May 15, 2007 order of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or type
Terrorism of electronic or other surveillance equipment or
–any person who commits an act punishable under intercepting and tracking devices, or with the use of
any of the following provisions of the RPC: (Sec. any other suitable ways and means for that purpose,
3) any communication, message, conversation,
discussion, or spoken or written words between - Corrupts financial institutions, control
members of a judicially declared and outlawed sizeable sectors of the economy through investments
terrorist organization, association, or group of and even bribe and infiltrate governments. In
persons or of any person charged with or suspected extreme cases, it may lead to the virtual take-over of
of the crime of terrorism or conspiracy to commit a legitimate government.
terrorism.
- Destroys the integrity of governments. With
Provided, That surveillance, interception and the increasing awareness of the ill-effects of money
recording of communications between lawyers and laundering and the growing interdependence among
clients, doctors and patients, journalists and their global communities, countries that are known to be
sources and confidential business correspondence used by money launderers could be placed in a bad
shall not be authorized. light, adversely affecting their financial institutions
and relations within regional and global economies.

MONEY LAUNDERING
The three common factors identified in
- MONEY LAUNDERING IS A CRIME. laundering operations are:
- MONEY LAUNDERING IS ALSO THE WORLD’S a.The need to conceal the origin and true
THIRD LARGEST INDUSTRY BY VALUE. ownership of the proceeds;
- Cash is a bearer instrument and completely b.The need to maintain control of the proceeds;
replaceable and easily convertible, lends c.The need to change the form of the proceeds in
anonymity to many forms of criminal activity order to shrink the huge volumes of
and of course is the preferred medium of cashgenerated by the initial criminal activity,
exchange in the criminal world. the so-called “predicate offense” or
- “Covers all procedures to change, obscure or “unlawful activity”.
conceal the beneficial ownership or audit trail
of illegally obtained money or valuables so IMPUNITY
that it appears to have originated from a - without fear of prosecution
legitimate source.” - without fear of confiscation
- “A process through which the existence of an
illegal source of unlawful application of illicit Money laundering is not a single act but is in fact
gains is concealed or disguised to make the a process that is accomplished in three basic
gains legitimate, thereby helping to evade steps or stages:
detection, prosecution, seizure and taxation.” a.Placement
b.Layering
“Money Laundering” is called what it is c.Integration
because the term perfectly describes what takes
place, illegal or dirty money is put through a cycle of - The physical disposal of cash proceeds
transactions, or “washed”, or “laundered”, so that it derived from the unlawful activity.
comes out the other end as legal, or clean money. - The aim is to remove cash from the location
of acquisition to avoid detection.
In other words, the source of illegally - Separating illicit proceeds from their source
obtained funds is obscured through a succession of by creating complex layers of financial
transfers and deals in order that those funds can transactions designed to disguise the source
eventually be made to appear legitimate income. of money, subvert the audit trail and provide
anonymity.
How serious is the problem? - The purpose is to disassociate the illicit
proceeds from the unlawful activity by
- Money laundering allows criminals to creating intentionally a complex web of
preserve and enjoy the proceeds of their crimes, financial transactions aimed at concealing any
providing them with the incentive and means to audit trail as well as the source and
perpetrate such activities and at the same time ownership of funds.
expand and consolidate their forces. - The final stage in the process at which the
money is integrated into legitimate economic
and financial systems and is assimilated with 6. Provide the widest possible range of assistance to
all the other assets in the system. other countries’ law enforcement and regulatory
- Integration of laundered money into the authorities for terrorist financing investigations.
economy is accomplished by making it appear 7. Impose anti-money laundering requirements on
to have been legally earned. Thus, alternative remittance systems.
exceedingly difficult to distinguish between 8. Strengthen customer identification requirements
legal and illegal wealth. in international and domestic wire transfers.
9. Ensure that entities, in particular non-profit
Laundering of Proceeds organizations cannot be used to finance
- Mix dirty money with legitimate funds terrorism.
- Use dirty money for legitimate purposes
- Invest dirty money in legitimate - The provisions of the Anti-Money Laundering
business/es Act of 2001 (AMLA) or R.A. No.9160, as amended,
lays down the Philippine policies and principles to
The Vienna Convention of 1988 – The United prevent banks, insurance companies and the
Nations Convention Against Illicit Traffic in Narcotic securities and capital markets and industries from
Drugs and Psychotropic Substances being utilized by money launderers to “wash” their
- “To deprive persons engaged in illicit traffic so-called “dirty money”.
of the proceeds of their criminal activities and
thereby eliminate their main incentive for The two-fold policy of the AMLA are :
doing.” 1. To protect and preserve the integrity and
- Taking profit away from the crime! confidentiality of bank accounts;
- Fighting money laundering prevents the 2. to ensure that the Philippines is not used
criminal from enjoying his ill-gotten gains as a money laundering site of the proceeds
and he will also be unable to infuse the same of unlawful activities.
back to his criminal activity or organization.
- The Financial Action Task Force (FATF) is the - Thus, it is the Philippines’ policy not only
international body formed by the leading to protect depositors and investors but of equal
industrial countries in the world, collectively importance is the investigation, apprehension
known as the Group of Seven (“G7”), during and prosecution of suspected money launderers.
the Paris G7 Summit of 1989. - Under the AMLA, money laundering is “ a
- The Forty Recommendations crime whereby the proceeds of an unlawful
- List of measures that the FATF encourages all activity are transacted, thereby making them
nations to adopt in order to institute and appear to have originated from legitimate
implement an effective anti-money sources.”
laundering program. They constitute the - Money Laundering as a crime is committed in
international standards of anti-money three (3) different ways under the AMLA
laundering measures with respect to the - “Any person knowing that any monetary
criminal justice system, law enforcement instrument or property represents, involves,
procedures and the regulation of the financial or relates to, the proceeds of any unlawful
system. activity, transacts or attempts to transact said
monetary instrument or property.”
1. Criminalization of money laundering - Imprisonment of 7 to 14 years and a fine of
2. Establishment of a system of suspicious not less than P 3 Million but not more than
transaction reporting twice the value of the monetary instrument
3. Creation of a centralized financial intelligence or property involved in the transaction.
unit or “FIU” - “Any person knowing that any monetary
4. Removal or relaxation of bank secrecy laws instrument or property involves the proceeds
5. Institution of a system allowing mutual assistance of an unlawful activity, performs or fails to
and cooperation between countries to apprehend perform any act as a result of which he
and prosecute suspected money launderers facilitates the offense of money laundering
referred to in paragraph (a) above.”
The FATF cracks down on terrorist financing with - Imprisonment of 4 to 7 years and a fine of not
the following nine special recommendations: less than P 1 Million but not more than P 3
Million.
- “Any person knowing that any monetary
instrument or property is required under this For the prevention of money laundering, the
Act to be disclosed and filed with the Anti- AMLA contains specific provisions on the following
Money Laundering Council (AMLC), fails to do areas:
so.” a.Customer identification
b.Keeping of records
Other penalties include: c.Recognition and reporting of covered and
- Forfeiture of the monetary instruments or suspicious transactions
property involved in the money laundering d.Training
offense in favor of the Philippine government.
- Perpetual or temporary absolute Importance of Customer Identification
disqualification from public office, as the case The inadequacy or absence of “KYC” standards can
may be, if the offender be a public official or subject banks to serious customer and counter
employee. (third) party risks, especially:
- If the offender is a corporation, partnership, 1. Reputational risk
association or any juridical person, the 2. Operational risk
penalty shall be imposed on the responsible 3. Legal and concentration risk
officer who participated in or allowed by
gross negligence the commission of the crime. Reputational Risk
- the potential that adverse publicity regarding
- “Unlawful Activity” refers to any act or a bank’s business practices and associations,
omission or series or combination thereof whether accurate or not, will cause a loss of
involving or having DIRECT relation to any of confidence in the integrity of the institution.
the following:
- Piracy on the high seas Operational Risk
- Qualified Theft - the risk of direct or indirect loss resulting
- Swindling from inadequate or failed internal processes,
- Smuggling people and systems or from external events.
- Offenses under the E-Commerce Act
- Hijacking, destructive arson, murder, Legal Risk
- Violations of the Securities and - the possibility that lawsuits, adverse
Regulation Code judgments or contracts that turn out to be
- Felonies or offenses of a similar unenforceable can disrupt or adversely affect
nature under penal laws of other the operations or condition of a bank.
countries
RA 9194
The Anti-Money Laundering Council (AMLC) is the - approved on March 7, 2003
financial intelligence unit of the Philippines and - An Act Amending Republic Act No. 9160,
is composed of the following officials : otherwise known as the Anti-Money Laundering Act
- The Governor of the Bangko Sentral ng of 2001
Pilipinas
- The Chairperson of the Securities and
Exchange Commission
- The Commissioner of the Insurance
Commission

A COVERED TRANSACTION is a transaction in ARM SMUGGLING


cash or other equivalent monetary instrument
involving a total amount in excess of PHP500,000.00 Smuggling
within one (1) banking day. - also known as trafficking, is the clandestine
transportation of goods or persons past a
Republic Act No. 9160 point where prohibited, such as out of a
- approved on September 29, 2001 building, into a prison, or across an
- this Act shall be known as the "Anti-Money international border, in violation of the law or
Laundering Act of 2001.“ other rules
WHAT ARE FIREARMS? Why should it be addressed?
- includes handguns, revolvers, pistols, rifles, - It poses a serious threat to national security
muskets, carbines, shotguns, cannons and all and a stumbling block to economic
other deadly weapons from which a bullet, development.
ball, shot, shall or other missile may be - Firearms can be tools of violence. Letting the
discharged by means of gunpowder or other control of the tools of violence get out of hand
explosives can be a disaster for
- also includes air rifles and air pistols not any society.
classified as toys under the provisions of
Executive Order No. 712 dated 28 July 1981. Efforts to curtail the problem
The barrel of any firearm shall be considered - Improvement of the traceability of firearms;
a complete firearm. - Passage of relevant laws and providing stiffer
penalties thereto;
FIREARMS TRAFFICKING - Encouraging return of loose firearms through
- refers to the act of any person who, through programs such as amnesty and “balik-baril”
the use of any fraudulent machinations, shall programs; and
import or bring into, or export from, the - More extensive law enforcement.
Philippines, or assist in so doing, any firearm
or parts thereof, explosive or ammunition or RELEVANT LAWS
machine, implements, equipments or tools for - The Memorandum for the SILG
the manufacture of firearms. recommending the phase-out of the use,
- shall likewise refer to the act of any person manufacture or sale of Paltik (home-made)
who, contrary to law, shall: Firearms; and
- receive, conceal, buy, sell, or in - The PNP Circular on the disposition of
any manner facilitate the Captured, Confiscated, Surrendered and
transportation, concealment Deposited Firearms, Ammunition and
or sale of said firearms or Explosives.
parts thereof, explosive or
ammunition or machine, BASIC FIREARMS LAWS, RULES AND
implements, equipments or REGULATIONS:
tools for the manufacture of Section 1, Republic Act No. 8294:
firearms, ammunition or Acts punishable: Unlawful Manufacture, Sale,
explosives after importation, Acquisition, Disposition or Possession of Firearms
knowing the same to have Ammunition or Instruments Used or Intended to be
been imported contrary to Used in the Manufacture of Firearms or
law. Ammunitions.
Penalty:Prision correccional in its maximum
Why does this illicit activity flourish? period and a fine of not less that Fifteen Thousand
- It is a dangerous but profitable criminal pesos(P15,000.00)
enterprise. (low-powered firearm such as rim fire
- However, it threatens not only public safety handgun, .380 or .32 and other firearm of similar
and national security but also endangers, and firepower, part of firearm, ammunition or machinery,
oftentimes, takes away the lives of innocent tool or instrument used or intended to be used in the
persons. manufacture of any firearm or ammunition: Provided
- It is one of the transnational organized crimes that no other crime was committed)
that affect not only the Philippines and other Section 1, Republic Act No. 8294:
neighboring Asian countries but also the rest - Acts punishable: Unlawful Manufacture,
of the world. Sale, Acquisition, Disposition or
- The country lacks anti-firearms Possession of Firearms Ammunition or
smuggling/trafficking laws. Instruments Used or Intended to be Used in
- No region is immune to illicit trade and the Manufacture of Firearms or Ammunitions.
trafficking in small arms and light weapons - Penalty:Prision mayor in its minimum period
- Collaborative and cooperative measures are and a fine of Thirty Thousand pesos
essential to address this transnational threat. (30,000.00)
- (high-powered firearm which includes - Copyright
those with bores bigger in diameter that .38
caliber and 9 millimeter such as caliber 40, Republic Act No. 8293
41, 44, 45 and also lesser calibered firearms - approved on June 6, 1997
but considered powerful such as caliber 357 - This Act shall take effect on 1 January
and caliber .22 center fire magnum and other 1998.
firearms with firing capability of full - Intellectual Property Code of the
automatic and by burst of two or three: Philippines.
Provided however, That no other crime was
committed by the person arrested) RA 10088
- known as the "Anti-Camcording Act of
INTELLECTUAL PROPERTY THEFT 2010
Intellectual property theft is used - Approved on May 13, 2010
interchangeably with intellectual property piracy
which is the unauthorized copying of goods, or works DRUG TRAFFICKING
such as software, for resale by way of profit or trade;
the production and sale by way of trade of copies of The Drug Trade
goods which have been made without the authority From the farmers to the producers, the
of the owner of the intellectual property; the smugglers, the street dealers, and the users, the drug
facilitation of their production, and the distribution of trade is deeply rooted in the global economy. It is
such goods including importation and retailing; protected and overseen by powerful groups known
counterfeiting or pirating of goods facilitated by use as drug cartels that make huge profits from this
of the Internet or satellite technologies, or piracy or multibillion-dollar industry.
theft of information or broadcasts, or unauthorized
photocopying of books for education purposes, or of What is drug trafficking?
unauthorized end-user piracy of software beyond the - another term for dug trade
purchaser’s license, or piracy of domain names or - refers to the illegal process through which
company names, or counterfeiting of currency; the narcotics and other illegal drugs are
unauthorized manufacture and distribution of copies produced, transported, and sold.
of such goods and works which are intended to - the illegal cultivation, culture, delivery,
appear to be so similar to the original as to be passed administration, dispensation, manufacture,
off as genuine examples. This includes use of famous sale, trading, transportation, distribution,
brands on clothing not manufactured by or on behalf importation, exportation and possession of
of the owner of the trade mark, and exact copies of any dangerous drug and/or controlled
CDs containing any material or software, which are precursor and essential chemical.
traded in a form intended to be indistinguishable to - generally refers to the sale and distribution of
ordinary consumers from the genuine product. illegal drugs
Intellectual property right is “the legal ownership by
a person or business of a copyright, design, and R.A. 6425 – Dangerous Drug Act of 1972 was
patent, trade mark attached to a particular product or repealed by,
process which protects the owner against
unauthorized copying or imitation. Such property R.A. 9165 – Comprehensive Dangerous Drug Act
rights are an important element of product of 2002
differentiation and confer temporary monopoly ENVIRONMENTAL CRIME
advantages to suppliers” (Pass, Lowes and Davies
1993: 265). The term intellectual property rights Environmental Crime
include copyright and related rights, trademarks and - the deliberate evasion of environmental laws
service marks, geographic indications, industrial and regulations by individuals and companies
designs, patents, layout-designs. in the pursuit of “personal interest and
benefit.” Where these activities involve
Four categories of intellectual property according movements across national boundaries, or
to Nicole Leeper Piquero impacts upon the world as a whole, they can
- Patents be termed "international environmental
- Trademarks crime”
- Trade secrets
The most common types of environmental crime fall The definition of piracy is contained in article
under these major categories: 101 of the 1982 United Nations Conventions on
(1) biodiversity; the Sea (UNCLOS)
(2) natural resources-related crime; “Piracy consist of any of the following acts:
(3) wastes; a. any illegal acts of violence or detention, or
(4) banned substances; any act of depredation, committed for private
(5) other environmental offences like ends by the crew or the passengers of a
biopiracy and transport of controlled biological or private ship or a private aircraft and directed:
genetically modified material; Illegal dumping of oil a.1 on the high seas, against another
and other wastes in oceans; violations of potential ship or aircraft, or against persons or
trade restrictions under the 1998 Rotterdam property on board of such ship or
Convention on the Prior Informed Consent Procedure aircraft.
for Certain Hazardous Chemicals and Pesticides in a.2 against a ship, aircraft, person or
International Trade; Trade in chemicals in property in a place outside the
contravention to the 2001 Stockholm; Convention on jurisdiction of any State.
Persistent Organic Pollutants; and fuel smuggling to b. Any act of voluntary participation in the
avoid taxes or future controls on carbon emissions. operation of a ship or an aircraft with
knowledge of facts making it a pirate ship or
ECONOMIC CRIME aicraft;
c. Any act inciting or of intentionally
Economic Crime facilitating an act describe in sub-paragraph
- referred to as commercial crimes and known (a) or (b)
also as “white collar” crimes
- any act characterized by fraud, concealment,
or a violation of trust and are not dependent SMUGGLING OF CULTURAL PROPERTIES
upon the application or threat of physical Smuggling of Cultural Property refers to the
force or violence act of any person who, through the use of any
fraudulent machinations, shall import or bring into,
PIRACY AND ARMED ROBBERY AGAINST SHIPS or export from, transfer from, the Philippines, or
assist in so doing, any cultural properties.
Sea Piracy is described as Cultural properties are old buildings, monuments,
(1) an act of any person who, on the high seas, shall shrines, documents, and objects which may be
attack or seize a vessel or, not being a member classified as antiques, relics, or artifacts, landmarks,
of its complement, nor a passenger, shall seize anthropological and historical sites, and specimens of
the whole or part of the cargo of said vessel, its natural history which are of cultural, historical,
equipment, or personal belonging of its anthropological or scientific value and significance to
complement or passengers; the nation; such as physical, anthropological,
(2) any attack upon or seizure of any vessel, or the archaeological and ethnographic materials,
taking away of the whole or part thereof, or its meteorites and tektites;
cargo, equipment, or the personal belongings of historical objects and manuscripts; household and
its complement or passengers, irrespective of agricultural implements; decorative articles or
the value thereof, by means of violence against personal adornment; works of art such as paintings,
or intimidation of persons or force upon things sculptures, carvings, jewelry, music, architecture,
committed by any person, including a sketches, drawings, or illustrations in part or in
passenger or member or complement of said whole; works of industrial and commercial art such
vessel, in Philippine waters, and as furniture, pottery, ceramics, wrought iron, gold,
(3) any person who knowingly and in any manner bronze, silver, wood or other heraldic items, metals,
aids or protects pirates, such as giving them coins, medals, badges, insignias, coat of arms, crests,
information about the movements of the police flags, arms and armor, vehicles or ships or boats in
or other peace officers of the government, or part or in whole.
acquires or receives property taken by such
pirates, or any person who abets the
commission of the piracy.

Оценить