Professional Documents
Culture Documents
AN ENFORCER
- the one who makes for the arrangements for the killing (injuring or carrying out the task
physically, economically or psychologically) the members or non members.
A CORRUPTER
- the one who corrupts or bribes, intimidate or threatens, negotiate or “sweet talks” into a
relationship with public officials, law enforcement officer, or anyone who would be of help in
obtaining security and immunity from possible arrest, prosecution and punishments.
A CORRUPTEE
- a public officials, law enforcement officers or anybody who not a member of the organization
who can helps the organization
Scale of Organized Criminal
2. Hierarchical
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 who happens to be occupying it at
any given time.
5. Perpetuates itself
An organized criminal group constitutes an ongoing criminal conspiracy designed to
persist through time; that is, beyond the life of the current membership. In order for the group to
survive, it must have an institutionalized process for inducting new members and inculcating
them with the values and ways of behaving of the social system. This is shown by the depth of
the sub-cultural orientation exhibited by the group.
7. Specialization/Division of Labor
There is a need for established functional position filled with qualified members.
Commonly, there is a need for:
(1) an enforcer, one who carries out difficult assignments involving the use of violence,
including murder, in a rational manner. He may use members or non members or even a
specialist to carry out the assignment; and
(2) a corrupter (fixer/money mover), excels in developing contacts.
8. MONOPOLISTIC
An organized crime group eschew competition. It strives for hegemony over a particular
geographic area, a particular “industry”, legitimate or illegitimate, or a combination of both.
A monopoly, of course, restrains “free trade” and increases profits. An organized crime
monopoly is maintained by violence, by the threat of violence, or by corrupt relationships with
law enforcement officials. A combination of both methods, violence and corruption, may be
employed.
4. Syndicated Crimes
- comes with a structure organization that participates in illicit activity in society
using force, or intimidation.
Victimizing business:
Hijacking of cargo trucks
Robbery
Bankruptcy fraud (“bust-out”)
Insurance Fraud
Stock Fraud (Inside Trading)
Victimizing individual persons:
Car theft (chop-shop or export)
Burglary (robbery in a building)
Stock Fraud (pump and dump scam)
Victimizing State:
Bid-rigging public projects
Counterfeiting of Money
Smuggling (Alcohol –bootlegging; Cigarettes – butt legging)
4. Miscellaneous Activities:
- Money laundering;
- Political corruptions;
- Bullying; and
- And Piracy.
THEORIES OF CRIME
1. The strain of anomie
2. Differential association
3. Subcultures and social disorganization
4. Social control theory
5. Ethnic succession
MAFIA
- is a term used to describe a number of criminal organizations around the world
- the first organization to bear the label was the Sicilian Mafia based in Italy, known to its
members as Cosa Nostra
- in sum, mafia means protection against arrogance of the powerful, remedy to any
damage, sturdiness of body, strength and serenity of spirit, and the best and exquisite
part of life.
- apparently Sicilian-Arabic derived from terms meaning to protect and to act as
guardian; a friend or companion; to defend; preservation, power, integrity, strength,
and a condition that designates the remedy of damage and ill.
OMERTA
- is a code of silence and secrecy that forbids Mafiosi from betraying their comrades to the
authorities.
- Ideal of manliness
- Noncooperation with authorities
- Self-control in the face of adversity
- Vendetta-blood washes blood
- Neither government nor church to be trusted
The foundation of the entire mafia is respect. Fear is the engine, and money is the
fuel. But longevity of the mafia as an enterprise is built upon an abiding and uncommon
sense of respect.
The penalty for transgression is death, and relatives of the turncoat may also be murdered.
Mafiosi generally do not associate with police (aside perhaps from corrupting individual officers
as necessary). For instance, a mafioso will not call the police when he is a victim of a crime. He
is expected to take care of the problem himself. To do otherwise would undermine his reputation
as a capable protector of others, and his enemies may see him as weak and vulnerable.
According to legend, the word Mafia was first used in the Sicilian revolt – the Sicilian
Vespers – against rule of the Capetian House of Anjou on 30 March 1282. In this legend, Mafia
is the acronym for "Morte Alla Francia, Italia Anela" (Italian for "Death to France, Italy cries!").
However, this version is now discarded by most serious historians.
VORY V ZAKONE
- aka “ thieves with code of honor”
The Nortenos include such gangs as Big Hazard, the Breed Street Gang and the Silver
Leaf Nortenos (SLN).
The Surtenos include the Assasins, King Kobra and Mara Salvatrucha.
In the Midwest
The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples Nation
based in Chicago.
In Texas, Mexican American gangs have proliferated with the Mexican Mafia, the PRM
(Partido Revolucionario Mexicano), and Mexicles being the most prominent.
Dragon Syndicates is another name for the Chinese Triads, a name popularized by Martin
Booth’s much acclaimed study “The Dragon Syndicates: the Global Phenomenon of the Triads
(New York: Carroll and Graf, 2000).
The Triad came from the symbolic triangle in their flag which indicates the three (3)
elements: The Heaven, The Earth and the Man.
Hong Kong Organized Criminal Groups
Triads, such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong. They
are involved in various activities ranging from drug trafficking to corruption.
ICAC- Independent Commission Against Corruption is one of the most active
Criminal Justice Unit involved in controlling illicit activities of these triads
JAPAN
Yakuza (8-9-3) or Boryokudan
- is the most influential organized crime group in Japan.
- Yakuza makes billions of dollars through corporate extractions and the Sokoiya
(shareholders meeting men).
- Other activities that they are involved include exploitation of women, prostitutions (mostly
coming from the Philippines, Thailand and Taiwan) and gambling den.
CAMBODIA
Drug trafficking and human smuggling are the most notable organized criminal activities
in Cambodia which are widely controlled by the Chinese and Myanmorese.
Other activities involved gambling, corruption, prostitution and money laundering.
Due to people’s belief of the effect of having sex with virgin women, prostitution became
one of the most expensive organized crime and virgin women are the highest valued
commodities.
REPUBLIC OF KOREA
MYANMAR
Myanmar has the largest organized crime groups controlled by military Junta. It includes
the following:
*United Wa State Army (UWSA) – under the command of Wei-Huseh-Kong – has
connection with Southeast Asian and North America.
* Kinkang Chinese – in coordination with MNDAA, protects cultivation areas and refining
of drugs.
* Myanmar National Democratic Alliance Army – control the plantations and refine opium
into heroin and also produced methamphetamine.
Trafficking of women and children to Pakistan and Thailand and corruption are also
some of the activities of the group.
TAIWAN
Taiwan organized crime has close connection with the Chinese Triads and Hong Kong
particularly the United Bamboo Gang. They are involved in drug trafficking, prostitution, women
and child trafficking.
SINGAPORE
This is the country with the lowest cases of organized activities due to stringent laws and
severe penalties and the government’s strong will power for the implementation of laws.
THAILAND
The country considered to be the most notorious in the world in terms of sex industry.
Supplies or imports about one (1) million women in different countries in Asia.
VIETNAM
“Nam Cam Gang” is one of the most noted organized crime group in Vietnam and
known for drug trafficking and one of the major transit point of drugs in Laos, Myanmar, China
and Taiwan from Cambodia.
PHILIPPINES
The country considered as the heaven for the sex industry. A number of women are sent
abroad as entertainers but later end-up as prostitutes. Thailand, Japan and other Asian
Countries are common places of their destination. Young children for pedophiles are also being
catered.
1. Francisco Group
- Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in Visayas
and Mindanao
2. Pentagon Group
- operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds.
Alonto is a nephew of MILF Chairman AL HAJ MURAD
3. Lexus Group
- specializes in carnapping and operates in NCR and Luzon
4. Rex “Wacky” Salud Group
- engaged in illegal gambling and operates in Cebu
5. Vic Yu Group
- engages in illegal gambling and operates in Visayas.
6. Superable Family
- a kidnapping for ransom (KFR) group with a 1 Million prize for the leader’s head who
was killed in action during a shoot-out with law enforcers
7. Martires KFR group
- killed in Action (KIA)
8. Waray-Waray Group
- an ethnic group engaged in kidnap for ransom operations. Members are either belong
from the family clan or natives from Samar and Leyte. Their leader was arrested on
September 24, 2005.
9. Lupo Rhu Group
- lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.
TRANSNATIONAL CRIME
- a continuing illegal activity of group of person which is primarily concerned with the
generation of profits, irrespective of national boundaries as a result of globalization.
GLOBALIZATION
- refers to the rapid development of the western culture that ultimately affects other
cultures in the world as brought by intellectual and technological advances, in which
some crimes occurring in other countries are attributed.
SERIOUS CRIME
- shall mean conduct constituting an offence punishable by maximum deprivation of liberty
of at least four years or a more serious penalty
HUMAN TRAFFICKING
Individual level
- Lack of education and information
- History of abuse and exploitation
- Women’s aspiration
Family
- Domestic violence or marital discord
- Desertion
- Separation
- Neglect of parents
- Breadwinner or desire to improve the family’s economic condition
Community
- Congested neighborhood
- Poor housing and living conditions
- Lack of employment opportunities
- Lack of basic social services
Society
- Political and economic insecurity
- Political corruption
- Conflict
- Structural adjustment policies resulting in the rising cost of living
- Poverty
- power relations and gender inequality
- Lure of migration
- Consumerism
- Supply and demand
TIP in Asia
- 9.5 million were trafficked in Asia (ILO).
(1/3 trafficked for other form of economic exploitation, the rest are for commercial sexual
exploitation)
Vulnerable sector
- Profiles of women trafficked show that they are mostly young, without or less education
coming from the rural areas and poor families, which include women displaced in Central
Luzon due to the eruption of Mt. Pinatubo or the landslide in Guinsaugon Southern
Leyte.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or apprenticeship,
for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor
or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To 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;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international
and local airports, territorial boundaries and seaports who are in possession of unissued,
tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.
COMPUTER CRIME
- any crime accomplished through special knowledge of computer technology.
- any crime where computer is used as a tool or as a target or incidental to the
commission of a crime.
- Also known as Cybercrime.
- Any illegal act in which knowledge of computer technology is used to commit the
offense. (L. E. Quaratiello)
- All illegal activities that are committed by or with the aid of computer or information
technology or in which the computers are the target of the criminal enterprise. (Martin L.
Forst)
CYBER CRIME IN THE PHILIPPINES
RA 8792
- legislated because of I love you virus
- This Act shall be known and cited as the "Electronic Commerce Act.”
- Approved June 14, 2000
WHAT ARE COMMON METHODS AND STANDARD TERMS USED TO DESCRIBE CYBER
CRIME?
Hacking
- is the act of illegally accessing the computer system/network of an individual, group or
business enterprise without the consent or approval of the owner of the system
Cracking
- is a higher form of hacking in which the unauthorized access culminates with the
process of defeating the security system for the purpose of acquiring money or
information and/or availing of free services
A computer virus
- is a computer program that can copy itself and infect a computer without permission or
knowledge of the user
Worm
- spread itself to other computers without needing to be transferred as part of a host
Trojan horse
- is a file that appears harmless until executed. Trojan horses do not insert their code into
other computer files
Logic bomb
- a set of instructions secretly inserted into a program that is designed to execute if a
particular program is satisfied
- the bomb lies dormant until a particular date is reached or command entered
Identity theft
- defined as the criminal act of assuming person’s name, address, social security number,
and date of birth in order to commit fraud
Phishing
- sending fraudulent e-mails or website pop-ups, to get victims to divulge sensitive
financial information such as credit card numbers or social security numbers
Website defacement
- is the unauthorized modification of a website
- Credit card numbers of American Express start with the number 3, MasterCard credit
cards start with the number 5 while VISA Credit cards start with the number 4
- American Express credit cards have 15 digits Account Number while Visa and
Mastercard credit cards contain 16.
TECHNICAL TERMS
ISP – stands for Internet Service Provider. It provides internet service to internet users.
IP Address – series of numbers assigned by an Internet Service Provider to an internet user
when it connects to the Internet
Dynamic IP Address – a type of IP Address that changes everytime the internet user accesses
his Internet Service Provider. It is usually assigned to dial-up or base speed broadband service
subscribers (eg. ISP Bonanza, Surfmaxx, PLDT myDSL 128kbps service etc.)
Static IP Address – a type of IP Address that is constant regardless of the time or number of
attempts the internet user accesses the internet. It is usually assigned to High-Speed Internet
Users or Corporate Accounts (eg. ADSL (Asymetric Digital Subscriber Line) connections, E1
Internet Connections, OC3 Internet Connections, T1 Internet Connections, Leased Line Internet
Connections)
Website – a portfolio of a person / organization / entity / company which is posted on the
Internet for accessibility worldwide.
The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the investigation of all
crimes committed via the internet. The identification of the IP Address leads to the identity of the
Internet Service Provider (ISP) used to access the internet and eventually the subscriber of the
account where the internet activity was performed.
The IP Address as given by the ISP depends on the type of internet account a subscriber
maintains, whether it is a DYNAMIC IP or STATIC IP.
If Static:
Subscriber information (name, billing address, installation address, type of internet
account, usage and costs etc.) if applicable
If Dynamic
log reports indicating telephone number used to make “dial-up” access
VERY IMPORTANT:
The address of the subscriber as given by the ISP or Phone Company should be
analyzed to determine whether it is a Billing Address or an Installation Address.
For purposes of a search warrant application, the Installation Address is the more
important matter to consider. The purpose of a Search Warrant application/ implementation in a
cyber crime investigation, as with any other offense is to confiscate and seize the
instruments/implements, tools used in the commission of the offense. Since the crime was
committed with the aid of a computer, the same and its peripherals are the instruments used in
its commission.
TERRORISM
- the word terror derives from the Latin word terrere, meaning “to frighten”
- the use or threatened use of force design to bring about political change. (Brian Jenkins of
the Rand Corporation)
- the unlawful use of force or violence against persons or property to intimidate or coerce a
government, the civilian population, or any segment thereof, in furtherance of political or
social objectives (FBI)
- an action the urban guerilla must execute with the cold-bloodedness, calmness and decision
(Modern godfather of urban guerilla, Carlos Marighella)
- a premeditated, politically motivated violence perpetuated against noncombatant targets by
groups of clandestine state agents, usually intended to influence an audience (U.S
Department of State)
- Paul Pillar, an erstwhile deputy chief of the CIA counter-terrorist center, opined that terrorism
has four basic components or elements providing guides to defining it, namely:
1. It is premeditated, planned in advance, rather an impulsive act of rage;
2. It is political and not criminal, but designed to change existing political order;
3. It is aimed at civilians and not a military targets or combat ready troops; and
4. Sub-national groups execute it, not the army of a given country.
- the unlawful or threatened use of force or violence by a person or an organized group
against people or property. With the intention of intimidating or coercing societies or
governments, often for ideological or political reasons, (Webster Dictionary)
- a threat or actual use of force or violence for political or other purpose, to foster fear,
distrust, insecurity, and unrest among specific or the general population
- violence for effect not primarily, and sometimes not all for the physical effect on the actual
target, but rather for its dramatic on an audience
- the calculated use of violence or the threat of violence to attain goals, often political or
ideological in nature
- violent criminal behavior designed to generate fear in the community, or a substantial
segment of it, for political purpose
International terrorism
- politically-oriented extreme violence that is perpetrated by residents or representatives of
one or more countries against the interest of another country or by members of a violent
foreign politically directed organization not affiliated with the country being attacked for
the purpose of forcing a change in government or in how society functions
Al Qaeda
- in Arabic, this means The Base
- founded by Osama bin Laden in 1980
Hamas
- "enthusiasm“
- an acronym of Ḥarakat al-Muqāwamah al-ʾIslāmiyyah "Islamic Resistance Movement")
- is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip.
- Sheikh Ahmed Yassin & Mahmoud Zahar
- “Hamas is an extremist group...it is one of the deadliest terrorist organizations in the world
today.” George W. Bush
Hezbollah
- literally "Party of God“
- is a Shi'a Muslim militant group and political party based in Lebanon.
- receives financial and political support from Iran and Syria, and its paramilitary wing is
regarded as a resistance movement throughout much of the Arab and Muslim worlds
- the United States, the Netherlands United Kingdom, Israel, Australia, and Canada classify
Hezbollah as a terrorist organization, in whole or in part
Jemaah Islamiya
- Dates of operation: 1993- present
- Aliases: "Islamic Congregation, Islamic Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Philippines; Singapore
- Founding Philosophy: Create an Islamic state across Southeast Asia to include
Singapore, Indonesia, Malaysia, Brunei, southern Thailand, and southern Philippines.
- JI was added to the United Nations 1267 Committee's list of terrorist organizations linked to
al-Qaeda or the Taliban on 25 October 2002 under UN Security Council Resolution 1267
Domestic Terrorism
- politically oriented extreme violence that is perpetrated by residents of a country within that
country in order to force a change in government or how in society functions
Founding Philosophy
- The Abu Sayyaf Group (ASG) was formed in 1991 during the peace process between
the Philippine government and the nationalist/separatist terrorist group, the Moro
National Liberation Front (MNLF). Angered by the movement toward a peaceful
resolution, certain MNLF members formed Abu Sayyaf
Ethnocentric
- the category of terrorist organization which is aimed at establishing a dominant or superior
race that will be looked upon by the entire populace in the world.
Revolutionary
- the category of terrorist group which is dedicated to overthrow an established order and
replacing it with a new political or social structure.
Political
- the category of terrorist group which aims in restructuring the society.
Nationalistic
- those who commit acts of violence due to their loyalty or devotion to their country.
Jihad
- the term which refers to the holy war waged by members of the Islamic religion against
the Jews.
IDEOLOGY
- body of ideas affecting the social needs and aspirations of an individual or group, a class
or a culture”
- Bovier defines it as “a set of doctrines or beliefs that from the basis of a political,
economic and other systems”.
TERRORIST TACTICS
1. Bombings
2. Assassinations and Assaults
3. Kidnapping
4. Hostage-taking/skyjacking
5. Weapons of mass destruction (WMD)
1. Nerve Agents
- agents that disrupt the mechanism by which nerves communicate with organs they stimulate
- in other words the agents gets the nerves to send the wrong signal to the muscles they
control and hence, disrupt muscle function of the body
ex. Sarin Gas
2. Blistering Agents
- there are three common of this type; the most widely known are mustard gas, lewisite,
and phosgene oxime. Mustard gas, first used in World War I, will caused blistering on
the exposed portions of the body, as well as on internal organs. It will generally cause
blindness and then death by respiratory failure
3. Chocking Agents
- one of the deadliest choking agents is phosgene gas. This agent damages the
respiratory system and causes the lungs to fill with water, and thus chokes the victim.
Ex. chlorine
Anthrax
- a single cell organism that is produced by a fermentation process, such as that by which
beer is made
- caused by Bacillus anthracis and the effects of exposure include a severe infection that
attacks the skin, lungs, and gastrointestinal tract
- direct contact will cause formation of dry scabs all over the victims body and can develop
into systematic infection
- when inhaled, the agent attacks the respiratory system with symptoms appearing from
one to seven days
Botulinum toxin
- a protein made by the clostridium botulinum bacteria
- exposure to the toxin, the nerve cell synapses are affected, causing palsy, spasms, and
then paralysis
Brucellosis
- also known as undulant fever
- symptoms can include intermittent or prolonged fever, headaches, profuse
sweating, chills, pains in the joints and muscles and fatigue
Cholera
- an acute gastrointestinal disease caused by Vibrio Cholera
- symptoms include a sudden onset of nausea and or vomiting accompanied by severe
diarrhea and a rapid loss of body fluids
Plague
- in natural transmittal form, the plague may the bubonic plague, or black death that
eradicated a great number of European in the middle ages
- transmitted from person to person by respiratory transmission, through rats, or from the
bite of an infected flea
- symptoms are high fever accompanied by general aches, severe weakness, and
pneumonia
Typhoid fever
- caused by an organism called salmonella typhosa which causes fever and frontal
headaches and is usually accompanied by rose colored spots on the skin
- must employed through food and limited water contamination
Rickettsia
- disease that appears in domesticated animals such as sheep, cattle, and goats
- spread to human through inhalation of particles contaminated with organism
- incubation period, ranging from 10 to 14 days
BOMBING
Types of bombers
1. Amateur
2. Professional
3. Psychopathic
4. Suicidal
1. Amateur
- can be described as experiments
2. Professional
- builds or bombs or does both for profit
3. Psychopathic
- acts without rhyme or reason
4. Suicidal
- major attack weapon in recent years, particularly among Islamic terrorist groups
R.A. 9372
- Human Security Act of 2007
- Approved on March 6, 2007
- Effective on May 15, 2007
Terrorism
– any person who commits an act punishable under any of the following provisions of the RPC:
(Sec. 3)
1. Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d’ etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. 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.
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.
MONEY LAUNDERING
“Money Laundering” is called what it is because the term perfectly describes what takes
place, illegal or dirty money is put through a cycle of transactions, or “washed”, or “laundered”,
so that it comes out the other end as legal, or clean money.
In other words, the source of illegally obtained funds is obscured through a succession
of transfers and deals in order that those funds can eventually be made to appear legitimate
income.
- Money laundering allows criminals to preserve and enjoy the proceeds of their crimes,
providing them with the incentive and means to perpetrate such activities and at the same time
expand and consolidate their forces.
- Destroys the integrity of governments. With the increasing awareness of the ill-effects of
money laundering and the growing interdependence among global communities, countries that
are known to be used by money launderers could be placed in a bad light, adversely affecting
their financial institutions and relations within regional and global economies.
IMPUNITY
- without fear of prosecution
- without fear of confiscation
Money laundering is not a single act but is in fact a process that is accomplished in three
basic steps or stages:
a. Placement
b. Layering
c. Integration
- 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.
- 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.
- 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.
- Integration of laundered money into the economy is accomplished by making it appear to
have been legally earned. Thus, exceedingly difficult to distinguish between legal and
illegal wealth.
Laundering of Proceeds
- Mix dirty money with legitimate funds
- Use dirty money for legitimate purposes
- Invest dirty money in legitimate business/es
The Vienna Convention of 1988 – The United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances
- “To deprive persons engaged in illicit traffic of the proceeds of their criminal activities
and thereby eliminate their main incentive for doing.”
- Taking profit away from the crime!
- Fighting money laundering prevents the criminal from enjoying his ill-gotten gains and he
will also be unable to infuse the same back to his criminal activity or organization.
- The Financial Action Task Force (FATF) is the international body formed by the leading
industrial countries in the world, collectively known as the Group of Seven (“G7”), during
the Paris G7 Summit of 1989.
- The Forty Recommendations
- List of measures that the FATF encourages all nations to adopt in order to institute and
implement an effective anti-money laundering program. They constitute the international
standards of anti-money laundering measures with respect to the criminal justice
system, law enforcement procedures and the regulation of the financial system.
1. Criminalization of money laundering
2. Establishment of a system of suspicious transaction reporting
3. Creation of a centralized financial intelligence unit or “FIU”
4. Removal or relaxation of bank secrecy laws
5. Institution of a system allowing mutual assistance and cooperation between countries to
apprehend and prosecute suspected money launderers
The FATF cracks down on terrorist financing with the following nine special
recommendations:
6. Provide the widest possible range of assistance to other countries’ law enforcement and
regulatory authorities for terrorist financing investigations.
7. Impose anti-money laundering requirements on alternative remittance systems.
8. Strengthen customer identification requirements in international and domestic wire transfers.
9. Ensure that entities, in particular non-profit organizations cannot be used to finance
terrorism.
- The provisions of the Anti-Money Laundering Act of 2001 (AMLA) or R.A. No.9160, as
amended, lays down the Philippine policies and principles to prevent banks, insurance
companies and the securities and capital markets and industries from being utilized by money
launderers to “wash” their so-called “dirty money”.
- Thus, it is the Philippines’ policy not only to protect depositors and investors but
of equal importance is the investigation, apprehension and prosecution of suspected
money launderers.
- Under the AMLA, money laundering is “ a crime whereby the proceeds of an unlawful
activity are transacted, thereby making them appear to have originated from legitimate
sources.”
- Money Laundering as a crime is committed in three (3) different ways under the AMLA
- “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.”
- Imprisonment of 7 to 14 years and a fine of not less than P 3 Million but not more than
twice the value of the monetary instrument or property involved in the transaction.
- “Any person knowing that any monetary instrument or property involves the proceeds of
an 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.”
- Imprisonment of 4 to 7 years and a fine of not 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 Act
to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.”
The Anti-Money Laundering Council (AMLC) is the financial intelligence unit of the
Philippines and is composed of the following officials :
- The Governor of the Bangko Sentral ng Pilipinas
- The Chairperson of the Securities and Exchange Commission
- The Commissioner of the Insurance Commission
For the prevention of money laundering, the AMLA contains specific provisions on the
following areas:
a. Customer identification
b. Keeping of records
c. Recognition and reporting of covered and suspicious transactions
d. Training
Reputational Risk
- the potential that adverse publicity regarding a bank’s business practices and
associations, whether accurate or not, will cause a loss of confidence in the integrity of
the institution.
Operational Risk
- the risk of direct or indirect loss resulting from inadequate or failed internal processes,
people and systems or from external events.
Legal Risk
- the possibility that lawsuits, adverse judgments or contracts that turn out to be
unenforceable can disrupt or adversely affect the operations or condition of a bank.
RA 9194
- approved on March 7, 2003
- An Act Amending Republic Act No. 9160, otherwise known as the Anti-Money
Laundering Act of 2001
ARM SMUGGLING
Smuggling
- also known as trafficking, is the clandestine transportation of goods or persons past a
point where prohibited, such as out of a building, into a prison, or across an international
border, in violation of the law or other rules
FIREARMS TRAFFICKING
- refers to the act of any person who, through the use of any fraudulent machinations,
shall import or bring into, or export from, the Philippines, or assist in so doing, any
firearm or parts thereof, explosive or ammunition or machine, implements, equipments
or tools for the manufacture of firearms.
- shall likewise refer to the act of any person who, contrary to law, shall:
- receive, conceal, buy, sell, or in any manner facilitate the transportation,
concealment or sale of said firearms or parts thereof, explosive or
ammunition or machine, implements, equipments or tools for the
manufacture of firearms, ammunition or explosives after importation,
knowing the same to have been imported contrary to law.
RELEVANT LAWS
- The Memorandum for the SILG recommending the phase-out of the use, manufacture or
sale of Paltik (home-made) Firearms; and
- The PNP Circular on the disposition of Captured, Confiscated, Surrendered and
Deposited Firearms, Ammunition and Explosives.
RA 10088
- known as the "Anti-Camcording Act of 2010
- Approved on May 13, 2010
DRUG TRAFFICKING
Environmental Crime
- the deliberate evasion of environmental laws and regulations by individuals and
companies in the pursuit of “personal interest and benefit.” Where these activities involve
movements across national boundaries, or impacts upon the world as a whole, they can
be termed "international environmental crime”
The most common types of environmental crime fall under these major categories:
(1) biodiversity;
(2) natural resources-related crime;
(3) wastes;
(4) banned substances;
(5) other environmental offences like biopiracy and transport of controlled biological or
genetically modified material; Illegal dumping of oil and other wastes in oceans; violations of
potential trade restrictions under the 1998 Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in International Trade; Trade in
chemicals in contravention to the 2001 Stockholm; Convention on Persistent Organic Pollutants;
and fuel smuggling to avoid taxes or future controls on carbon emissions.
ECONOMIC CRIME
Economic Crime
- referred to as commercial crimes and known also as “white collar” crimes
- any act characterized by fraud, concealment, or a violation of trust and are not
dependent upon the application or threat of physical force or violence
The definition of piracy is contained in article 101 of the 1982 United Nations
Conventions on the Sea (UNCLOS)
“Piracy consist of any of the following acts:
a. any illegal acts of violence or detention, or any act of depredation, committed for
private ends by the crew or the passengers of a private ship or a private aircraft and
directed:
a.1 on the high seas, against another ship or aircraft, or against persons or
property on board of such ship or aircraft.
a.2 against a ship, aircraft, person or property in a place outside the jurisdiction
of any State.
b. Any act of voluntary participation in the operation of a ship or an aircraft with
knowledge of facts making it a pirate ship or aicraft;
c. Any act inciting or of intentionally facilitating an act describe in sub-paragraph (a) or
(b)