Cdi 4 Organized Crime 2020 Covid A

LEARNING PACKETS
for
Organized Crime Investigation
(CDI – 4)
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"Note: Information in this workbook was gathered and compiled from
several sources as indicated in the references. Due acknowledgment is
hereby given to said sources. By herein compilation, good faith and due
diligence were observed for legitimate purposes and ends."
PREFACE
The course covers the concept of organized crime and organized criminal group; Describe attributes,
structure and extent of organized crime in the Philippines; Explain the concept of transnational crime.
Discuss the different types, categories and noted transnational organized crime group; Explain the concept
the concept, categories of terrorism, the characteristics of terrorists and its ten-step attack planning cycle;
Draw the terrorist’s group organizational structure, how they are financed, and their modus operandi in
attacking their targets; State the legal framework in the investigation and prosecution of a person suspected
of being engaged in terrorism; Recite the concept of cybercrime, its emerging forms and recent punishing
cybercrimes; Explain the concept and nature of human trafficking, its core elements, scope and modalities of
trafficking; Describe the role of organized criminal groups in human trafficking; Discuss how the crime of
human trafficking are investigated and prosecuted; State the concept of money laundering how organized
crime groups made use of it in keeping the proceeds of their criminal activities; Classify lists of organized
syndicated crime groups and drawing of the top twenty most wanted person; Discuss the organizational
structure of the Philippine Center on Transnational Crime, its functions and role on the government’s
campaign against transnational organized crime; and Describe the role of INTERPOL in the Global Fight
against transnational organized crime.
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COURSE GUIDE
General Course Information
Course Title : Organized Crime Investigation
No. of Units : 3 units
Duration : 18 weeks
Course Learning Plan (Week 1 to 5) August 24 –September 25
Week No. Content/Topic Objectives/Compete Teaching-Learning

ncies Modality/Strategies
Week 1 Chapter 1- 1. State the concept of Home-based activity with

Definition, Nature and organized crime and learning modules/activity
Historical Background of organized criminal group; sheets to be distributed
Organized Crime
2. Describe attributes, through social media
A. Definitions
B. Attributes of An Organized structure & extent of platform (GC), or in hard
Crime organized crime in the copy to be picked-up in
C. Structure of Organized Philippines; designated area.
Crime
D. Organized Crime in the
Philippines
Week 2 Chapter 1- Definition, Nature 1. State the concept of Home-based activity with
and Historical Background of organized crime and learning modules/activity
Organized Crime organized criminal group; sheets to be distributed
A. Definitions 2.Describe attributes, through social media platform
B. Attributes of An Organized
Crime structure and extent of (GC), or in hard copy to be
C. Structure of Organized organized crime in the picked-up in designated area.
Crime Philippines;
D. Organized Crime in the
Philippines
Week 3 Chapter 2- 1.State the concept of Home-based activity with
The Transnational Organized organized crime and learning modules/activity
Crime organized criminal group; sheets to be distributed
A. Introduction through social media platform
B. Nature of Transnational 2.Describe attributes, (GC), or in hard copy to be
Organized Crime structure and extent of picked-up in designated area.
C. Types of Transnational
organized crime in the
Organized Crime
D. Noted Transnational Philippines;
Organized Crime Group
Week 4 Chapter 2- 1.Explain the concept of Home-based activity with
The Transnational Organized transnational crime; learning modules/activity
Crime 2.Discuss the different sheets to be distributed
A. Introduction types, categories and noted through social media
B. Nature of Transnational transnational organized
Organized Crime crime group; platform (GC), or in hard
C. Types of Transnational 3.Explain the concept the copy to be picked-up in
Organized Crime concept, categories of designated area.
D. Noted Transnational terrorism, the
Organized Crime Group characteristics of terrorists Collection of the Activities 1
and its ten-step attack
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planning cycle; to 3.
Week 5 Chapter 2- 1.Explain the concept of Home-based activity with

The Transnational Organized transnational crime; learning modules/ activity
Crime 2.Discuss the different sheets to be distributed
A. Introduction types, categories and noted
through social media
B. Nature of Transnational transnational organized
Organized Crime crime group; platform (GC), or in hard
C. Types of Transnational 3.Explain the concept the copy to be picked-up in
Organized Crime concept, categories of designated area.
D. Noted Transnational terrorism, the
Organized Crime Group characteristics of terrorists
planning cycle;
Course Learning Plan (Week 6 to 9) September 28 to October 23
Week No. Content/Topic Objectives/Competencies Teaching-Learning

Modality/Strategies
Week 6 Chapter 3- Terrorism 1. Explain the concept of Home-based activity with learning
as an Organized transnational crime; modules/activity sheets to be
Crime 2. Discuss the different types, distributed through social media
A. Introduction categories and noted platform (GC), or in hard copy to
B. Categories of
Terrorism transnational organized be picked-up in designated area.
C.Characteristics of crime group;
Terrorists 3. Explain the concept,
categories, the
characteristics of terrorists
planning cycle;
Week 7 Chapter 3- Terrorism 1. Explain the concept of Home-based activity with learning
as an Organized transnational crime; modules/activity sheets to be
Crime distributed through social media
a. Goals of 2. Discuss the different types, platform (GC), or in hard copy to
Terrorist Plots categories and noted
b. Ten-Step be picked-up in designated area.
transnational organized crime
Attack
group;
Planning Cycle
c. Types of Targets
3. Explain the concept the
concept, categories of
terrorism, the characteristics of
terrorists and its ten-step attack
planning cycle;
Week 8 Chapter 3- 1. Explain the concept of Home-based activity with learning

Terrorism as an transnational crime; modules/activity sheets to be
Organized Crime distributed through social media
A. Structure of 2. Discuss the different types, platform (GC), or in hard copy to
Terrorist Organization categories and noted
B. Sophistication of be picked-up in designated area.
transnational organized crime
Terrorist Organization
group;
C. Information
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Sharing 3. Explain the concept the
concept, categories of
terrorism, the characteristics of
terrorists and its ten-step attack
planning cycle;
Week 9 Chapter 4- 6. Draw the terrorist’s group Home-based activity with learning
Legal Framework in the organizational structure, how modules/activity sheets to be
Investigation of the they are financed, and their distributed through social media
Crime of Terrorism modus operandi in attacking
platform (GC), or in hard copy to
A. Legal Definition of their targets;
Terrorism 7. State the legal framework be picked-up in designated area.
B. Persons Liable for in the investigation and
the Commission of prosecution of a person
Terrorism suspected of being engaged in
C. Surveillance of terrorism;
Suspects and 8. Recite the concept of
Interception and cybercrime, its emerging forms
Recording Of and recent punishing
Communication cybercrimes;
D. Circumstances that
the Application to
Conduct Surveillance,
Intercept, and
Record the
Communication
Course Learning Plan (Week 10 to 14) October 26 to November 20

Modality/Strategies
Chapter 4- 1. Draw the terrorist’s group
Legal Framework in the Investigation organizational structure, how they
of the Crime of Terrorism are financed, and their modus
A. Contents of The Court Order Home-based activity
operandi in attacking their
Authorizing the Law Enforcement with learning
Authorities to Conduct Surveillance targets;
2. State the legal framework modules/activity
B. Custody and Disposition of
in the investigation and sheets to be distributed
Intercepted and Recorded
Communication prosecution of a person suspected through social media
C. Disposition Of Deposited Materials of being engaged in terrorism; platform (GC), or in
In The Court Of Appeals 3. Recite the concept of hard copy to be
D. Opening Of Deposited Sealed picked-up in
cybercrime, its emerging forms
Envelope Or Sealed Package At The designated area.
Court Of Appeals and recent punishing
E. Period Of Detention Without cybercrimes;
Judicial Warrant Of Arrest
F. Period Of Detention In The Event
Of Actual Or Imminent Terrorist
Attack
G. Penalty For Failure To Deliver
Suspects To The Proper Judicial
Authority Within 3 Days
H. The Anti- Terrorism Council
I. Role Of The Commission Of Human
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Right.
Week 10 Chapter 5- Cybercrimes 8. Recite the concept of Home-based activity
cybercrime, its emerging forms with learning
A. Introduction and recent punishing modules/activity
B. The Electronic Commerce Act cybercrimes;
sheets to be
C.Definition Of Terms 9. Explain the concept and
D.Legal Recognition Of Electronic nature of human trafficking, its distributed through
DataMessages And Electronic core elements, scope and social media platform
Documents modalities of trafficking; (GC), or in hard copy
E.Admissibility And Evidential 10. Describe the role of to be picked-up in
Weight Of Electronic Data Message organized criminal groups in designated area.
Or Electronic Document human trafficking;
F.Lawful Access
G.Unlawful Acts Punished Under The
Electronic Commerce Act
Week 11 Chapter 6- Human Trafficking 1. Describe the role of organized Home-based activity
criminal groups in human with learning
A. Concepts of Human trafficking; modules/activity
Trafficking
2. Discuss how the crime of sheets to be
B. Modalities of Trafficking
C. The Role of Organized human trafficking are distributed through
Criminal Groups investigated and prosecuted; social media platform
D. High Profits- Low Risks 3. State the concept of money (GC), or in hard copy
E. Anti- Trafficking in Persons laundering how organized to be picked-up in
Act of 2003 crime groups made use of it in designated area.
keeping the proceeds of their
criminal activities:
Week 12 Chapter 6- Human Trafficking 1. Describe the role of Home-based activity

F. Acts Considered As Trafficking in organized criminal groups in with learning
Persons human trafficking; modules/activity
G. Acts that Promote Trafficking in 2. Discuss how the crime of sheets to be
Persons
H.Qualified Trafficking in Persons human trafficking are distributed through
I. Investigation, Prosecution and Trial investigated and prosecuted; social media platform
of the Crime of Trafficking in Persons 3. State the concept of money (GC), or in hard copy
J. Prescriptive Period of the Crime laundering how organized to be picked-up in
ofHuman Trafficking crime groups made use of it designated area.
in keeping the proceeds of
their criminal activities;
Week 13 Chapter 7- Money Laundering 1. Describe the role of Home-based

organized criminal groups activity with
A. Definitions in human trafficking; learning
2. Discuss how the crime of modules/activi
B. Money Laundering Process
human trafficking are ty sheets to be
C. Money Laundering Methods investigated and distributed
prosecuted; through social
D. The Anti- Money Laundering 3. State the concept of money media
Act of 2001 laundering how organized platform (GC),
crime groups made use of or in hard copy
it in keeping the proceeds to be picked-
of their criminal activities; up in
designated
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4. Describe the role of area.
organized criminal groups
in human trafficking;
Course Learning Plan (Week 14 to 18) November 23 to December 25

Modality/Strategies
Week 14 Chapter 7- Money 1. Discuss how the crime of Home-based activity with
Laundering human trafficking are learning modules/activity
investigated and prosecuted; sheets to be distributed
E.Definitions 2. State the concept of money through social media
laundering how organized platform (GC), or in hard
F.Money Laundering
crime groups made use of it in copy to be picked-up in
Offense
keeping the proceeds of their designated area.
G.Creation of Anti- criminal activities;
Money Laundering 3. Classify lists of organized
Council (AMLC) syndicated crime groups and
drawing of the top twenty most
H.Authority to wanted person;
Inquire into Bank 4. Discuss the organizational
Deposits structure of the Philippine
Center on Transnational
Crime, its functions and role
on the government’s campaign
against transnational organized
crime; and
5. Describe the role of
INTERPOL in the Global
Fight against transnational
organized crime.
Week 15 Chapter 8- Criminal 1. Discuss how the crime of Home-based activity with
Intelligence- Based human trafficking are learning modules/activity
Investigation Of investigated and prosecuted; sheets to be distributed
Organized/
2. State the concept of money through social media
Syndicated Crime
Group laundering how organized platform (GC), or in hard
A.Organized/Syndica crime groups made use of it in copy to be picked-up in
ted Crime Group keeping the proceeds of their designated area.
Defined criminal activities;
B.Essential Elements 3. Classify lists of organized
of an Organized syndicated crime groups and
Crime Group
wanted person;
4. Discuss the organizational
structure of the Philippine
Center on Transnational
Crime, its functions and role
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on the government’s campaign
crime; and
organized crime.
Week 16 D. List for Organized/ 1. Discuss how the crime of Home-based activity with
Syndicated Crime human trafficking are learning modules/activity sheets
Group investigated and prosecuted; to be distributed through social
2. State the concept of money media platform (GC), or in hard
1. The Target list laundering how organized copy to be picked-up in
crime groups made use of it in designated area.
2. The Wanted/ Priority
keeping the proceeds of their
List
criminal activities;
3.The Watch List 3. Classify lists of organized
syndicated crime groups and
wanted person;
4. Discuss the organizational
Center on Transnational Crime,
its functions and role on the
government’s campaign against
transnational organized crime;
and
Week 17 Chapter 9- 1. Discuss how the crime of Home-based activity with learning
The Philippine human trafficking are modules/activity sheets to be
Center on investigated and prosecuted; distributed through social media
Transnational Crime 2. State the concept of money platform (GC), or in hard copy
and the Role of
INTERPOL in the laundering how organized to be picked-up in designated
Global Campaign crime groups made use of it in area.
Against keeping the proceeds of their
A.The Philippine 3. Classify lists of organized
Center on syndicated crime groups and
Transnational Crime
B.Powers and
Functions wanted person;
C.Organization 4. Discuss the organizational
Structure structure of the Philippine
D.Coordinative Center on Transnational
Mechanism Crime, its functions and role
E.Other Functions on the government’s campaign
crime; and
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organized crime.
Week 18 Chapter 9- 1. Discuss how the crime of Home-based activity with

The Philippine human trafficking are learning modules/activity sheets
Center on investigated and prosecuted; to be distributed through social
Transnational Crime
2. State the concept of media platform (GC), or in hard
and the Role of
INTERPOL in the money laundering how organized copy to be picked-up in
Global Campaign crime groups made use of it in designated area.
Against keeping the proceeds of their
F.The Role of 3. Classify lists of organized
INTERPOL in the syndicated crime groups and
Global Fight drawing of the top twenty most
AgainstTransnational wanted person;
Crime 4. Discuss the organizational
1. Definitions
Center on Transnational Crime,
2. Three Core
Service its functions and role on the
3. Organizational government’s campaign against
Structure transnational organized crime;
4. Rules in its and
Campaign 5. Describe the role of
Against INTERPOL in the Global
Terrorism
5. Fugitive
Investigation organized crime
6. The
International
Notices System
Course Forum
This is a read-and-write forum, which means you can access all learning materials and related discussions and
activities here.
Course Learning Outcomes:

Objectives:
After the course, the student should be able to:
1. State the concept of organized crime and organized criminal group;

2. Describe attributes, structure and extent of organized crime in the Philippines;
3. Explain the concept of transnational crime;
4. Discuss the different types, categories and noted transnational organized crime group;
5. Explain the concept the concept, categories of terrorism, the characteristics of terrorists and its ten-step
attack planning cycle;
6. Draw the terrorist’s group organizational structure, how they are financed, and their modus operandi in
attacking their targets;
7. State the legal framework in the investigation and prosecution of a person suspected of being engaged
in terrorism;
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8. Recite the concept of cybercrime, its emerging forms and recent punishing cybercrimes;
9. Explain the concept and nature of human trafficking, its core elements, scope and modalities of
trafficking;
10.Describe the role of organized criminal groups in human trafficking;
11.Discuss how the crime of human trafficking are investigated and prosecuted;
12.State the concept of money laundering how organized crime groups made use of it in keeping the
proceeds of their criminal activities;
13.Classify lists of organized syndicated crime groups and drawing of the top twenty most wanted
person;
14.Discuss the organizational structure of the Philippine Center on Transnational Crime, its functions and
role on the government’s campaign against transnational organized crime; and
15.Describe the role of INTERPOL in the Global Fight against transnational organized crime.
16.
Class Assessment and Grading System
To pass the course, you must go through the Learning Packets with care and do the pre-assessment and self-
assessment activities.
Pre-Assessments, Self-Assessment and Examination - 40 %
Activities - 20 %
Experiential Reports - 20 %
Final Projects - 20 %
-------------
100%
SYLLABUS
Course Code: CDI 4
Course Title: Organized Crime Investigation
Course Description
The study of the nature of organized crimes, their attributes and categories. It includes international and local
organized groups. This also focuses on crimes committed by a person, group of persons, or corporations
while undertaking legitimate profession or business occupation.
No of Units: 3
No. of Hours Per Week: 3
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Table of Contents
Preface i
Course Guide ii
General Course Information iii
Course Learning Plan iv
Table of Contents v
Chapter 1- Definition, Nature and Historical Background of

Organized Crime
A. Definitions
B. Attributes of An Organized Crime
C. Structure of Organized Crime
D. Organized Crime in the Philippines
Chapter 2- The Transnational Organized Crime

A. Introduction
B. Nature of Transnational Organized Crime
C. Types of Transnational Organized Crime
D. Noted Transnational Organized Crime Group
Chapter 3- Terrorism as an Organized Crime

2 Introduction
3 Categories of Terrorism
4 Characteristics of Terrorists
5 Goals of Terrorist Plots
6 Ten-Step Attack Planning Cycle
7 Types of Targets
8 Structure of Terrorist Organization
9 Sophistication of Terrorist Organization
10 Information Sharing
11 Terrorist Safe Havens
12 Terrorist Financing
13 Responses to Terrorism
14 The Al Qaeda
Chapter 4- Legal Framework in the Investigation of the

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

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

A. Definitions
C. Money Laundering Methods
D. The Anti- Money Laundering Act of 2001
E. Definitions
F. Money Laundering Offense
G. Creation of Anti- Money LaunderingCouncil (AMLC)
H. Authority to Inquire into Bank Deposits
Chapter 8-
Criminal Intelligence- Based Investigation Of Organized/ Syndicated Crime Group
A. Organized/Syndicated Crime GroupDefined
B. Essential Elements of an Organized Crime Group
C. Criminal Gangs
D. List for Organized/ Syndicated Crime Group
1. The Target list
2. The Wanted/ Priority List
3. The Watch List
Chapter 9- The Philippine Center on TransnationalCrime and the Role of INTERPOL in the Global
Campaign Against
Transnational Organized Crime
A. The Philippine Center on Transnational Crime
B. Powers and Functions
C. Organization Structure
D. Coordinative Mechanism
E. Other Functions
F. The Role of INTERPOL in the Global Fight AgainstTransnational Crime
1. Definitions
2. Three Core Service
3. Organizational Structure
4. Rules in its Campaign Against Terrorism
5. Fugitive Investigation
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6. The International Notices System
Chapter 1
DEFINITION, NATURE AND HISTORICAL BACKGROUND OF

ORGANIZED CRIME
A. Definition
Organized Crime. Any crime committed by a person occupying, in an

established division of labor, a position of crime providing that such
division of labor includes of at least one position for the corruptee and one
position for the enforcer.
A crime in which there is more than one offender, and the offenders are and
intended to remain associated with one another for the purpose of
committing crime. The term “Organized Crime” appears to have
emerged in Chicago in 1919, and is associated with the bootlegging gangs
prevalent during that era.
Alphonse Capone, better known as Al Capone or Scarface, is considered as the most notorious gangster in
the U. S. who ran Chicago with blood and guns.
Organized crime poses a direct threat to national and international security and stability; it disrupts and
compromises social and economic institutions
Organized crime “is a sophisticated, diversified and widespread activity that annually drains billions of dollars
from world’s legitimate economy. Its primary objective is economic gain which is achieved through
maintenance of illegal goods and services, conspiratorial activity, involving the coordination of numerous
persons in the planning and execution of illegal acts or in the pursuit of legitimate objective by unlawful
means.
Organized Criminal Group. A structural group of three or more persons existing for the period of time and
acting in concert, with the aim of committing one or more serious crimes or offenses established in
accordance with this convection in order to obtain, directly or indirectly, a financial or other material benefit
(UN Convention Against Transnational Organized Crime. 2000).
B. Attributes of an Organized Crime

1. It has no political goals. An OC group is not motivated by social doctrine, political beliefs, or
ideological concerns; its goals are money and power.
2. It is Hierarchical. An OC group has a vertical power structure with at least three (3) permanent
ranks- not just a leader and followers—each with authority over the levels beneath.
3. It has limited or exclusive membership. An OC group significantly limits membership. Qualification
may be based on ethnic background, kinship, race, criminal record, or similar considerations.
4. It constitutes a unique subculture. OC view themselves as distinct from conventional society which
they frequently view with derision if not contempt, and therefore not subject to its rules.
5. It perpetuates itself. An OC group constitutes an ongoing criminal conspiracy designed to persist

through time; that is beyond the life of current membership. Permanence is assumed by the members,
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and this provides an important basis for attracting qualified persons to the group. Thus perpetuating
the group’s existence.
6. It has willingness to use illegal violence and bribery. In an OC group, violence is readily available
and routinely accepted resource. Access to private violence is an important dimension that pursues its
goals. When necessary, the OC group will resort to bribery to protect its operations and members.
7. It has specialization/ division of labor. An OC group have certain functional positions filled by a
qualified members such as:
a) Enforcer- caries out difficult assignments involving the use of violence, including murder,
in a rational manner.
b) Fixer- excels in developing contacts with criminal justice or political officials and when
appropriate, arranges for corruption.
c) Moneymover- an expert in “laundering” illicitly obtained money, disguising its origin
through a string of transactions and investing it in legitimate enterprises.
d) Intelligence analyst
8. It is monopolistic. An OC group eschews competition. It strives for hegemony over a particular

geographical area, a particular “industry” legitimate or illegitimate, or a combination of both.
9. Governed by rules and regulations. An OC group, like a legitimate organization, has a set of rules
and regulations that members are expected to follow.
C. Structure of Organized Crime Group

1. The Bureaucratic/ Corporate Model
Attributes:
a) A complicated hierarchy
b) An extensive division of labor
c) Positions assigned on the basis if skills
d) Responsibilities carried out in an impersonal
manner
e) Extensive written rules and regulations
f) Communication from top of the hierarchy to
persons on the bottom, usually in the written form
2. Patrimonial/ Patron- Client Networks
D. Organized Crime in the Philippines
Organized crime is a multibillion-peso industry in the Philippines, its earnings account for a substantial portion
of the country's gross national product. By conservative estimate organized crime syndicates generate from
P300 to P600 billion pesos per year.
The most successful criminals are part of well-organized and well-funded syndicates that use their connections
with police, military, and civilian officials so they can operate with virtual impunity. Despite occasional
high-profile arrests and killings of crime bosses, the syndicates thrive, often with the authorities turning a
blind eye while lining their pockets with illicit proceeds from criminal activities.
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Organized crime groups use kinship, community, and ethno-linguistic networks to get their recruits and to
provide a cover for their activities. The Pentagon , Kuratong Baleleng, The Alvin Flores Gangs and the
notorious Abu Sayyaf (Bearer of the Sword) are good examples of organized crime group in the Philippines
who, drawn support from the almost-tribal closeness of Maguindanaoan clans.
Kuratong Baleleng Group
Alvin Flores Group
ABU SAYYAF
Chapter 2
THE TRANSNATIONAL ORGANIZED CRIME
A. Introduction
Transnational refers to the borders defining territorial boundaries of nations. The relationships of these nations
beyond their borders are treated as transnational business. Whether it is legitimate or illicit.
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According to Bossard, transnational crime is an activity that is considered a criminal offense by at least two
countries. It is as much a political as legal problems, that the phenomenon is largely influenced by the
development of the world problems, and that it takes advantage of all forms of progress, especially in
international transport; telecommunication and computers.
United Nations, defined transnational crimes as, offenses whose inception, prevention and/or direct or indirect
effects involved more than one country.
On its convention on Transnational Organized Crime (Article 3:2), it declared that an offense is transnational
if it:
1. Is committed in more than one state;

2. In one state but a substantial part of its preparation planning, direction or control takes place in another
state
3. Is committed in one state but involves an organized crime group that engages in criminal activities in
more than one state, or
4. In one State but has substantial effects in another state.
Passas suggested that Transnational Crime is serious enough to warrant State intervention, and similar to other
kinds of acts immortalized by the countries concerned or by International Law, and where offenders or
victims find themselves in or operated through different jurisdictions.
Transnationalism is focused on non-state transnational actors, out of the popularist theories of the "state and its
decision making process". These theorists argued that political outputs resulted from competition among
different interest groups. This is a challenge to conventional realist assumptions about the Nation-State as the
principal actor in the international system.
Variety of transnational actors played significant roles in international relation. The actors might be
government bureaucrats or their agencies, which often establish ties with their counterparts in other
countries, or they could be private actors pursuing their interest in different countries. It was argued that the
communications and actions of transnational actors greatly affected international political outcomes. At
times, transnational actors could take actions running counter to their own countries interest.
Transnational actors engage in a whole host of cross-boarder activities and process, involving the movement
of money, information, and people across frontiers. Transnational process is a process whereby international
relations conducted by government have been supplemented by relations among private individuals, group
and societies that can and do have important consequences for the course of event.
Transnational organizations seek to mobilize their resources and optimize their strategies to effectively
penetrate the territories in which they operate. They have a direct link to multinational corporations, also
termed transnational corporations. It was argued that the exploitation by transnational corporation on poor
countries established dependency relationships, resulting in underdevelopment of dependent economies, and
rampant political corruptions among the elite of dependent countries.
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The 5th United Nation Congress on crime prevention in 1975 put it that transnational corporations breeds
economic crimes in the understanding by dependency theorists, but on broader sense, transnational crimes
include narcotics trafficking, smuggling of illegal aliens, arms smuggling, frauds and terrorism. As to date,
transnational crimes as seen both theoretically and practically are border crimes that had become key security
issue for policy makers and law enforcement agencies. Efforts are increasingly shifted from domestic
organized crime to the international arena.
Now, it becomes an everyday lexicon not only of criminologist but also to policy makers, law enforcement
officials and the public. Specialist and non-specialist alike commonly employ the term. Yet, transnational
crime is not yet a legal concept. It lacks the precise judicial meaning. It remains a concept within
criminology that describes social phenomena. The term is also sociologized, because it concerned with
understanding criminal groups or networks, and political, because transnational criminal actors operate
within an international environment structured by Nation-States and by politics. The distinction between
transnational and international crimes is particularly blurred. International crimes are crimes prohibited by
International Laws, norms, treaties, and customs, whereas, transnational crimes are especially concerned
with acts criminalized by laws of more than one country.
B. Nature of Transnational Organized Crime
Transnational crimes are not limited to Drug trafficking, human smuggling, terrorism, piracy and cyber crimes
but to all acts inimical to the welfare of states/countries especially if perpetrated by no less than foreigners. It
is also committed with several motives: political influence, economic gain and social control in a global
scope.
.
C. Types of Transnational Organized Crimes
Historical Types
1. Force Labor and Slavery. Refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse
of authority or moral ascendency, debt-bondage or deception. White Slavery is engagement in the business
for profit, or enlistment of services of any other person for the purpose of prostitution. By the end of 17th
century the slavery trade was not only unlawful but desirable branch of commerce, a participation in which
was made the objects of wars, negotiations, and treaties between different European States.
2. Piracy- It is a robbery or forcible depredation on the high seas, without lawful authority and done with
animofurandi( In Roman Law, the focus is on the unauthorized use of property and not on the intent) and in
the spirit and intention of universal hostility. Or the unauthorized use of another’s production, invention or
conception especially in infringement of a copyright. Like slavery, piracy was employed by both Nation-
States and private actors for economic gain and has also been criminalized under international and domestic
laws. In the middle ages, European Countries used piracy as a tool of state policy. But in general, most
countries cooperated with pirates at various times in exchange for portions of their treasures.
3. Smuggling- The act of conveying or introducing surreptitiously or to import products secretly contrary to
law and especially without duties imposed by law.
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Modern Types
1. Terrorism- Is the illegal use of force against innocent people to achieve a political objective. It is a tactic
or technique by means of which a violent act or the threat thereof is used for the prime purpose of creating
overwhelming fear for coercive purpose. A type of political crime that emphasizes violence as a
mechanism to promote change. Terrorism has three transitory phases: the first phase was dominated by
nationalism i.e. that love of country is motivating cause for its citizens to fight other in cases where these
national territory belief and customs are invaded by other nations; second phase was ethnic and ideological
violence- the differences on ideological belief is the ground for national citizens to react over the other; and
the third phase/current phase is motivated by religious belief. The now never-ending holy war carried out
by Muslim's over Christian world.
2. Illicit Trafficking (Plunder of Antiquities)-Antiques are cultural assets of a certain country, which
portrays or symbolizes the traditions of such country. These are invaluable treasures that cannot be
transferred or taken out from the owner country. Plunder of antiquities operates as an international market
where demand from the developed economies results in the transfer of material from source environment. It
is virtually defined by all nations as a crime either by turning the extraction of the objects as a form of theft
or by prohibiting the export of the material from the country of origin or both.
3. Computer Crimes- Computer-related thefts are a new trend in employee theft and embezzlement. The
wide spread use of computers to record business transactions has encouraged some people to use them for
illegal purposes.
Categories of Computer Crimes
1. Theft of services, in which the criminal uses the computer for unauthorized purposes or an unauthorized
user penetrates the computer system. Included within this category is the theft of processing time and
services not entitled to an employee.
2. Use of data in a computer system for personal gain.
3. Unauthorized use of computers employed for various types of financial processing to obtain assets.
4. Theft of property by computer for personal use or conversion to profit.
5. Making the computer itself the subject of a crime e.g. when a virus is placed in it to destroy data.
Reasons in the Commission of Computer Crimes

1. Personal gain
2. The criminals are typically motivated by revenge for some perceived wrong
3. A need to exhibit their technical prowess and superiority
4. A wish to highlight the vulnerability of computer security systems
5. A desire to spy on other people’s private financial and personal information (computer
voyeurism)
6. Or a philosophy of open access to all systems and programs.
4. Trans-chemical Environmental Crimes. Environmental crime in inherently transnational but despite of its
transnational character most cross-boarder environmental harms are not defined as crimes or regulatory
violations. This means any action that causes environmental harm outside its country of its origin, whether or
not its victims or some other entity have been given legal standing to punish wrongdoers or seek redress of
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damage. Its mechanism involves transborder flow of toxic substance which occurs when pollutants that
originate within one nation-state spread to neighboring or distant countries through natural ecological
process.
5. Drug Trafficking - Illegal movement across one or more national frontiers of psychoactive substance
controlled fewer than three instruments of international law known as the drug control conventions. Drug
trafficking is also known as “illegal drug trade”.
It is a global drug market activity consisting of production, distribution, packaging and sale of illegal
psychoactive substances. It simply evolves smuggling across borders and distribution within the demand
country. This set up applies in the local scene where local producers scouts demand areas for their illegal
drug trade.
Some Techniques Used by Drug Traders When Crossing Borders
1. Avoiding border checks, such as by small ships, small aircraft, and through overland smuggling
routes.
2. Submitting to border checks with the drugs hidden in a vehicle, between other merchandise, in
luggage, in or under clothes, inside the body, etc.
3. Buying off diplomats to smuggle drugs in diplomatic mail/ luggage to avoid border checks.
4. Using Mule, i.e. a lower-echelon criminal recruited by a smuggling organization to cross a border
carrying drugs, or sometimes an unknowing person whose bag or vehicle the drugs are planted, for
the purpose of retrieving them elsewhere.
Primary Means of Distributing Illegal Drugs
1. A hierarchical arrangement which includes the manufacturer who uses his men to smuggle wholesale and
store and distributes the drugs.
2. A hub-and-spoke layout takes advantage of local gangs and other localized criminal organization. The cartel
is at the center, with satellite organizations that may provide certain services to the manufacturer, and then
there is a plurality of distinct groups, each with its own chain. Smuggling is also often accomplished via
small boats and yachts, air vehicle, and by gangs paid with some of the merchandise. Sometimes small
aircraft are disposed of and burnt immediately after the unloading process.
Wholesaler routinely accept the materials from the smugglers, cut it and sell it to the distribution chain or
chains. For the most part, wholesalers are not individual people; it is typically and expansionary endeavor by
already established rogue enterprises, such as Mafias and sometimes local gangs. The chemically more
experienced instances may re-manufacture the wares to alter the drug purity, or altering the chemical
composition of the materials. Wholesalers may also manufacture and disseminate general contraband,
including non- narcotic controlled substances, paraphernalia, or any panoptic high- demand item that they
may receive.
Distribution and adulteration may traverse a selectively chosen group of cartel employees who purchase
from a wholesaler and utilize a prominent population of mules or it may encompass a heavy chain of users
who are selling to finance their own use.
The Drug Syndicates:

A syndicate is a group of organized and professional criminals with a formal hierarchy of
organization set in illicit drug trade, it is otherwise known as “A DRUG CARTEL”.
CONSPIRACY & PROPOSAL TO COMMIT A FELONY (Art. 8, RA #3815 - RPC)
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Conspiracy and proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.
Known World’s Notorious Drug Syndicate
1. Columbian Medellin Cartel, which was founded during the 1980’s by Columbian drug lords Pablo
Escobar Gaviria and drug bosses Jose Gonzalo Rodriguez Dacha and the top aid cocaine barons Juan David
and the Ochoa Brothers.
2. The Cali Cartel which is based in the City of Cali. It then controlled 80% of the cocaine exports
from Columbia to the U.S. It was founded during the 1970’s by Gilberto Rodriguez Orejuela with his
brother Miguel Rodriguez Orejuela, Jose SantacruzLondono and Helmer “Pacho” Herrera. During the height
of Pablo Escobar’s Medellin Cartel, the two engaged in constant conflicts.
3. The Norte del Valle, or North Valley Cartel which operated principally in the north of Valle Del
Cauca region of
Columbia. It rose to prominence during the second half of the 1990’s, after the Cali Cartel and the Medellin
Cartel fragmented, and became known as one of the most powerful organizations involved in illegal drugs
trade.
The leading drug lords of the Norte del Valle Cartel included Diego Leon Montaya Sanchez alias “Don
Diego”, Wilber Varela alias “Jabon” (Soap), and Hernando Gomez Bustamante alias “Rasquno” (Scratch).
Diego Montaya was one of the list of the FBI’s Ten Most Wanted Fugitives.
Other Organized Crime Groups Involved in the Control of Illicit Drug Trade
1. The Chinese Mafia Known as the Triad

2. Cosa Nostra based in the US
3. Octopus Napolitan Camorra based in Europe
4. Yakuza of Japan
5. Sicilian Mafia of Italy
6. Trafficking of Human Beings - The illegal organization of migrants and the exploitation of migrants in
destination countries by organized criminal groups constitute this offensive act. Human Trafficking/Alien
Smuggling, at the level of domestic investigation, have often fallen within the recruits of different bodies,
criminal group engages in one or the other of the two activities maybe different, which maybe independent
from each other and have different modus operandi, characteristics of the victims and the relationship with
the criminals of human trafficking differ from those of the victims of smuggling and they have different
political significance over time, while illegal immigration has always been a national and international
priority as problem of security and public order.
D. Noted Transnational Organized Criminal Groups
Asia
1.Triad in Hong Kong
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Triad societies all display some degree of hierarchy, and a typical triad has members organized by rank. The
leader of the triad is known as the “Dragon Head” or “ChorKwun”. Although hierarchical in nature, triads
tend to be strictly controlled from the top.
Their major international activities include drug trafficking, human smuggling, prostitution, counterfeiting,
smuggling of commodities, business fraud, credit card fraud and money laundering, theft of vehicles and
exporting stolen vehicles, illegal gambling, extortion and kidnapping.
2. China Originated Criminal Gangs
Chinese criminal gangs started to appear in the 1970’s with the economic growth. At the same time, Chinese
immigrants also establish the Big Circle Gangs to protect themselves. These groups initially consisted
primarily of former soldiers who left China for Hong Kong. The Big Circle Gang members are
particularly violent, specializing in armed robberies of jewelry stores in Hong Kong as well as heroin
trafficking. The Big Circle Gang is technically not a triad society, but most Big Circle Gang members are
also members of various societies. Big Circle Gangs started off engaging primarily in localized violent
crimes such as contract killing and armed robbery.
3. Taiwan Criminal Gangs
Two of the largest and most well-known gangs are the United Bamboo Gang and the Four Seas Gang.
4. Japanese Gangs
YAKUZA also known as GOKUDO are members of traditional organized crime syndicates

in Japan. The Japanese police and the media call them BORYODUKAN (“violence group”), while
the yakuza call themselves “NINKYO DANTAI” ("chivalrous organizations"). The yakuza are
notorious for their strict codes of conduct and very organized nature.
The Yakuza is composed of three (3) principal clans:

a. Yamaguchi-gumi (largest Yakuza Syndicate)
b. Sumiyoshi-kai
c. Inagawa-kai
The Yakuza operates in Japan, Asia and the U.S. with an estimated 80,900 members in 2009.
They are engaged in criminal activities and/or legitimate businesses. The big boss in Yakuza is
known as “Oyabun” or “Kumicho” (Family head). Loyalty and respect are a way of life in yakuza.
Yubitsume, or the cutting of one’s finger, is a form of penance or apology. Upon a first offence, the
transgressor must cut off the tip of his left little finger and give the severed portion to his boss.
5.Vietnamese Gang
Vietnamese gangs, mainly based outside Vietnam are known to be highly mobile and transient. Despite their
apparent lack of ties, Vietnamese gang members are able to utilize contact in various Asian and Central
European countries as these relations were established in refugee camps in South-East Asia.
Vietnamese crime groups are generally considered to be less organized but more violent than ethnic Chinese
organized crime groups. Chinese organized criminals then, used ethnic-Vietnamese as foot-soldiers,
although recent evidence suggests that the Vietnamese are no longer as ready to be recruited as
previously.
Vietnamese crime groups are involved in a wide range of transnational criminal activities including drug
trafficking, fraud, auto theft, money laundering, human trafficking, smuggling of firearms and illegal
gambling.
6. United States of America - Alien conspiratorial theory
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Organized crime is a direct offshoot of a criminal society – the Mafia –that first originated in Italy
and Sicily and now controls racketeering in major U.S. cities. It is made up of a national syndicate of 25 or
so Italian-dominated crime families that call themselves La Cosa Nostra. The major families have a total
membership of about 1,700 “made men,” who have been inducted into organized crime families, and another
17,000 “associates”.
New York City contains five families – the Gambino, Columbo (formerly Profaci), Lucchese,
Bonnano, and Genovese families – named after their “founding fathers”; in contrast, Chicago contains a
single mob organization called the “outfit,” which also influence racketeering in such cities as Melwaukee,
Kansas City, and Phoenix.
Organized crime groups still persist. On January 20, 2011, the Federal Bureau of Investigation (FBI)
conducted one of the largest single-day operations against the Mafia in FBI history. Federal agents working
with local law enforcement fanned out across Italy, New York, New Jersey and Rhode Island to arrest 127
people allegedly involved in organized crimes
Organized Crime in the United States: Major Categories of Organized Crime in the U.S.
a) La Cosa Nostra, Italian organized crime, and racketeering;

b) Eurasian/Middle Eastern organized crime; and
c) Asian and African criminal enterprises.
Chapter 3
TERRORISM AS AN ORGANIZED CRIME
A. Introduction
Terrorism is a premeditated, politically motivated violence perpetrated against non-combatant

targets by subnational groups or clandestine agents. At present, the international community has been unable
to formulate a universally agreed, legally binding, criminal law definition of terrorism. Common definitions
of terrorism refer only to those of violent acts which are intended to create fear, are perpetrated for an
ideological goal, and deliberately target or disregard the safety of non-combatants. Thus in defining
terrorism, most governments outline the following criteria: target; objective; motive; perpetrator; and
legitimacy or legality of the act.
Terrorist Group- any group practicing or has significant subgroups that practice international terrorism.
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Terrorist Act- any act that is unlawful, involves the use or threatened use of violence or force against
individuals or property is designed to coerce a government or society and supports political, ideological, or
religious objectives.
B. Categories of Terrorism
1. Civil Disorder- A form of collective violence interfering with the peace, security, and normal
functioning of the community.
2. Political Terrorism- Violent criminal behavior designed primarily to generate fear in the
community, or substantial segment of it, for political purposes.
3. Non-Political Terrorism- Terrorism that is not aimed at political purposes but which exhibits
“conscious design to create and maintain a high degree of fear for coercive purposes, but the end is
individual or collective gain rather than the achievement of political objective”.
4. Quasi-Terrorism- The activities incidental to the commission of crimes of violence that are similar
in form and method to genuine terrorism but which nevertheless lack it essential ingredient It is not the main
purpose of the quasi-terrorists to induce terror in the immediate victim as in the case of genuine terrorism,
but the quasi terrorist uses the modalities and techniques of the genuine terrorist and produces similar
consequences.
5. Limited political Terrorism- Genuine political terrorism is characterized by a revolutionary

approach. It refers to an acts of terrorism which are committed for ideological or political motives but which
are not part of a concerted campaign to capture control of the State.
6. Official or State Terrorism- It refers to the nation whose rule is based upon fear and oppression
that reach similar to terrorism or such proportions. It may also be referred to as Structural Terrorism defined
broadly as terrorist acts carried out by governments in pursuit of political objectives, often as part of their
foreign policy.
C. Characteristics of Terrorists - There is no single profile exist, no predictive tests, and studies
provide general characteristics.
a) Socioeconomics Status: Middle class to upperclass backgrounds, some extremely wealthy.
b) Education and Intellect: they have higher than average education; often average or higher
intelligence; and usually have a secular education.
c) Age:
 Foot soldiers and operational members: 20 to 35 years old
 Leadership, support, and training cadres: 40 to 60 years old
 Soldiers in guerilla groups: teens
 Suicide Bombers: often young
d) Gender
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Women are increasingly used in terrorist activities such as:
 Suicide bombers
 Smuggling of explosives
D. Goals of Terrorist Plots

a) Minimize risk of failure
b) Achieve highest probability for success
c) Avoid opponents strengths
d) Concentrate on opponents weakness
E. Ten- Step Attack Planning Cycle

Step 1-Initial target selection consists of:
a) Development of list of potential targets

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

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

a) Vulnerabilities receive priority
b) List narrowed
c) Objectives capabilities
Step 4- Pre- Attack Surveillance wherein:
a) Operational cells appear
b) In-depth surveillance is conducted
c) Focus on vulnerabilities
Step 5- Planning by:

a) Evaluating security
b) Recruiting personnel
c) Renting safe houses
d) Designing escape routes
e) Determining methods of attack
f) Selecting weapons and equipment
Step 6- Rehearsal by doing the following
a) Testing the plan
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b) Using actual or similar site
c) Evaluating equipment
d) Identifying additional equipment
Step 7- Attack Team deployment whereby the:

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

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

a) Establish notoriety
b) Create terror
c) Increase funding
d) Improve recruitment
e) Use as a tool for exploitation and propaganda
F. Types of Targets
1. Soft targets- a person or thing that is relatively unprotected or vulnerable; hard to defend against
attack i.e. highly accessible and generally great in number.
Examples: hotels, schools, hospitals, places of worship, apartment buildings, public transportation,
banks, etc.
2. Hard targets- a structure that has been fortified against attack i.e. limited accessible and generally
few in numbers.
Examples: military bases, government buildings, military convoys, hardened

motorcades.
a) Political and Social. Highly symbolic (commemorate battles)
b) Religion as a pretext. Similar targets with greater devastation (commemorate religious events)
c) Oil and Strategic Commodities
d) Mass Transit System
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e) Maritime System
G. Structure of Terrorist Organizations
1. Centralized- a principal command exercises control over the network, makes operational decisions
and guide its ideology. Its decisions are filtered from top to bottom; there is a clear separation between the
leadership and lower ranking operatives. A central command joins terrorists with specific skills sets across
regions, tasks smaller cells and provides financial and logistical resources.
2. Decentralized- command and control is loose and dispersed; cells operate independently and “lone
wolf” terrorist is the ultimate example.
H. Sophistication of Terrorist Organization
Its operations are organized and structured as evidenced by:
a) Use of propaganda
b) Distribution of networks
c) Use of communication techniques
I. Information Sharing
They increase their capabilities through:
1. Direct sharing- one group provides training or experienced personnel.
2. Indirect sharing- one group’s operation is used as a model.
J. Terrorist Safe Havens
A terrorist safe haven is an area of relative security exploited by terrorists to indoctrinate, recruit, train,
and regroup, as well as prepare and support their operations. The most intractable safe havens worldwide are
near international boarders or are in regions where ineffective governance allows their presence.
Virtual safe havens are those created by electronic infrastructure such as internet; global media, and
satellite communications and allow terrorists to fulfill many of their functions virtually. It is highly mobile
and difficult to track and control.
K. Terrorist Financing
Terrorist organizations obtain and transfer finances to operate in numerous ways. In the overall world
of terror, the well of monies is limited only by the terrorists imagination and initiative. No one element is
pre-eminent, each has its’ place in the world of terror finance. The following are the mechanics of terrorist
funding:
1. Zakat - The giving of alms for the poor and needy, as prescribed by the Quran. Zakat is the primary
means within the Muslim world for terror organizations to “legitimately” receive money.
Zakat Collection and Distribution
a) Saudi Arabia collects Zakat by government agency and distributes to recognized charities. Saudi
collections are estimated to exceed $10 Billion. (Saudi Ministry of Finance and National Economy)
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b) Most other countries, both Muslim and non-Muslim do not collect or control where Zakat money
goes.
c) Charities around the globe are rarely checked or audited by government oversight agencies to see
how the monies are spent. The US is a notable exception.
d) The Internet has numerous Islamic charity sites asking believers to pay the Zakat to them promising
to apply it on their behalf.
e) The giver of Zakat knows only to whom they gave their money, for what they believe will be the
building of schools, mosques and to help the poor. Once given however, the giver has no further control if
the funds are diverted or a portion is skimmed off for the purchase of weapons, explosives and operating
terror training camps.
f) Many Muslims send their Zakat through Islamic banks. This process is legal but there is no
assurance they have funded a legitimate charity vice a terrorist group.
g) Zakat funds deposited in Islamic banks are taken off the books and “disappear” because they are not
considered part of the banks assets nor its liabilities and are not reported. The bank has served only as a
collection agent. The Zakat can then be transferred, without regulation, to worthy charities as directed by the
givers, to any worthy recipient or have some or all of it skimmed off to Islamic radicals.
h) Islamic Banking -The Islamic banking system has been a mystery to most in the West. Islamic
Banks cannot charge interest on loans. This requires that the Islamic Bank make its money on its
investments. Western style accounting and auditing practices to monitor and track what those investments
truly involve have only recently been implemented and then only under international pressure since the
attacks on the US.
Zakat funds deposited in Islamic banks are taken off the books and “disappear” because they are not
considered part of the banks assets nor its liabilities and are not reported. The bank has served only as a
collection agent. The Zakat can then be transferred, without regulation, to worthy charities as directed by the
givers, to any worthy recipient or have some or all of it skimmed off to Islamic radicals. When conducted as
prescribed by the Quran, serves to legitimately facilitate funds collection and disbursal. This is particularly
true of Zakat funds.
Some of the largest Islamic banks have their headquarters in Switzerland. The Swiss banking
philosophy and governmental regulation, adds a second layer of secrecy yet gives the banks connectivity
with world banking in general.
2. Hawala
Definition of Hawala
An informal funds transfer system, is the primary means of distributing smaller sums of money around
the world in a safe and record free manner.
Hawala is the best known Informal Funds Transfer (IFT) system. Interpol estimates India alone to have
$680 Billion in transactions annually. The process uses both legal and illegal means to move money in a way
that avoids record keeping of transmitters and receivers, taxes and customs duties. It is secure, trust-based,
paperless and generally untraceable.
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Hawala came into public interest after the 2001 attacks on the US when it was revealed that much of the
money funding the attackers was transferred by Hawala. It has no formal limitations on amounts but does
have practical limits. It is well suited for terror operations that cost $50-$70K to fund and complete in a
short period of time. It is illegal in many countries including the US, yet many banks in both Islamic and
Western countries utilize this system. It was originally benign in its historical intent but is now consistently
misused by those who take advantage of its efficiencies. It remains as a cultural alternative to regulated
banking but certainly will continue to adapt further to accommodate the modern world. The fact that it is
being made illegal in more and more countries will not end the practice in the near term.
3. Money Laundering - A criminal endeavor by which millions of dollars can be transferred around
the world in a single transaction or a series of transactions. Like Hawala, it remains a working part of the
criminal enterprise system. Increased regulation in the traditional business environment will make laundering
more difficult but will not carry it to extinction.
L. Responses to Terrorism
Responses to terrorism are broad in scope. They can include realignments of the political spectrum and
reassessments of fundamental values. Specific types of responses include:
1. Targeted laws, criminal procedures, deportations, and enhanced police powers;

2. Target hardening, such as locking of doors or adding traffic barriers;
3. Preemptive or reactive military actions;
4. Increased intelligence and surveillance activities;
5. Preemptive humanitarian activities; and
6. More permissive interrogation and detention policies.
M. The Al Qaeda
It was in the year 1988 that Al Qaeda, Arabic for “The

Base” was founded by Osama bin Laden, Muhammed Atef,
and Ayman al-Zawahiri to continue the Jihad
internationally. Al Qaeda is reportedly headquartered in
Afghanistan and Peshawar, Pakistan.
Al Qaeda’s Organizational Structure
1. The Emir (Chief)

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

Is the one who gives advice to the Emir
3. Shura, or Consultation Council
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This is a group of seasoned terrorists and confidants kown asmajilis al shurawhoapprove major
decisions such as terrorist attacks and the issuance of fatwas (edicts). The council members play leadership
roles in the organization’s major committees, made up of lower-ranking Al Qaeda members.
4. The Committees.
a) The Military Committee- oversees recruitment, war, training, and the purchase of the arms.
b) The Islamic Study Committee- makes rulings on religious law and trains all recruits in the
teachings of the Koran and Jihad.
c) The Finance Committee- oversees corporate holdings, including the travel office and several other
companies.
5. The Cells
The network of terrorist recruitment and training has sites

throughout the world. Each cell engages in missions independent of the
others, and the members and activities of the other cells are kept secret.
Al Qaeda’s Leadership Structure
Emir
Chief Counsel to Emir
Consultation Council
Islamic Study Committee Military Committee Finance Committee
Cells
70,000 members in more
than 60 countries
around the world
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6. The Headquarters
Al Qaeda’s early base of operations was near the city of Peshawar in Pakistan. In 1991 the terrorist group
relocated to Sudan and remained there until 1996. From Sudan, Al Qaeda returned to Afghanistan, where
bin Laden issued the “Declaration of War Against the Americans Occupying the Two Holy Mosques.” In
1999 it moved to Tora Bora and ZhawarKili Camp, Afghanistan. At present the whereabouts of the Al
Qaeda leadership are unknown.
7. Special Operations Training
In preparation for special operations, Al Qaeda’s Recruits received intensive training on the following:
1) Cold steel weapons such as wire, knife and rod

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

2) All documents of the undercover brother, such as identity cards and passport, should be falsified.
3) When the undercover brother is traveling with a certain identity card or passport, he should know all
pertinent information such as name, profession, and place of residence.
4) The brother has special work status [commander, communication link] should have more than one identity
card or passport. He should learn the contents of each, the nature of the [indicated] profession, and the
dialect of the resident area listed in the documents.
5) The photograph of the brother in these documents should be without beard. It is preferable that the
brother’s public photograph [on these documents] also be without beard.
6) When using identity documents in different names, no more than one such documents should be carried at
one time.
Security Measures Followed When Travelled on Public Transportation
1) One should select public transportation that is not subject to frequent checking along the way, such as
crowded trains or public buses.
2) Boarding should be done at a secondary station, as main stations undergo more careful surveillance.
3) The cover should match the general appearance (tourist bus, first class train, second class train, and so on).
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4) The document used should support the cover.
5) Important luggage should be placed among the passenger’s luggage without identifying who placed it. If it
is discovered, its owner would not be arrested.
6) The brother traveling on a “special mission” should not get involved in religious issues or day-to-day
matters.
7) The brother traveling on a mission should not arrive in the [destination] country at night because then
travelers are few and there are [search] parties and check points along the way.
8) When cabs are used, conversation of any kind should not be started because many cab drivers work for
security apparatus.
9) The brother should exercise extreme caution and apply all security measures to the other members.
Chapter 4
LEGAL FRAMEWORK AND INVESTIGATION OF THE CRIME OF TERRORISM
A. Legal Definition of Terrorism
REPUBLIC ACT NO. 9372 (AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM ), otherwise known as “ Human Security Act of 2007” defined Terrorism as “ Any person
who commits an act punishable under any of the following provisions of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup dâ€˜Etat), including acts committed by private persons;

Article 248 (Murder);
4. Article 267 (Kidnapping and Serious Illegal Detention);
5. Article 324 (Crimes Involving Destruction,
or under
1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or
Explosives)thereby sowing and creating a condition of widespread and extraordinary fear and panic among
the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of
parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as
amended. (Section 1 and 3, RA 9372)
B. Persons Liable for the Commission of Terrorism
1. Persons who conspire to commit the crime of terrorism.
2. Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as
defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or conspiracy to
commit terrorism by previous or simultaneous acts.
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3. Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit
terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18
of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (a) by
profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or
destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c)
by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers
and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling
within the provisions of subparagraph (a).
C. Surveillance of Suspects and Interception and Recording of Communications
The provisions of Republic Act No. 4200 (Anti-wire Tapping Law) to the contrary notwithstanding, a police
or law enforcement official and the members of his team may, upon a written order of the Court of Appeals,
listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance
equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that
purpose, any communication, message, conversation, discussion, or spoken or written words between
members of a judicially declared and outlawed terrorist organization, association, or group of persons or of
any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers and clients,
doctors and patients, journalists and their sources and confidential business correspondence shall not be
authorized.
D. Circumstances that the Application to Conduct Surveillance, Intercept and Record the
Communications of Suspected Terrorists be Granted by the Authorizing Division of the Court of
Appeals
The written order of the authorizing division of the Court of Appeals to track down, tap, listen to, intercept,
and record communications, messages, conversations, discussions, or spoken or written words of any person
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall only be granted by
the authorizing division of the Court of Appeals upon an ex parte written application of a police or of a law
enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in
Section 53 of this Act to file such ex parte application, and upon examination under oath or affirmation of
the applicant and the witnesses he may produce to establish:
1. That there is probable cause to believe based on personal knowledge of facts or circumstances that the said
crime of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or is about
to be committed;
2. That there is probable cause to believe based on personal knowledge of facts or circumstances that
evidence, which is essential to the conviction of any charged or suspected person for, or to the solution or
prevention of, any such crimes, will be obtained; and,
3. That there is no other effective means readily available for acquiring such evidence.
E. Contents of the Court Order Authorizing the Law Enforcement Authorities to Conduct Surveillance
of the Suspected Terrorist
1. The identity, such as name and address, if known, of the charged or suspected person whose
communications, messages, conversations, discussions, or spoken or written words are to be tracked down,
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tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether
wireless or otherwise) communications, messages, conversations, discussions, or spoken or written words,
the electronic transmission systems or the telephone numbers to be tracked down, tapped, listened to,
intercepted, and recorded and their locations or if the person suspected of the crime of terrorism or
conspiracy to commit terrorism is not fully known, such person shall be subject to continuous surveillance
provided there is a reasonable ground to do so;
2. The identity (name, address, and the police or law enforcement organization) of the police or of the law
enforcement official, including the individual identity (names, addresses, and the police or law enforcement
organization) of the members of his team, judicially authorized to track down, tap, listen to, intercept, and
record the communications, messages, conversations, discussions, or spoken or written words;
3. The offense or offenses committed, or being committed, or sought to be prevented; and,
4. The length of time within which the authorization shall be used or carried out.
Any authorization granted by the authorizing division of the Court of Appeals, pursuant to Sec. 9 (d) of this
Act, shall only be effective for the length of time specified in the written order of the authorizing division of
the Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt of the
written order of the authorizing division of the Court of Appeals by the applicant police or law enforcement
official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-
extendible period, which shall not exceed thirty (30) days from the expiration of the original period:
Provided, That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is
in the public interest: and Provided, further, That the ex parte application for extension or renewal, which
must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for
extension or renewal, the one next in rank to the original applicant among the members of the team named in
the original written order of the authorizing division of the Court of Appeals shall file the application for
extension or renewal: Provided, That, without prejudice to the liability of the police or law enforcement
personnel under Section 20 hereof, the applicant police or law enforcement official shall have thirty (30)
days after the termination of the period granted by the Court of Appeals as provided in the preceding
paragraphs within which to file the appropriate case before the Public Prosecutors Office for any violation of
this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall
immediately notify the person subject of the surveillance, interception and recording of the termination of the
said surveillance, interception and recording. The penalty of ten (10) years and one day to twelve (12) years
of imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify
the person subject of the surveillance, monitoring, interception and recording as specified above.
F. Custody and Disposition of Intercepted and Recorded Communications.
All tapes, discs, and recordings made pursuant to the authorization of the authorizing division of the Court of
Appeals, including all excerpts and summaries thereof as well as all written notes or memoranda made in
connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the
written order of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the
expiration of any extension or renewal granted by the authorizing division of the Court of Appeals, be
deposited with the authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as
the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement
official and the members of his team.
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In case of death of the applicant or in case he is physically disabled to execute the required affidavit, the one
next in rank to the applicant among the members of the team named in the written order of the authorizing
division of the Court of Appeals shall execute with the members of the team that required affidavit.
It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext
whatsoever.
Any person who removes, deletes, expunges incinerates, shreds or destroys the items enumerated above shall
suffer a penalty of not less than six (6) years and one day to twelve (12) years of imprisonment.
Joint affidavit concerning the disposition of the intercepted and recorded information shall be executed by the
participating police or law enforcement operatives shall be executed. Said joint affidavit of the police or of
the law enforcement official and the individual members of his team shall state the following, to wit:
1. The number of tapes, discs, and recordings that have been made, as well as the number of
excerpts and summaries thereof and the number of written notes and memoranda, if any, made
in connection therewith;
2. The dates and times covered by each of such tapes, discs, and recordings;
3. The number of tapes, discs, and recordings, as well as the number of excerpts and summaries
thereof and the number of written notes and memoranda made in connection therewith that have
been included in the deposit; and
4. The date of the original written authorization granted by the Anti-Terrorism Council to the
applicant to file the ex parte application to conduct the tracking down, tapping, intercepting, and
recording, as well as the date of any extension or renewal of the original written authority
granted by the authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of
any of such tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of any
of such excerpts, summaries, written notes, and memoranda, have been made, or, if made, that all such
duplicates and copies are included in the sealed envelope or sealed package, as the case may be,
deposited with the authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official to omit or exclude from the joint
affidavit any item or portion thereof mentioned in this Section.
Any person, police or law enforcement officer who violates any of the acts proscribed in the preceding
paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of
imprisonment.
G. Disposition of Deposited Materials in the Court of Appeals
The sealed envelope or sealed package and the contents thereof, which are deposited with the authorizing
division of the Court of Appeals, shall be deemed and are hereby declared classified information, and the
sealed envelope or sealed package shall not be opened and its contents (including the tapes, discs, and
recordings and all the excerpts and summaries thereof and the notes and memoranda made in connection
therewith) shall not be divulged, revealed, read, replayed, or used as evidence unless authorized by written
order of the authorizing division of the Court of Appeals, which written order shall be granted only upon a
written application of the Department of Justice filed before the authorizing division of the Court of Appeals
and only upon a showing that the Department of Justice has been duly authorized in writing by the Anti-
Terrorism Council to file the application with proper written notice the person whose conversation,
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communication, message discussion or spoken or written words have been the subject of surveillance,
monitoring, recording and interception to open, reveal, divulge, and use the contents of the sealed envelope
or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing the
persons subject of the surveillance as defined above shall suffer the penalty of six (6) years and one day to
eight (8) years of imprisonment.
H. Opening of Deposited Sealed Envelop or Sealed Package at the Court of Appeals.
The written application with notice to the party concerned to open the deposited sealed envelope or sealed
package shall clearly state the purpose or reason for:
1. Opening the sealed envelope or sealed package;
2. Revealing or disclosing its classified contents;
3. Replaying, divulging, and or reading any of the listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words (including any of the excerpts and
summaries thereof and any of the notes or memoranda made in connection therewith); and,
4. Using any of said listened to ,intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words (including any of the excerpts and summaries thereof and any of the
notes or memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify as defined above
shall suffer the penalty of six (6) years and one day to eight (8) years of imprisonment.
I. Period of Detention Without Judicial Warrant of Arrest.
The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law
enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has
taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons
to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority
within a period of three (3) days counted from the moment the said charged or suspected person has been
apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel:
Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must
result from the surveillance under Section 7 and examination of bank deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime
of terrorism, present him or her before any judge at the latter’s residence or office nearest the place where the
arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to
ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested
and presented before him or her, to inquire of them the reasons why they have arrested the person and
determine by questioning and personal observation whether or not the suspect has been subjected to any
physical, moral or psychological torture by whom and why. The judge shall then submit a written report of
what he/she had observed when the subject was brought before him to the proper court that has jurisdiction
over the case of the person thus arrested. the judge shall forthwith submit his/her report within three (3)
calendar days from the time the suspect was brought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court
nearest the place of apprehension or arrest: Provided, That where the arrest is made during saturdays,
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sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest
the place where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
police or a law enforcement personnel who fails to notify any judge as provided in the preceding paragraph.
J. Period of Detention in the Event of an Actual or Imminent Terrorist Attack
In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three (3)
days without the written approval of a municipal, city, provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after
office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the
residence of any of the officials mentioned above that is nearest the place where the accused was arrested.
The approval in writing of any of the said officials shall be secured by the police or law enforcement
personnel concerned within five (5) days after the date of the detention of the persons concerned: Provided,
however, That within three (3) days after the detention the suspects, whose connection with the terror attack
or threat is not established, shall be released immediately.
K. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority Within Three (3) Days
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any
police or law enforcement personnel who has apprehended or arrested, detained and taken custody of a
person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to
deliver such charged or suspected person to the proper judicial authority within the period of three (3) days.
L. The Anti-Terrorism Council
An Anti-Terrorism Council, hereinafter referred to, for brevity, as the Council, is hereby created. The
members of the Council are: (1) the Executive Secretary, who shall be its chairperson; (2) the Secretary of
Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of
National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and
(7) the National Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility for the proper and effective
implementation of the anti-terrorism policy of the country. The Council shall keep records of its proceedings
and decisions. All records of the Council shall be subject to such security classifications as the Council may,
in its judgment and discretion, decide to adopt to safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall
define the powers, duties, and functions of the National Intelligence Coordinating Agency as Secretariat of
the Council. The National Bureau of Investigation, the Bureau of Immigration, the Office of Civil Defense,
the Intelligence Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the
Philippine Center on Transnational Crime, and the Philippine National Police intelligence and investigative
elements shall serve as support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans,
programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people
from acts of terrorism. Nothing herein shall be interpreted to empower the Anti-Terrorism Council to
exercise any judicial or quasi-judicial power or authority.
Functions of the Anti-Terrorism Council
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In pursuit of its mandate in the previous Section, the Council shall have the following functions with due
regard for the rights of the people as mandated by the Constitution and pertinent laws:
1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in the
country;
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize the
entire nation against terrorism proscribed in this Act;
3. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism
or conspiracy to commit terrorism and other offenses punishable under this Act, and monitor the progress of
their cases;
4. Establish and maintain comprehensive data-base information systems on terrorism, terrorist activities, and
counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records belonging to a
person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism, pursuant to
Republic Act No. 9160 otherwise known as the Anti-Money Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and conviction of person or persons who are liable for the crime
of terrorism or conspiracy to commit terrorism;
7. Establish and maintain coordination with and the cooperation and assistance of other nations in the struggle
against international terrorism; and
8. Request the Supreme Court to designate specific divisions of the Court of Appeals and regional trial courts
in Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all cases involving the crime of
terrorism or conspiracy to commit terrorism and all matters incident to said crimes. The Secretary of Justice
shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the regional trial court in
Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from Mindanao to handle cases filed
in Cagayan de Oro City.
M. Role of the Commission on Human Rights
The Commission on Human Rights shall give the highest priority to the investigation and prosecution of
violations of civil and political rights of persons in relation to the implementation of this Act; and for this
purpose, the Commission shall have the concurrent jurisdiction to prosecute public officials, law enforcers,
and other persons who may have violated the civil and political rights of persons suspected of, accused of, or
detained for the crime of terrorism or conspiracy to commit terrorism.
Chapter 5 – CYBERCRIMES
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A. Introduction
Cybercrime is being defined as the commission of a criminal acts using the instruments of modern
technology such as computers and the internet. Cybercrimes are a new breed of white collar offenses
that can be singular or ongoing and typically involve the theft of information, resources or funds.
Cybercriminals use emerging forms of technology to commit criminal acts. In some instances, they
involve to use technology in the commission of fraud and theft. In other instances, the technology itself
is the target such as the illegal copying and sale of computer software.
Emerging Forms of Cybercrimes
1. Internet Crimes such as internet-based pornography, selling pornographic materials, bogus get-rich
schemes, weight-loss scams etc.
2. Internet Securities Fraud such as market manipulation, fraudulent offerings of security and illegal
touting, i.e. an individual makes securities recommendations and fail to disclose that they are being
paid to disseminate their favorable opinions.
3. Identity Theft which occurs when a person uses the Internet to steal someone’s identity and/or
impersonate them to open a new credit card account or conduct some other financial transactions.
Computer Crimes.The use of computers for illegal purposes. Computer crimes fall into five (5)
categories:
1. Theft of Services such as the theft of processing time and services not entitled to an employee
2. Use of data in a computer system for personal gain
3. Unauthorized use of computers employed for various types of financial processing to obtain assets
4. Theft of property by computer for personal use or conversion to profit such as using a computer to
illegally copy and sell software
5. Making the computer itself the subject of crime such as placing virus in it to destroy data.
Cybercrime and Cyber Terrorism Distinguished
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Cyber terrorism is defined as the premeditated, politically motivated attack against information,
computer systems, computer programs, and data which result in violence against non-combatant
targets by subnational groups or clandestine agents.
Perspectives for Cyberterrorism
1. The motivation behind cyberterrorism maybe the same with any other terrorism;
2. Cyber terrorism requires technical expertise that exists outside the realm of a terrorist organization;
3. A system cracker may be hired to execute a Re cyber terrorism act.
4. The cost of such an act is minimal, and the tools and information are ubiquitous on existing
everywhere.
5. Intelligence gathering on cyber terrorism is difficult. Tradecraft and intelligence gathering is

complicated.
6. The prevention of attacks requires more coordination than almost any form of terrorism.
Examples:
1. Getting access on the processing control systems of a cereal manufacture, changing the levels of
iron supplement that may cause sickness and possibly kill children taking it.
2. Attacking air traffic control systems which may cause collision between two large aircraft, or
cracking aircrafts- in cockpit sensors or rail lines.
3. Altering the formulas of medication at pharmaceutical manufacturers.
4. Other analogous acts.
B. The Electronic Commerce Act
REPUBLIC ACT NO. 8792, otherwise known as “Electronic Commerce Act” (AN ACT
PROVIDING AND USE OF ELECTRONIC COMMERCIAL AND NON-COMMERCIAL
TRANSACTIONS, PENALTIES FOR UNLAWFUL USE THEREOF, AND OTHER
PURPOSES was enacted on June 14, 2000. It aims to facilitate domestic and international dealings,
transactions, arrangements agreements, contracts and exchanges and storage of information through the
utilization of electronic, optical and similar medium, mode instrumentality and technology to recognize
the authenticity and reliability of electronic data messages or electronic documents related to such
activities and to promote the universal use of electronic transactions in the government and by the
general public.
C. Definition of Terms
1. Addressee- refers to a person who is intended by the originator to receive the electronic data
message or electronic document, but does not include a person acting as an intermediary with respect to
that electronic data message or electronic data document.
2. Computer- refers to any device or apparatus singly or interconnected which, by electronic, electro-
mechanical, optical and/or magnetic impulse, or other means with the same function, can receive,
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record, transmit, store, process, correlate, analyze, projects, retrieve, and/or produce information, data,
text, graphics, figures, voice, video, symbols or other modes of expression or perform any one or more
of these functions.
3. Electronic data Message- refers to information generated, sent, received or stored by electronic,
optical or similar means.
4. Information and Communications System- refers to a system for generating, sending, receiving,
storing, or otherwise processing electronic documents and includes the computer system or other similar
device by or in which data is recorded or stored and any procedures related to the recording or storage
of electronic document.
5. Electronic Signature- refers to any distinctive mark, characteristic and/or sound in electronic form,
representing the identity of a person and attached to or logically associated with the electronic data
message or electronic document or any methodology or procedures employed or adopted by a person
and executed or adopted by such person with the intention of authenticating or approving an electronic
data message or electronic document.
6. Electronic Document- refers to information or the representation of information, data, figures,

symbols or other modes of written expression, described or however represented, by which a right is
established or an obligation extinguished, or by which a fact may be prove and affirmed, which is
receive, recorded, transmitted, stored, processed, retrieved or produced electronically.
7. Electronic Key- refers to a secret code which secures and defends sensitive information that
crossover public channels into a form decipherable only with a matching electronic key.
8. Intermediary- refers to a person who in behalf of another person and with respect to a particular
electronic document sends, receives and/or stores provides other services in respect of that electronic
data message or electronic document.
9. Originator- refers to a person by whom, or on whose behalf, the electronic document purports to
have been created, generated and/or sent. The term does not include a person acting as an intermediary
with respect to that electronic document.
10. Service provider- refers to a provider of-
a) Online services or network access or the operator of facilities therefore including entities offering the
transmission, routing, or providing of connections for online communications, digital or otherwise,
between or among points specified by a user, of electronic documents of the user's choosing; or
b) The necessary technical means by which electronic documents of an originator may be stored and
made accessible to designated or undesignated third party.
Such service providers shall have no authority to modify or alter the content of the electronic document
received or to make any entry therein on behalf of the originator, addressee or any third party unless
specifically authorized to do so, and who shall retain the electronic document in accordance with the
specific request or as necessary for the purpose of performing the services it was engaged to perform.
D. Legal Recognition of Electronic Data Messages and Electronic Documents
Legal Recognition of Electronic Data Messages
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Information shall not be denied validity or enforceability solely on the ground that it is in the form of
electronic data message purporting to give rise to such legal effect, or that it is merely incorporated by
reference in that electronic data message.
Legal Recognition of Electronic Documents
Electronic documents shall have the legal effect, validity or enforceability as any other document or legal
writing, and-
(a) Where the law requires a document to be in writing, that requirement is met by an electronic document if
the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable
for subsequent reference, in that–
i. The electronic document has remained complete and unaltered, apart from the addition of any
endorsement and any authorized change, or any change which arises in the normal course of
communication, storage and display; and
ii. The electronic document is reliable in the light of the purpose for which it was generated and in the
light of all relevant circumstances.
(b) Paragraph (a) applies whether the requirement therein is in the form of an obligation or whether the law
simply provides consequences for the document not being presented or retained in its original form.
(c) Where the law requires that a document be presented or retained in its original form, that requirement is
met by an electronic document if-
i. There exists a reliable assurance as to the integrity of the document from the time when it was first
generated in its final from; and
ii. That document is capable of being displayed to the person to whom it is to be presented: Provided that
no provision of this Act shall apply to vary any and all requirements of existing laws on formalities
required in the execution of documents for their validity.
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document
under existing laws.
Legal Recognition of Electronic Signatures
An electronic signature on the electronic document shall be equivalent to the signature of a person on a written
document if the signature is an electronic signature and proved by showing that a prescribed procedure, not
alterable by the parties interested in the electronic document, existed under which-
(a) A method is used to identify the party sought to be bound and to indicate said party's access to the
electronic document necessary for his consent or approval through the electronic signature;
(b) Said method is reliable and appropriate for the purpose for which the electronic document was generated or
communicated, in the light of all circumstances, including any relevant agreement;
(c) It is necessary for the party sought to be bound, in or order to proceed further with the transaction to have
executed or provided the electronic signature; and
(d) The other party is authorized and enables to verify the electronic signature and to make the decision to
proceed with the transaction authenticated by the same.
E. Admissibility and Evidential Weight of Electronic Data Message or Electronic Document

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In any legal proceedings, nothing in the application of the rules on evidence shall deny the admissibility of an
electronic data message or electronic document in evidence –
(a) On the sole ground that it is in electronic form; or
(b) On the ground that it is not in the standard written form, and the electronic data message or electronic
document meeting, and complying with the requirements under Sections 6 or 7 hereof shall be the best
evidence of the agreement and transaction contained therein.
In assessing the evidential weight of an electronic data message or electronic document, the reliability of the
manner in which it was generated, stored or communicated, the reliability of the manner in which its
originator was identified, and other relevant factor shall be given due regard.
F. Lawful Access
Access to an electronic file or an electronic signature of an electronic data message or electronic document
shall only be authorized and enforced in favor of the individual or entity having a legal right to the
possession or the use of plaintext, electronic signature or file or solely for the authorized purposes. The
electronic key for identity or integrity shall not be made available to any person or party without the consent
of the individual or entity in lawful possession of that electronic key;
Except for the purposes authorized under the law(RA 8792), any person who obtained access to any electronic
key, electronic data message or electronic document, book, register, correspondence, information, or other
material pursuant to any powers conferred, shall not convey to or share the same with any other person.
G. Unlawful Acts Punished Under the Electronic Commerce Act
The following Acts shall be penalized by fine and/or imprisonment, as follows:
1. Hacking or crackling with refers to unauthorized access into or interference in a computer system/server
or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a
computer or other similar information and communication devices, without the knowledge and consent of the
owner of the computer or information and communications system, including the introduction of computer
viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data
messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos (P
100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6)
months to three (3) years;
2. Piracy or the unauthorized copying, reproduction, dissemination, or distribution, importation, use,

removal, alteration, substitution, modification, storage, uploading, downloading, communication,
making available to the public, or broadcasting of protected material, electronic signature or
copyrighted works including legally protected sound recording or phonograms or information
material on protected works, through the use of telecommunication networks, such as, but not limited
to, the internet, in a manner that infringes intellectual property rights shall be punished by a minimum
fine of One Hundred Thousand pesos (P 100,000.00) and a maximum commensurate to the damage incurred
and a mandatory imprisonment of six (6) months to three (3) years;
3. Violations of the Consumer Act of Republic Act No. 7394 and other relevant to pertinent laws through
transaction covered by or using electronic data messages or electronic documents, shall be penalized with the
same penalties as provided in those laws;
4. Other violations of the provisions of this (RA 8792), shall be penalized with a maximum penalty of One
million pesos (P1,000,000.00) or six (6) years imprisonment.
Chapter 6
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HUMAN TRAFFICKING
A. Concept of Human Trafficking
Human Trafficking.Defined as the recruitment, transport, transfer, harboring or receipt of a person by such
means as threat or use of force or other forms of coercion, abduction, fraud or deception for the purpose of
exploitation. It differs from human smuggling for the latter is mainly about the illegal entry of a person into a
State, and it is understood to include an element of “consent” or willingness
Core Elements of the Concept of Trafficking
1. The action of trafficking which means the recruitment, transportation, transfer, harboring or receipt of
persons;
2. The means of trafficking which includes threat of or the use of force, deception, coercion, abuse of power or
position of vulnerability;
3. The purpose of trafficking is always exploitation
Note:
Exploitation shall include, at a minimum, the exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery or practices similar to slavery, servitude or removal of organs.
Scope of Trafficking
It is very difficult to assess the real size of human trafficking because the crime took place underground, and is
often not identified. However, a conservative estimate of the crime puts the number of victims at any one time at
2.5 million. It affects every region of the world and generates tens of billions of dollars in profits for criminals
each year.
Human trafficking affects every country of the world, as countries of origin, transit or destination- or even a
combination of all. It often occurs from less developed countries to more developed countries, where people are
rendered vulnerable to trafficking because of poverty, conflict or other conditions.
Commonly Identified Form of Human Trafficking

1. Sexual exploitation
2. Forced labor
3. Domestic servitude and forced marriage;
4. Organ removal; and
5. Exploitation of children in begging, the sex trade and warfare
While trafficking patterns may differ from country to country and region to region, a number of common
features can be identified.
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Disparities in the socio-economic conditions are among the main underlying reasons for smuggling and
trafficking in human beings. In more simple terms: trafficking/smuggling flows go from poorer to better off
countries.
Recruitment Methods vary but usually involve deception or coercion. Generally, traffickers target persons in
harsh living conditions with limited educational and professional opportunities. Groups with low social standing
such as minorities and refugees are in special risk of being victimized. Both women and men often fall prey to
promises of non-existent job opportunities. Child victims are easy to come by. In some cases, children are sold for
ready cash; in other cases they are kidnapped.
Transportation. Traffickers facilitate travel including help with border crossings, provision of counterfeit
documentation, bribing officials, as required. Depending on the region and the potential financial gain, various
modes of transportation are used, including via the sea.
Control and Exploitation of the persons trafficked will continue in the country of destination. This is part of
the trafficking scheme. Upon arrival of the country of transit and destination, victims may times are compelled
into slave-like working conditions, and trafficked women and children are often forced into prostitution. They are
kept in debt bondage, obliged to pay back heavy debt arising out of the cost of transport of fake documents, and
often have their passport and money confiscated in order to control their movements. Women have been found up
in brothels. In many cases, victims of trafficking and even their relatives back home are subjected to physical
threats and violence. They may also be sold and pass on among various groups. This phenomenon coined the
expression “Countries of Circulation,” which describes a situation where victims of trafficking, upon arrival are
being passed on among traffickers and circulated for exploitation in a number of countries.
C. The Role of Organized Criminal Groups
In the process of control and exploitation, organized criminal groups have taken a leading role. They use
existing structures and networks, and the same corrupt officials, to traffic people, drugs, guns, or other
commodities. The nature and degree of organizational structures may differ, as well as commitment to any one
particular process. Structures range from rather informal, small scale traffickers to small groups or organized
criminals up to networks of highly organized international structures.
International trafficking networks often operate on a highly diversified level, providing the full range of
“services” required, comparable to that of legitimate business. The trafficking industry includes a large number of
individual specialists and criminal groups, such as investors, recruiters, transport professionals, and so-called
protectors who keep the trafficked persons under control. In the destination country, money is extracted from the
victim and schemes for laundering the profits are established.
It is the transnational nature of the crime that complicates the development of adequate prevention and
prosecution mechanisms. Trafficking tends to evolve very rapidly. What makes it difficult to react adequately is
the capacity of criminal networks to adapt quickly to changing circumstances. Similar to what happened in the
field of drug trafficking, organized criminal groups will react swiftly to control measures by changing routes and
modalities of business.
D. High Profits-Low Risks
At present, for organized criminal groups the risk is low and profits are high in trafficking in human beings.
Low Risks
1) Laws related to trafficking may be inadequate;
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2) Lacking structures and expertise among law enforcement and border control agencies to deal with organized
crime involvement and the transnational aspects;
3) Criminal justice are not geared up to respond; and
4) Victims while wanting to escape their situation, may feel reluctant to cooperate. In fear of being criminalized
themselves they are shy away from confiding to any person with official functions. They are often unfamiliar with
the country and the language and lacking documentation. In their country of origin they may be threatened by
criminal organizations.
High Profits
1) When consumers are willing to buy goods and services from the trafficking industry, they create a profit
incentive for labor traffickers;
2) When consumers are willing to buy a commercial sex from victims of sex trafficking, they make it profitable
for traffickers to sexually exploit children and adults; and
3) Left unchecked, human trafficking in both forms will continue to thrive in environments where traffickers
can reap high gains with relatively low risks.
E. Anti-Trafficking in Persons Act of 2003
The Fight against human trafficking in the Philippines is guided by REPUBLIC ACT NO. 9208 (ACT TO
INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER)which was enacted on May 26, 2003.
F. Acts Considered as Trafficking in Persons
The following are considered as an act of trafficking persons, to wit:
1.Recruiting, transporting, transferring; harboring, providing, or receiving a person by any means, including
those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
2. Introducing or matching for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
3. Offering or contracting marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
4. Undertaking or organizing tours and travel plans consisting of tourism packages or activities for the purpose
of utilizing and offering persons for prostitution, pornography or sexual exploitation;
5. Maintaining or hiring a person to engage in prostitution or pornography;
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6. Adopting or facilitating the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
7. Recruiting, hiring, adopting, transporting or abducting a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
8. Recruiting, transporting or adopting a child to engage in armed activities in the Philippines or abroad.
G. Acts that Promote Trafficking in Persons
1. Knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of
promoting trafficking in persons;
2. Produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers
and certificates of any government agency which issues these certificates and stickers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
3. Advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in persons;
4. Assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances
and necessary exit documents from government agencies that are mandated to provide pre-departure registration
and services for departing persons for the purpose of promoting trafficking in persons;
5.Facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports,
territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for
the purpose of promoting trafficking in persons;
6.Confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
7. Knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.
H. Qualified Trafficking in Persons
The following are considered as qualified trafficking:
1. When the trafficked person is a child;
2. When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is
deemed committed in large scale if committed against three (3) or more persons, individually or as a group;
4. When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public officer or employee;
5. When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;
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6. When the offender is a member of the military or law enforcement agencies; and
7. When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).
I. Investigation, Prosecution and Trial of the Crime Of Trafficking in Persons
At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers,
prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the
right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors
and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the
accused, or any other information tending to establish their identities and such circumstances or information shall
not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and
radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or
information technology to cause publicity of any case of trafficking in persons.
J. Prescriptive Period of the Crime of Human Trafficking
Trafficking cases under RA 9208 prescribes in ten (10) years; Trafficking cases committed by a syndicate or in
a large scale prescribes in twenty (20) years.
The prescriptive period commences to run from the day on which the trafficked person is delivered or released
from the conditions of bondage and interrupted by the filing of the complaint or information and commence to
run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to the accused.
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Chapter 7
MONEY LAUNDERING
A. Definitions
Money Laundering - Covers all procedures to change, obscure or

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

expansion of illegal activities (organized crime proper) and/or
enterprises owned/controlled by organized crime groups whether
domestic or transnational.
It is a process through which the existence of an illegal source of unlawful application of illicit gains is
concealed or disguised to make the gains legitimate, thereby helping to evade detection, prosecution, seizure
and taxation.

1. Placement - The physical disposal of cash
proceeds derived from the unlawful activity.
The aim is to remove cash from the location of
acquisition to avoid detection.
2. Layering - Separating illicit proceeds from
their source by creating complex layers of
financial transactions designed to disguise the
source of money, subvert the audit trail and
provide anonymity. The purpose is to
disassociate the illicit proceeds from the
unlawful activity by creating intentionally a
complex web of financial transactions aimed at
concealing any audit trail as well as the source
and ownership of funds.
3. Integration - The final stage in the process at which the money is integrated into
legitimate economic and financial systems and is assimilated with all the other
assets in the system.
C. Money Laundering Methods
1. Mix dirty money with legitimate funds

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

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

Invoice to company “X”
Transfer on the Bank

Account of “X”
Loan to Company
“Y”
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BANK
Purchase of luxury assets, Offshore bank
Financial investments, commercial/
Industrial investments
3. INTEGRATION
D. The Anti-Money Laundering Act of 2001
REPUBLIC ACT NO. 9160, otherwise known as the "Anti-Money Laundering Act of 2001 whichwason
approved on September 29, 2001, served as the legal framework of the Philippines’ countermeasures against
money laundering. This law was amended by RA 9194 , approved on May 7, 2003.
E. Definitions
(a) "Covered institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates
supervised or regulated by the BangkoSentralngPilipinas (BSP);
(2) insurance companies and all other institutions supervised or regulated by the Insurance Commission;
and

a. securities dealers, brokers, salesmen, investment houses and other similar entities managing securities or
rendering services as investment agent, advisor, or consultant;
b. mutual funds, close-end investment companies, common trust funds, pre-need companies and other similar
entities;
c. foreign exchange corporations, money changers, money payment, remittance, and transfer companies and
other similar entities; and
d. other entities administering or otherwise dealing in currency, commodities or financial derivatives based
thereon, valuable objects, cash substitutes and other similar monetary instruments or property supervised or
regulated by the Securities and Exchange Commission.
(b) Covered transaction - is a single, series, or combination of transactions involving a total amount in excess
of Four Million Philippine pesos (PhP4,000,000.00) or an equivalent amount in foreign currency based on
the prevailing exchange rate within five (5) consecutive banking days except those between a covered
institution and a person who, at the time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those with an underlying legal or trade
obligation, purpose, origin or economic justification.
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It likewise refers to a single, series or combination or pattern of unusually large and complex transactions in
excess of Four Million Philippine pesos (PhP4,000,000.00) especially cash deposits and investments having
no credible purpose or origin, underlying trade obligation or contract.
Note:
The amount is reduced to Five Hundred Thousand Pesos (Php500,000.00) by RA 9194
(c) Monetary instrument- refers to:
(1) coins or currency of legal tender of the Philippines, or of any other country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates,
custodial receipts or deposit substitute instruments, trading orders, transaction tickets and confirmations of sale
or investments and money market instruments; and
(4) other similar instruments where title thereto passes to another by endorsement, assignment or delivery.
(d) Offender- refers to any person who commits a money laundering offense.
(e) Person- refers to any natural or juridical person.
(f) Proceeds- refers to an amount derived or realized from an unlawful activity.
(g) Supervising Authority- refers to the appropriate supervisory or regulatory agency, department or office

supervising or regulating the covered institutions enumerated in Section 3(a).
(h) Transaction- refers to any act establishing any right or obligation or giving rise to any contractual or legal
relationship between the parties thereto. It also includes any movement of funds by any means with a
covered institution.
(i) Unlawful activity- refers to any act or omission or series or combination thereof involving or having
relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as
amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended, otherwise known as
the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the
Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as
amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
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(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined
under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant
persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities
Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.
F. Money Laundering Offense
Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making
them appear to have originated from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the
proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful
activity, performs or fails to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed
and filed with the Anti-Money Laundering Council (AMLC), fails to do so.
G. Creation of Anti-Money Laundering Council (AMLC)
The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of the Bangko
Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the
Securities and Exchange Commission as members. The AMLC shall act unanimously in the discharge of its
functions as defined hereunder:
(1) to require and receive covered transaction reports from covered institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or the covered institution to determine
the true identity of the owner of any monetary instrument or property subject of a covered transaction report
or request for assistance from a foreign State, or believed by the Council, on the basis of substantial
evidence, to be, in whole or in part, wherever located, representing, involving, or related to, directly or
indirectly, in any manner or by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office of the
Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of
money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering activities and other violations of this
Act;
(6) to freeze any monetary instrument or property alleged to be proceeds of any unlawful activity;
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(7) to implement such measures as may be necessary and justified under this Act to counteract money
laundering;
(8) to receive and take action in respect of, any request from foreign states for assistance in their own anti-
money laundering operations provided in this Act;
(9) to develop educational programs on the pernicious effects of money laundering, the methods and
techniques used in money laundering, the viable means of preventing money laundering and the effective
ways of prosecuting and punishing offenders; and
(10) to enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the
government, including government-owned and -controlled corporations, in undertaking any and all anti-
money laundering operations, which may include the use of its personnel, facilities and resources for the
more resolute prevention, detection and investigation of money laundering offenses and prosecution of
offenders.
H. Authority to Inquire into Bank Deposits
The AMLC may inquire into or examine any particular deposit or investment with any banking institution or
non-bank financial institution upon order of any competent court in cases of violation of RA 9160, when it
has been established that there is probable cause that the deposits or investments involved are in any way
related to a money laundering offense.
Chapter 8
CRIMINAL INTELLIGENCE-BASED INVESTIGATION OF ORGANIZED/ SYNDICATED

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

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

a) Long term goals
b) Regular operations
c) Widespread or transcend provincial, regional, national or international political boundaries
Note:
The absence of the attending requirements in the definition of the OSCG will fall on the concept of
ordinary Criminal Gangs.
C. Criminal Gangs
Criminal Gangs. A group of two or more persons who have common identifying signs or symbols and
whose members individually or collectively engaged in or have engaged in a pattern of criminal activity,
creating an atmosphere of fear and intimidation within the community or a specific area using violence and
intimidation.
Essential Elements of a Criminal Gangs

1. Capability:
a) Organizational Structure- tends to be less control over their members.
b) Composition-loose collection of factions
c) Disposition- members may have previous petty crime experience
2. Resources:
a) Basic criminal tools
b) Minimal logistical support
c) Minimum or no special training and indoctrination
3. Networking/Connections:
a) Local crime network, if any
b) Few or no operating linkages and influences with law enforcement agencies
4. Modus Operandi:
a) Less corporate-focus attention on making money from specific criminal activity
b) Territorial-possession of “turf”
c) Scavenger-motivated by the need to belong to a group
5. Personalities:
a) Low level of criminal prominence, influence and linkages in their locality
b) Mainly from financially/socially disadvantaged sectors of society
6. Motive:
a) Profit and personal advantage
7. Nature of Criminal Activity:
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a) Crimes committed are perpetrated by hatred, vendetta or if for profit on a particular crime such as
kidnapping only, or robbery
b) Petty crimes
D. List for Organized/Syndicated Crime Group
1. The Target List
The “Target List” serves as a master reference list outlining pertinent data on organized crime groups.
Persons to be included in this category are those who have been included in the“Priority/Wanted List” and or
“Watch List” and who are at the same time members of organized crime groups. The purpose of this list is to
provide a consolidated reference containing data on organized crime groups for operational purposes.
Target List for Organized/Syndicated Crime Group Format
1) Name of the Group
Refers to the name which identifies the group from other groups with the same or similar crime specialties.
The group name is usually from the surname of the group leader unless the group has utilized another
appellation for itself.
2) Criminal Activity
a) Primary . Refers to the main or principal crime specialty, for which group was originally
established
b) Secondary. Refers to other alternative crime specialties which the group may undertake from time
to time as opportunities warrant.
3) Name the Leader/s
Refers to the full name of the recognized head of the group , including nickname or alias. If possible,
the bio-data, photograph and physical and psychological profile of the individual shall be included.
4) Name of Members
Refers to and enumeration of the members of the group, including the bio-data, photograph and physical
and psychological profile for each individual.
5) Area of Operation/Main Base
a) Main Base. Place or locality where the group usually plans or prepares the conduct of its crime
operations.
b) Activity Area. Place or places where the group usually undertake its crime operations.
c) Sanctuary or Haven. Place where the group usually retires in safety after the conduct of operations
which is normally located outside of its activity area.
d) Safehouses. Places where the group embark or disembark in its crime operations which is normally
located within its activity area.
e) Stashhouses. Places where the group normally store or conceal its armaments, vehicles and other
equipment prior to or immediately after each criminal activity.
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6) Arms and Equipment
a) Weapons: Type, make, caliber and serial numbers
b) Communication: Radio, Cellular phones etc.
c) Vehicles: Color, year of manufacture, model, brand, accessories and license plates
7) Current Activities
Crime activities acknowledged or identified to have been committed by or attributed to the group.
8) Criminal Case Number
9) Connections
Associations and linkages from the government, private and other sectors established and maintained by
the group, to include their role and circumstances in the group’s activities
10) Modus Operandi
Distinct style or mode of operations used by the group in perpetrating its crime operations
11) Criminal Records
Official criminal information of each individual member of the group, including criminal case number,
offense, court of jurisdiction, case status and warrant of arrests, if any.
12) Economic Assets
Individual or collective financial resources established and maintained by the group in the form of bank
account/deposits, real estate and other estate and other investment papers/documents resulting from its crime
operations.
13) Group Status
Operational information on whether the group is active or inactive. An OCG/CG is considered active if
it has conducted a reported criminal activity for the past two (2) years, otherwise, it shall be considered as
inactive.
14) Priority
Covered by COPLAN to neutralize said OCG/CG
15) Lead Agency
Responsible for the direction, collection, production, dissemination, case build-up and use of info.
16) Support Agency
Responsible for providing support to lead agency, particularly on info collection.
17) Pending Warrant of Arrests and Criminal Case Number of Leader and Members
56 | P a g e
18) Other Information
Information reports on the group and may include any other information that may be gathered against
the group, i.e. sightings, history, mystical symbolism and planned activities.
19) Remarks and Photographs of Members
20) Attachments
Refers to copies of warrants of arrest and other pertinent documents on members of the group.
2. The Wanted/Priority List- List consisting of persons who can be directly subject for arrest. For a
person to be included in the wanted list, the latter must have an issued warrant of arrest and accused of
either organized or heinous crime.
Wanted List Format
(1) Name/Alias- state the name and aliases used by the person.
(2) Last Known Address- indicate the recent known whereabouts of the person
(3) Group Affiliation- if applicable, state the name of the group wherein the person is a member or
affiliated with.
(4) Area of Operation/Main Base- state the areas where the person is conducting operations/harboring
(5) Position- if the person is a member of the group, indicate the person’s position in the group
(6) Nature of Offense- state the criminal offense the person is charged with
(7) Criminal Case Number- indicate the criminal case number
(8) Issuing Court- state the court which issued the warrant of arrest
(9) Remarks- state any other relevant information not mentioned above such as whether there is a
reward for the arrest of the person, etc.
(10) Photograph- include the person’s photograph, if available
3. The Watch List- List consists of persons suspected to have committed organized or heinous crimes
based from unverified reports and are subject for further monitoring, investigation and case build-up.
Persons to be included in this category are those who have been implicated in:
(1) Sworn statement of victims, witnesses and arrested suspects;

(2) Tactical interrogation/debriefing reports
(3) Intelligence information and agent’s reports
(4) Signed letter complaints; and
(5) Other official reports
Watch List Format
(1) Name/Alias- state the name and alias used by the person
(2) Last Known Address- indicate the recent known whereabouts of the person
(3) Group Affiliation- if applicable, state the name of the group wherein the person is a member or
affiliated with
(4) Area of Operation/Main Base- state the area where the person is conducting operations/harboring
(5) Position- if the person is a member of a group, indicate the person’s position in the group
(6) Crime Committed/Involvement- state the crime where the person is suspected to be involve and the
person’s nature of involvement
(7) References- cite particular reference which are basis for the person’s inclusion in the watch list such
as information reports, police investigation reports, etc.
(8) Photograph- include the person’s photograph, if available
57 | P a g e
4. Mechanics for Removal and Downgrading of Entries From Wanted List to Watch List
a) Removing Entries from Wanted List
A person’s name shall be removed from the priority/wanted list only after the warrant for his arrest has
been served. However, same person’s name shall be placed back in the priority list if the person has:
(1) Escaped while in detention pending the resolution of the court case
(2) Jumped bail
(3) Escape while serving sentence
b) Downgrading Entries from Wanted List to Watch List
In cases where a person has been arrested and is out on bail but is monitored to be involved in crimes
defined in the criteria for the priority/wanted list, same person’s name shall be removed from the priority list
on the watch list.
5. Mechanics for Removal and Upgrading of Entries From Watch List to Wanted List
a) Removing Entries From Watch List
If upon verification, a person is found to have no involvement whatsoever, the person’s name shall be
removed from the watch list.
b) Upgrading Entries From Watch List to Wanted List
If enough evidence to warrant the filing of a criminal case in court and a a warrant of arrest has been
issued for the person included in the watch list, the person’s name shall be removed from the watch list and
placed in the priority list
6. Drawing of Top Twenty Most Wanted Persons From the Wanted List
From among the entries in the priority list, “Top Twenty Most Wanted Persons” shall be drawn. The
parameters which serve as the bases for the inclusion are as follows:
a) Number of warrant of arrests

b) Gravity of offenses
c) Notoriety and extent of atrocious activities of the person; and
d) Recidivism
Chapter 9
THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME AND THE ROLE OF INTERPOL IN

THE GLOBAL CAMPAIGN AGAINST TRANSNATIONAL ORGANIZED CRIME
A. The Philippine Center on Transnational Crime
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Pursuant to Executive Order No. 62, the Philippine Center for Transnational Crime is created under the
Office of the President to formulate and implement a concerted program of action of all law enforcement,
intelligence and other government agencies for the prevention and control of transnational crime.
B. Powers and Functions
1. To establish through the use of modern information and telecommunication a shared central data
base among government agencies for information on criminals, methodologies, arrest and convictions on
transnational crimes.
2. To supervise the conduct of anti-transnational crime operations of all government agencies and
instrumentalities.
3. To established a central database on national as well as international legislation and jurisprudence on

transnational crime, with the end view of recommending measures to strengthen responses and providing of
immediate intervention for the prevention, detection and apprehension of criminals operating in the country.
4. To establish a center for strategic research on the structure and dynamics of transnational crimes in
all its forms, and predict trends and analyze relationships of given factors for the formulation of individual
and collective strategies for the prevention and detection of transnational and organized crime and for the
apprehension of the criminals involved.
5. To design programs and projects aimed at enhancing national capacity building in combating
transnational crime as well as supporting the related programs and projects of other ASEAN and
international centers.
6. To explore and coordinate information exchanges and training with other government agencies,
foreign countries and international organizations involved in the combat against transnational crime
7. To enlist the assistance of any department, bureau, office, agency or instrumentality of the
government, including the use of their respective personnel, facilities and resources.
C. Organizational Structure
The Philippine Center for Transnational Crime is chaired by the President through the Presidential Anti-
Organized Crime Commission (PAOCC). PCTC is also supervised by the Secretary of the Department of the
Interior and Local Government (DILG), who is the Vice-Chair of POCC. The Executive Director of the
PCTC reports to the President through the DILG.
Presently, the PCTC have two (2) Executive Offices and four (4) Directorates, namely:
1. The Office of the Executive Director (OED)
Functions:
a) Directs and controls the movement, deployment, placement, and the utilization of PCTC units and
personnel including its facilities and other resources.
b) Issues detailed implementing policies and instructions regarding personnel, funds, properties,
records, correspondence and such other matters as maybe necessary to effectively carry out the functions,
powers, and duties of the PCTC.
2. Office of the Deputy Executive Director (ODED)
59 | P a g e
Functions
a) Assist the Executive director in the exercise of responsibilities relative to PCTC personnel,
human resource development, logistics, budget and finance, building security, information
management, capability building, legal research, legislative research, international
cooperation, strategic research and studies.
b) Acts as Chairman of the following Committees, namely:
 Committee on Decorum
 Grievance Committee
 Travel Board and Personnel Selection and Recruitment Committee
3. Directorate for Support Services (DSS)
Functions
a) Assist the Executive Director on matters involving personnel, financial, logistical and
security requirements needed for effective and efficient administration of the PCTC.
b) Performs its functions through its three (3) Divisions, namely:
 Administrative Division
 Security Services Division
 Budget and Finance Division
4. Directorate for Operations (DO)
Functions
a) Assist the Executive Director in monitoring and supervising the day-to-day operational
activities of the PCTC on all matters concerning anti-transnational crime operations.
b) Performs its functions through its four (4) Divisions, namely:

 INTERPOL Command and Coordination Division
 Case Management Division
 Capacity Building Division
 Fugitive Investigation and International Notices Division
5. Directorate for Research (DR)
Functions
a) Assist the Executive Director in attaining the intelligence objectives of the PCTC and in
providing its clients with better, accurate, timely, objective and integrated analyses on
transnational crimes that impact on economy and security.
b) It performs its functions through its six (6) Divisions, namely:
 Public Safety and Terrorism Division
 Drugs and Criminal Organization Division
 Financial and High-Tech Crimes Division
 Special Crimes Division
 Human trafficking and Smuggling Division
 Information Technology Division
6. Directorate for Plans and Policies (DPP)
Functions
60 | P a g e
a) Assist the Executive Director in the formulation and development of plans and programs
that are beyond the immediate operational tactical range which includes:
 Organizational and Human Resource Development
 Legislation and International Initiatives
 Strategic studies on the impact of transnational crimes on law
enforcement, public safety and security
b) Performs its functions through its three (3) Divisions, namely:
 Strategic Research Division

 Policy Formulation Division
 International Cooperation Division
Three (3) Field Offices were activated to serve as strategic points of information exchange and
coordination among law enforcement agencies, likewise to extend the PCTC's services:
 PCTC Visayas Field Office located in Cebu City

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

Enforcement Coordinating Committee (NALECC)
a) The NALECC issued a resolution in April 1999 to include the PCTC as one of its regular
members. The PCTC is the Chairman of the Sub-Committee on International Law Enforcement Cooperation
(SCILEC).
b) Pursuant to E.O 829 NALECC was created to serve as the venue for the coordination of all law
enforcement activities of various government law enforcement agencies to ensure unified direction and
integration of effort throughout the country in the suppression of criminal activities on a day-to-day basis,
particularly at the operating levels.
2. PCTC as INTERPOL Manila NCB Secretariat
Pursuant to E.O 100 (May 7, 1999) and the Memorandum on the Implementation of E.O 100 (February
7, 2000), the general control and supervision of INTERPOL Manila NCB Secretariat was transferred from
the Directorate for Operations of the PNP to the PCTC to serve as the liaison office and main coordinating
body for international police cooperation against transnational crime representing all law enforcement
agencies in the Philippines that performs the following functions:
:
a) Maintains an Operation Center
b) Acts on request for information from member countries, local law enforcement agencies and other
government organizations.
c) Disseminates INTERPOL notices, media releases, requests for investigative assistance and
announcement of conference to concerned bureaus, law enforcement agencies and other concerned office.
At PCTC, the INTERPOL Command and Coordination Division, under its Directorates for Operations
is the office responsible for processing all requests and responses sent via INTERPOL Global
Communication System known as 1-24/7.
61 | P a g e
PCTC as INTERPOL NCB Manila Secretariat implements the following programs:
a) 1-24/7 Expansion Program - designed to link selected SCILEC member-agencies to the
IGCS that will provide the access to selective databases containing information on stolen travel
documents, fingerprints, DNA, stolen vehicles, stolen works of art and global INTERPOL news.
b) INTERPOL "Red Notice" Project - aims to upload to the INTERPOL database the
records of fugitives/wanted persons who may have fled the country to escape prosecution and
suspected individuals who were identified to have links with known terrorist groups.
c) Visa Check Project - designed to assist the Bureau of Immigration and the Department of
Foreign Affairs in exercising better control in the vetting process for foreigners who are trying to
secure a visa to enter the Philippines.
d) Lost Passport Project - designed to sustain the government initiatives against human
trafficking and terrorism. It aims to upload data on lost stolen and cancelled passports to the
INTERPOL database primarily to curb human trafficking/smuggling and identity fraud.
e) Fugitive Search Project - aims to run after foreign nationals with existing warrant of arrest,
and/or fugitives from justice seeking sanctuary in the country.
3. PCTC coordination on information exchanges and training with local and international
counterpart:
a) The Philippines has entered into a number of Memoranda of Understanding (MOU) and Memoranda
of Agreement (MOA) with the PCTC acting as the communication-cum-liaison center.
b) Memorandum of Arrangement between the Republic of the Philippines and New Zealand on
Cooperation to Combat Transnational Organized Crime
c) Multilateral Agreement on Information Exchange and the Establishment of Communication

Procedures
E. Other Functions
1. Designs programs and projects to enhance capacity building in combating Transnational

Crime
a) RP-UK Crisis Management Assistance Program on Counter Terrorism (RP-UK CMAP) - aims
to develop the capacity of the Philippine law enforcement and other agencies in managing crises arising from
terrorism and transnational organized crime.
 Training on crisis and consequence management to mobilized the conduct of training and
exercises in order to ensure effective, multi-discipline and multi-level response system.
 Harmonization of Philippine crisis management doctrines and the formulation of a new crisis
management manual preferably using all hazard approach.
b) RP-EU Philippine Boarder Management project (PBMP) - aims to strengthen and enhance its
border management capacity to more effectively manage migration in accordance with international norms
and protocols.
62 | P a g e
 Manage by International Organization for Migration (IOM),
with PCTC as Co-Chair of the PBM Project Advisory Steering Committee.
c) Brunei Darussalam-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-

EAGA) Support Team on Customs, Immigration, Quarantine and Security BEST on CIQS) Project -
the main objective of this training activity is to enhance the institutional capabilities of BIMP-EAGA support
team on customs, immigration, quarantine and security agencies to deliver effective services at the ports of
entry and exit participating in the BIMP-EAGA, particularly in helping neutralize transnational criminal
activities at the ports.
2. Monitoring Body of the Country's Compliance to the ASEAN Work Programs to address
Transnational Crime
a) Consolidation of the accomplishments of all government agencies involved in the fight against
Transnational Crime and submits a country report to the ASEAN Secretariat through the Department of the
Interior and Local Government.
3. Support to Policy-Making
a) National Legislation - PCTC supported the crafting and signing of the following national legislation
as Secretariat of its Technical Working Groups and Rescue Agency to international legislation:
 Anti-Money Laundering Act of 2001
 Anti-Trafficking in Persons Acts of 2003
 Human Security Act of 2007
b) Bilateral/International Agreements - in 2006, the PCTC headed the Philippine Delegation that
negotiated the final draft of the ASEAN Convention on Counter-Terrorism, which was signed by the
ASEAN leaders at the summit held in January 2007.
F. The Role of INTERPOL in the Global Fight Against Transnational Crimes
INTERPOL - by the name of the International Criminal Police Organization, an organization

established to promote international criminal police cooperation. INTERPOL was conceptualized way back
in 1920's after a meeting of the representatives of criminal police in 20 nations, which discussed the apparent
problem of phenomenal increase in crimes on Europe that lead to the creation of the International Police
Commission which had its headquarters in Vienna.
In 1956, the Commission Constitution was completed and formally ratified and change the name into
its present International Criminal Police Organization, "INTERPOL".
The INTERPOL’'s Mission is
"To be the whole world pre-eminent police organization in support of all organizations, authorities, and
services whose mission is preventing, detecting and suppressing crimes". It seeks to achieve this by:
1. Providing both a global perspective and a regional focus

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

63 | P a g e
2. A range of criminal data bases and analytical services
3. Proactive support for police operations throughout the world.
Organizational Structure
1. General Assembly - make major decisions on the policy, budget, working methods, finances and
programs of activities of Interpol.
a) Composed of delegated appointed by the government of member countries.
b) Each member country represented has one vote.
2. Executive Committee - supervises the execution of the decisions of the general assembly and the
work of the secretary general.
a) Have 13 members, the president (chair of the committee), 4 vice presidents, and 8 delegates.
b) Members are elected by the general assembly and should represent different countries.
c) The president and the four vice presidents must come from different continents.
d) The president is elected for 4 years term and vice presidents for 3 years term.
3. General Secretariat - implements decisions and recommendations adopted by the two governing
bodies through Secretary General.
4. National Central Bureau - staffed with the countries own police officers. These bureaus become
the single point contact for foreign governments requiring assistance, which oversees investigations and
information's on the different police structures in other countries.
Rules in its Campaign Against Terrorism

INTERPOL'S two-fold rule in fighting Terrorism:
1. To prevents acts of international terrorism
2. If such acts are carried out, to ensure that the perpetrators are brought to justice which could be
achieved by exchanging information's with its member countries through its source messaging system and
by arranging meetings of expert to address the subject.
Fugitive Investigation
1. At the request of its member countries, they electronically circulate on an international scope notices
containing identification, details and judicial information's about wanted criminals.
2. Actively encourages the international search for the arrest of fugitives and offender wherever they
may hide.
3. Coordinates and enhances international cooperation in the field.
4. Collects and disseminates best practice and expert knowledge
5. Offers direct investigative support and specialized knowledge
6. Develops and promotes best practices and trainings.
The International Notices System (INTERPOL's Five (5) Types of Notices)
1. Red Notice - based on national arrest warrants, are used to seek the arrest and extradition of
suspects.
64 | P a g e
2. Blue Notice - are used to seek
information on the identity of persons or on
their illegal activities related to criminal
matters.
3. Green Notice -are used to provide

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

missing persons including children, or help
people to identify themselves.
5. Black Notice - are used to

determine the identity of deceased person.
References
Abadinsky, Howard. Organized Crime. Wadsworth Publication Co.. USA. 2000
Bevelacqua, Armando &Stilp, Richard: Terrorism Handbook for Operational Responders. Thomson Delmar
Learning. USA. 2007.
Corpus, Victor N. Silent War. VNC Enterprises. Quezon City, Philippines. 1989
Crile, George. My Enemy’s Enemy.Atlantic Books. Wales, Great Britain. 2003
Dammann, Burkhard. Trafficking in Human Beings: A Global Perspectives. Criminal Justice Journal.National Police
Commission. 2000
Dua, Shyan. Terrorists and Terrorist Organizations.Printline Books. 2004
Maas, Peter. Killer Spy. Warmer Books, Inc. New Yerk. 1995
65 | P a g e
Powell, Bill. Treason.Simon and Schuster.Rockfeller Center, New York, USA. 1995
Siegel, Larry J. CRIMINOLOGY: Theories, Patterns and Typologies. Thomson Wadsworth. USA. 2004
Talbott, Strobe and ChandaNayon.The Age of Terror.Basic Books. New York, USA. 2001
White, Jonathan R.: Terrorism: An

Introduction. Wadsworth Contemporary Issues in Crime and Justice Series. USA. 2002
William, Paul L. Al Qaeda: Brotherhood of Terror. Alpha Pearson Education Company. USA 2002
66 | P a g e

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LEARNING PACKETS

against transnational organized crime.

General Course Information

Course Title : Organized Crime Investigation

No. of Units : 3 units

Course Learning Plan (Week 1 to 5) August 24 –September 25

Week No. Content/Topic Objectives/Compete Teaching-Learning

Week 1 Chapter 1- 1. State the concept of Home-based activity with

Week 5 Chapter 2- 1.Explain the concept of Home-based activity with

Course Learning Plan (Week 6 to 9) September 28 to October 23

Week No. Content/Topic Objectives/Competencies Teaching-Learning

Week 8 Chapter 3- 1. Explain the concept of Home-based activity with learning

Course Learning Plan (Week 10 to 14) October 26 to November 20

Week No. Content/Topic Objectives/Competencies Teaching-Learning

Week 12 Chapter 6- Human Trafficking 1. Describe the role of Home-based activity

Week 13 Chapter 7- Money Laundering 1. Describe the role of Home-based

Course Learning Plan (Week 14 to 18) November 23 to December 25

Week No. Content/Topic Objectives/Competencies Teaching-Learning

Week 18 Chapter 9- 1. Discuss how the crime of Home-based activity with

Course Learning Outcomes:

After the course, the student should be able to:

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

Class Assessment and Grading System

Pre-Assessments, Self-Assessment and Examination - 40 %

Chapter 1- Definition, Nature and Historical Background of

Chapter 2- The Transnational Organized Crime

Chapter 3- Terrorism as an Organized Crime

Chapter 4- Legal Framework in the Investigation of the

Chapter 6- Human Trafficking

Chapter 7- Money Laundering

DEFINITION, NATURE AND HISTORICAL BACKGROUND OF

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

B. Attributes of an Organized Crime

5. It perpetuates itself. An OC group constitutes an ongoing criminal conspiracy designed to persist

8. It is monopolistic. An OC group eschews competition. It strives for hegemony over a particular

C. Structure of Organized Crime Group

2. Patrimonial/ Patron- Client Networks

D. Organized Crime in the Philippines

Kuratong Baleleng Group

Alvin Flores Group

1. Is committed in more than one state;

B. Nature of Transnational Organized Crime

Categories of Computer Crimes

2. Use of data in a computer system for personal gain.

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

Reasons in the Commission of Computer Crimes

Some Techniques Used by Drug Traders When Crossing Borders

Primary Means of Distributing Illegal Drugs

The Drug Syndicates:

CONSPIRACY & PROPOSAL TO COMMIT A FELONY (Art. 8, RA #3815 - RPC)

Known World’s Notorious Drug Syndicate

1. The Chinese Mafia Known as the Triad

D. Noted Transnational Organized Criminal Groups

1.Triad in Hong Kong

2. China Originated Criminal Gangs

3. Taiwan Criminal Gangs

YAKUZA also known as GOKUDO are members of traditional organized crime syndicates

The Yakuza is composed of three (3) principal clans:

6. United States of America - Alien conspiratorial theory

a) La Cosa Nostra, Italian organized crime, and racketeering;

Terrorism is a premeditated, politically motivated violence perpetrated against non-combatant

5. Limited political Terrorism- Genuine political terrorism is characterized by a revolutionary

a) Socioeconomics Status: Middle class to upperclass backgrounds, some extremely wealthy.