Professional Documents
Culture Documents
INTRODUCTION
Learning Objectives:
At the end of the chapter, the student will be able to:
Discuss what policing entails, as well as understandvarious comparative police models and
comparativecriminal justice systems;Present the different types of criminal justice systems;
Comprehend the various types of police models; andRecognize the diverse classifications of
policeoperational styles.Most of us are relatively familiar with the general operations ofthe
components of criminal justice process - the law enforcement, theprosecution, the courts, the
corrections system, and the community,as well as the important roles of local and national
governments inmaintaining order. However, we are often unable to answer what itis about
these institutions that make them work as agents of socialcontrol. Once the law has been
violated, it is the responsibility of formalsocial control agents, such as law enforcement
officers, to enforce thelaw.
C. Causes of Globalization
1. International division of labor
2. Internationalization of finance i.e. the emergence ofglobal banking and globally integrated
financial markets
3. The new technology system based on a combinationof innovations, including solar energy,
robotics,microelectronics, biotechnology, and digitalcommunications and information system
4. The growth of the consumer markets among the moreaffluent populations of the world;
similar trends in consumer tastes have been created by similar processes
D. Challenges Brought by Globalization to Law Enforcement
1. Vast increase in the number of economic and socialtransaction across national borders
inevitably makeorganized criminal activity move from the national tointernational level
2. The evolution of the “Global Village” which opened upunprecedented opportunities for
transnational crimebecause it has fundamentally changed the context in which both legitimate
and illegitimate business operate
3. Growth of transnational economic transaction thatcomplicates the ability of governments to
regulate andcontrol monetary movements across boundaries
4. Rise of cosmopolitan world cities as the repositories ofcapital and wealth and as major
facilitators of cross-border transaction which provides operation based forcriminal
organizations
5. Accessibility of consumers to information about goodsand services around the world giving
rise to globalmarketing opportunities both licit and illicit
6. Increase in migration and growth of ethnic groups havefacilitated in the creation of network
structures for thesupply of illicit good in the global market.In summary, globalization presents
new opportunities of globalinformation and developments, but it also presents threats
becauseof the unaccountable transnational flow of people, information, andideas, which
present opportunities for organized crime and new formsof transnational cooperation between
organized criminal groups.8
CHAPTER 3
TRANSNATIONAL CRIMES
Learning Objectives:
At the end of the chapter, the student will be able to:
Define Terrorism, what constitutes a terrorist act and
terrorist group;
Present what defines drug trafficking;
Comprehend the intricacies of money laundering;
Discuss the problems posed by trafficking in persons; and
Explain the different types of cybercrimes.
NOTE: Transnational Crimes are especially concerned with actscriminalized by laws of more
than one country, while InternationalCrimes are crimes prohibited by international laws,
norms, treatiesand customs.
In the mid-1980s, the US defined terrorism as a violent activityof the hate movement12.
Internationally, terrorism was viewed as sub-national warfare. A number of terrorists were
sponsored by rogueregimes.
Today, terrorism also refers to a large groups who are independentfrom a state, violent
religious fanatics, and violent groups who terrorizefor a particular cause such as the
environmentCriteria in Defining Terrorism: target; objective; motive;perpetrator; and legitimacy
or legality of the act.
Kinds of Terrorism
1. Apolitical Terrorism - Employment of force in a terroristicmanner but for non-political ends.
2. Revolutionary Terrorism - Its primary purpose isthe destabilize and topple the incumbent
regime,replacing it with a political apparatus more acceptableto the revolutionaries. (e.g.
Chinese Revolution, and theVietnamese Revolution]
3. State Terrorism - involves the employment of lethalforce by state governments upon civilian
populationsfor the express purpose of weakening or destroyingtheir will to resist. It could be
internal or external.Internal state terrorism is the use of lethal force by thestate government
against its own civilian populationwith the purpose of repressing the people, making
themapolitical or politically malleable, and/or weakeningthe population's willingness to support
revolutionary orother anti-government forces.
Types of State Terrorism
These are some of the legal instruments that have been drafted bythe United Nations and
its specialized agencies to fight terrorism. Anymember state of the UN is welcome toadopt
these in their territories.
Basic Organizational Structures of Terrorist Groups
1. Command The smallest group, is at the top, andresponsible for the command.As in
military circles, leadership makes policy and planswhile providing general direction.
2. Active Cadre (military term] - They are the people who wecall “terrorists". They are
responsible for carrying out themission of the terrorist organization. They have one or
morespecialties. Other terrorists support each specialty, but theactive cadre is the striking
arm of the terrorist group.
3. Active Supporters - They are the people who keep theterrorists in the field. They
maintain communicationchannels, provide safe houses, gather intelligence, andensure all
other logistical needs are met. This is the largestinternal group in the organization.
4. Passive supporters - They complement active supporters.People who do not readily join
terrorist groups but simplyrepresent a favorable element of the political climate. Many
times they were used without their knowledge.
The Al Qaeda
Arabic for "The Base” ; founded by Osama bin Laden, MuhammedAtef, and Ayman al-
Zawahiri to continue the Jihad internationally.
Al Qaeda's Organizational Structure
1. The Emir (Chief)
2. The Chief Counsel
3. Shura, or Consultation Council. This is a group ofseasoned terrorists and confidants
known as majilis alshura who approve major decisions such as terroristattacks and the
issuance of fatwas (edicts). The councilmembers play leadership roles in the
organization'smajor committees, made up of lower-ranking Al Qaedamembers.
4. The Committees.
a) The Military Committee overseesrecruitment, war, training, and the purchase
of the arms.
b) The Islamic Study Committee makesrulings on religious law and trains all
recruits in the teachings of the Koran andJihad.
c) TheFinance Committee overseescorporate holdings, including the traveloffice and
several other companies.
5. The Cells. The network of terrorist recruitment andtraining has sites throughout the
world. Each cellengages in missions independent of the others, and themembers and
activities of the other cells are kept secret.
Formerly, the Islamic State of Iraq and the Levant[ISIL], itis a self-proclaimed Islamic State
(IS) composed of Sunni, extremist, jihadistunrecognized state and caliphate based in Iraq
and Syria. Later onit renamed as the Islamic State of Iraq and Syria {{ISIS] Arabic
the forerunner of Tanzim Qaidat al-Jihad fi Bilad al-Rafidayn, commonly
The Islamic State Of Iraq And Syria (ISIS)
A. History Cause and FounderHistoryacronym Dā'ish or DaeshThis group originated as
Jama'at al-Tawhid wal-Jihad in 1999 andknown as Al-Qaeda in Iraq (AQI). During the
2003 invasion of Iraq,it took part in the Iraqi insurgency against coalition forces and Iraqi
security forces. In 2006, it joined other Sunni insurgent groups toform the Mujahideen
Shura Council, which consolidated further intothe Islamic State of Iraq (ISI). It gained a
significant presence in AlAnbar, Nineveh, Kirkuk and other areas, but around 2008, its
violentmethods led to a backlash from Sunni Iraqis and other insurgentgroups and a
temporary decline.
In April 2013, the group changed its name to the Islamic Stateof Iraq and the Levant. It
grew significantly under the leadershipof Abu Bakr al-Baghdadi, gaining support in Iraq in
the context ofperceived economic and political discrimination against Iraqi Sunnis.After
entering the Syrian Civil War, it established a large presence inthe Syrian governorates of
Ar-Raqqah, Idlib, Deir ez-Zor and Aleppo. Ithad close links to al-Qaeda until February
2014 when, after an eight-month power struggle, al-Qaeda cut all ties with the group,
citing itsfailure to consult and notorious intransigence.
Cause
areas ofOriginally, it aimed to establish an Islamic state in Sunni-majority
regions of Iraq. Following its involvement in the Syrian Civil Warhowever, this expanded to
include controlling Sunni-majoritySyria. It proclaimed a worldwide caliphate on 29 June
2014, and AbuBakr al-Baghdadi-known by his supporters as Amir al-Mu'minin,Caliph
Ibrahim was named as its caliph, and the group was renamedthe Islamic State [IS].
In its self-proclaimed status as a caliphate, it claims religiousauthority over all Muslims
worldwide, and aims to bring mosttraditionally Muslim-inhabited regions of the world under its
politicalcontrol, beginning with the Levant region, which approximatelycovers Syria, Jordan,
Israel, Palestine, Lebanon, Cyprus, and partof southern Turkey.Designated as a terrorist
organization, because of its grave humanrights abuses; Amnesty International has found it
guilty of ethniccleansing on a historic scale. Its actions, authority and
theologicalinterpretations are widely criticized around the world; notably withinthe Muslim
community.
Founder
The ISIS is founded by Abu Bakr al-Baghdadi, who is known tohis supporters as Amir al-
Mu'minin Caliph Ibrahim. Formerly knownas Abu Du'a. He claims descent from the Islamic
prophet Muhammad,he is called Abu Bakr Al-Baghdadi Al-Husseini Al-Qurashi.He is listed by
the US State Department as a Specially DesignatedGlobal Terrorist on 4 October 2011 and
announced a reward of up toUS$10 million for information leading to his capture or death.Al
Baghdadi was born near Samarra, Iraq, in 1971; obtaineda BA, MA and PhD in Islamic
studies from the Islamic University ofBaghdad. - Helped to found the militant group Jamaat
Jaysh Ahl al-Sunnah wa-l-Jamaah (JJASJ) in 2003, in which he served as head
of the sharia committee. His group joined the Mujahideen ShuraCouncil (MSC) in 2006, which
he served as a member of the MSC'sSharia Committee. Later on, the MSC was renamed as
the Islamic Stateof Iraq (ISI) in 2006, and al-Baghdadi became the general supervisor of the
ISI's Sharia Committee, and a member of the group's SenioConsultative Council.The Islamic
State of Iraq (ISI), also known as al-Qaeda in Iraq (AQIwas the Iraqi division of al-Qaeda, and
Al-Baghdadi was announced aits leader on 16 May 2010, following the death of his
predecessor AbOmar al-Baghdadi.As the leader of the ISI, al-Baghdadi was responsible fo
masterminding large-scale operations such as 28 August 201attack on the Umm al-Qura
Mosque in Baghdad, which killeprominent Sunni lawmaker Khalid al-Fahdawi. Between March
arApril 2011, the ISI claimed 23 attacks south of Baghdad, all allegedcarried out under al-
Baghdadi's command.
Following the death of founder and head of al-Qaeda, Osama binLaden, on 2 May 2011, in
Abbottabad, Pakistan, al-Baghdadi releasedhis death. On 5 May 2011, al-Baghdadi claimed
responsibility for ana statement praising bin Laden and threatening violent retaliation forattack
in Hilla, 62 miles south of Baghdad, that killed 24 policemenAl-Baghdadi remained leader of
the ISI until its formal expansionthe formation of the Islamic State of Iraq and the Levant
(ISIL)-alternatively translated from the Arabic as the Islamic State in Iraqand wounded 72
others.into Syria in 2013, when in a statement on 8 April 2013, he announced
and Syria (ISIS).Legal Framework and Investigation of the Crime of Terrorism
1. Legal Definition of Terrorism or Terror Acts
REPUBLIC ACT NO. 937214 (AN ACT TO SECURE THESTATE AND PROTECT OUR
PEOPLE FROM TERRORISM ),otherwise known as “ Human Security Act of 2007" defined
Terrorism as Any person who commits an act punishableunder any of the following provisions
of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in theHigh Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup de etat), including actscommitted by private persons; Article 248
(Murder);
4. Article 267 (Kidnapping and Serious IllegalDetention);
5. Article 324 (Crimes Involving Destruction;or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances andHazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory andLiability 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 (DecreeCodifying the Laws on Illegal and
Unlawful Possession,Manufacture, Dealing in, Acquisition or Disposition ofFirearms,
Ammunitions or Explosives)thereby sowingand creating a condition of widespread and
extraordinaryfear and panic among the populace, in order to coercethe government to give in
to an unlawful demand shallbe guilty of the crime of terrorism and shall suffer thepenalty of
forty (40) years of imprisonment, without thebenefit of parole as provided for under Act No.
4103,otherwise known as the Indeterminate Sentence Law,as amended: (Section 1 and 3, RA
9372)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 theRevised Penal Code or a
conspirator as defined in Section 4 hereof,cooperates in the execution of either the crime of
terrorism orconspiracy to commit terrorism by previous or simultaneous acts.
3. Any person who, having knowledge of the commission of the crimeof terrorism or
conspiracy to commit terrorism, and without havingparticipated therein, either as principal or
accomplice under Articles17 and 18 of the Revised Penal Code, takes part subsequent to its
commission in any of the following manner: (a) by profiting himselfor 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) byharboring, concealing, or
assisting in the escape of the principal orconspirator of the crime.Notwithstanding the above
paragraph, the penalties prescribedfor accessories shall not be imposed upon those who are
such withrespect to their spouses, ascendants, descendants, legitimate,natural, and adopted
brothers and sisters, or relatives by affinitywithin the same degrees, with the single exception
of accessoriesfalling within the provisions of subparagraph (a).
Primary Means of Distribution
1. Hierarchical Arrangement. The manufacturer uses hisown men to smuggle, wholesale,
store, and distributesthe drugs.
2. Hub-and - Spoke-Layout. Taking advantage of localgangs and other localized criminal
organization. TheCartel is at the center with satellite organizations thatmay provide certain
services to the manufacturer, andthen there is a plurality distinct groups, each with itsown
chain.Techniques of Drug Traffickers when Crossing Borders
1. Avoiding border checks by small aircraft and throughoverload smuggling routes.
2. Submitting to border checks with the drugs hidden ina vehicle, between other merchandise,
in luggage, in orunder clothes, inside the body, etc.
3. Buying off diplomats to smuggle drugs in diplomaticmail/luggage to avoid border checks
Note:
Mule - a lower criminal recruited by a smugglingorganization to cross a border carrying drugs,
or sometimesunknowing person in whose bag or vehicle the drugs areplanted, for the purpose
of retrieving them elsewhere.
Philippine Drug Enforcement System (RA 9165 -The Comprehensive Drug Act of
2002)Agencies Involved in Drug Enforcement
1. The Dangerous Drug Board [Art. 9 (Sec. 71-81)The DDB which is under the Office of the
President,is the policy-making and strategy-formulating body inthe planning and formulation of
policies and programs ondrug prevention and control.
2. The Philippine Drug Enforcement Agency [Art. 9 (Sec.82-86) RA 9165]
An agency created by the virtue of RA 9165 which wasenacted into law on June 7, 2002 and
signed into law byPresident Gloria Macapagal Arroyo. It is a part of ExecutiveOrder No. 61,
issued January 15, 1999, creating theNational Drug Enforcement and Prevention
CoordinatingCenter which is tasked to orchestrate and consolidate allthe government's anti-
drug efforts.PDEA serves as the Implementing arm of theDDB, and is responsible for the
efficient and effective lawenforcement of all the provisions on any dangerous drugand/or
controlled precursor and essential chemical asprovided by the comprehensive Drug Act of
2002.National Campaign Strategy against Dangerous Drugs
1. Demand Reduction - Refers to the implementation ofpreventive education and public
information campaignsto increase awareness of the ill effects of prohibited drugs.It also
includes treatment and rehabilitation of drugdependents.
2. Supply Reduction - Refers to the activities which endeavorto reduce the supply
side/segment of illegal drugs to thebarest minimum level possible. Activities are centered
to the arrest of drug personalities and seizure of illegaldrugs through intensified police
operations. This is to simultaneously drive the prices of drugs skyrocketinghigh and create
acute shortage of the contraband todeath knell level. Intelligence workshops, neutralization
of transnational and local drug group, arrest of foreignand local drug group, filing cases in
courts, seizures ofdangerous drugs, controlled precursors and essentialchemicals, and
laboratory equipment, dismantling of shabulaboratories and chemical warehouses, precursor
control,support activities (( operation private group) gathering ofinformation regarding illegal
drug activities and personalitiesin the neighborhood and community without disclosingthe
identity of the informants), monitoring of drug cases,destruction of seized illegal drugs, and
regulatory control.
3. Inter-Agency Cooperation These are the activitiesthat promote anti-drug related activities
among taskedgovernment agencies in close coordination with thePDEA, being mandated to
lead the drug enforcement andprevention efforts of the government.
4. International Cooperation - To run after the transnationaldrugs syndicates; and
plug/minimize the drug traffic to andfrom the Philippines. Exchange of information and
relevanttechnologies that could be used in the anti-drugs campaignare accessed through the
PCTC, INTERPOL, ASEANAPOL,Defense/Military and Police attaches,
embassies,consulates, international NGOs, like the InternationalAssociation of chiefs of Police
(IACP). These are the avenuesthrough which international cooperation is tapped
againsttransnational syndicates and sources of drugs. This is thenatural consequence of the
"globalization of the world intoa village".
Activities
a) International interdictions
b) Coordination with Interpol
c) Linkages with the ASEAN community
d) U.N. Anti-drug Convention
Some identified methods of money launderingMoney Laundering Methods
1. Mix dirty money with legitimate funds
2. Use dirty money for legitimate purposes
3. Invest dirty money legitimate businessinclude: double invoicing; direct cash deposit; back -
to-back loans; fake properties transactions; underworldillicit banking systems; advocate trial
fees; smurfing; andfake gambling earnings. Other identified methods are:stock exchange
bogus transactions; purchase of sharesinto holding companies, off-shore companies, box-
lettercompanies; purchase of shares in private multinationalbanks, either directly or through
intermediaries; andpurchases of gold, jewelry, luxury items like luxury cars,ships or vessels,
planes, real estate properties, etc.
Historical Background of Money Laundering
Money laundering originated in the 1920's when The Americanmafia owned laundromats
which were cash businesses. Criminalsthen used this laundromats to hide illegal proceeds by
investing saidmoney in the Laundromats business, or mixing illicit funds with cleanmoney.
In 1986, The United States passed the Money Laundering ControlAct (MLCA), and in 1988
the United Nations Convention against IllicitTrafficking in Narcotic Drugs and Psychotropic
Substances (VIENNACONVENTION) made drug money laundering a criminal offense
In 1989 The G-7 Nations (France, Germany, Italy, Japan, UnitedKingdom, United States, and
Canada) formed the FINANCIAL ACTIONTASK FORCE (FATF) which were mandated to
devise internationalstandards and policies to combat money laundering.And in 2000 the
United Nations Convention against TransnationalOrganized Crime (PALERMOCONVENTION)
extended the legaldefinition of money laundering to include all serious crimes.
The Anti-Money Laundering Act (REPUBLIC ACT NO. 9160,otherwise known as the "Anti-
Money Laundering Act of 2001,as amended by RA 9194 , RA10167, & 10365)
Money Laundering Offense
Money laundering is a crime whereby the proceeds of an unlawfulactivity (predicate crime) are
transacted, thereby making them appearto have originated from legitimate sources.
Money Laundering is committed as follows:
1. Any person who transacts or attempts to transact with anymonetary instrument knowing
that it involves or relates tothe proceed of an unlawful activity
2. Any person who facilitates the commission of money-laundering as defined in no.1 by
knowingly performing orfailing to perform an act
3. Any person who fails to disclose and file a report withAMLC of any instrument or
transaction report as requiredunder the law.
D. Trafficking in Persons
Definition
The recruitment, transport, transfer, harboring or receipt ofa person by such means as threat
or use of force or other forms ofcoercion, abduction, fraud or deception for the purpose of
exploitation.It differs from human smuggling for the latter is mainly about theillegal entry of a
person into a State, and it is understood to include anelement 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 useof force, deception, coercion,
abuse of power or position ofvulnerability;
3. The purpose of trafficking is always exploitation
Note:
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.
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
Modalities of Trafficking
1. Recruitment: Methods vary, but usually involve deception
or coercion. Generally, traffickers target persons in harsh
living conditions with limited educational and professional
opportunities.
2. 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.
3. Control and Exploitation: 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
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.
Anti-Trafficking In Persons Act Of 2003 [ RA 9208]
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.
Acts Considered as Trafficking in Persons
The following are considered as an act of trafficking in
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;
or sexual
or
4. Undertaking or organizing tours and travel plans consisting
of tourism packages or activities for the purpose of utilizing
purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
7. Recruiting, hiring, adopting, transporting or abducting a
services for departing persons for the purpose of promoting
and offering persons for prostitution, pornography
exploitation;
5. Maintaining or hiring a person to engage in prostitution
pornography;
6. Adopting or facilitating the adoption of persons for the
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.
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
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.
Qualified Trafficking in Persons
The following are considered as qualified trafficking:
1. When the trafficked person is a child;
2. When the adoption is effected through Republic Act No.
8043, otherwise known as the “Inter-Country Adoption
Act of 1995” and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large
scale. Trafficking is deemed committed by a syndicate
if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is
deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
4. When the offender is an ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a
public officer or employee;
5. When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
6. When the offender is a member of the military or law
enforcement agencies; and5. 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.
Qualified Trafficking in Persons
The following are considered as qualified trafficking:
1. When the trafficked person is a child;
2. When the adoption is effected through Republic Act No.
8043, otherwise known as the “Inter-Country Adoption
Act of 1995” and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large
scale. Trafficking is deemed committed by a syndicate
if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is
deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
4. When the offender is an ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a
public officer or employee;
5. When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
6. When the offender is a member of the military or law
enforcement agencies; and afflicted with Human
instruments of modern technology such as computers and the internet.
in persons, the offended party dies, becomes insane,
Immunodeficiency Virus (HIV) or the Acquired Immune
7. When by reason or on occasion of the act of traffickingmutilation instruments of modern
technology such as computers and the internet.in persons, the offended party dies, becomes
insane,Immunodeficiency Virus (HIV) or the Acquired Immunesuffersafflicted with Humanor
isDeficiency Syndrome (AIDS).
E. Cybercrimes
Definition
Cybercrime. The commission of a criminal acts using the
Types of Cybercrimes
1. Cyber theft. Use of cyberspace to either distribute illegalgoods or services or to defraud
people for quick profits.
E.g. Illegal copyright infringement, identity theft, internetsecurities fraud, warez.
2. Cyber vandalism. Use of cyberspace for revenge,destruction, and to achieve a malicious
intent. E.g. Websitedefacement, worms, viruses, cyber stalking, cyber bullying.
3. Cyber terrorism. An effort by covert forces to disrupt theintersection where the virtual
electronic reality of computersmeets the physical world. E.g. Logic bombs use to disrupt or
destroy “secure" systems or network, Internet used tocommunicate covertly with agents
around the world.The Cybercrime Prevention Act of 2012 [RA 10175]REPUBLIC ACT 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FORTHE PREVENTION, INVESTIGATION,
SUPPRESSION ANDTHE IMPOSITION OF PENALTIES THEREFOR AND FOROTHER
PURPOSES [ Cybercrime Prevention Act of 2012].APPROVED: September 12, 2012
PUNISHABLE ACTS
1. Offenses against the confidentiality, integrity and availabilityof computer data system, such
as: illegal access, illegalinterception, data interference, system interference, misusedevices,
and cybersquatting.
2. Computer-related offenses, such: as computer-relatedforgery, computer related fraud, and
computer-relatedidentity theft.as:
3. Content-relatedoffenses, suchcybersex, childpornography, unsolicited commercial
communications,and libel.
4. Other offenses, such as: aiding or abetting in the commissionof cybercrime, and attempt in
the commission of cybercrime{Sections 4 & 5).PRESERVATION AND DISCLOSURE OF
COMPUTER DATAPRESERVATION OF COMPUTER DATA BY SERVICEPROVIDER:
Minimum period of 6 months from thedate of transaction.
PRESERVATION OF THE CONTENT DATA: 6 monthsfrom the date of receipt of the order
from law enforcementauthorities requiring its preservation
DISCLOSURE OF COMPUTER DATA: Within 72 hours fromreceipt of the order in relation to
a valid complaint officiallydocketed for investigation. {Section 13 & 14}
Note:
Service provider - refers to any public private entity that providesto users of its service the
ability to communicate by means of computersystem ; any other entity that process or stores
computer data onbehalf of such communication service or users of such service.
CUSTODY OF THE COMPUTER DATA: Deposited under the custodyof the court within
48 hours after the examination as provided by thewarrant {Section 16).
JURISDICTION: Regional Trial Court (Special CybercrimeCourt) {Section 21).
THE CYBERCRIME INVESTIGATION AND COORDINATINGCENTER: Under the
Administrative supervision of the OPRES forpolicy coordination among concerned
agencies and for the formulationand enforcement of the national cybersecurity plan {
Section 24}COMPOSITION OF THE CICC {Sec 25Chairperson - Executive Director of the
Information andCommunications Technology, Department of Science and
Technology (ICTO-DOST)Vice Chairperson - NBI DirectorMembers - PNP Chief, Head of
the DOJ Office of Cybercrimeand 1 representative from the private sector and
academecooperation become now imperative. It also indicates that policingpresent trends
in crime fighting.
Effects of Transnational Crime to Police ServiceWith globalization, commission of
transnational crimes acrossborders is facilitated, and the need for bilateral and
internationalshould be more current and effective. Police should gain insights intohow to
deal with these new breeds of crimes. Best practices maybeadopted from other police
models. The goal is to test whether the theoryand practice in policing needs innovation to
meet the demands of theThe Fight Against Transnational CrimeThe key struggle against
transnational crime is dynamiccooperation base upon:
1. Mutual trust;
2. Common perception of the threat;
3. Realization that crime must be influence beyond nationalborders;
4. Understanding of the limitations of domestic interventionand unilateral action; and
5. Signaled attention to work with other interested nations inthe interest of protecting
national integrity and sovereignty.
Activities of the PCTC to underscore its Role in the FightAgainst Transnational Crimes
1. Strong Regional Coordination - the PCTC serves asa focal point in seeking the
assistance and supportof member countries in the ASEAN and Asia PacificRegions by
strengthening international cooperation.
2. Support to the United Nations-PCTC is involved in thedrafting of the main text of the UN
Convention againstTransnational Crime and other related protocols.
3. Capacity Building of Local Government UnitsPCTC conducts simulation exercises to
assist localgovernment units in the country in coping with theissues and concerns relative
to crisis situation.
-
4. National Cooperation PCTC host various technicalworking group meetings formulating
proposedlegislation.PCTC's Command and Control
1. The PCTC is under the office of the President butplaced under the general supervision
and control of theNational Security Adviser
2. The Executive Director has immediate supervision andto designate duties and functions
of all units andcontrol over all units of PCTC. As such he is authorizedsupervisory
authority over personnel and resources
3. Directorate for Research (DR) - performs its functionsPersonnel of the PCTC; and
3. The Executive Director has direct operational anddetailed with PCTC.
Presently the PCTC have two (2) Executive Officesand four (4) Directorates:
Executive Offices:
1. Office of the Executive Director (OED)
2. Office of the Deputy Executive Director (ODED) whoalso act as chairman of the
Committee on Decorum,Grievance Committee, and ravel Board PersonnelSelection and
Recruitment Committee, and TravelBoard Personnel Selection and
RecruitmentCommitteeDirectorates:
1. Directorate for Support Services (DSS) - performs itsfunctions through itsAdministrative
Divisions, Security Service Division,and Budget and Finance Division
2. Directorate for Operations (DO) - performs itsfunctions through itsINTERPOL Command
and Coordination Division,Case Management Division,Capacity Building Division,
andInvestigation and International Notices Divisionthrough its six (6) Division namely:
Fugitive
a) Public Safety and Terrorism Division
b) Drugs and Criminal Organization Division
c) Financial And High-Tech Crimes Division
d) Special Crimes Division
e) Human Trafficking and Smuggling Division
f) Information and Technology Division
4. Directorate for Plans and Policies performs itsfunctions through its three (3) Division
namely:
a) Strategic Research Division
b) Policy Formulation Division
c) International Cooperation Division
Legislative Responses Against Specific Transnational Crimes
III. Essay: Answer the question, directly, concisely and sequentiallyaccording to order.
Always explain your answer even the questiondoes not expressly ask for an
explanation, for a mere “Yes” or “No”answer without any explanation or discussion will
not be given anycredit. Write legibly.
Discuss the concept of transnational crimes and explain why
terrorism, money laundering, human trafficking, drug trafficking
are considered transnational crimes. (10 pts)
CHAPTER 4
Learning Objectives:
At the end of the chapter, the student will be able to:Present the policing models in the
ASEAN;
Compare the different policing models in the ASEAN; and
Discuss the history and evolution of the various policingmodels in the ASEAN region.
The Philippines is one of the founding members of the Associationof Southeast Asian Nations
(ASEAN). Likewise, it has active diplomaticrelations with these neighboring countries. The
countries in the ASEANregion are beset by transnational organized crimes. Thus promotion
of regional cooperation among their police forces is a necessity. Thischapter presents the
basic features of police system among ASEANmember-states. Due to very limited information
Timor Leste is notincluded in this book.