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CHAPTER 1

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.

This chapter introduces the basic terminologies related to


policing, types of criminal justice systems in the world, police models
and operational styles.
Definitions
Policing. According to Manning (1977), policing literally means,“controlling, monitoring,
tracking, and altering, if required, publicconduct". Its core concept is identified by its relation
with the potentialuse of force in ensuring obedience to the law, within the rule of
law.Comparative Police System. This refers to the science and artof investigating and
comparing the police system of nations, whichcovers the study of their police organizations,
trainings and methodsof policing
Comparative Criminal Justice. This pertains to the sub-fieldof criminal justice which deals with
comparing the similarities anddifferences of criminal justice in terms of structure, goals,
punishmentand emphasis on rights as well as history, and political structure ofdifferent
systems.

B. Types of Criminal Justice System in the World


1. Common Law System. It is characterized by strongadversarial procedures and relies upon
oral evidence inwhich the public trial is a main focal point; also knownas “Anglo-American
Justice” and adopted in most English-speaking countries.
2. Civil Law System. This system exists throughout Europeancountries. It is characterized by
a strong inquisitorial systemwhere less right is granted to the accused and the writtenlaw is
taken as gospel and subject to little interpretation;also known as “Continental Justice
orRomano-GermanicJustice"
3. Socialist System. This system can be characterized byprocedures designed to rehabilitate
or retrain peopleinto fulfilling their responsibilities to the State. It is theparamount expression
of positive law designed to moveahead toward the perfection of the State and mankind.
Theadministrative officials, not legal officials, who make mostof the decisions in
theadministration of justice. This is alsoknown as the Marxist-Leninist Justice and practiced in
Africa and Asia.
4. Islamic System. In this system, procedures and practicesin the administration of justice are
derived from theinterpretation of the Holy Qur'an.Generally, the Islamic System is
characterized by theabsence of positive law, and is based more on the concept ofnatural
justice or customary law or tribal traditions, wherecrimes are considered as an acts of in
justice that conflictwith tradition. Religion plays a significant role to the extentof theocracy,
where the country is ruled by religious leaders.

C. Types of Police Systems in the Worlds


1. Fragmented Police System - This system, which is found in the United States of America, is
directly attributed tothe federated nature of the political system and localcommunities
asserting their right to home rule.
2. Combined Police System This system is marked by thenational and local governments
cooperating and sharing inthe responsibility for establishing a police service. England's
police organization is an example of this system.
3. National Centralized Police System - In this system,the central government creates a
national police force forthe community. This was originated in Rome and found indemocratic
countries like France as well as in some non-democratic countries.
D. Classification of Police Operational Styles
1. As to law enforcement styles
a. Legalistic, where emphasis is on violations oflaw and the use of threat or actual arrest to
solvedisputes in the community. In theory, the morearrests that are made, the safer the
community willbe. This style is often found in large metropolitanareas.
b. Watchman, where emphasis is on informal meansof resolving disputes and problems in a
community.Keeping the peace is the paramount concern; arrestis used only as a last resort to
resolve any kind ofdisturbance of the peace. This style is commonlyfound in lower
socioeconomic communities.
c. Service, where emphasis is on helping thecommunity as opposed to enforcing the law.
Referrals and diversion to community treatmentagencies are common instead of arrest and
formalcourt action. This style is most likely found inwealthy communities.
2. As to the degree of commitment to maintaining order andrespect for due process
a. Enforcers, where emphasis is on order, with littlerespect for due process.
b. Idealists, where emphasis is on both social orderand due process.
c. Optimists, where emphasis is on due process, withlittle priority given to social order.
d. Realists, where little emphasis is given to dueprocess or social order.
3. As to the way police officers use their authority andpower in street police work
a. Professional, where police officers have the necessary passion and perspective to be
valuablepolice officers.
b. Enforcers, where police officers have passion inresponding to human problems but do not
recognizelimits on their power to resolve them.
c. Reciprocators, where police officers often are tooobjective in that they have perspective but
virtuallyno passion, resulting in a detachment from thesuffering they encounter and often a
failure to takeaction.
d. Avoiders, where police officers have neitherpassion nor perspective, resulting in no
intellectualrecognition of people's problems and no action to resolve them.

REVIEW QUESTIONS: CHAPTER 1


Name:
Date:
Section:
Professor:
Rating:
I. Simple Recall: Identify what is referred to in thefollowing statements.
1.This criminal justice system is known asContinental Justice.
2.This police system is adopted in theUnited States because of the federatednature of the
political system and localcommunities asserting their right tohome rule.
3.This refers to the police model thatEngland follows.
4.In this law enforcement style, keepingthe peace is the paramount concern,and arrest is used
only as a last resortto resolve any kind of disturbance of thepeace. This style is commonly
found inlower socioeconomic communities.ОлThis police operational style emphasizeson
order, with little respect for due
process.
II. Alternative Response: Write TRUE if the statement is correct.Write FALSE if the statement
is incorrect and rewrite it to makeit correct.
1. The Philippine police system is centralized like of thatin France.
2. The essential meaning of policing is a compulsivecompliance with the law within the rule of
man.
3. The Common Law System is characterized byinquisitorial procedure, where the judge is
veryactive in proving the guilt of a person accused ofcommitting crime.
4. Political ideology plays an important role in IslamicCriminal System.
5. Legalistic police operational style is usually found inrural areas.
III. Essay:
Assume that you are a police officer. What do you think is the
most ideal operational style that you may adopt in the use of your
authority and power in street police work? (5 pts.)
CHAPTER 2
GLOBALIZATION AND ITS EFFECTS TO POLICING
Learning Objectives:
At the end of the chapter, the student will be able to:
Discuss the concept of globalization and its causes;
Present the effects of globalization to policing;
Comprehend the challenges brought by globalization
to policing; and
Recognize the changing role of the police.

Globalization, which refers to the increasingly internationalcharacter of social life, is having an


impact on much of society,including technology, commerce, communication and crime.
Crimeson the internet, drug dealing, and smuggling show the power of globalcrime and the
difficulties it poses for local level law enforcement. Localcrimes and small-time perpetrators
will be replaced or supplementedby crimes and criminal groups with global scope. This
chapter willpresent the concept, causes and challenges brought by globalizationto policing.
A. The Concept of Globalization
Globalization refers to the process by which regional economies,societies, and culture,
as well as information, ideas and even authoritybecome integrated by a global network of
political ideas throughcommunication, transportation, and trade. In addition, it pertains to the
increasing interconnectedness of thedifferent parts of the world through common processes of
economic,environmental, political and cultural changes.

B. Events that contributed to the Emergence of Globalization


1. Establishment of international agencies and institutions
2. Standardize system of global time
3. Global networks of communication
4. International competitions and prizes
5. International law
6. Internationally shared notions of citizenshipand human rights

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

E. The Changing Role of the Police


In the past, the police were preoccupied solving craftº local crimes.With globalization, they are
now faced with highly organized andsophisticated crimes, like terrorism, bank robbery, drug
trafficking,money laundering, and kidnap for ransom, among others. Moreover,crimes have
crossed borders. Like big corporations, organized crimeshave evolved into transnational
crimes, with operations in differentparts of the world (McCarthy, 2011).
F. Effects of Globalization to Policing
1. The emergence of transnational criminal activities
2. Need for transnational policing; hence cooperation amongpolice organizations in the world
is vital
3. Training instruction for law enforcement officers mustinclude the use of updated
technological tools
4. Development of new strategies to deal with transnationalorganized crime groups
5. There is a need to update laws related to law enforcementbased on the contemporary
theories of crime causation
REVIEW QUESTIONS: CHAPTER 2
Name:
Date:
Section:
Professor:
Rating:
I. Alternative Response: Write TRUE if the statement is correct.Write FALSE if the statement
is incorrect and rewrite it to makeit correct.
1. The increase in economic and social transactionsfacilitated the internationalization of
transnationalcrimes.
2. The development of an integrated worldwideeconomy marked by free trade, free flow of
capital,and the tapping of cheaper foreign labor market iscalled transnational crime.
3. Global village means the world is seen as a communityin which people are connected by
computers,television, etc., and all depend on one another.
4. Globalization should not affect our policing system.
5. Our policing system should not be affected by the growthof transnational crimes resulting
from globalizationbecause it will constitute a surrender of our sovereignty.
II. Essay:
Describe how globalization affects the priorities of our law
enforcement agencies in the country (5 pts).

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.

The principal targets of international police cooperationare serious transnational crimes.


Article 2 of the United NationsConvention against Transnational Organized Crimes defines
seriouscrime as "conduct constituting an offence punishable by a maximumdeprivation of
liberty of at least four years or a more serious penalty". 10Moreover, Article 2 describes
“organized criminal group to mean astructured group of three or more persons, existing for a
period of timeand acting in concert with the aim of committing one or more seriouscrimes or
offences established in accordance with this Convention,in order to obtain, directly or
indirectly, a financial or other materialbenefit”ll. In addition, the United Nations Office of Drugs
and Crimestates that the “transnational nature of organized crime means thatcriminal
networks forge bonds across borders as well as overcomecultural and linguistic differences in
the commission of their crime.Organized crime is not stagnant, but adapts as new crimes
emergeand as relationships between criminal networks become both moreflexible, and more
sophisticated, with ever-greater reach around theglobe” (UNODC). This chapter discusses
some transnational crimesbesetting the world as well as the various bilateral and
internationalpacts established to fight these menace. Furthermore, the Philippineresponses to
address these problems are also presented herein.

Transnational Crime is an activity that is considered a criminaloffense by at least two


countries. It is an offense whose inception,Transnational Crimesprevention and/or indirect
effects involves more than one country.The word "transnational“ describes crimes that are not
onlyinternational, but crimes that by their nature involve border crossingas an essential part of
the criminal activity. It also includes crimes thattake place in one country, but its
consequences significantly affectanother country (Allum and Gilmore, 2012).

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.

Examples of Transnational Crimes


1. Terrorism - A tactic or technique by means of whicha violent act or threat thereof is used for
the primeobjective of creating overwhelming fear for coercivepurposes.
2. Trafficking in Persons, the exploitation of vulnerablepeople for purposes of sex, labor, and
organ harvest byorganized criminal groups.
3. Money Laundering - is a process by which, assetsprimarily cash assets, which are derived
from illegalactivities are manipulated in such a manner to makethem look as it were derived
from legitimate sources.
4. Drug Trafficking - illegal movement across one or morenational frontiers of psychoactive
substances.
5. Cybercrimes crimes that involve an informationand communication technology (ICT)
network. In thePhilippines, Republic Act 10175 or the CybercrimePrevention Act divides these
typologies intoCrimes that target a computer networkor device directly. These are dubbed
'purecybercrimes' inasmuch as the primary targetis the ICT network itself such as
malwareattacks and hacking.
a. Crime is that target computer network or device directly. These are dubbed pure
cybercrimes in a such as the primary is the ICT network itself such as malware attacks and
hacking.
b. Crimes facilitated by computer network ordevices. Typically these are violations of the
Revised Penal Code and other special lawsdone through means provided by ICT. An
example would be illegal recruitment donethrough online means.
A. TerrorismDefinitions
Terrorism is not easy to define. For one, attempts of theUnited Nations to postulate a
universal definition through theUN Comprehensive Convention on International Terrorism has
yet to produce any solid fruit owing to a confluence of factors.Primary of which is the
resistance of the members of theOrganization of the Islamic States to include armed struggle
forliberation and self-determination as among the acts that mayfall under the umbrella of
terrorist acts.Here are a few attempts on defining terrorism:The use or threatened use of 1)
force designed to bringabout a political change (Brian Jinkins, 1984).Constitutes the
illegitimate use of force to achieve apolitical objective by targeting innocent people (Walter
Laqueur, 1970)Unlawful use of force or violence designed to intimidateor coerce a
government or civilian population in thefurtherance of political or social objectives. (Omnibus
Diplomatic Security, An Anti-Terrorism Act of 1986]Socially and politically unacceptable
violence aimedat an innocent target to achieve psychological effect(Martha Crenshaw,
1983).Method of combat in which the victims serve assymbolic targets.Apremeditated,
politically motivated violence perpetratedagainst non-combatant targets by subnational
groupsor clandestine agents.

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.

Types of Apolitical Terrorism


a. Psychotic Terrorism develops fromabnormal behavior; those who attemptbizarre, ostensibly
political actions withuncertain or irrational motives.
b. Criminal terrorism-systematic use of terrorfor material gain. The primary manifestationof
force in this form of terrorisminclude kidnapping, extortion, ganglandassassinations and
murders.
c. Mystical Terrorism involves the use oflethal force against symbolic victims toinfluence or
invoke supernatural powers.Mysticism plays a part in both the instigationof terrorism and the
enhancement of itseffect.

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

Repression Terrorism - engaged in by a terrorist stateregime against elements of its own


population to createconditions enough for that regime to remain in politicalcontrol.
b. Military Terrorism - employment of terrorism by anation's military instrument against the
civilian populationof an enemy nation for the purpose of undermining thepopulation's will to
support its own government or shatteringthe cohesion of the population making it unable to
supportits government. Thus, where repression terrorism seeks tocontrol the population,
military terrorism seeks to makethat target population unmanageable.
c. State-Sponsored Terrorism-involves the employment oflethal force across international
borders for the purpose ofdestroying or weakening the political cohesion of a targeted
political entity. The state employing state-sponsoredterrorism does not use its own military
instrument todeliver the lethal force, but harness social elements withinthe targeted entity to
do so.

Sub-Types of State-Sponsored Terrorism

1) National Revolutionary Terrorism - Can be supported bysovereign states wishing to


weaken or topple the incumbentregime of the target state. [e.g. Italian Red Brigades;
GermanRed Army Faction, etc.)
2) International Revolutionary Terrorism Those thatemploy terrorism targets controlled and
operated bypersons other than terrorists own fellow countrymen. [e.g.Palestinian
Liberation Organization; Islamic Jihad; or otherradical Islamic terrorist group]

3) Minute Political Terrorist Gangs - Micro-political terroristgangs likely to receive state


sponsorship. They do not havepopular support but support for them can cause disruption
in the targeted entity. [e.g. German Red Army factions]Traditional Terrorist Tactics
1. Bombing
2. Hijacking
3. Arson
4. Assault
5. Kidnapping
6. Hostage-taking
International Legal Instruments Against Terrorism 13
1. 1963 Convention on Offenses and Certain Other ActsCommitted On Board Aircraft
2. 1970 Convention for the Suppression of Unlawful Seizureof Aircraft
3. 1971 Convention for the Suppression of Unlawful Actsagainst the Safety of CivilAviation
4. 1988 Protocol for the Suppression of Unlawful Acts ofViolence at Airports Serving
International Civil Aviation,supplementary to the Convention for the Suppression
ofUnlawful Acts against the Safety of Civil Aviation
5. 2010 Convention on the Suppression of Unlawful ActsRelating to International Civil
Aviation
6. 1997 International Convention for the Suppression ofTerrorist Bombings
7. 1991 Convention on the Marking of Plastic Explosives forthe Purpose of Detection
8. 1999 International Convention for the Suppression of theFinancing of Terrorism
9. 2005 International Convention for the Suppression of Actsof Nuclear 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.

POWERS AND DUTIES OF LAW ENFORCEMENT AUTHORITIESDURING THE SEARCH,


SEIZURES AND EXAMINATION OFCOMPUTER DATA

To secure a computer system or a computer datastorage system


2. To make and retain a copy of those computer data secured
3. To maintain the integrity of the relevant storedcomputer data
4. To conduct forensic analysis or examination of the computerdata storage medium
5. To render inaccessible or remove those computer datain the accessed computer and
communications network{Section 15).

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.

1. UN Convention Against Transnational CrimeFeatures:


a) Creation of domestic criminal offenses to combat theproblem;
b) Adoption of new, sweeping frameworks for mutual legalassistance, extradition, law
enforcement cooperation,technical assistance and training.
2. UN Protocols on Specific Areas ofTransnational Organized CrimeFeatures:
a) Protocol to prevent, suppress and punish traffickingin persons, especially women
and children;
b) Protocol against smuggling of migrants by land, airand sea; and
c) Protocol against the illicit manufacturing of andtrafficking of firearms, its parts,
components andammunition.
Philippine Response to Transnational Crimes
The Creation of the Philippine Center for Transnational Crime (PCTO
Legal Basis
1. Executive Order No.62 Series of 1999 (January15,1999) - PCTC is created to
establish a shareddatabase among concerned agencies for information
on criminals, methodologies, arrest and conviction ontransnational crime in all its
forms.
2. Executive Order No.100 Series of 1999 (May 7,1999), Executive No.295(September
28, 2002)and Executive Order No.146 (October 22, 2002)
- strengthen the operational, administrative andinformation support system of the
PCTC. Under theseEO's, the center shall exercise general supervision andcontrol over
the following:
1.) Loop Center of the National Action Committeeon Anti - Hijacking and Terrorism
(NACAHT)
2.) International Criminal Police OrganizationICPO-INTERPOL-NCB Manila, which
hasbeen reconstituted to serve as the nationalliaison office and main coordinating
bodyfor international police cooperation againsttransnational crime.
3.) Police attaches of the Philippine NationalPolice, and
4.) Political attaches/counselors for securitymatters of the Department of Interior andLocal
Government (DILG).

Four Major Concerns of PCTC


1. Information Exchange
2. Strategic Studies
3. Capacity Building
4. Law Enforcement Coordination

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

1. Public Safety and Terrorism: RA 9372 - Human Security


Act of 2007; RA 6969 – Toxic Substances and Hazardousand Nuclear Waste Control Act
of 1990; PD 532 – AntiPiracy and Anti-Highway Robbery Law of 1974; PD 1866
asamended by RA 8294 - Decree Codifying the Law on Illegal/Unlawful Possession,
Manufacture, Dealing In, Acquisitionor Disposition of Firearms, Ammunition and
Explosives;RA 9851 - Philippine Act on Crimes against InternationalHumanitarian Law,
Genocide, and Other Crimes AgainstHumanity; and RA 10168 - Law that Punishes
TerroristFinancing
2. Trafficking of Human Beings: RA 9208- Anti-Traffickingin Persons Act of 2003; RA 8042
- Migrant Workers andOverseas Filipino Workers Act (Illegal Recruitment); RA8043 - Inter
- Country Adoption Act; RA 6955 - Anti -Mail Order Bride Act; RPC, Article 272 - Slavery;
and RPC,Article 341 - White Slave Trade
3. Financial and High-Tech Crimes: RA 9160 as amendedby RA 9194, RA 10167 & RA
10365 - Anti MoneyLaundering Act of 2001; RA 8484 - Access DevicesRegulation Act; RA
8792 - Electronic Commerce Act of2000; RA 4200 - Anti - Wire Tapping Law; Republic
ActNo. 10175 - Cybercrime Act of 2012.
4. Drug Trafficking/Smuggling: RA 9165 - The Comprehensive Dangerous Drug Act of
2002 as amended by RA 10640

1. Memorandum of Understanding (MOU) between the PNPand KNPA; September 10,


2013 in South Korea whichcovers cooperation in crime information exchange, capacity
building, exchange in law enforcement technology, studieson the prevention and control of
illicit drug traffickingterrorism, arms smuggling, human trafficking, cybercrimes,money
laundering, international economic crimes andbanking offenses, and forgery, among
others. It also providesestablishment of Police Liaison Desks in the PNP and KNPA
the Indonesian National Police (INP) to expand regional inter-agent PNP Agreements with
ASEAN Police Organizationsto facilitate police assistance to Filipino nationals.
Memorandum of Understanding (MOU) between the PNP,cooperation against
transnational crimes on March 8, 2011 at thelsMerdeka in Jakarta. The agreement covers
the following crimes: ditrafficking, terrorism, arms smuggling, human trafficking,
maritipiracy, cybercrimes, commercial crimes, bank offenses, credit a
fraud, fraudulent travel documents, and other forms of commence
and financial fraud.

REVIEW QUESTIONS: CHAPTER 3


Name:
Date:
Section:
Rating:
Professor:
1. Simple Recall: Identify what is referred to in the
following statements.

1. In the ___________ as the a means ofdistributing illegal drugs, the cartel


takes advantage of local gangs and otherlocalized criminal organization.
2. Process through which the existence ofillegality of source of money is concealedto
make it appear that it is legitimate.
3. United Nations Convention againsttransnational organized crime wherebythe concept
of money laundering includedthe proceeds of all serious crimes.
4. Recruitment of a woman for workabroad but instead placed her in abrothel.
5. Crimes committed using moderntechnology and or computer.
6. Crimes committed using moderntechnology and or computer.An entity that provides
the users of itsservice the ability to transact businessby means of computer system.
7. The purpose of its terroristic act is todestabilize and topple the incumbentregime.
8. This component of terrorist groupprovides safe houses to the terroristmember/s.
9. What is the law that punishes terroristactivities committed in the Philippineterritory?
10. The law that criminalized cybercrimes inthe Philippines is _________.
II. Alternative Response: Write TRUE if the statement is correct.
Write FALSE if the statement is incorrect and rewrite it to make
it correct.
1. Computer related-theft is punishable byRepublic Act 10175.
2. Person who is engage in spreading terror is terrorism.
3. The Chairperson of the Cybercrime Investigation andcoordinating Center is the NBI
Director.
4. Al Qaeda means," Bearer of the Sword.”
5. Terrorism has originated from violent religious fanatics
6. The Dangerous Drug Board is under the Officeof the President.
7. The ISIS was founded by Osama Bin Laden.
8. The “Golden Triangle" is a producer of world's cocaleaves and cocaine based
products.
9. The usual method of recruiting human trafficked victimis through the use of violence.
10.Illegal access and cybersquatting is punishable byRepublic Act No. 10175.

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

ASEAN POLICE MODELS

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.

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