POLICING!

Policing - According to Manning (1977), policing, literally means, "controlling, monitoring,

tracking, and altering, If required, public conduct". Its core concept is identified by its relation
with the potential use of force in ensuring obedience to the law, within the rule of law.

Comparative Police System - The science and art of investigating and comparing the police
system of nations, which covers the study of their police organizations, trainings and methods
of policing.

B. Types of Criminal Justice System in the World

1. Common Law System - This system mostly exists in English speaking countries. It is
characterized by strong adversarial procedures and rely upon oral evidence in which the public
trial is a main focal point. Also known as “Anglo-American Justice" and adopted in most
Englishspeaking countries.

2. Civil Law System. This system exists throughout European countries. It is characterized
by strong inquisitorial system where less right is granted to the accused and the written law is
taken as gospel and subject to little interpretation. Also known as “Continental Justice or
Romano-Germanic Justice"

3. Socialist System. Known as Marxist-Leninist Justice which is practiced in Africa and Asia.
This system can be characterized by procedures designed to rehabilitate or retrain people into
fulfilling their responsibilities to the State.

4. Islamic System. Also known as Muslim or Arabic Justice. In this system procedures and
practices in the administration of justice are derived from the interpretation of the Holy Qur'an.

Generally, Islamic System is characterized by the absence of positive law and are based more
on the concept of natural justice or customary law or tribal traditions, which crimes are
considered as an acts of injustice that conflict with tradition. Religion plays a significant role to
the extent of theocracy, where the country is ruled by religious leaders.

C. Types of Police Models in the World

1. Fragmented Police System - Found in the United States of America. This system is
directly attributed to the federated nature of the political system and local communities
asserting their right to home rule.
2. Combined Police System - This system is marked by the national and local governments
cooperating and sharing in the 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 for the community. This was originated in Rome and found in both
democratic and non-democratic countries like France.

The Transnational Crimes

Transnational Crime - is an activity that is considered criminal offense by at least two countries.
It is an offense that inception, prevention and/or indirect effects involved more than one
country

The word "transnational " describes crimes that are not only international, but crimes that by
their nature involve boarder crossing as an essential part of the criminal activity. It also includes
crimes that take place in one country, but its consequences significantly affect another country.

NOTE: Transnational Crimes are especially concerned with acts criminalized by laws of more
than one country, while International Crimes are crimes prohibited by international laws,
norms, treaties and customs.

Examples of Transnational Crimes

1. Terrorism - A tactic or technique by means of which a violent act or threat thereof is

used for the prime objective of creating overwhelming fear for coercive purposes.

2. Human Trafficking and Smuggling - the illegal organization and exploitation of migrants
in destination countries by organized criminal groups.

3. Money Laundering - is a process by which, assets primarily cash assets, which are
derived from illegal activities are manipulated in such a manner to make them look as it were
derived from legitimate sources.

4. Drug Trafficking - illegal movement across one or more national frontiers of psycho
active substances.

5. Cyber Crimes - crime that involves a computer and a network, where the computer may
or may not have played an instrumental part in the commission of crime, generally it may be
divided into:

a.Crimes that target computer network or device directly.

b. Crimes facilitated by computer network or devices

Classification of Police Operational Styles

1. As to law enforcement styles [James Q. Wilson]

a. Legalistic - is on violations of law and the use of threat or actual arrest to solve disputes in
the community. In theory, the more arrests that are made, the safer the community will be.
This style is often found in a large metropolitan areas.

b. Watchman, where emphasis is on informal means of resolving disputes and problems in a

community. Keeping the peace is the paramount concern; arrest is used only as a last resort
to resolve any kind of disturbance of the peace.

c. Service, where emphasis is on helping in the community as opposed to enforcing the law.
Referrals and diversion to community treatment agencies are common instead of arrest and
formal court action. This style is most likely found on wealthy communities.

2. As to the degree of commitment to maintaining order and respect for due process [John
Broderick]

a. Enforcers, where emphasis is on order, with little respect for due process.

b. Idealists, where emphasis is on both social order and due process.

c. Optimists, where emphasis is on due process, with little priority given to social order.

d. Realists, where little emphasis is given to due process or social order.

 3. As to the way Police Officers use their authority and power in street police work
[William Muir].

a. Professional, where Police Officers have the necessary passion and perspective to be
valuable police officers.

b. Enforcers, where Police Officers have passion in responding to human problems but do not
recognize limits on their power to resolve them.

c. Reciprocators, where Police Officers often are too objective in that they have perspective
but virtually no passion, resulting in a detachment from the suffering they encounter and
often a failure to take action.

d. Avoiders, where Police Officers have neither passion nor perspective, resulting in no
intellectual recognition of people’s problems and no action to resolve them.

Globalization and its Effects to Policing

Globalization, which refers to the increasingly international character of social life, is having
an impact on much of society, including technology, commerce, communication and crime.

A. The Concept of Globalization

Globalization. The process by which regional economies, societies, and culture, as well as
information, ideas and even authority become integrated by a global network of political
ideas through communication, transportation, and trade.

Events that Contribute 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 citizenship and human rights.

Causes of Globalization

1. International division of labor

2. Internationalization of finance i.e. the emergence of global banking and globally
integrated financial markets.
3. The new technology system based on a combination of innovations, including solar
energy, robotics, microelectronics, biotechnology, and digital communications and
information system.
4. Growth of the consumer markets. Among the more affluent populations of the world,
similar trends in consumer tastes have been created by similar processes.

Challenges Brought by Globalization to Law Enforcement

1. Vast increase in the number of economic and social transaction across national borders
inevitably make organized criminal activity move from the national to international level.

2. Evolution of "Global Village" which opened up an unprecedented opportunities for

transnational crime because it has fundamentally changed the context in which both
legitimate and illegitimate business operate.

3. Growth of transnational economic transaction that make enormously difficult for the
government to regulate and control monetary movements across boundaries.

4. Rise of cosmopolitan world cities as the repositories of capital and wealth and as major
facilitators of cross-border transaction which provides operation based for criminal
organizations.

5. Accessibility of consumers to information about goods and services around the world
giving rise to global marketing opportunities both licit and illicit.
6. Increase in migration and growth of ethnic groups have facilitated in the creation of
network structures for the supply of illicit good in the global market.

The Changing Role of the Police

Police were are now facing with highly organized and sophisticated crimes, like terrorism,
bank robbery, drug trafficking, money laundering, kidnap for ransom, etc. Crimes have
crossed borders.

TERRORISM
Definitions

- The use or threatened use of force designed to bring about a political change [Brian
Jinkins, 1984)).
- Constitutes the illegitimate use of force to achieve a political objective by targeting
innocent people [ Walter Laqueur (1970).
- Unlawful use of force or violence designed to intimidate or coerce a government or
civilian population in the furtherance of political or social objectives. (Omnibus
Diplomatic Security An Anti-Terrorism Act of 1986]
- Socially and politically unacceptable violence aimed at an innocent target to achieve
psychological effect (Martha Crenshaw, 1983). Method of combat in which the victims
serve as symbolic targets.
- Any act intended to cause death or serious bodily harm to civilians or non-combatants
with the purpose of:
1. Intimidating a population of serious bodily harm; and
2. Compelling a government or an international organization to do or abstain doing any
act. [UN Panel-03-17-05]

Terrorist Act - any act that is unlawful, involves the use or threatened use of violence or force
against individuals or property is designed to coerce a government or society and supports
political, ideological, or religious objectives.

History of Terrorism

Terrorism has originated from the French Revolution (1789-1795) which describe the actions
of the French government.

In 1848 it was employed to describe violent revolutionaries who revolted against the
government.

By the end of 1800-1900, terrorism was used to describe the violent activities of a number of
groups including: labor organizations, anarchists, nationalist groups revolting against the
foreign powers and ultranationalist political organizations.

After WW II (1939-1945), as the people revolted from European domination of the world,
nationalist groups deemed to be terrorist groups.

From 1960 to early 1980, it was applied to violent left-wing groups, as well as nationalist.
In the mid-1980s, the US defined terrorism as a violent activity of the hate movement.
Internationally, terrorism was viewed as sub-national warfare. Terrorists were sponsored by
the rogue regimes.

Today, terrorism also refers to a large groups who are independent from a state, violent
religious fanatics, and violent groups who terrorize for a particular cause such as the
environment

Criteria in Defining Terrorism:

target; objective; perpetrator; and legitimacy or legality of the act. motive;

Kinds of Terrorism

1. Apolitical Terrorism- Employment of force in a terroristic manner but for non-political

ends.
2. Revolutionary Terrorism- Its primary purpose is the destabilize and topple the
incumbent regime, replacing it with a political apparatus more acceptable to the
revolutionaries. (e.g. China Revolution; Vietnam Revolution)
3. State Terrorism - Involves the employment of lethal force by state governments upon
civilian populations for the express purpose of weakening or destroying their will to
resist. It could be internal or external. Internal state terrorism is the use of lethal force
by the state government against its own civilian population with the purpose of
repressing the people, making them apolitical or politically malleable, and/or weakening
the population's willingness to support revolutionary or other anti-government forces.

Types of Apolitical Terrorism

a. Psychotic Terrorism - develops from abnormal behavior; those who attempt bizarre,
ostensibly political actions with uncertain or irrational motives.
b. Criminal terrorism - systematic use of terror for material gain. The primary
manifestation of force in this form of terrorism include kidnapping, extortion, gangland
assassinations and murders.
c. Mystical Terrorism - involves the use of lethal force against symbolic victim to influence
or invoke supernatural powers. Mysticism plays a part in both the instigation of
terrorism and the enhancement of its effect.
TYPES OF STATE TERRORISM

a. Repression Terrorism - engaged in by a terrorist state regime against elements of its

own population to create conditions enough for that regime to remain in political
control.
b. Military Terrorism - employment of terrorism by a nation's military instrument against
the civilian population of an enemy nation for the purpose of undermining the
population's will to support its own government or shattering the cohesion of the
population making it unable to support its government. Thus, where repression
terrorism seeks to control the population, military terrorism seeks to make that target
population unmanageable.
c. State-Sponsored Terrorism - involves the employment of lethal force across
international borders for the purpose of destroying or weakening the political cohesion
of a targeted political entity. The state employing state-sponsored terrorism does not
use its own military instrument to deliver the lethal force, but harness social elements
within the targeted entity to do so.

Sub-Types of State-Sponsored Terrorism

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

weaken or topple the incumbent regime of the target state. (e.g. Italian Red Brigades;
German Red Army Faction, etc.)
2) International Revolutionary Terrorism - Those that employ terrorism targets controlled
and operated by persons other than terrorists own fellow countrymen. (e.g. Palestinian
Liberation Organization; Islamic Jihad; or other radical Islamic terrorist group]
3) Minute Political Terrorist Gangs - Micro-political terrorist gangs likely to receive state
sponsorship. They do not have popular 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

1. 1963 Convention on Offenses and Certain Other Acts Committed On Board Aircraft

2. 1970 Convention for the Suppression of Unlawful Seizure of Aircraft

3. 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation

4. 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation

5. 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation

6. 1997 International Convention for the Suppression of Terrorist Bombings

Basic Organizational Structures of Terrorist Groups

1. Command - The smallest group, is at the top, and responsible for the command.

As in military circles, leadership makes policy and plans while providing general direction.

2. Active Cadre (military term) - They are the people who we call “terrorists". They are
responsible for carrying out the mission of the terrorist organization. They have one or
more specialties. Other terrorists support each specialty, but the active cadre is the striking
arm of the terrorist group.

3. Active Supporters - They are the people who keep the terrorists in the field. They maintain
communication channels, provide safe houses, gather intelligence, and ensure all other
logistical needs are met. This is the largest internal group in the organization.

4. Passive supporters - They complement active supporters. People who do not readily join
terrorist groups but simply represent 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, Muhammed Atef, 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 of seasoned terrorists and confidants known
as majilis al shura who approve major decisions such as terrorist attacks and the issuance of
fatwas (edicts). The council members play leadership roles in the organization's major
committees, made up of lower-ranking Al Qaeda members:

4. The Committees.

a) The Military Committee – oversees recruitment, war, training, and the purchase of the arms.

b) The Islamic Study Committee – makes rulings on religious law and trains all recruits in the
teachings of the Koran and Jihad.

c) The Finance Committee – oversees corporate holdings, including the travel office and several
other companies.

5. The Cells. The network of terrorist recruitment and training has sites throughout the world.
Each cell engages in missions independent of the others, and the members and activities of the
other cells are kept secret.

A. History Cause and Founder

History

Formerly, the Islamic State of Iraq and the Levant (ISIL), it is a selfproclaimed Islamic State (IS)
composed of Sunni, extremist, jihadist unrecognized state and caliphate based in Iraq and Syria.
Later on it renamed as the Islamic State of Iraq and Syria (ISIS) Arabic acronym Dā'ish or Daesh

This group originated as Jama'at al-Tawhid wal-Jihad in 1999 and the forerunner of Tanzim
Qaidat al-Jihad fi Bilad al-Rafidayn, commonly known 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 to form the Mujahideen Shura Council,
which consolidated further into methods led to a backlash from Sunni Iraqis and other
insurgent groups and a temporary decline.

In April 2013, the group changed its name to the Islamic State of Iraq and the Levant. It grew
significantly under the leadership of Abu Bakr al-Baghdadi, gaining support in Iraq in the
context of perceived economic and political discrimination against Iraqi Sunnis. After entering
the Syrian Civil War, it established a large presence in the Syrian governorates of Ar-Raqqah,
Idlib, Deir ez-Zor and Aleppo. It had close links to al-Qaeda until February 2014 when, after an
eight month power struggle, al-Qaeda cut all ties with the group, citing its failure to consult and
notorious intransigence.

Cause

Originally, it aimed to establish an Islamic state in Sunni-majority regions of Iraq. Following its
involvement in the Syrian Civil War however, this expanded to include controlling Sunnimajority
areas of Syria. It proclaimed a worldwide caliphate on 29 June 2014, and Abu Bakr alBaghdadi-
known by his supporters as Amir al-Mu'minin, Caliph Ibrahim—was named as its caliph, and
the group was renamed the Islamic State (IS).

Legal Framework and Investigation of the Crime of Terrorism

1. Legal Definition of Terrorism or Terror Acts

US REPUBLIC ACT NO. 937214 (AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE
FROM TERRORISM ) otherwise known as “Human Security Act of 2007" defined Terrorism as
"Any person who commits an act punishable under any of the following provisions of the
Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

2. Article 134 (Rebellion or Insurrection);

3. Article 134-a (Coup de etat), including acts committed by private persons; Article 248
(Murder);

4. Article 267 (Kidnapping and Serious IllegalDetention);

5. Article 324 (Crimes Involving Destruction;

PERSON LIABLE FOR THE COMMISION OF TERRORISM

1. Persons who conspire to commit the crime of terrorism.

2. Any person who, not being a principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of
terrorism or conspiracy to commit terrorism by previous or simultaneous acts.
3. Any person who, having knowledge of the commission of the crime of terrorism or
conspiracy to commit terrorism, and without having participated therein, either as principal
or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to
its commission in any of the following manner:

(a) by profiting himself or assisting the offender to profit by the effects of the crime;

(b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in
order to prevent its discovery;

(c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the
crime.

Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within the provisions of subparagraph
(a).

MONEY LAUNDERING
Money Laundering - Covers all procedures to change, obscure or conceal the beneficial
ownership or audit trail of illegally obtained money or valuable so that it appears to have
originated from a legitimate source.

It is a process through which the existence of an illegal source of unlawful application of illicit
gains is concealed or disguised to make the gains legitimate, thereby helping to evade
detection, prosecution, seizure and taxation.

Money Laundering Methods

1. Mix dirty money with legitimate funds

2. Use dirty money for legitimate purposes

3. Invest dirty money legitimate business

Some identified methods of money laundering include: double invoicing; direct cash deposit;
back-to-back loans; fake properties transactions; underworld illicit banking systems; advocate
trial fees; smurfing; and fake gambling earnings. Other identified methods are: stock exchange
bogus transactions; purchase of shares into holding companies, off-shore companies, box-letter
companies; purchase of shares in private multinational banks, either directly or through
intermediaries, and purchases of gold, jewelry, luxury items like luxury cars, ships or vessels,
planes, real-estate properties, etc.

MONEY LAUNDERING PROCESS

Placement - The physical disposal of cash proceeds derived from the unlawful activity. The aim
is to remove cash from the location of acquisition to avoid detection.

Layering - Separating illicit proceeds from their source by creating complex layers of financial
transactions designed to disguise the source of money, subvert the audit trail and provide
anonymity. The purpose is to disassociate the illicit proceeds from the unlawful activity by
creating intentionally a complex web of financial transactions aimed at concealing any audit
trail as well as the source and ownership of funds.

Integration - The final stage in the process at which the money is integrated into legitimate
economic and financial systems and is assimilated with all the other assets in the system.
Historical Background of Money Laundering

Money laundering originated in the 1920's when The American mafia owned laundromats
which were cash businesses. Criminals then used this laundromats to hide illegal proceeds by
investing said money in the Laundromats business, or mixing illicit funds with clean money.

In 1986, The United States passed the Money Laundering Control Act (MLCA), and in 1988 the
United Nations Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic
Substances (VIENNA CONVENTION) made drug money laundering a criminal offense

In 1989 The G-7 Nations (France, Germany, Italy, Japan, United Kingdom, United States, and
Canada) formed the FINANCIAL ACTION TASK FORCE (FATF) which were mandated to devise
international standards and policies to combat money laundering.

DRUG TRAFFICKING
Drug Trafficking/ Illegal Drug Trade - A global black market activity consisting of production,
distribution, packaging and psychoactive substances.

Drug Trafficking Activities

1. Discovery, plantation, cultivation and harvest

2. Preparation for distribution

3. Manufacture, synthesis and refinement

4. Marketing and distribution

Major Drug Traffic Routes

1. Drugs That Originates from the Golden Crescent: Afghanistan, Pakistan; Iran & India

In Southeast Asia, the Golden Crescent is the major supplier of opium poppy, Marijuana and
heroin products in the Western part of Asia. It produces at least 85% to 90% of all heroin
channeled in the drug underworld market.

2. Golden Triangle: Myanmar (Burma), Laos and Thailand Approximately 60% of the world's
opium is produced, and 90% in the Eastern part of Asia.

3. The Silver Triangle: Peru; Bolivia and Colombia Silver Triangle [Peru and Bolivia (70%) and
Colombia (30%)], is the producer of the world's coca leaves and cocaine based products

Primary Means of Distribution

1. Hierarchical Arrangement - The manufacturer uses his own men to smuggle, wholesale,
store, and distributes the drugs.

2. Hub-and - Spoke-Layout - Taking advantage of local gangs and other localized criminal
organization. The Cartel is at the center with satellite organizations that may provide certain
services to the manufacturer, and then there is a plurality distinct groups, each with its own
chain

Techniques of Drug Traffickers when Crossing Borders

1. Avoiding border checks by small aircraft and through overload smuggling routes.
2. Submitting to border checks with the drugs hidden in a vehicle, between other merchandise,
in luggage, in or under clothes, inside the body, etc.

3. Buying off diplomats to smuggle drugs in diplomatic mail/luggage to avoid border checks

Note: Mule - a lower criminal recruited by a smuggling organization to cross a border carrying
drugs, or sometimes unknowing person in whose bag or vehicle the drugs are planted, for the
purpose of retrieving them elsewhere.

National Campaign Strategy against Dangerous Drugs

1. Demand Reduction - Refers to the implementation of preventive education and public

information campaigns to increase awareness of the ill effects of prohibited drugs. It also
includes treatment and rehabilitation of drug dependents.

2. Supply Reduction - Refers to the activities which endeavor to reduce the supply
side/segment of illegal drugs to the barest minimum level possible. Activities are centered to
the arrest of drug personalities and seizure of illegal drugs through intensified police
operations. This is to

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 in the planning and
formulation of policies and programs on drug prevention and control.
2. 2. The Philippine Drug Enforcement Agency (Art. 9 (Sec.082-86) RA 9165) - An agency
created by the virtue of RA 9165 which was enacted into law on June 7, 2002 and signed
into law by President Gloria Macapagal Arroyo. It is a part of Executive Order No. 61,
issued January 15, 1999, creating the National Drug Enforcement and Prevention
Coordinating Center which is tasked to orchestrate and consolidate all the government's
anti-drug efforts. PDEA serves as the Implementing arm of the DDB, and is responsible
for the efficient and effective law enforcement of all the provisions on any dangerous

drug and/or controlled precursor and essential chemical as provided by the

comprehensive Drug Act of 2002.
3. Inter-Agency Cooperation - These are the activities that promote anti-drug related
activities among tasked government agencies in close coordination with the PDEA, being
mandated to lead the drug enforcement and prevention efforts of the government.
4. International Cooperation - To run after the transnational drugs syndicates; and
plug/minimize the drug traffic to and from the Philippines. Exchange of information and
relevant technologies that could be used in the anti-drugs campaign are accessed
through the PCTC, INTERPOL, ASEANAPOL, Defense/Military and Police attaches,
embassies, consulates, international NGOs, like the International Association of chiefs of
Police (IACP). These are the avenues through which international cooperation is tapped
against transnational syndicates and sources of drugs. This is the natural consequence
of the “globalization of the world into a village".
 CYBERCRIME

Cybercrime - The commission of a criminal instruments of modern technology such as

computers and criminal acts using computers and the internet

Types of Cybercrimes

1. Cyber theft - Use of cyberspace to either distribute illegal goods or services or to defraud
people for quick profits. E.g. Illegal copyright infringement, identity theft, internet securities
fraud, warez.

2. Cyber vandalism - Use of cyberspace for revenge, destruction, and to achieve a malicious
intent. E.g. Website defacement, worms, viruses, cyber stalking, cyber bullying.

3. Cyber terrorism - An effort by covert forces to disrupt the intersection where the virtual
electronic reality of computer meets the physical world. E.g. Logic bombs use to distup hoy
secure" systems or network, Internet used communicate covertly with agents around the
world.

The Cybercrime Prevention Act of 2012 [ RA 10175]

REPUBLIC ACT 10175

AN ACT DEFINING CYBERCRIME, FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND

THE IMPOSITION OF PENALTIES THERE OTHER PURPOSES (Cybercrime prevention Act of
2012),

APPROVED: September 12, 2012

POWERS AND DUTIES OF LAW ENFORCEMENT AUT DURING THE SEARCH, SEIZURES AND
EXAMINATIO COMPUTER DATA

1. To secure a computer system or a computer data storage system

2. To make and retain a copy of those computer datas

3. To maintain the integrity of the relevant stored computer data

4. To conduct forensic analysis or examination of the computer data storage medium

 5. To render inaccessible or remove those computer data in the accessed computer and
communications network {Section 15).

CUSTODY OF THE COMPUTER DATA - Deposited under the custody of the court within 48
hours after the examination as provided by the warrant {Section 16).

JURISDICTION - Regional Trial Court (Special Cybercrime Court] {Section 21).

THE CYBERCRIME INVESTIGATION AND COORDINATIN CENTER - Under the Administrative

supervision of the OPRE, policy coordination among concerned agencies and for the form
and enforcement of the national cybersecurity plan {Section 24)

COMPOSITION OF THE CICC {Sec 25}

Chairperson - Executive Director of the Information Communications Technology,

Department of Science Technology (ICTO-DOST)

Vice Chairperson - NBI Director

Members - PNP Chief, Head of the DOJ Office of cybercrime and 1 representative from the
private sector and academe.

PUNISHABLE ACTS

1. Offenses against the confidentiality, integrity and availability of computer data system, such
as: illegal access, illegal interception, data interference, system interference, misuse
devices, and cybersquatting.

2. Computer-related offenses, such: as computer-related forgery, computer related fraud, and

computer-related identity theft.

3. Content-related offenses, such as: cybersex, child pornography, unsolicited commercial

communications, and libel.

4. Other offenses, such as: aiding or abetting in the commission of cybercrime, and attempt in
the commission of cybercrime Sections 4 & 5).

PRESERVATION AND DISCLOSURE OF COMPUTER DATA

PRESERVATION OF COMPUTER DATA BY SERVICE PROVIDER: Minimum period of 6 months

from the date of transaction.
PRESERVATION OF THE CONTENT DATA: 6 months from the date of receipt of the order
from law enforcement authorities requiring its preservation

DISCLOSURE OF COMPUTER DATA: Within 72 hours from receipt of the order in relation to
a valid complaint officially docketed for investigation. Section 13 & 14}

Note:

Service provider - refers to any public private entity that provides users of its service the
ability to communicate by means of computer m; any other entity that process or stores
computer data on such communication service or users of such service.