Republic of the Philippines

COMMISSION ON HIGHER EDUCATION

PAMANTASAN NG LUNGSOD NG MUNTINLUPA
   Poblacion, Muntinlupa City

MASTERS IN SCIENCE IN CRIMINAL JUSTICE SYSTEM

REPORTERS : CARDENAS BENEDICTO F, RICARDO PESIMO

FACILITATOR : JOSE MELARTE GOOCO, PH D

SUBJECT : ECONOMIC CRIMES

DATE OF REPORT: FEB 26, 2023

_____________________________________________________________________________

SMUGGLING

Conveyance of things by stealth, particularly the clandestine movement of goods to

evade customs duties or import or export restrictions.

TYPES OF SMUGGLING IN THE COUNTRY

 HUMAN SMUGGLING
 HUMAN TRAFFICKING
 GOODS
 WILDLIFE

HUMAN SMUGGLING

INVOLVES THE PROVISION OF A SERVICE TYPICALLY TRANSPORTATION OF

FRAUDULENT DOCUMENT TO AN INDIVIDUAL WHO VOLUNTARILY SEEKS TO
GAIN ILLEGAL ENTRY INTO FOREIGN COUNTRY

HUMAN TRAFFICKING

United Nations defines human trafficking as the recruitment transportation, transfer,

harboring, or receipt of people through force, fraud, or deception, with the aim of
exploiting them for profit. It exists in almost every industry, including domestic work,
agriculture, mining, fishing, factory work, and commercial sex work. Victims of human
trafficking can also be forced into marriage and armed conflict. Victims may be paid they
often aren’t, but their wages are so low, they are essentially slaves.
Why does human trafficking exist?

 Poverty

 A lack of education

 A lack of human rights protections

 A lack of legitimate economic opportunities

 Cultural factors

 Conflict and natural disasters

 A lack of safe migration

 Deception and intimidation

 Profit

REPUBLIC ACT NO 9208 AN ACT TO INSTITUTE POLICIES TO ELIMINATE WOMEN

AND CHILDREN ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
FOR PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING
PENALTIES ITS VIOLATION AND FOR OTHER
REPUBLIC ACT No. 10845
AN ACT DECLARING LARGE-SCALE AGRICULTURAL SMUGGLING AS ECONOMIC
SABOTAGE, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES

SECTION 3. Large-Scale Agricultural Smuggling as Economic Sabotage. – The crime

of large-scale agricultural smuggling as economic sabotage, involving sugar, corn, pork,
poultry, garlic, onion, carrots, fish, and cruciferous vegetables, in its raw state, or which
have undergone the simple processes of preparation or preservation for the market,
with a minimum amount of one million pesos (P1,000,000.00), or rice, with a minimum
amount of ten million pesos.

 (a) Importing or bringing into the Philippines without the required import permit
from the regulatory agencies
 (b) Using import permits of persons, natural or juridical, other than those
specifically named in the permit
 (c) Using fake, fictitious or fraudulent import permits or shipping documents;
 (d) Selling, lending, leasing, assigning, consenting or allowing the use of import
permits of corporations, nongovernment organizations, associations,
cooperatives, or single proprietorships by other persons;
 (e) Misclassification, undervaluation or misdeclaration upon the filing of import
entry and revenue declaration with the BOC in order to evade the payment of
rightful taxes and duties due to the government;
 (f) Organizing or using dummy corporations, nongovernment organizations,
associations, cooperatives, or single proprietorships for the purpose of acquiring
import permits;
 (g) Transporting or storing the agricultural product subject to economic sabotage
regardless of quantity; or
 (h) Acting as broker of the violating importer.

Kinds of Smuggling

Outright smuggling - is the type of smuggling that takes place in the isolated
beaches of the archipelago with no import documents and includes swing operations
in the port of entry. 

Technical smuggling - for its part, involves undervaluation, under declaration

of the volume shipped, misdeclaration and misclassification of shipment.

REPUBLIC ACT NO. 9147

AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF
WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES.

SECTION 2. Declaration of Policy. — It shall be the policy of the State to conserve

the country’s wildlife resources and their habitats for sustainability. In the pursuit of
this policy, this Act shall have the following objectives:

 (a) to conserve and protect wildlife species and their habitats to promote
ecological balance and enhance biological diversity;
  (b) to regulate the collection and trade of wildlife;

 (c) to pursue, with due regard to the national interest, the Philippine commitment
to international conventions, protection of wildlife and their habitats; and
 (d) to initiate or support scientific studies on the conservation of biological
diversity.

What sectors of government monitored of this illegal activities?

 Bureau of Customs

 Philippine National Police

 Philippine Drug Enforcement Agency

 Department of Agriculture

 Department of Traded Industry

 Department of environment and natural resources

What is the Impact of smuggling on economy?

some of the economic impacts of smuggling include reduction in government revenues

from uncollected taxes and customs duties, distortion in prices of locally produced
commodities resulting to losses of potential farm income, slowdown in farm output
production, increase in income inequality and risk of entry of pests.

Conclusion

 Smugglers have the advantage over governments at the moment because of the
lack of an international migration regime in which governments cooperate to
prohibit and prosecute smugglers of humans. Smugglers can easily exploit the
gaps in the institutional structures of international cooperation as well as the
fragmentation of law enforcement efforts. It is also to their advantage that, except
for the violence they may inflict, their basic service of supplying cheap labor for
receiving countries is widely tolerated even though illegal. Their advantage over
 migrants is the migrants’ dependence, ignorance and lack of recourse when
agreements are not fulfilled.
 Combating smuggling/trafficking requires a systematic understanding of the
nature and scope of the problem as well as best practices for controlling these
operations. But human smuggling cannot be curbed in isolation. Public
authorities must deal with a wide range of related matters including human rights,
protection of victims and witnesses, labor and work site regulation, the factors in
source countries that make migration so attractive, and the migration and asylum
policies of receiving countries that permit smugglers to bypass regular
procedures

Recommendation

 Vigilance should be maintained while in port or at anchor including enhanced

security patrols on deck and continuous monitoring of all restricted areas
especially during hours of darkness or poor visibility.
 Promote good governance

 Development Job Creation

 Law enforcement and capacity building

 Educational program and efforts to protect the rights of those who have been
smuggled.

References
 Marilyn B. Barua yap ,The Lawphil Project arellano law foundation,
https://lawphil.net/statutes/repacts/ra2016/ra_10845_2016.html#:~:text=
%E2%80%93%20It%20is%20the%20policy%20of,stability%20of%20prices%2C
%20and%20the
 The corner stone report, volume XIII NO 1 summer 2017 human trafficking
vs human smuggling
https://www.ice.gov/sites/default/files/documents/Report/2017/CSReport-13-1.pdf
 Human Rights Careers may be compensated by course providers,10 Causes of
Human Trafficking, https://www.humanrightscareers.com/issues/10-causes-of-
human-trafficking/
.

III.CONCLUSION

Misappropriation can have very serious consequences

including imprisonment, fines, probation, and a permanent criminal record. The
punishment for misappropriation may be determined by the value of the property
affected and previous criminal record. To control such things and prevent them from
being fooled we must control the access to buildings and systems using unique
identification and passwords restrict and closely monitored access to sensitive
information impose clear segregation od duties