PHILIPPINE LAW ENFORCEMENT COLLEGE

Josefina Tang Bldg., Burgos Cor Legaspi Streets, Centro 8, Tuguegarao City

CDI 3: SPECIALIZED CRIME INVESTIGATION

WITH SIMULATION ON INTERROGATION AND INTERVIEW

PRELIM

CONCEPTS AND NATURE OF SPECIAL CRIME INVESTIGATION

Criminal Investigation

A. Its Concepts:
The word investigate is derived from the Latin word “vestigare” meaning “to track or to trace.”
When a person commits an act which is not in conformity with the accepted norm of conduct of
society, it is investigated. In this investigation, the process is to find facts and the investigator is a
fact-finder. He proceeds by identifying the offender, locating and arresting him and simultaneously
gathering the evidence to convict him in court.

Criminal investigation requires the investigators the effectiveness, knowledge, investigative

technique and the experiences about investigative methods, procedures, rules and policies to
include the five (5) “W’s” and one (1) “H”, they are: what offense has been committed? Where was
the offense committed? Who committed the offense? When was the offense committed? Why was
the offense committed? and; How was the offense committed?

B. Definition
Investigation is an art and a science of identifying, collecting, preserving and evaluating
information for the purpose of bringing a criminal offender to justice without which relevant highly
significant evidence may be overlooked and improperly or inefficiently gathered, and incorrect
conclusions may be drawn.

C. Basic Elements of the Investigative Process

1. Recognition: the investigating officer must recognize information relating to a crime as
such.
2. Collection: relevant information must also be collected by the investigator.
3. Preservation: the information must be preserved to ensure its physical and legal integrity.
4. Evaluation: the information must be evaluated by the investigator to determine its worth in
prosecuting the suspect. Analyze the value of physical evidences presented.

D. Principles of Investigation
1. No two crimes are alike.
2. Most crimes are solved by guesswork and luck.
3. The law provides element as to what happened.
4. The modus operandi (mode of operation) provides clues as to who did it.
5. Criminals always make mistakes.
6. Evidence is always present.
 7. People always lie to you.
8. Learn to work with others.
9. Know when to give up.
10. Public opinion is important.
11. You can never receive much training.
12. There’s never enough time.
13. The proper ethics is to put behind bars, but not by any means.
14. Document everything.
15. Establish credibility in court.

Inductive and Deductive Reasoning

There is one paramount result in which the investigator is constantly striving and that is
positive identification of victim, perpetrator and witness. Identification, absolute and complete, is
often the crowning achievement of his work.
A deductive reasoning is one you decide is the answer of the case, and which you then
attempt to prove with a collection of facts. To put it in another way, you “jump at a conclusion” and
then undertake to show that your guess was right.

Inductive reasoning collects all the facts available first and allows them to determine the
judgment. After you carefully examine all the details of a case you will be compelled to come to
some conclusion regarding them.

Bear in mind that what is deductive is the handling of the case will come from the
investigator, and what is inductive will be provided for the investigator by the culprit.

PHASES/STAGES OF CRIMINAL INVESTIGATION

In proving the guilt of the accused in court, the fact of the existence of the crime must be
established; the defendant must be identified and associated with the crime scene; competent and
credible witnesses must be available; and the physical evidence must be appropriately identified.
The proof of guilt will depend on the establishment of the essential elements of the crime.

In most cases, crimes are initiated by a citizen calling the police to report the crime or a
police patrol unit responding to evidence that a crime is in progress.

Aims and Objectives:

a. Identify the criminal by (1) confession, (2) eyewitness and (3) circumstantial
evidence
b. trace and locate the guilty suspect
b. prove by evidence the guilt of the suspect/s

THE THREE PHASES OF INVESTIGATION

1. Preliminary Investigation
 It is the first exposure of criminal offense to the investigative effort. It cannot be emphasized
too strongly that this step is vital to the success of the investigation. It serves as the
foundation of the case, therefore, it must be a proper foundation otherwise the entire
investigation is on jeopardy.

The first police representative on the scene will usually be uniformed patrolmen. His duties
are to provide aid to the victim, to secure the crime scene for later investigation and to begin
documenting the facts of the crime.

The initial incident report usually contains the basic fact of the crime, the identity of the victim,
a description of the suspect, and the identity and location of any potential witnesses, as well
as a description of the crime scene and pertinent statements by witnesses or by victim.

The Acronym below Summarizes many of the Duties Expected of an Investigator

Preliminary Investigation

P – roceed to scene promptly and safely

R – ender assistance to injured

E – ffect arrest of the criminals

L – ocate and identify witnesses

I – nterview complainant and witnesses

M – aintain integrity of crime scene and protect evidence

I – nterrogate suspects as necessary

N – ote conditions, events and remarks

A – rrange for evidence collection or collect it yourself

R – eport the entire incident fully and accurately

Y – ield responsibility to follow-up investigator or superior officer

2. In – Depth Investigation

It follows up initial lead steaming from the preliminary investigation. Department order
specifying the maximum inquiry period; arrival of plainclothes detective on the scene where
investigative methods employed are standards. Involves a longer time span. It begins with a
general examination of all facts, leads and other types of information secured during the
preliminary investigation and attempt to answer the following:
 a. Was the crime scene processed in a proper manner?
b. If a suspect was arrested, was the arrest legally competent?
c. Are the physical evidence secured, which should examined by the crime lab and what
specific examinations should be requested?
d. Are the identifying data concerning victims and witness correct?
e. Has preliminary officers has been contacted in regard to leads of areas of inquiry not
found in the formal preliminary report.

In – depth investigation is the reexamining of the preliminary investigation, revisiting the

crime scene, further process the crime scene, interviewing of existing and new victims and
witnesses, processing of documents, gathering of facts and evidence, and application of
criminalistics.

3. Concluding Investigation

The direct outgrowth of the previous two stages. The investigating officer works closely with
the prosecuting attorney. Criminal case should be prepared for trial in different manner.
a. Prepare the records of the case;
b. Review the suspect’s arrest to the certain legality;
c. Review all suspect’s statement and admission or confession as to their validity and
admissibility;
d. Review of the manner in which evidence were secured/obtained;
e. Review and compile field notes, criminal investigative reports and other
documentation that may be used during the trial;
f. Review all information secured by the use of informants, and make decisions about
the possibility of their use in court;
g. Review the prosecutor’s strategy and the nature of the detective’s testimony to be
used during the trial;
h. Arrange for all necessary expert-witness testimony.

Special Crime Investigation – is a special study of modern techniques in the

investigation of serious and specific crimes including murder, homicide, rape, abortion,
robbery, arson, kidnapping, blackmail, carnapping and criminal negligence. The emphasis is
on physical evidence rather than an extra judicial confession. Special crime investigation
focuses on specific crimes which by their nature are difficult and complex to investigate.

It deals with the study of major crimes based on the application of special
investigative techniques.

The following are some example of cases subject to special crime investigation.

1. Robbery 7. Homicide
2. Arson 8. Carnapping
3. Kidnapping 9. Criminal Negligence, Hit and Run cases
4. Abortion 10.Drug Cases
5. Rape 11.Bombing
 6. Murder 12.Swindling

The study concentrates more on physical evidence, its collection, handling,

identification and preservation in coordination with the crime laboratory. Special Crime
Investigation involves a close relationship between the prober in the field and the crime
laboratory technician. They work together as a team, reacting to and extending one another’s
theories and findings both working patiently and thoroughly to solve a crime from their
investigative discoveries.

The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.

Homicide Investigation

Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference
between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of criminal
justice.

Mistakes in the Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind
him. It is important that competent personnel adequately handle the case.

Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party
REFERENCES:

1. Fundamentals of Criminal Investigation by Wilfredo R Beralde

2. Fundamentals of Criminal Investigation by Michael Lyman
3. PNP Criminal Investigation Manual Revised 2011
4. Republic Act 7438

1. Investigating transnational crimes

 Nature of transnational crimes

Transnational Crime - a crime perpetuated by organized criminal groups which the aim of
committing one or more serious crimes or offenses in order to obtain directly or
indirectly, a financial or other material benefits committed through crossing of borders
or jurisdictions.

Transnational or Borderless Crime - According to the United Nations Convention of

Transnational Organized Crime, an offense is transnational if it
• Is committed in more than one state;
• Is committed in one state but a substantial part of its preparation, planning, direction
or control takes place in another state;
• Is committed in one state but involves organized crime group that engages in
criminal activities in more than one state; or
• Is committed in one state but has subs effects in another state.

Three broad categories of transnational crimes

a. provision of illicit goods (drug trafficking, trafficking in stolen property, weapons

trafficking, and counterfeiting)
b. illicit services (commercial sex and human trafficking)
c. infiltration of business and government (fraud, racketeering, money laundering,
and corruption)

1. Terrorism - as any act intended to cause death or serious bodily harm to civilians or
non-combatants with the purpose of intimidating a population or compelling a
government or an international organization to do or abstain from doing any act.

Key Elements of Terrorism

• Terrorism is premeditated.
• It is political.
• It is aimed at civilians.
• It is carried out by sub – national groups.

Terrorist may use:

• weapons of mass destruction
• threats to create fear
• traditional weapons

Weapon of Mass Destruction (WMD) - is a term used to describe a massive weapon

with the capacity to indiscriminately kill large numbers of people.
 NBC – Nuclear, Biological, and Chemical Weapons

Nuclear Weapons Kill… Destroy… Contaminate…

Biological Weapons - Anthrax Virus
Chemical Weapons - Japanese Dooms Day (March 20, 1995): Aum Shinrikyo
Cult Subway Sarin Attack

Republic Act 9372 - The Human Security Act of 2007 (Philippines)

• Policy (Sec. 2) - Protect life, liberty and property from acts of terrorism;
• Condemn terrorism as inimical and dangerous to the national security of the country
and to the welfare of the people
• Make terrorism a crime against the Filipino people, against humanity and against the
law of nations
• Took effect on 15 July 2007

Terrorism (Sec. 3) Three-part definition:

 Predicate act – they have a similar purpose to the larger crime.

Piracy and mutiny on high seas (Art. 122) • Rebellion or insurrection (Art.
134) • Coup d’état (Art. 134-A) • Murder (Art. 248) • Kidnapping and
Serious Illegal Detention (Art. 267) • Arson (Art. 324*; PD 1613) • RA No.
6235 (Anti-Hijacking Law) • PD No. 532 (Anti-Piracy and Anti- Highway
Robbery Law of 1974) • PD No. 1866 as amended by RA 8294 &
10592(Illegal Possession of Firearms and Ammunition)

 Results/Consequences - sowing and creating a condition of widespread and

extraordinary fear and panic among the populace

 Objective - in order to coerce the government to give in to an unlawful demand

Penalty - 40 years of imprisonment without the benefit of parole

Period of Detention without Judicial Warrant of Arrest - within a period of three (3) days
counted from the moment the said charged or suspected person has been apprehended.

Note: Fine of Php 500,000.00 per day of unlawful detention of innocent person.

Anti-Terrorism Council in the Philippines

Chairperson : Executive Secretary

Vice Chairperson : Secretary of Justice
Members : Secretary of Foreign Affairs
Secretary of National Defense
Secretary of the Interior and Local Government
Secretary of Finance
National Security Adviser

Types of Terrorism
• Domestic/National Terrorism - based and operate entirely within a certain country.
• Transnational Terrorism - terrorist groups who operate across national borders, whose
actions and political aspirations may affect individuals of
more than one nationality.
• International Terrorism - foreign based and is directed against a country by countries
or groups outside that country.

Strategies of Terrorist Organization

• Bombing • Hijacking • Kidnapping • Assassination • Hostage taking • Arson •
Ambush

Famous Terrorist Groups

 Al-Qaeda • translation: "The Base” • is a global militant Sunni Islamist group
founded by Osama bin Laden sometime between August 1988 and late 1989. • It
operates as a network comprising both a multinational, stateless army and a
radical Sunni Muslim movement calling for global Jihad.

 Hezbollah • Hezbollah (Arabic: literally "Party of God")

is a Shi'a Muslim militant group and political party based in Lebanon. • Hezbollah
first emerged in response to the 1982 Israeli invasion of Lebanon, during the
Lebanese civil war.Hezbollah Leader Hassan Nasrallah Founded 1982 – 1985
(officially) • Ideology Shia Islamism Religion Shia Islam • Official colors Yellow,
Green

 Jemaah Islamiah - (Arabic: meaning "Islamic Congregation” frequently

abbreviated JI), • is a Southeast Asian militant Islamic organization dedicated to
the establishment of a Daulah Islamiyah (regional Islamic caliphate) in Southeast
Asia incorporating Indonesia, Malaysia, the southern Philippines, Singapore and
Brunei. • JI was added to the United Nations 1267 Committee's list of terrorist
organizations linked to al-Qaeda or the Taliban on October 25, 2002 under UN
Security Council Resolution 1267.

The JI was formally founded on January 1, 1993, by JI leaders, Abu Bakar Bashir
and Abdullah Sungkar while hiding in Malaysia from the persecution of the Suharto
government. • After the fall of the Suharto regime in 1998, both men returned to
Indonesia where JI gained a terrorist edge when one of its founders, the late
Abdullah Sungkar, established contact with Osama Bin Laden's al-Qaeda network.

 Islamic State of Iraq and the Levant (ISIS) • Status: Rebel group controlling
territory • Largest city: Mosul, Iraq • Government: Caliphate (self-declared) • Caliph
(self-declared): Abu Bakr al-Baghdadi, "Caliph Ibrahim" • Field Commander:Abu
Omar al-Shishani • Formation: 8 April 2013 • Declaration of caliphate:29 June
2014

 Abu Sayyaf Group • ASG, Filipino: Grupong Abu Sayyaf) also known as al-
Harakat al-Islamiyya is one of several military Islamist separatist groups based in
and around the southern Philippines, where for almost 30 years various Muslim
groups have been engaged in an insurgency for an independent province in the
 country. • The name of the group is derived from the Arabic ‫ابو‬, abu ("father of")
and sayyaf ("Swordsmith"). The group calls itself "Al-Harakat Al-Islamiyya" or the
"Islamic Movement".

 Boko Haram ("Western education is forbidden"), • Active: 2002–present • Ideology

: Sunni Islamic fundamentalism • Leaders: Abubakar Shekau ;Mohammed Yusuf †
• Area of operations: Nigeria, Cameroon, Niger and Chad • Strength: Up to 9,000+
• Opponents: Nigeria, Cameroon

 Taliban • Active: 1994–1996 (militia) 1996–2001 (government) 2004–present

(insurgency) • Ideology: Deobandi fundamentalism Pashtunwali • Groups:
Pashtuns • Leaders: Mullah Mohammed Omar • Headquarters: Kandahar (1996-
2001) • Area of operations: Afghanistan and northwest Pakistan • Strength: 45,000
(2001 est.) 60,000 (2014 est.)

 HAMAS • Founder: Sheikh Ahmed Yassin, Abdel Aziz al- Rantissi and Mahmoud
Zahar • Founded: 1987 • Preceded by: Palestinian Muslim Brotherhood •
Headquarters: Gaza, Palestinian territories Doha, Qatar (residence of Hamas
chairman) • Ideology Palestinian self-determination Sunni Islamism, Islamic
fundamentalism, Palestinian nationalism • Religion: Islam

2. Drug Trafficking

A report said the global drug trade generated an estimated US$321.6 billion in 2005. •
With a world GDP of US$36 trillion in the same year, the illegal drug trade may be
estimated as slightly less than 1% of total global commerce. • Consumption of illegal
drugs is widespread globally.

Illicit drug trafficking in the Philippines remains difficult to bring to a halt due to new
modus operandi and the involvement of persons of authority. • Although there are
measures to combat illicit drug syndicates, statistics show that this is still an alarming
predicament in the country. • Since 2010, drug syndicates established small- scale
laboratories and kitchen-type clandestine laboratories to lower the risk of detection of
shabu production.

Creation of the Dangerous Drugs Board (DDB) as the policy and strategy formulating
body with the Philippine Drug Enforcement Agency (PDEA) as its implementing arm.

PDEA was created upon enactment of RA 9165 in 2002

• Signed June 7, 2002
• Published June 19, 2002
• Took effect July 4, 2002
 A law enforcement agency and lead agency on the government’s anti-drug campaign
responsible for efficient and effective law enforcement of all provisions on any
dangerous drug and/or controlled precursor and essential chemicals

3. Money Laundering - A crime whereby the proceeds of specified unlawful activities

are transacted, making them appear to have originated from legitimate sources
(Section 4, AMLA, as amended).
  It is common to refer to money legally obtained as “clean”, and money illegally
obtained as “dirty”.
 Money laundering occurs over a period of three steps: • the first involves the
physical distribution of the cash (“placement”), • the second involves carrying
out complex financial transactions in order to camouflage the illegal source
(“layering”), and • the final step entails acquiring wealth generated from the
transactions of the illicit funds (“integration”).

Unlawful activity’ refers to any act or omission or series or combination thereof

involving or having direct relation to the following: 1. Kidnapping for ransom 2. Drug
Trafficking and other violations of the Comprehensive 3. Graft and Corrupt Practices /
Plunder 3. Robbery and Extortion 4. Jueteng and Masiao 5. Piracy on the high seas/ inland
waters 8. Qualified Theft under Art. 310, RPC 9. Swindling under Art. 315, RPC 10.
Smuggling under RA 455 & 1937 11. Violations of Electronic Commerce Act 12. “Acts of
Terrorism.”
 RA 9160 as amended by RA 9194 - This Act shall be known as the "Anti-Money
Laundering Act of 2001."
 Creation of Anti-Money Laundering Council (AMLC) – The Anti-Money Laundering
Council is hereby created and shall be composed of the Governor of the Bangko
Sentral ng Pilipinas as Chairman, the Commissioner of the Insurance Commission
and the Chairman of the Securities and Exchange Commission as members.

4. Human Trafficking - Human trafficking is generally understood to refer to the process

through which individuals are placed or maintained in an exploitative situation for
economic gain.

Trafficking can occur within a country or may involve movement across borders.
Women, men and children are trafficked for a range of purposes, including forced and
exploitative labor in factories, farms and private households, sexual exploitation, and
forced marriage. Trafficking affects all regions and most countries of the world.

Republic Act No. 9208 Anti-Trafficking in Persons Act of 2003

• Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;
(b) When the adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) 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;
(d) 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;
 (e) When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS

5. Cyber Crimes - also called computer crime, the use of a computer as an instrument
to further illegal ends, such as committing fraud, trafficking in child pornography and
intellectual property, stealing identities, or violating privacy.

Cyber Crime is any crime where

• Computer is a target.
• Computer is a tool of a crime.
• Computer is incidental to a crime.

Types of Cyber Crime

• Hacking • Software Piracy
• Online Gambling • Pornography
• Credit Card Fraud/Skimming • E-Mail Threat/ Extortion
• Phising • Cyberstalking/Harassment
• Cyber Defamation • Cyber Terrorism
• Money Laundering • Online Scam

 The transnational character of computer crimes creates new challenges for the law.
 More than any other international crime, the speed, mobility, flexibility, significance
and value of transactions in and for which cybercrimes are committed profoundly
challenge the existing rules of international criminal law.
 The Philippines passed the Cybercrime Prevention Act - Republic Act No. 10175.

 Causes of transnational crime

 Suitable geostrategic position
 poor governance
 corruption
 poverty
 inequality
 social mobility

2. Investigating organized crimes

 Definition

Organized crime is a group of individuals, either local, national or international, that engage
in criminal enterprises for profit. The rationale behind why they are formed varies because
they may be politically motivated, financially motivated or an organized criminal 'gang.'

 Models of organized crimes

 a. Groups with hierarchial or organizational structure - a group of interdependent actors
in which there is a clear ranking among participants that distinguishes leaders from other
members in the criminal enterprise. This structure has been termed the "bureaucratic,"
"corporate," or "organizational" model of organized crime.

b. Groups based on local cultural or ethnic connections - highlights the importance of

heritage (i.e., racial, ethnic, national, or other cultural ties) as the basis for trust, which is
fundamental to establish working relationships in illegal activities.

These groups are often smaller, operate in neighborhoods, or smaller regions or

territories, and control some portion of the illicit activity there. Studies also found that
some organized criminal groups operate with relatively little direction or supervision in
their day-to-day activities. The difference from the hierarchical model lies in how
relationships within the group are structured, because the types of criminal activities are
similar among groups, as they all exploit illicit markets for products and services.

c. Groups relying on economic business-type relationships - the criminal activity is

driven by the markets and products, rather than by the groups involved.

Although Europe and Asia have historically had their international rings of smugglers,
jewel thieves, and drug traffickers, and Sicily (see Mafia) and Japan (see yakuza) have
centuries-old criminal organizations, organized criminal activities particularly flourished in the
20th century in the United States, where at times organized crime was compared to a cartel
of legitimate business firms.

REFERENCES

1. Fundamentals of Criminal Investigation by Wilfredo R Beralde

2. Fundamentals of Criminal Investigation by Michael Lyman
3. PNP Criminal Investigation Manual Revised 2011
4. Republic Act 7438
5. Republic Act 9372
6. Comparative Police System (Global Responses of Law Enforcement Officers to Crimes) by Dr. Veneranda
Poschor-Depayso, 2017
7. https://www.unodc.org/e4j/en/organized-crime/module-7/key-issues/local-cultural-model.html
8. https://www.unodc.org/e4j/en/organized-crime/module-7/key-issues/models-and-structure.html
9. https://www.britannica.com/topic/organized-crime

MIDTERM

REPUBLIC ACT NO. 9208 (May 26, 2003)

An 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 Purposes

- Also known as the "Anti-Trafficking in Persons Act of 2003".

Section 3. Definition of Terms - As used in this Act:

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or

receipt of persons with or without the victim's consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

Elements- act, means and purpose

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the
means set forth in the preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but
is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation
of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest
and recreation periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of

pornographic materials as a result of being subjected to a threat, deception, coercion, abduction,
force, abuse of authority, debt bondage, fraud or through abuse of a victim's vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably assessed is
not applied toward the liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for primarily
sexual purposes.
(i) Council - shall mean the Inter-Agency Council against Trafficking (IACAT) created under Section
20 of this Act.

Section 4. Acts of Trafficking in Persons - It shall be unlawful for any person, natural or juridical,
to commit any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive 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;

(b) To introduce or match 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;

(c) To offer or contract 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;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said
person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for
the purpose of promoting trafficking in persons;

(b) To 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;

(c) To 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;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition
of clearances and necessary exit documents from government agencies that are mandated to
provide pre-departure registration and services for departing persons for the purpose of promoting
trafficking in persons;

(e) To 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;

(f) To 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

(g) To 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.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) 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;

(c) 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;

(d) 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;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military
or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS).

Section 6. Confidentiality - At any stage of the investigation, prosecution and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked
person and the accused. Towards this end, law enforcement officers, prosecutors and judges to
whom the complaint has been referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or of the accused, or any other information tending to establish their identities and
such circumstances or information shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any
editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in
case of television and radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or information technology to cause publicity of any case of
trafficking in persons.

Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of
any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal
guardian may file a complaint for trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the
offense was committed, or where any of its elements occurred, or where the trafficked person
actually resides at the time of the commission of the offense: Provided, That the court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.

Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the
penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the
penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five
million pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any
responsible officer who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of
the erring agency, corporation, association, religious group, tour or travel agent, club or
establishment, or any place of entertainment shall be cancelled and revoked permanently. The
owner, president, partner or manager thereof shall not be allowed to operate similar establishments
in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be
barred permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registration certificates, counseling certificates, marriage license,
and other similar documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the prescribed procedures and the
requirement as provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government official or employee
shall, upon conviction, be dismissed from the service and be barred permanently to hold public
office. His/her retirement and other benefits shall likewise be forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:

(a) First offense - six (6) months of community service as may be determined by the court and a fine
of Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred
thousand pesos (P100,000.00).

Section 12. Prescriptive Period - Trafficking cases under this Act shall prescribe in ten (10) years:
Provided, however, That trafficking cases committed by a syndicate or in a large scale as defined
under Section 6 shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for any reason not
imputable to the accused.

Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil
action for the recovery of civil damages, he/she shall be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Trafficking in Persons. - In addition to the penalty imposed for the violation of this Act, the court
shall order the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the commission of the crime, unless they are the property of a third person
not liable for the unlawful act; Provided, however, That all awards for damages shall be taken from
the personal and separate properties of the offender; Provided, further, That if such properties are
insufficient, the balance shall be taken from the confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been destroyed, diminished in
value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender,
or it has been concealed, removed, converted or transferred to prevent the same from being found
or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the
value of the proceeds, property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties
forfeited and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be
administered and managed by the Council to be used exclusively for programs that will prevent acts
of trafficking and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society.
Such programs shall include, but not limited to, the following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and establishment of a data collection
system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government
agencies and non-government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the
public, the academe, government, NGOs and international organizations; and

(e) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. - The government shall establish
and implement preventive, protective and rehabilitative programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to implement the following programs;

(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas
for trafficked persons regardless of their manner of entry to the receiving country, and explore
means to further enhance its assistance in eliminating trafficking activities through closer networking
with government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to
reduce the incidence of trafficking through the use of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and
compliance with the rules and guidelines relative to the employment of persons locally and
overseas. It shall likewise monitor, document and report cases of trafficking in persons involving
employers and labor recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.

(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons
in coordination with relevant government agencies. It shall likewise advocate for the inclusion of the
issue of trafficking in persons in both its local and international advocacy for women's issues.

(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers both at
the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign nationals with the guidance and counseling requirement as provided for in this
Act.

(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in
trafficking. It shall closely coordinate with various law enforcement agencies to secure concerted
efforts for effective investigation and apprehension of suspected traffickers. It shall also establish a
system to receive complaints and calls to assist trafficked persons and conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective pre-
employment orientation seminars and pre-departure counseling programs to applicants for overseas
employment. It shall likewise formulate a system of providing free legal assistance to trafficked
persons.

(i) Department of the Interior and Local Government (DILG) - shall institute a systematic information
and prevention campaign and likewise maintain a databank for the effective monitoring,
documentation and prosecution of cases on trafficking in persons.

(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in
their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the
provisions of this Act and ensure effective prosecution of such cases. They shall also undertake an
information campaign against trafficking in persons through the establishment of the Migrants
Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with
DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and
other concerned agencies. They shall encourage and support community based initiatives which
address the trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs,
people's organizations (Pos), civic organizations and other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as such shall not be penalized for crimes directly related
to the acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in
relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set
forth in this Act shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of
Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the
witness protection program provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by
the Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be
entitled to appropriate protection, assistance and services available to trafficked persons under this
Act: Provided, That they shall be permitted continued presence in the Philippines for a length of time
prescribed by the Council as necessary to effect the prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-
Agency Council Against Trafficking, to be composed of the Secretary of the Department of Justice
as Chairperson and the Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each
from among the sectors representing women, overseas Filipino workers (OFWs) and children, with
a proven record of involvement in the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.

The members of the Council may designate their permanent representatives who shall have a rank
not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as
may be determined by the Council in accordance with existing budget and accounting, rules and
regulations.

Section 21. Functions of the Council. - The Council shall have the following powers and
functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in
persons;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this
Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to effectively address the
issues and problems attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign on the existence of
the law and the various issues and problems attendant to trafficking through the LGUs, concerned
agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their attention and
report to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate
the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE,
DSWD, Technical Education and Skills Development Authority (TESDA), Commission on Higher
Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement this
Act;

(j) Complement the shared government information system for migration established under Republic
Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with
data on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing
research and study on the patterns and scheme of trafficking in persons which shall form the basis
for policy formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of
trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to prevent and suppress international
trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of
Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of
trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are
foreign nationals in the Philippines;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.

Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary
Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society, concerned government agencies shall make available
the following services to trafficked persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims' rights and the procedure for
filing complaints, claiming compensation and such other legal remedies available to them, in a
language understood by the trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.

Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas
Filipino in Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject
to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided
for by Republic Act No. 8042 shall also be extended to trafficked persons regardless of their
immigration status in the host country.

(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of
1993, shall be the operational scheme under which Philippine embassies abroad shall provide
protection to trafficked persons insofar as the promotion of their welfare, dignity and fundamental
rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other
appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons,
regardless of whether they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the
DFA shall make representation with the host government for the extension of appropriate residency
permits and protection, as may be legally permissible in the host country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the
Philippines and to Congress an annual report of the policies, programs and activities relative to the
implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned shall immediately
include in their programs and issue such rules and regulations to implement the provisions of this
Act, the funding of which shall be included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary
implementing rules and regulations within sixty (60) days from the effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right
to Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of
association, religion and the right to travel for purposes not contrary to law as guaranteed by the
Constitution.

Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision of
Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.

Elements of Trafficking-in-Person

Table 20.1 Elements of Trafficking-in-Persons

Act* Means Exploitative Purpose#
Recruitment Threat Prostitution of others
Obtaining Use of force Other forms of sexual exploitation
Hiring Coercion Forced labor or services
Providing Abduction Slavery or practices similar to slavery
Offering Fraud Involuntary Servitude
Transportation Deception Removal of organs
Transfer Abuse of power
Maintaining Abuse of position
Harboring Taking advantage of the
vulnerability of the Person
Receipt of Giving or receiving
persons payment or benefits
* With or without the victim’s consent or knowledge, within or across national border
# Need not to be consummated

IMPORTANT:
 1.Each of the above elements must be present and linked to each other: the act/s must be
achieved by one of the means and both must be linked to achieving the exploitative
purpose. (See Figure 1)
ACTS MEANS EXPLOITATIVE TRAFFICKING
+ + =
PURPOSE

Figure 1: Elements of Trafficking

2.If any one of the three components is absent, it can still be a criminal violation that may be
prosecuted under the Revised Penal Code and other special penal laws.
3.The acts, means and exploitative purposes of TIP listed in Table 1 is not an exclusive
enumeration.

4.The element of exploitative purpose, however, need not be consummated. What is

important is that the person was trafficked to be exploited.

TRAFFICKING IN PERSONS VS. ILLEGAL RECRUITMENT

Table 20.2 Differences of TIP and Illegal Recruitment

TIP ILLEGAL RECRUITMENT
Punishable under RA 9208 as Punishable under the Labor Code of the
amended by RA 10364 Philippines (P.D. 442) and under the Migrant
Workers and Overseas Filipinos Act of 1995
(R.A. 8042, as amended)
3 elements to prove TIP 2 elements to prove illegal
recruitment
In adult victim: Acts + Means + Exploitative
Purpose Recruitment activity + non-licensee / non-
holder of authority
In child victim: Acts + Exploitative Purpose
*Activities enumerated in Article 34 of the
Labor Code as amended
Consent is immaterial Consent is immaterial
Regardless if recruitment is legal or illegal Form part of the acts enumerated under TIP

Whether victim’s destination is local or abroad Whether victim’s destination is local

or abroad
Profit is immaterial Profit is immaterial
Any act of recruitment, obtaining, hiring,, Any act of canvassing, enlisting, contracting,
providing, offering, transportation, transfer, transporting, utilizing, hiring, procuring
maintaining, harboring, or receipt of persons workers, including referrals, contact services,
with or without the victim’s consent or promising or advertising for employment
knowledge, within or across national borders, locally or abroad, whether for profit or not,
by means of threat or use of force, or other provided, that any person or entity, which in
forms of coercion, abduction, fraud, any manner, promises for a fee employment to
deception, abuse of power or of position, two or more persons shall be deemed
 taking advantage of the vulnerability of the engaged in recruitment and placement.
person, or the giving or receiving of
payments or benefits to achieve the consent
of a person having control over another
person for the purpose of exploitation which
includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

NOTE: RA 9208 was amended by RA 0364 includes the provisions and the penalties of the
attempted trafficking in persons, accomplice liability, accessory liability, acts that promote trafficking
in persons, qualified trafficking in persons, confidentiality, and the use of trafficked person.

REFERENCES:

1. Fundamentals of Criminal Investigation by Wilfredo R Beralde

2. Fundamentals of Criminal Investigation by Michael Lyman
3. PNP Criminal Investigation Manual Revised 2011
4. Republic Act 7438

1. INTERVIEW

Interview is the questioning of a person who is believed to possess knowledge, that is of

official interest to the investigator. It is important because in most cases, interview is the only source
of information and a greater part of investigation is devoted to it

a. Stages of Interview
 Preparation
The investigator should review the facts at the crime scene and information from other
sources in order that he would be ready for the questioning. A background data of the
subject should be available so that he could adapt himself to the kind of approach to
be employed.

 Approach
The investigator must carefully select his kind of approach, which maybe a single kind,
a combination of two or the application of all techniques.

 Warming Up
This is done by preliminary or exploratory questions to clear the atmosphere, promote
a conducive ground for cordiality, respect and trust for each other.

 Cognitive Interview/Questioning
The subject now is asked to narrate his account without interruption, intervention or
interference. It is only after the completion of the uninterrupted narration that the
investigator begins his direct and cross-examinations.

a. Rules in Questioning A Person

  One Question at a Time – Multiple, complex and legalistic questions should be
avoided. One question at a time is desired.

 Avoid Implied Answers – The nod of the head or any other body language as a
response to the questions should be avoided. The answers must be oral, clear,
explicit and responsive to the questions.

 Simplicity of Questions – A short simple question at a time is required. If the answer

needs qualification, then, it should be allowed. Avoid legalistic questions such as: who
is the murderer; or who are in conspiracy with the subject.

 Saving Faces – Embarrassing questions on the subject on matters of exaggeration or

honest errors about time, distance and description can be avoided if the investigator
will cooperate with the subject “to save his face”. The investigator should not fault or
ridicule the subject on these matters.

 Yes and No Answers – Do not ask questions which could be answered by yes or no
only. It will curtail the complete flow of information and will lead to inaccuracy.

b. Types and Attitudes of Subjects in Interview

 Know-Nothing Type – These are the reluctant type of witnesses.

 Disinterested Type – This is the uncooperative and indifferent subject.
 The Drunken Type – The style of questioning by the investigator should be adapted
to the psychology of the subject. When the drunken subject has sobered, another
interview will be conducted, confronting him about his disclosures while in the state of
drunkenness. The written statement must be taken during his sobriety.
 Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant
or new matters to their narration.
 Honest Witnesses – These are the truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling them.
 Deceitful Witness – These are the liar type of witnesses.
 Timid Witnesses – They are the shy witnesses. The approach must be friendly and
reassuring confidentiality of their information. They should be hidden from the
devouring press by interviews or photo sessions.
 Refusal to Talk Witnesses – These are the most difficult subjects to deal with. Find
out the reasons of their personality. The cause maybe trauma, shock, fear, hatred,
and others. Remove these fetters of silence and they will start talking.

c. Qualifications of an Interviewer

 The investigator must establish good rapport or relationship with the subject in order to win
the confidence of the latter.
 The interviewer must possess forceful personality
 There must be common interest developed between the interviewer and the subject to
insure that both will continuously communicate with each other.
  The investigator as an interviewer, must have the qualities of a good salesman, actor, and
psychologist. He must possess insight intelligence and persuasiveness.

2. INTERROGATION
-It is the questioning of a person suspected of having committed an offense or of a
person who is reluctant to make full disclosure of information in his possession.

a. Difference Between Interview and Interrogation

The term INTERVIEW may be used to mean the simple questioning of a person who is
cooperating with the investigator, while INTERROGATION may be used to describe the
vigorous questioning of one who is hesitant to disclose an information.

b. Purposes of Interrogation

 To obtain information concerning the innocence or guilt of a suspect.

 To obtain a confession from guilty subject.
 To induce the subject to make admission
 To learn the facts and circumstances surrounding the crime.
 To learn the existence and location of physical evidence.
 To learn the identity of accomplices.
 To develop additional leads for the investigation
 To develop information which will lead to the fruits of the crime.
 To discover the details of any other crime which the suspect participated

c. Types of Interrogation

 Narrative Type - The interrogator gets the subject story narrated. This type is good for those
subjects who are willing to talk.

 Question and Answer Type- If the subject is talking, the investigator must wait until the
completion of the narration and then ask questions.

d. The Techniques of Interrogation

 Emotional Appeal – This is a technique where the investigator, combining his skills of an
actor and a psychologist, addresses the suspect with an emotional appeal to confess.
Devotees of a religion may belong to this type.

 Sympathetic Approach – The investigator, in his preliminary or probing questions must dig
deep into the past troubles, plight and unfortunate events in the life of the suspect. An offer
of help, kindness, friendliness, may win his cooperation.

 Friendliness – A friendly approach coupled with a posture of sincerity may induce the
suspect to confess.

Forms or Friendliness:
1. The Helpful Advisor
2. The Sympathetic Brother
  Tricks and Bluff Techniques

 The Pretense of Solid Evidence against the Accused

 The Weakest Link
 Drama
 Feigning Contact with Family Members
 The Line Up Method (Accused is lined-up among suspects)
 Reverse Line Up (Accused is alone and coached witnesses and victims are piled to make
accusations against the accused)

 Stern Approach – The investigator displays a stern (demands immediate response)

personality towards the suspect by using the following methods:

 Jolting – In the questioning process, the investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage. The suspect’s nerves will break to a
confession.

 Opportunity to Lie – The suspect is given all the opportunities to lie. The suspect is
questioned about his personal life, family, friends and his knowledge about the
complainant and witnesses. Then the suspect is questioned about his activity prior,
during and after the commission of the crime.

 The Mutt and Jeff or Sweet and Sour Method

– The first set of investigators must appear to be rough, mean and dangerous. When they
had finished the interrogation, the second investigator intervenes by stopping the first set of
investigators. By being sympathetic and understanding, he begins his interrogation. If the suspect
still refuses to cooperate, then the process is repeated until there is a confession.

 Removing the Ethnic or Cultural Barrier

– If the suspect is an Ifugao, an Ifugao investigator and the same should interrogate him, the
same with other ethnic or cultural groups. It is the Filipino’s way of life that we put our trust and
confidence to those who belong to our clan or tribe. The interrogation must be in the language or
dialect of the suspect so that we could get his full confidence. This is removing the language
barrier.

 Searching for The Soft Spot

– In every man’s heart, there is always that softest spot. The heart may have been hardened
to steal by poverty, destitution, hopelessness, despair, apathy, indifference, injustice, hatred or
other factors, yet there is always that spot which could be discovered by the investigator thru his
knowledge of human behavior. That spots maybe the youngest child, the wife, the mother, and the
brother who acted as his father, the grandparents or the best friend.

d. Additional Modern Techniques of Interrogation

 Rationalization – It is the use of reasons, which is acceptable to the subject that led to the
commission of the crime. Thus, it may be said that sometimes, killing is a necessity rather
than by purpose or design. Robbery may be a necessity to feed a starving family.
  Projection – It is the process of putting the blame to other persons, not alone to the suspect.
The murderer may blame the mastermind for corrupting him with big sums of money, or the
mastermind blaming the greediness of the victim or the husband blaming the wife for her
infidelity.

 Minimization – It is the act of minimizing the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the offense and the penalty. Thus, the
investigator could study it if there is a way to downgrade murder to homicide or the
introduction of mitigating circumstances with the result of the penalty being within the range
of probation.

f. Physiological Symptoms of Guilt (Non-verbal Clues)

 Sweating
 Color Change
 Dry Mouth
 Pulse
 Breathing

g. Evaluation of the Interview

 Physical Mannerism (Non-verbal Clues)
 Frankness (Consistency)
 Emotional Stage- the emotional reaction to questions.
 Content of Statement- information given by witness can be compared with the statements
given by the other witnesses and with known facts.

h. Considerations when Questioning

 Phrasing – Questions must be clear, concise in order to be easily to be easily understood.
 Structuring – Questions must be planned and relevant to the subject matter
 Distribution of questions – must be asked not only to those who can understand but likewise
to other witnesses within their own limits and involvement

i. Characteristics of A Good Question

 Questions must be concisely worded
 Questions must be easy to understand
 Extensive use of 5Ws and 1H
 Questions must be more than one word
 Questions must be prepared in advance

NOTE: The next three topics will be fully discussed in your Criminalistics.

3. BALLISTICS
-the science of the propulsion, flight, and impact of projectiles

Four Branches
a. Interior ballistics is the branch of the science that deals with the projectile while it is still in the
gun.

b. Transitional ballistics is the branch of the science that deals with the motion of the projectile
from the time it leaves the muzzle until the only forces acting upon it are due to exterior ballistics.

c. Exterior ballistics is the branch of the science that deals with the projectile after it clears the
muzzle and throughout its time of flight.

d. Terminal ballistics is that branch of the science that deals with the impact, and force imparted
on the target.

4. PERSONAL IDENTIFICATION

Means of Personal Identification

 Tattoo
 Scar
 Photograph
 Fingerprint
 DNA

Law of Multiplicity of Evidence -

The greater number of similarities or dissimilarities; the greater is the probability for the
conclusion to be correct.

Alphonse Bertillion - Father of Personal Identification. The first to devise a scientific method
of identification called Anthropometry. He is also known to be the father of
“mug shot” photography.

Anthropometry - is the first scientific method of personal identification which isdone by

measuring the various bony structure of the human body.

Basic Principles of Fingerprint

 Principle of Individuality - No two persons have the same fingerprint

 Principle of Constancy or Permanency - That the friction ridge once fully developed
its arrangement will remain the same throughout man’s life.

Ridge Formation
(Ridges starts to form in the fingers and thumb during the 3 rd to 4th months of the fetus
life.)

Dermal Papillae - are irregular pegs composed of delicate connective tissue protruding
and forming the ridges of the skin on the fingers, palms, toes and soles of the feet.

 Principle of Infallibility - That fingerprint is a positive and reliable means of

identification. It cannot be forged easily.
 John Dellinger - known U.S. public enemy number one who attempt to destroy his own prints
using corrosive acids.

Robert James Pitts - works on Surgery to forge his own fingerprints and was named “Man
without fingerprint”

Fingerprints - is an impression design by the first joint of the fingers and thumb on smooth surface
through the media of ink, sweat or any substance capable of producing visibility.

The Fingerprint Patterns

1. The Arch (5%) (Pattern without ridge count) a. Plain Arch (A) – is a pattern in which the

ridges flow from one side to the other side with a slight raise at the center.
b. Tented Arch (T) - is a type of pattern having either an angle, up trust or an incomplete loop
form.

2. The Loop (60%)  - the pattern in which one or more of the ridges enter on either side of the
impression, recurve, touch or pass upon an imaginary line drawn from the delta to
the core and terminate or tend to terminate in or toward the same side of the
impression from where such ridge or ridges enter.

Elements of loop

1. A core 3. A sufficient Recurve

2. A delta 4. At least one Ridge count

a. Radial Loop - is a type of loop pattern in which the slanting or looping ridge flows towards
the thumb finger.
b. Ulnar Loop - is a type of loop pattern in which the slanting or looping ridge flows towards
the little finger.

Ridge Counting- the process of counting the ridges intervening between the delta and the
core. Neither the delta nor the core is counted when an imaginary line is drawn
connecting them.

3. The Whorl (35%)

Basic Elements of Whorl

1. Two or more Deltas

2. At least one complete circuiting ridge

a. Plain Whorl - At least one circuiting ridge is touched or crossed by the imaginary line
traversing between the two deltas.
b. Central Pocket Loop Whorl - No circuiting ridge within the pattern area is touched or
crosses by an imaginary line drawn between the two deltas.
c. Double Loop Whorl - consist of two separate and distinct loop formations, with two
sets of shoulders and two deltas. One of the loops surrounds or overlaps the other
and called composite pattern, like the central pocket loop whorl.
 d. Accidental Whorl - it is a pattern consisting of a combination of two or more different
types of pattern except plain arch with two or more deltas.

5. Forensic Photography
Photography- Is the art or science which deals with the reproduction of image through the action of
light on sensitized material.

Importance of photography

 For the preservation of the crime scene

 For further reference in the court room
 To refresh the memory of the victim or the witness
 Court reference
 For reconstruction of the crime scene

Principal types of cameras

1. Box camera - Simplest type of camera

2. Folding camera - Most important feature is its compactness
3. Miniature camera - Usually applies to 35mm camera
4. Sub miniature camera - 9.5mm film
5. Reflex camera
a. Twin lens - two lenses; one for focusing the image and one for accurate reflecting
b. Single lens - single lens with the mirror to reflect the image.

6. Polaroid land cameras - Automatically develops the image to a photo paper

7. Kodak instamatic camera - Settings is automatically made by the light meter. The film is
automatically reloaded
8. Stereo camera - Used in taking three dimensional photographs. Produces two negatives in one
exposure
9. Press camera - The back and lens panel of some cameras are mounted in such a way that they
can move up and down and to control the perspective and focus.
10. View camera - Usually used in commercial photography
11. Motion picture camera - Designed to take series of pictures of moving objects
12. 8mm and 16mm cameras - Uses 8mm and 16mm films
13. Special cameras - Used for medical purposes and scientific explorations
14. Aerial cameras - Used in aerial photography

Essentials of Photography
1. Light - is an electromagnetic energy that travels in a form of a wave with the speed of 186, 000
miles per second.
2. Camera - a light tight box designed to block unwanted or unnecessary light from reaching the
sensitized material.
3. Lens - is the light gathering mechanism of the camera that collect the reflected light coming from
the object to form the image.
4. Sensitized material - composed of a highly sensitized chemical compound which is capable of
being transformed into an image through the action of light and with some chemical processes.
( Film and Photo Paper).
5. Chemical Process - is the process necessary for reducing silver halides into a form so as a latent
image and a positive image be made resulting to what we called Photograph.
REFERENCES

10. Fundamentals of Criminal Investigation by Wilfredo R Beralde

11. Fundamentals of Criminal Investigation by Michael Lyman
12. https://fas.org/man/dod-101/navy/docs/swos/gunno/INFO6.html
13. https://www.facebook.com/790887054295029/posts/personal-identificationfingerprint-is-an-impression-left-by-
the-friction-ridge-o/828365737213827/
14. https://www.academia.edu/9397374/Introduction_to_Forensic_Photography

FINALS

Statutes and Orders Related to Organized Crime and Terrorism in the Philippines

1. Republic Act No. 10168 – An Act Defining the Crime of Financing of Terrorism,
Providing Penalties therefore and for other Purposes

 Also known as the Terrorism Financing Prevention and Suppression Act of 2012.
 Financing of Terrorism. – Any person who, directly or indirectly, willfully and without
lawful excuse, possesses, provides, collects or uses property or funds or makes
available property, funds or financial service or other related services, by any means,
with the unlawful and willful intention that they should be used or with the knowledge
that they are to be used, in full or in part: (a) to carry out or facilitate the commission of
any terrorist act; (b) by a terrorist organization, association or group; or (c) by an
individual terrorist, shall be guilty of the crime of financing of terrorism and shall suffer
the penalty of reclusion temporal in its maximum period to reclusion perpetua and a
fine of not less than Five hundred thousand pesos (Php500,000.00) nor more than
One million pesos (Php1,000,000.00).

Any person who organizes or directs others to commit financing of terrorism under the
immediately preceding paragraph shall likewise be guilty of an offense and shall suffer
the same penalty as herein prescribed.

For purposes of this Act, knowledge or intent may be established by direct evidence or
inferred from the attendant circumstances.

For an act to constitute a crime under this Act, it shall not be necessary that the funds

were actually used to carry out a crime referred to in Section 3(j)

2. Republic Act No. 9372 – An Act to Secure the State and protect our People from
Terrorism

 Terrorism - Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
 d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
 f. Article 324 (Crimes Involving Destruction), or under

1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty
(40) years of imprisonment, without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law, as amended.

 Surveillance of Suspects and Interception and Recording of Communications. -The

provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the members of his team
may, upon a written order of the Court of Appeals, listen to, intercept and record, with
the use of any mode, form, kind or type of electronic or other surveillance equipment
or intercepting and tracking devices, or with the use of any other suitable ways and
means for that purpose, any communication, message, conversation, discussion, or
spoken or written words between members of a judicially declared and outlawed
terrorist organization, association, or group of persons or of any person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism.

 Provided, That surveillance, interception and recording of communications between

lawyers and clients, doctors and patients, journalists and their sources and
confidential business correspondence shall not be authorized.

 Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is
accused of terrorism shall be entitled to the payment of damages in the amount of
Five hundred thousand pesos (P500,000.00) for every day that he or she has been
detained or deprived of liberty or arrested without a warrant as a result of such an
accusation. The amount of damages shall be automatically charged against the
appropriations of the police agency or the Anti-Terrorism Council that brought or
sanctioned the filing of the charges against the accused. It shall also be released
within fifteen (15) days from the date of the acquittal of the accused. The award of
damages mentioned above shall be without prejudice to the right of the acquitted
accused to file criminal or administrative charges against those responsible for
charging him with the case of terrorism.
 Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for
brevity, as the "Council," is hereby created. The members of the Council are: (1) the
Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who
shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the
Secretary of National Defense; (5) the Secretary of the Interior and Local Government;
(6) the Secretary of Finance; and (7) the National Security Advisor, as its other
members.

 The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall
keep records of its proceedings and decisions. All records of the Council shall be
subject to such security classifications as the Council may, in its judgment and
discretion, decide to adopt to safeguard the safety of the people, the security of the
Republic, and the welfare of the nation.

 The National Intelligence Coordinating Agency shall be the Secretariat of the Council.
The Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of
Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence
Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council,
the Philippine Center on Transnational Crime, and the Philippine National Police
intelligence and investigative elements shall serve as support agencies for the
Council.

 The Council shall formulate and adopt comprehensive, adequate, efficient, and
effective anti-terrorism plans, programs, and counter-measures to suppress and
eradicate terrorism in the country and to protect the people from acts of terrorism.
Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise
any judicial or quasi-judicial power or authority.

 Functions of the Council. - In pursuit of its mandate in the previous Section, the
Council shall have the following functions with due regard for the rights of the people
as mandated by the Constitution and pertinent laws:

 1. Formulate and adopt plans, programs and counter-measures against terrorists and
acts of terrorism in the country;

 2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the
country and mobilize the entire nation against terrorism prescribed in this Act;

 3. Direct the speedy investigation and prosecution of all persons accused or detained
for the crime of terrorism or conspiracy to commit terrorism and other offenses
punishable under this Act, and monitor the progress of their cases;

 4. Establish and maintain comprehensive data-base information system on terrorism,

terrorist activities, and counter-terrorism operations;

 5. Freeze the funds property, bank deposits, placements, trust accounts, assets and
records belonging to a person suspected of or charged with the crime of terrorism or
 conspiracy to commit terrorism, pursuant to Republic Act No. 9160, otherwise known
as the Anti-Money Laundering Act of 2001, as amended;

 6. Grant monetary rewards and other incentives to informers who give vital information
leading to the apprehension, arrest, detention, prosecution, and conviction of person
or persons who are liable for the crime of terrorism or conspiracy to commit terrorism;

 7. Establish and maintain coordination with and the cooperation and assistance of
other nations in the struggle against international terrorism; and

 8. Request the Supreme Court to designate specific divisions of the Court of Appeals
and Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case
may be, to handle all cases involving the crime of terrorism or conspiracy to commit
terrorism and all matters incident to said crimes. The Secretary of Justice shall assign
a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional
Trial Court in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c)
from Mindanao to handle cases filed in Cagayan de Oro City.

3. RA 11479 – An Act to Prevent, Prohibit and Penalize Terrorism, Thereby Repealing

Republic Act No. 9372, Otherwise known as the Human Security Act 0f 2007.

 The Act defines terrorism as:

 Engaging in acts intended to cause death or serious bodily injury to any person
or endangers a person's life;
 Engaging in acts intended to cause extensive damage or destruction to a
government or public facility, public place, or private property;
 Engaging in acts intended to cause extensive interference with, damage, or
destruction to critical infrastructure;
 Developing, manufacturing, possessing, acquiring, transporting, supplying, or
using weapons; and
 Releasing dangerous substances or causing fire, floods or explosions when the
purpose is to intimidate the general public, create an atmosphere to spread a
message of fear, provoke or influence by intimidation the government or any
international organization, seriously destabilize or destroy the fundamental
political, economic, or social structures in the country, or create a public
emergency or seriously undermine public safety

 clarifies that advocacy, protest, dissent, stoppage of work, industrial or mass action,
and other similar exercises of civil and political rights not intended to cause death or
serious physical harm to a person or to create a serious risk to public safety are not
considered terror acts.

 Under RA 11479, acts intended to cause death or serious injury to any person,
extensive damage to a government facility, and extensive interference with destruction
to critical infrastructure are likewise considered as terror acts.

 The law also states that individuals who either use weapons, explosives, and chemical
weapons or release dangerous substances causing fire, floods, or explosions are
considered terrorists.
  Any person who threatens to commit any of the terror acts mentioned in the law will
suffer the penalty of 12-year imprisonment.

 “It shall be unlawful for any person to participate in the planning, training, preparation,
and facilitation in the commission of terrorism, possessing objects connected with the
preparation for the commission of terrorism, or collecting or making documents
connected with the preparation of terrorism,” according to the law.

 RA 11479 notes that people who are part of the planning and training for the
commission of terrorism will face life imprisonment without the benefit of parole and
the benefits provided under RA 10592.

REFERENCES:

1. Fundamentals of Criminal Investigation by Wilfredo R Beralde

2. Fundamentals of Criminal Investigation by Michael Lyman
3. PNP Criminal Investigation Manual Revised 2011
4. Republic Act 7438

Violent Extremism

Violent extremism is a form of extremism that condones and enacts violence with ideological or
deliberate intent, such as religious or political violence. Violent extremist views can manifest in
connection with a range of issues, including politics, religion and gender relations. Though
"radicalization" is a contested term, (by whom?) its general use has come to regard the process
by which an individual or group adopts violence as a desirable and legitimate means of action.
Extremist thought that does not condone the exercise of violence may be accepted within society,
and be promoted by groups working within the boundaries of legally permitted activity. The term
"violent extremism" may also occur as a code name for Islamic terrorism.

Causes

There is no single profile or pathway for radicalization, or even speed at which it happens. Nor does
the level of education seem to be a reliable predictor of vulnerability to radicalization. It is however
established that there are socio-economic, psychological, and institutional factors that lead to violent
extremism. Specialists group these factors into three main categories: push factors, pull factors,
and contextual factors.

“Push Factors” drive individuals to violent extremism, such as: marginalization, inequality,
discrimination, persecution or the perception thereof; limited access to quality and relevant
education; the denial of rights and civil liberties; and other environmental, historical and socio-
economic grievances.

“Pull Factors” nurture the appeal of violent extremism, for example: the existence of well-
organized violent extremist groups with compelling discourses and effective programs that are
providing services, revenue and/or employment in exchange for membership. Groups can also lure
new members by providing outlets for grievances and promise of adventure and freedom.
Furthermore, these groups appear to offer spiritual comfort, “a place to belong” and a supportive
social network.
Contextual factors that provide a favorable terrain to the emergence of violent extremist groups,
such as: fragile states, the lack of rule of law, corruption and criminality.

The following behaviors in combination have been identified as signs of potential radicalization:

 Sudden break with the family and long-standing friendships.

 Sudden drop-out of school and conflicts with the school.
 Change in behavior relating to food, clothing, language or finances.
 Changes in attitudes and behavior towards others: antisocial comments, rejection of
authority, refusal to interact socially, signs of withdrawal and isolation.
 Regular viewing of internet sites and participation in social media networks that condone
radical or extremist views.
 Reference to apocalyptic and conspiracy theories.

A globalized threat thriving in fragile and conflict-affected states (History)

Although violent extremism is a global challenge and concern, and more than forty countries have
experienced at least one terrorist attack, it is a fact that violent extremism thrives particularly where
state authority is weak. In the ‘epicenters’ of violent extremism, thirty-four groups are now affiliated
with Daesh, accounting for thirty-eight thousand fighters from 120 countries (including 32,000
fighters in Iraq and Syria). While Daesh is still the world’s deadliest terror group in terms of both
civilian and military casualties, in 2014 Boko Haram actually murdered more civilians (6,500), in
Nigeria, Chad, and Cameroon.

Violent extremist groups especially prey on – and challenge the legitimacy of - failing or collapsed
states by offering competing ‘services’ spanning security, justice, social welfare and
employment, and intangible but crucial elements of recognition, identity, and community. Out of
twenty-three countries in conflict, 17 are also experiencing violent extremism; and eighty-eight per
cent of all terrorist attacks have occurred in countries involved in violent conflict. There thus seems
to be a strong link between conflict and fragility on the one hand and the growth of violent
extremism. With 59 countries at risk of instability in 2016, the breeding ground for violent extremism
is accordingly expanding. Geopolitical action, or inaction, pushing countries
into fragility or collapse is therefore of particular concern.

The many foreign fighters in Daesh and Boko Haram demonstrate the ease with which transnational
(if not global) groups can translate local grievances into violent extremism. In the past, local
grievances might have given rise to armed groups which, - if they resonated with the local
population’s needs and objectives, would slowly grow in strength until ultimately challenging ruling
elites.

Peace agreements could be brokered, and the root causes of conflicts addressed. Conflict and
peace-building dynamics have changed as, in general, violent extremist groups do not seek
peaceful settlements accommodating their demands. Their claims are fundamentally non-
negotiable, uncompromising, and they apply an ‘all or nothing’ logic. In many parts of the world,
local grievances are used to recruit for violent extremist groups or to encourage individuals to carry
out violent attacks independently. These networks or groups offer a sense of belonging and serve
as a valve for turning personal perception of marginalization, disenfranchisement, trauma, crime
and ineptitude into collective, destructive action.
Violent extremism recognizes no borders, no cultures, no religions, or ethnic groups. It is a
phenomenon that affects us all, and it can only be tackled by us all. No country is immune.

Approaches to prevent violent extremism (UNDP)

UNDP is tackling these root causes by promoting tolerance and respect for diversity, political and
economic empowerment, and reduction of inequalities through a broad range of approaches,
initiatives and activities. Its analysis, presented in its approach paper, argues that these must
include:

1. Promoting a rule of law and human rights-based approach to PVE

2. Enhancing the fight against corruption;
3. Enhancing participatory decision-making and increasing civic space at national and local
levels;
4. Providing effective socio-economic alternatives to violence for groups at risk;
5. Strengthening the capacity of local governments for service delivery and security;
6. Supporting credible internal intermediaries to promote dialogue with alienated groups and re-
integration of former extremists;
7. Promoting gender equality and women’s empowerment;
8. Engaging youth in building social cohesion;
9. Working with faith-based organizations and religious leaders to counter the abuse of religion
by violent extremists;
10. Working with the media to promote human rights and tolerance;
11. Promoting respect for human rights, diversity and a culture of global citizenship in schools
and universities.

REFERENCES

1. https://en.wikipedia.org/wiki/Violent_extremism
2. Preventing Violent Extremism through Promoting Inclusive Development, Tolerance and Respect For Diversity
(UNDP)