 Ten Commandments[edit]

 In November 2007 Sicilian police reported discovery of a list of "Ten Commandments" in the
hideout of mafia boss Salvatore Lo Piccolo, thought to be guidelines on good, respectful and
honourable conduct for a mafioso.[126]
1. No one can present himself directly to another of our friends. There must be a third person to
do it.
2. Never look at the wives of friends.
3. Never be seen with cops.
4. Don't go to pubs and clubs.
5. Always being available for Cosa Nostra is a duty - even if your wife is about to give birth.
6. Appointments must absolutely be respected. (probably refers to formal rank and authority.[127])
7. Wives must be treated with respect.
8. When asked for any information, the answer must be the truth.
9. Money cannot be appropriated if it belongs to others or to other families.
10. People who can't be part of Cosa Nostra: anyone who has a close relative in the police,
anyone with a two-timing relative in the family, anyone who behaves badly and doesn't hold to
moral values.
 Transnational crimes are crimes that have actual or
potential effect across national borders and crimes which
are intra-State but which offend fundamental values of the
international community.
 The word "transnational" describes crimes that are not only
international (that is, crimes that cross borders between
countries), but crimes that by their nature involve border
crossings as an essential part of the criminal activity.
Transnational crimes also include crimes that take place in
one country, but their consequences significantly affect
another country.
 How the organized Crime Group works?
 1. an enforcer – one who make arrangements for killing and injuring
physically, economically, psychologically, the members or non-members.
 2. a corrupter – one who bribes, buys, intimidates, threatens, negotiates and
sweet talks into a relationship with the police, public officials or any else who
might help the members security and maintain immunity from arrest,
prosecution and punishment.
 3. a corruptee- a public official usually not a member of the organization
family, who can wield influence on behalf of the organization’s interest.
 Characteristics of an organized crimes
 1. it is a conspiracy activity involvingcoordination of members.
 2. economic gainl is the primary goal.
 3. economic gain is achieved through illegal means.
 4. Employs predatory tactics such as intimidation, violence and corruption.
 5.Effective control over members, associates, and victims.
 6. Organized crimes does not include terrorist dedicated to political
change.
 GENERIC TYPES OF ORGANIZED CRIMES
 1. Political Graft – manned by political criminals, who used force and
violence as a mean to obtain profit or gain, and or achieving political aims
or ambitions.
 2. The Mercenary/ Predatory Organized Crime – crimes committed by
groups for direct personal profit but prey upon unwilling victims. Example:
extortionist
 3. in – Group Organized Crime – groups manned by semi – organized
individual whose major goals are for psychological gratification such as
adolescent gangs.
 4. Syndicated Crime – the organization that participates in illicit
activity in society by the use of force, threat, or intimidation. The
group with a formal structure-whose purpose is to provide illicit
services which are strong public demand through the use of
secrecy o the part of the associates.
 ESSENTIAL COMPOSITION OF ORGANIZED CRIME
 - needs to have professional criminals to successfully operate in
the organization.
 Professional Crimes – refer to occupations or their incumbents,
which possesses various traits including useful knowledge that
requires lengthy training, service orientation and code of ethics
that permits occupations to attempt to obtain autonomy and
independence with high prestige and remuneration
 CHARACTERISTICS OF ORGANIZED CRIME ( SUTHERLAND)
 1. crime is a sole means
 2. Careful planning, and reliance upon technical skills and
methods.
 3. Offenders are of migratory life style
 4. The groups have shared sense of belongingness, rules, codes
of behavior, and mutual specialized language.
 Controlling organized crime
 1. law enforcement effort
 2. organization of an Anti-Organized Crime measures
 3. Community Awareness and Cooperation
 Philippine response
 EXECUTIVE ORDER NO. 62, S. 1999
 CREATING THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME TO
FORMULATE AND IMPLEMENT A CONCERTED PROGRAM OF ACTION OF ALL
LAW ENFORCEMENT, INTELLIGENCE AND OTHER AGENCIES FOR THE
PREVENTION AND CONTROL OF TRANSNATIONAL CRIME
 SECTION 1. ORGANIZATION. The Philippine Center on Transnational Crime
(PCTC) is hereby created under the Office of the President to formulate and
implement a concerted program of action of all law enforcement,
intelligence and other government agencies for the prevention and control
of transnational crime. It shall be placed under the general supervision and
control of the National Police Commission.
 - 15th day of JANUARY, 1999
 SECTION 2. COMPOSITION AND LEADERSHIP. The Center
shall be headed by the Executive Director to be
appointed by the President and shall have the following
Directorates:
 Directorate for Operations;
 2. Directorate for Plans and Programs;
 3. Directorate for Research;
 4. Directorate for Technology Management;
 5. Directorate for Administration and Finance; and
 6. Other Directorates that may be created as the
situation demands.
 SECTION 4. OFFENSES COVERED. The PCTC shall have the
authority to take cognizance of the following transnational
crimes:
 a. illicit trafficking of narcotic drugs and psychotropic
substances;
 b. money laundering;
 c. terrorism;
 d. arms smuggling;
 e. trafficking in persons;
 f. piracy; and
 g. other crimes that have an impact on the stability and security
of the country
 EXECUTIVE ORDER NO. 100
 STRENGTHENING THE OPERATIONAL, ADMINISTRATIVE AND
INFORMATION SUPPORT SYSTEM OF THE PHILIPPINE CENTER ON
TRANSNATIONAL CRIME
 Section 1. The following agencies/offices/instrumentalities are
hereby placed under the general supervision and control of
the PCTC:

a. Loop Center of the NACAHT;

b. INTERPOL NCB-Manila;
c. Police Attaches of the PNP; and
d. Political Attaches/Counsellor for Security Matters of the DILG.
 Section 2. The participation of government personnel in
international training activities, seminars and conferences
pertaining to or having to do with transnational crime shall have
the proper endorsement by the PCTC.
 07th day of May, 1999
 White collar crime – are crimes committed by a person of high responsibility
and of upper socio-economic class in the course of their occupational
activities.
 Forms of White Collar Crimes
 1. corporate crimes – the violation of a criminal satute either by a corporate
entity or by its executives, employees or agents, acting on behalf of and for
the benefit of the corporation, partnership or other business entity.
 2. environmental crimes – violation of a criminal law which, although
typically committed by other persons or organizational entities, and which
damage some protected or otherwise significant aspect of the natural
environment.
 3. occupational crimes – any act punishable by law, which is committed
through opportunity created in the course of an occupation that is legal.
 Occupational Crime Classification
 1. Organizational Occupational Crime – crimes committed for
the benefit of the entire organization in such instances only the
organization or the employer, not individual employees.
 2. State Authority Occupational Crime – crimes by officials
through the exercise of their state-based authority . Such crime is
occupation specific, and can be committed by person in public
office or by working for such persons.
 3. Professional Occupational Crime – committed by
professionals in their capacity as professionals. Example:
Physician , Attorneys
 4. Individual Occupational Crime – crimes committed by
individuals such as income tax evasion, theft of goods by
employees, the filing of false expense report, and the like.
 OCCUPATIONAL CRIMES ( SUTHERLAND)
 1. Avocational Crime – committed by one who does not think of
himself as criminal and whose major sources of income is
something other than crime.
 2. corporate crime – committed by a corporate officials for their
corporations and the offenses of the corporation itself.
 3. economic crime – illegal activity that principally involves
deceit , misrepresentation, concealment, manipulation, breach
of trust and illegal circumvention
 4. organizational crime – illegal actions taken in accordance
with operative organizational goals that seriously harm
employees or the general public.
 5.Upper-world Crime – law breaking acts committed by
those who, due to their positions in the structure, have
obtained specialized kinds of occupational slots
essential for the commission of these offenses.
REVISED IMPLEMENTING RULES AND
REGULATIONS R.A. NO. 9160, AS
AMENDED BY R.A.NO.9194
 RULE 4
Money Laundering Offense
 Rule 4.1. Money Laundering Offense - Money laundering is a crime whereby the proceeds
of an unlawful activity AS HEREIN DEFINED are transacted, thereby making them appear to
have originated from legitimate sources. It is committed by the following:
 (a) Any person knowing that any monetary instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.
 (b) Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in paragraph (a) above.
 (c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do
 RULE 5
Jurisdiction of Money Laundering Cases and Money Laundering Investigation Procedures

Rule 5.1. Jurisdiction of Money Laundering Cases. – The Regional Trial Courts shall have the
jurisdiction to try all cases on money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers shall be under the
jurisdiction of the Sandiganbayan.
 Rule 5.2. Investigation of Money Laundering Offenses. - The AMLC shall investigate:
 Rule 3.b. “COVERED TRANSACTION” IS A TRANSACTION IN CASH OR OTHER EQUIVALENT MONETARY
INSTRUMENT INVOLVING A TOTAL AMOUNT IN EXCESS OF FIVE HUNDRED THOUSAND PESOS (PHP500,000.00)
WITHIN ONE (1) BANKING DAY.
 Rule 3.b.1. SUSPICIOUS TRANSACTIONS ARE TRANSACTIONS, REGARDLESS OF AMOUNT, WHERE ANY OF THE
FOLLOWING CIRCUMSTANCES EXISTS:
 1. THERE IS NO UNDERLYING LEGAL OR TRADE OBLIGATION, PURPOSE OR ECONOMIC JUSTIFICATION;
 2. THE CLIENT IS NOT PROPERLY IDENTIFIED;
 3. THE AMOUNT INVOLVED IS NOT COMMENSURATE WITH THE BUSINESS OR FINANCIAL CAPACITY OF THE
CLIENT;
 4. TAKING INTO ACCOUNT ALL KNOWN CIRCUMSTANCES, IT MAY BE PERCEIVED THAT THE CLIENT’S
TRANSACTION IS STRUCTURED IN ORDER TO AVOID BEING THE SUBJECT OF REPORTING REQUIREMENTS
UNDER THE ACT;
 5. ANY CIRCUMSTANCE RELATING TO THE TRANSACTION WHICH IS OBSERVED TO DEVIATE FROM THE
PROFILE OF THE CLIENT AND/OR THE CLIENT’S PAST TRANSACTIONS WITH THE COVERED INSTITUTION;
 6. THE TRANSACTION IS IN ANY WAY RELATED TO AN UNLAWFUL ACTIVITY OR ANY MONEY LAUNDERING
ACTIVITY OR OFFENSE UNDER THIS ACT THAT IS ABOUT TO BE, IS BEING OR HAS BEEN COMMITTED; OR
 7. ANY TRANSACTION THAT IS SIMILAR, ANALOGOUS OR IDENTICAL TO ANY OF THE FOREGOING.”
 UNLAWFUL ACTIVITY
 (A) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as
the Revised Penal Code,
 (B) Sections 4, 5, 6, 8, 9, 10, 12,13, 14, 15 and 16 of Republic Act No. 9165,
otherwise known as the COMPREHENSIVE Dangerous Drugs Act of 2002
 C) Section 3 paragraphs b, c, e, g, h and i of Republic Act No. 3019, as
amended, otherwise known as the Anti-Graft and Corrupt Practices Act;
 (D) Plunder under Republic Act No. 7080, as amended;
 (E) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of
the Revised Penal Code
 G) Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;
 (J) Smuggling under Republic Act Nos. 455 and 1937;
 K) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;
 K.1. Hacking or cracking, which refers to:
 (55) unauthorized access into or interference in a computer system/server or
information and communication system; or
(56) any access in order to corrupt, alter, steal, or destroy using a computer or
other similar information and communication devices, with information and
communications system, including through the knowledge and consent of the
owner of the computer or
(57) the introduction of computer viruses and the like, resulting in the corruption,
destruction, alteration, theft or loss of electronic data messages or electronic
document;
 K.2. Piracy,
 REPUBLIC ACT NO. 9372
 SECTION 1. Short Title. “ This Act shall henceforth be known as the Human Security
Act of 2007’’
 SEC. 3. Terrorism. – Any person who commits an act punishable under any of
the following provisions of the Revised Penal Code:
 1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d‘Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,
 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.
 SEC. 4. Conspiracy to Commit Terrorism. – Persons who
conspire to commit the crime of terrorism shall suffer the penalty
of forty (40) years of imprisonment.
 There is conspiracy when two or more persons come to an
agreement concerning the commission of the crime of terrorism
as defined in Section 3 hereof and decide to commit the same.
 SEC. 5. Accomplice. – Any person who, not being a principal
under Article 17 of the Revised Penal Code or a conspirator as
defined in Section 4 hereof, cooperates in the execution of
either the crime of terrorism or conspiracy to commit terrorism by
previous or simultaneous acts shall suffer the penalty of from
seventeen (17) years, four (4) months one day to twenty (20)
years of imprisonment.
 SEC. 6. Accessory. – Any person who, having knowledge of the
commission of the crime of terrorism or conspiracy to commit terrorism, and
without having participated therein, either as principal or accomplice
under Articles 17 and 18 of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing
or destroying the body of the crime, or the effects, or instruments thereof, in
order to prevent its discovery; (c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of the crime, shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.
 SEC. 7. Surveillance of Suspects and Interception and Recording of
Communications. –
 - 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
 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.
 EC. 18. Period of Detention Without Judicial Warrant of Arrest.
 The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding,
any police or law enforcement personnel, who, having been duly authorized in writing
by the Anti-Terrorism Council has taken custody of a person charged with or suspected
of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without
incurring any criminal liability for delay in the delivery of detained persons to the proper
judicial authorities, deliver said charged or suspected person to the proper judicial
authority within a period of three (3) days counted from the moment the said charged
or suspected person has been apprehended or arrested, detained
 The police or law enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latters
residence or office nearest the place where the arrest took place at any time of the day
or night. It shall be the duty of the judge, among other things, to ascertain the identity of
the police or law enforcement personnel and the person or persons they have arrested
and presented before him or her, to inquire of them the reasons why they have arrested
the person and determine by questioning and personal observation whether or not the
suspect has been subjected to any physical, moral or psychological torture by whom and
why.
 The penalty of ten (10) years and one day to twelve (12) years of imprisonment
shall be imposed upon the police or law enforcement personnel who fails to
notify any judge.
 SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist
Attack. – In the event of an actual or imminent terrorist attack, suspects may
not be detained for more than three (3) days without the written approval of a
municipal, city, provincial or regional official of a Human Rights Commission or
judge of the municipal, regional trial court, the Sandiganbayan or a justice of the
Court of Appeals nearest the place of the arrest.
 REPUBLIC ACT No. 10364
 AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "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 PURPO
 "(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, 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.
"SEC. 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, obtain, hire, provide, offer, transport, transfer, maintain, harbor, 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, or sexual exploitation;
"(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 persons by any form of consideration for exploitative purposes or to
facilitate the same for purposes of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
 "(g) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
 "(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer,
receive 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;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive
or adopt a child to engage in armed activities in the Philippines or abroad;
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or
receive a person by means defined in Section 3 of this Act for purposes of forced
labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or
pattern intended to cause the person either:
"(1) To believe that if the person did not perform such labor or services, he or she or
another person would suffer serious harm or physical restraint; or
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or
receive a child for purposes of exploitation or trading them, including but not limited to,
the act of baring and/or selling a child for any consideration or for barter for purposes
of exploitation
 SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall be
considered as qualified trafficking:
 "x x x
 "(d) When the offender is a spouse, 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;
 "x x x
 "(f) When the offender is a member of the military or law enforcement agencies;
 "(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);
 "(h) When the offender commits one or more violations of Section 4 over a period
of sixty (60) or more days, whether those days are continuous or not; and
 "(i) When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking."
Section 12. Section 10 of Republic Act No. 9208 is hereby amended to
read as follows:
"SEC. 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);
"(e) 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);
 "(e) 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);