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REVIEW NOTES FOR CRIMINOLOGIST LICENSURE EXAMINATIONS

BY EDWARD MAGLUCOT, MSCJ, LLB (TOPNOTCHER NO. 5 MAY 2006)

SUBJECT: ORGANIZED CRIME INVESTIGATION

Pointers given by PRC 5. Perpetuates itself. An organized crime group constitute an
I. Define/discuss organized crime ongoing criminal conspiracy designed to persist through
II. Know the coverage of transnational crime, terrorism, time; that is beyond the life of the current membership.
cyber or technology crimes, organized syndicates and Permanence is assumed by the members, and this
other high profile crimes provides an important basis for attracting qualifies persons
III. Study the types/modes of operations of the said kind to the group, those perpetuating the group’s existence.
of crime groups 6. Use of Violence. Access to private violence is an
IV. Know the existing local and international laws that important dimension that allows the group to actively
penalizes the commission of organized crimes pursue its goals. When necessary, the organized crime
group will resort to bribery to protect its operations or
I. Define/Discuss Organized Crime members. The use of violence or bribery is not restricted
by ethical considerations but, rather, is not controlled only
Definition of Organized Crime by practical limitations.
- An organized crime is any crime committed by a person occupying 7. Specialization/division of labor. An organized crime group
in an established division of labor, a position designed for the will have certain functional position filed by qualified
commission of crimes providing that such division of labor includes members. Given the nature of an organized crime group,
at least one position for a corrupter, one position for a corruptee, the position of enforcer has obtained crucial. This person
and one position for an enforcer. carries out difficult assignments involving the use of
- all illegal activities engaged in by members of criminal syndicates violence including murder in a rational manner. The
operative throughout the United States and all illegal activities enforcer may use members or non members to
engaged in by known associates and confederates of such accomplish the assignment; he may also turn over
members. assignments for murder to specialists.
- an organized criminal group shall mean a structured group of 8. Monopolistic. An organized crime group eschews
three or more persons, existing for a period of time and acting in competition. It strives for hegemony over a particular
concert with the aim of committing one or more serious crimes or geographic area (a metropolitan area or section of a city),
offences established in accordance with this Convention, in order a particular “industry,” legitimate or illegitimate (for
to obtain, directly or indirectly a financial or other material benefit. example, gambling, trucking, loan sharking), or a
- organized crimes is defined as a group composed of two (2) or combination of both (for example, loan sharking in a
more persons collaborating, confederating or mutually helping one particular area or the wholesale cocaine market in a city).
another in the commission of any crime (Section 23, RA 7659) An organized crime monopoly is maintained by violence,
by the threat of violence, or by corrupt relationships with
ORGANIZED CRIME – A combination of two or more persons who law enforcement official.
are engaged in a criminal or virtual criminal activity on a continuing 9. Governed by rules and regulations. An organized crime
basis for the purpose of profit or power using gangland style to groups, like a legitimate organization has a set of rules and
attain their purpose. (PNP Manual) regulations that member are expected to follow.

Attributes of Organized Crimes The way organized group works

1. No Political Goals. An organized crime group is not
motivated by social doctrine, political beliefs, or Commonly, for the organized to work there must be:
ideological concerns; its goals are money and power. Even 1. An Enforcer – one who make arrangement for killing and
though political involvement may be part of the group’s injuring (physically, economically, and psychologically) the
activities, the purpose is usually to gain protection and member or non member.
immunity for its illegal activities. 2. A corrupter – one who bribes, buys, intimidates,
2. Hierarchical. An organized crime group has a vertical threatens, negotiate, and “sweet talk” Into a relationship
power structure with at least three permanent ranks—not with the police, public officials or any else who might help
just a leader and followers—each with the authority over the member security and maintain immunity from arrest,
the level beneath. The authority is inherent in the position prosecution and punishment.
and does not defend on who happened to be occupying it 3. A Corruptee – a public official, usually not a member of
at any given time. the organization family, who can wield influence on behalf
3. Limited or exclusive membership. An organized crime of the organization interest.
group significantly limits membership. Qualification may II. Organized Syndicate
be based on ethnic background, kinship, race, criminal WORLD’S KNOWN ORGANIZED CRIME GROUPS
record or similar consideration. Those who meet the basic 1. MAFIA
qualification(s) for membership usually require a sponsor, The Mafia (also known as Cosa Nostra) is a criminal
typically a ranking member, and must also prove qualified syndicate that emerged in the mid-nineteenth century in Sicily,
for membership by their behavior—for example, Italy. It is a loose association of criminal groups that share a
willingness to commit criminal acts, obey rules, follow common organizational structure and code of conduct, and whose
orders and maintain secrets. common enterprise is protection racketeering. The gang strictly
4. Constitutes a unique subculture. Sometimes referred to observed the code of silence and secrecy or omerta that forbids
as the “underworld,” members of organized crime view mafiosi from betraying their comrades to the authorities.
themselves as distinct from conventional society, which 2. YAKUZA or BORYOKUDAN in JAPAN
they frequently view with derision if not contempt, and Yakuza, also known as gokudō, are members of traditional
therefore not subject to its rules. organized crime syndicates in Japan. The Japanese police, and
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media by request of the police, call them bōryokudan, literally 2. Hitmen (Sicarios): They are the armed group within the
"violence group", while the yakuza call themselves "ninkyō dantai", drug cartel; they are responsible for carrying out
"chivalrous organizations". The yakuza are notorious for their strict assassinations, kidnappings, thefts, extortions, operating
codes of conduct and very organized nature. protection rackets, and defending their 'plaza' from the
3. TRIADS rival groups and the military.
The Chinese triads are one of the world's largest criminal 3. Lieutenants (Lugartenientes): The second highest position
organizations, encompassing other criminal organizations with a in the drug cartel organization; they are responsible for
steady membership of around 1.5 million in mainland China alone supervising the sicarios and halcones within their own
and 2.5 million members worldwide.  The earliest triads started as territory. They are allowed to carry out low-profile
resistance/rebel forces who opposed Manchu rule in China during executions without permission from their bosses.
the Qing Dynasty. 4. Drug lords (Capos): This is the highest position in any drug
4. TONGS cartel; they are responsible for supervising the entire drug
The word tong means “social club”, "hall" or "gathering place".  In industry, appointing territorial leaders, making alliances,
North America a tong    is a type of organization found among and planning high-profile executions.
Chinese living in the United States and Canada. These organizations
are described as secret societies  or sworn brotherhoods  and are Mexican Drug Cartels
often tied to criminal activity. Tongs are similar to triads except that
they originated among early immigrant Chinatown communities 1. Sinaloa Cartel
independently, rather than as extensions of modern triads. The Sinaloa Cartel is the single largest and most powerful drug
5. 14 K GANG OF HONGKONG trafficking organization in the Western hemisphere. It is used to be
The14K is a Triad group based in Hong Kong but active known as La Alianza de Sangre (“Blood Alliance”).
internationally. It is the second largest Triad group in the world
with around 20,000 members split into thirty subgroups. The 14K 2. The Beltran Leyva Organization 
was formed by Kuomintang Lieutenant-General Kot Siu-wong in Drug cartel headed by Hector Beltran Leyva in Mexico City.
Guangzhou, China in 1945 as an anti-Communist action group.
However, they relocated to Hong Kong in 1949 when the 3. The Juarez Cartel
Kuomintang fled from the Communists following the Chinese Civil The Juarez Cartel is one of the oldest surviving drug trafficking
War. Originally there were fourteen members who were part of the organizations in Mexico, with its roots reaching back to the 1980s.
Kuomintang, hence the name 14K. The group began its narcotics activities before moving into human
6. UNITED BAMBOO GANG of TAIWAN trafficking, kidnapping, and extortion.
The United Bamboo Gang was founded in 1957 in Taipei
by sons of Kuomintang army members who had escaped to Taiwan. 4. The Knights Templar 
The name comes from their original territory, Bamboo Forest Road. The Knights Templar are a relatively new group, and were formed
The United Bamboo Gang is not just a gang that KMT (Taiwan in 2010 by Servando Gomez Martinez. Martinez was formerly a
Government) links to. In fact it is KMT's underground assassination high-ranking member of the nearly extinct La Familia Michoacana,
sector. but he left the organization after its leader was killed. 
7. NAM CAM GANG IN VIETNAM
Năm Cam was a notorious Vietnamese gangster. He was 5. Gulf Cartel
born in Saigon, Vietnam. When Nam Cam was 15 years old, he was The Gulf Cartel, found in the region of eastern Mexico along the
arrested for stabbing a man to death in a fight. He subsequently Gulf Coast states, started achieving considerable success and
spent two years in jail. Upon his release, he joined the Army of the infamy in 1984 when it associated with the Colombian Cali Cartel.
Republic of Vietnam (ARVN) in 1966, to fight against communist
North Vietnam. Nam Cam was a devout anti-communist, and he 6. Los Zetas 
remained in Vietnam during the Fall of Saigon, to help defend Los Zetas are known as being amongst the most brutal of all the
South Vietnam from the invading North Vietnamese army and their criminal groups in Mexico.
Viet Cong agents. He eventually was captured by the North The organization's origins go back to the late 1990s as the elite
Vietnamese Army (NVA) and was made to undergo re-education by private security apparatus of the Gulf Cartel. In an effort to outdo
the North Vietnam Government. their rivals, the Gulf Cartel formed the Zetas out of a core of at
least 31 deserters of the Mexican Special Forces. 
8. MEXICAN DRUG CARTEL 7. The Tijuana Cartel
The Mexican Drug War is an ongoing armed conflict between During its heyday in the 1990s and the early 2000s, the Tijuana
rival drug cartels fighting each other for regional control, Cartel, also known as the Arellano Felix, was among the strongest
and Mexican government forces. The government's principal goal of the organized crime organizations in Mexico. The cartel
has been to put down the drug-related violence that was raging controlled the lucrative corridor of Tijuana for running drugs and
between different drug cartels before any military intervention was people into the US.
made.
Executive Summary of Organized Crime Groups
The birth of all Mexican drug cartels is traced to former Mexican Organized Crime Group Country of
Judicial Federal Police agent Miguel Angel Félix Gallardo ('The Origin
Godfather'), who founded the Guadalajara Cartel in 1980 and 1. Mafia Italy
controlled all illegal drug trade in Mexico and the trafficking 2. Yakuza Japan
corridors across the Mexico-USA border throughout the 1980s.  3. Triad China
4. Tong China
Below is basic structure of the drug cartels; in this case, the ones in 5. 14K Gang Hongkong
Mexico: 6. Drug Cartel Mexico
1. Falcons (Halcones): Considered the "eyes and ears" of the 7. United Bamboo Gang Taiwan
streets, the 'falcons' are the lowest rank position in any 8. Nam Cam Vietnam
drug cartel. They are responsible for supervising and
reporting on the activities of the military and of their rival PHILIPPINES KNOWN ORGANIZED CRIME GROUPS
groups.
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distract his/her attention. An accomplice slashes the bag/pocket of
1. FILIPINO MAFIA  the victim who is busy being distracted by another suspect. All
money and goods are stolen.
The Kuratong Baleleng was an organized crime syndicate that once
was an anti-communist vigilante group. They were known 9. Ipit Taxi Gang - The Ipit Taxi scheme usually involves
nationwide due to their end in an alleged shootout with the Police three (3) perpetrators. The trio uses a taxi cab spray painted with a
on May 1995 in Quezon City. For most Filipinos, the Kuratong different name and sporting stolen or fake license plates. The driver
Baleleng is that notorious group of bank robbers that met a bloody usually drives around looking for a potential victim who is hailing a
end in a supposed shootout with the police one May morning in taxi cab. Unknown to the victim, the locking mechanisms of both
1995 in Quezon City. But down in Ozamiz City, in northwestern rear doors are not working. The driver then drives the cab to a pre-
Mindanao, Kuratong is said to be well-loved — and well-connected, arranged area, usually a dimly lit street or highway, and slows
even if no one denies that it is a criminal syndicate. down pretending he has engine/mechanical trouble. At this
juncture his cohorts approach both doors of the cab, jump in and
2. DOMINGUEZ BROTHERS CARNAPPING SYNDICATE sandwich the victim who is forcibly divested of his cash and
valuables.
The Dominguez Brothers Carnapping Syndicate is an alleged
criminal group operating in Metro Manila and Central Luzon, led by 10. Estribo Gang - Attackers prey on passengers inside a bus or
brothers Roger and Raymond Dominguez. The two are currently jeepney by positioning themselves near the estribo or vehicle’s exit
under the custody of the Philippine National Police facing multiple and then hold up everyone inside. In other instances, a crafty
charges of carnapping and murder. criminal will set up at the exit of a crowded bus or jeepney and
systematically pick the pocket of passengers passing through.
3. Salisi Gang - Suspects are typically well-dressed, mild-
mannered, and project an aura of legitimate businessman 11. Bukas Kotse Gang - Thieves typically work in pairs. Spotting a
or an affluent matron; complete with jewelry, attaché case potential victim driving a car with unlocked doors, a pair will force
and other props to appear and look wealthy. The their way into an occupied parked car or a vehicle stopped at an
perpetrator moves closer to the would-be victim and waits intersection. Other times, using a car of their own, the pair will
patiently until the victim is engrossed in a serious force the victim to maneuver his or her vehicle off the road. One of
conversation with a companion or leaves his or her bags the attackers will force the victim to open his door. The attacker
and other belongings unattended. In a swift motion, the pushes the victim to the front passenger seat, drives the car to a
perpetrator takes the unattended bag or belongings and deserted area, and robs the victim.
casually leaves the place.
12. Dura Boys - This tactic is usually carried out by a group of
4. Tutok-Kalawit Gang -Tutok-Kalawit involves a man or three. The first member informs the victim that a man/woman has
woman suddenly hugging a victim like they are old friends. spit on her sleeve and back. The victim will be distracted trying to
In truth, the con man or woman is discreetly poking a wipe the spit on her sleeve while one of the other members of the
sharp object on the side of the victim while quietly telling gang steals the victim’s valuables, usually a wallet or a mobile
him to turn over his cash and valuables. phone.

5. Ativan Gang - Ativan perpetrators commonly victimize 13. Akyat-Bahay Gang - The Akyat-Bahay is the most common
foreigners who roam alone in public places. The group is robbery scheme in the Philippines. This crime is usually
usually composed of three (3) to four (4) males or females orchestrated by three to five people. These thieves target homes
who befriend the would-be victim. After gaining trust and that are unoccupied especially during the holiday season (i.e.
confidence, the victim will be taken for a ride to other Christmas, Holy Week, and Summer Vacation) or during severe
tourist sites and during meal time, the victim will be weather conditions (i.e. typhoons) when members of the
brought to their house usually situated in a squatter household can barely notice break-ins into their homes. The gang
colony where the victim will be treated for lunch, snacks, also employs children who can easily enter homes illegally through
or dinner. The served drink is spiked with Ativan – a tight spaces.
powerful anti-depressant/sleeping pill. Even before
finishing the drink, the victim will succumb to a deep sleep 14. Pitas Gang - Thieves typically target passengers seated near
and while sleeping, will be stripped of his cash and the windows of public buses, jeepneys, and tricycles. Among the
valuables and will be brought out of the house and left at a items usually snatched by thieves include wrist watches, rings,
completely random location. necklaces, mobile phones, and hand bags. Another variant occurs
when a group of thieves grab the ears of women and young girls
6. Ipit Gang - Ipit gang members operate in groups of four and steal their earrings or snatch their bracelets from their wrists.
or five. Gang members shove or push a prospective victim to
distract him or her, while their accomplice picks his pocket. In 15. Laglag-Barya Gang - Members of this gang drop coins or small
jeepneys and buses, suspects squeeze-in and distract their victims bills near their victim. While the victim helps to scoop up the
while their accomplice snatches the victim’s wallet and/or mobile money, other gang members start robbing the victim. In most
phone. instances, a gang member blends with the crowd and serves as
lookout or “stopper,” when someone tries to run after his
7. Budol-Budol Gang - is a transaction scam principally companions.
involving a supposed bundle (budol) of cash that is actually
padded inside with sheets of paper cut in the size of money. 16. Baraha Gang - Members of this gang are typically waiters and
Only the exposed sides however are real money, everything in cashiers who target credit card users in business establishments.
between are plain paper cuttings. Once the victim gives his credit card to the waiter/shop attendant
the card is swiped to a skimming device that will capture the
8. Laslas Bag/Laslas Bulsa - Perpetrators of this crime victim’s credit card account.
usually target victims in crowded areas. A man/woman/child
pretending to be lost or selling an item approaches the victim to
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17. Besfren Gang - This gang targets shoppers who check out items P at gunpoint, to take the plane to Singapore. When P refused, A
sold in stalls (i.e. watches, jewelry, mobile phones, and other shot him to death. What offense/offenses did A commit?
electronic gadgets). One of the gang members stands next to the
victim and borrows the item being checked, pretending that he/she HELD: The crimes committed are frustrated coercion and murder.
is a friend of the victim. The thief will quickly flee the stall premises When the crimes were committed, the plane was not “in flight” as
bringing with him/her the said item. The store owner/attendant the doors were still open for embarkation. So hijacking was not
naturally assumes that the victim is an accomplice and will ask committed (RA No. 6235 Sec. 1).
him/her to pay for the item.
FACTS: While a Philippine Air Lines aircraft was being serviced at
III. TRANSNATIONAL CRIMES the airport in San Francisco, U.S.A., “A”, a Mexican residing in the
U. S., pointed a pistol at the two pilots who were eating at the
Transnational organized crime manifests in many forms, restaurant and ordered them to take him in the plane to Havana,
including trafficking in drugs, firearms and even persons. At the Cuba. The pilots obeyed and flew him to Havana. Months later, “A”
same time, organized crime groups exploit human mobility to was recognized at the Manila International Airport, was arrested
smuggle migrants and undermine financial systems through money and tried in the Philippine Court for hijacking. Did the Philippine
laundering. court have jurisdiction?

The Convention against Transnational Organized Crime HELD: Yes. The Philippine has jurisdiction on the basis of protective
developed by the United Nations in 1998 defined transnational principle and universality principle under international law.
crime as an offense with the following elements:
FACTS: While a Japan aircraft was being serviced at the airport in
(a) it is committed in more than one state; San Francisco U.S.A., “A”, a Mexican residing in the U.S., pointed a
(b) it is committed in one state but a substantial part of its pistol at the two pilots who were eating in the restaurant and
preparation, planning, direction or control takes place in ordered them to take him in the plane to Havana, Cuba. The pilots
other state; obeyed and flew him to Havana. Months later, “A” was recognized
(c) it is committed in one state but involves an organized at the Manila International Airport, was arrested. Can the hijacker
criminal group that engages in criminal activities in more be tried in the Philippine court for violation of the second
than one state; or paragraph of Section 1 of RA No. 6235?
(d) it is committed in one state but has substantial effects
in another state. HELD: No. “A” did not seize control of the foreign aircraft while it is
within Philippine territory. Neither did he compel the pilots to land
Transnational Crimes versus International Crimes the aircraft in the Philippines.

Transnational Crimes involves activities that violate the 2. RA 9160 "Anti-Money Laundering Act of 2001."
laws of more than one country (i.e., money laundering, terrorist
activities, illicit traffic in arms, environmental crimes, illicit drug Money laundering is a crime whereby the proceeds of an unlawful
trafficking, and trafficking in persons). International crimes refer to activity are transacted, thereby making them appear to have
the activities that are contrary to the interests of humankind. originated from legitimate sources.
International crimes include genocide, apartheid (suppression of
racial or ethnic group), war crimes, and international terrorism. 3. RA 10591 "Comprehensive Firearms and Ammunition Regulation
Act".
1. AIRCRAFT HIJACKING (RA 6235)
Arms smuggling  refers to the import, export, acquisition, sale,
Section 1 of RA 6235 (An Act Prohibiting Certain Acts delivery, movement or transfer of firearms, their parts and
Inimical to Civil Aviation) provides that it shall be unlawful for any components and ammunition, from or across the territory of one
person to compel a change in the course or destination of an country to that of another country which has not been authorized
aircraft of Philippine registry, or to seize or usurp the control in accordance with domestic law in either or both
thereof, while it is in flight. An aircraft is in flight from the moment country/countries.
all its external doors are closed following embarkation until any of
such doors is opened for disembarkation. IV. Terrorism and other POLITICAL CRIMES

It shall likewise be unlawful for any person to compel an CONTEMPORARY FORMS OF TERRRORISM
aircraft of foreign registry to land in Philippine territory or to seize
or usurp the control thereof while it is within the said territory. 1. Revolutionary Terrorists - used violence to frightened those in
power and their supporters in order to replace the existing
Elements of Hijacking government with a regime that holds acceptable political or
religious views. Terrorist actions such as kidnapping, assassination,
The elements of hijacking under first paragraph of Section 1 of RA and bombing are design to draw repressive responses from
No. 6235 are: governments trying to defend themselves. For example, on
October 12, 2002, powerful bomb exploded in a nightclub on the
(1) an aircraft of Philippines registry is in flight; Indonesian island of Bali, killing more than 180 foreign tourists.
(2) offender compels the aircraft to change its course or destination 2. Nationalist Terrorism - promotes the interest of a minority ethnic
or seizes or usurps the control thereof. or religious group that believes it has been persecuted under
majority rule and wishes to carve out its own independent
ILLUSTRATIONS homeland. In the Middle East, terrorist activities have been linked
to the Palestinians’ desire to wrest their former homeland from
FACTS: A boarded a plane at the Manila Domestic Airport bound Israel. The leading group, The Palestinian Liberation Organization
for Davao City. While the plane was still on the tarmac, its doors (PLO), had directed terrorist activities against Israel.
still and waiting for the last passenger to board, A ordered the pilot 3. Cause-based Terrorism - Some terrorists espouse a particular social
or religious cause and use violence to attract followers to their
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standard. They do not wish to set up their own homeland or topple
a government but rather want to attack and intimidate groups that e. Boko Haram
oppose their social and religious views. Anti-abortion groups have Boko Haram means "Western education is sin" in the Hausa
demonstrated at abortion clinics, and some members have language spoken in Nigeria's north. It is believed to have a number
attacked clients, bomb offices, and killed doctors who performed of factions with differing aims, including some with political links.
abortions. On, October 23, 1998, Dr. Barnett Slepian was shot by a Boko Haram is an armed group blamed for killing thousands of
sniper and killed in his Buffalo, New York, home; he was one of a people in northeastern Nigeria. Many of the attacks have targeted
growing number of abortion providers believed to be the victims of places of worship, often churches, but Muslims have also been
terrorists who ironically claimed to be “pro-life”. killed.
4. Environmental Terrorism - On August 22, 2003, members of the
extremist environmental group Earth Liberation Front (ELF) claimed
responsibility for fires that destroyed about a dozen sport utility f. Taliban
vehicles at a Chevrolet dealership in West Covina, California. This The word Taliban is Pashto for “students”. The Taliban is a
was neither the first nor the most costly of their attacks. On Sunni Islamist Nationalist and pro-Pashtun movement founded in
October 19, 1998, several suspicious fires were set atop Vail the early 1990s that ruled most of Afghanistan. It was composed of
Mountain, a luxurious ski resort in Colorado. Soon after, the Earth peasant farmer and men studying Islam in Afghan and Pakistani
Liberation Front claimed that it set the fires to stop a ski operator madrasas or religious schools.
from expanding into animal habitats (especially that of the
mountain lynx). g. Islamic State
5. State Sponsored Terrorism - State sponsored terrorism occurred The Islamic State (IS), also known as the Islamic State in Iraq
when a repressive government regime forces its citizens into and Syria (ISIS) or Islamic State in Iraq and the Levant (ISIL) is a
obedience, oppresses minorities and stifles political dissent. Death Salafi-Jihadist militant organization in Syria and Iraq whose goal is
squads and the use of government troops to destroy political the establishment and expansion of a caliphate. The group has its
opposition parties are often associated with Latin American origins in the early 2000s, when Abu Musab al-Zarqawi began
political terrorism. Example in Iran, Sudan and Syria. training extremist militants. 
6. Criminal Terrorism - In December 2001 six men were arrested by
Russian security forces as they were making a deal for weapons- Executive Summary
grade uranium. Some of the men were members of the Balashikha Terrorist Meaning of Name Area of
criminal gang and they were in possession of two pounds of top- Groups Operation
grade radioactive material, which can be used to build weapons. Al-Qaeda "The Base" Afghanistan,
They were asking $30,000 for the deadly merchandise. Since 1990 Egypt, Saudi
there have been a half dozen cases involving theft and Arabia
transportation of nuclear material and other cases involving people Hamas  Ḥarakat al- Palestine
who offered to sell agents material not yet in their possession. Muqāwamah al-
ʾIslāmiyyah
2. World known Terrorist Organizations or Islamic
Resistance
a. AL-QAEDA INTERNATIONAL Movemen
"Al-Qaeda" ("The Base") was developed by Usama Bin Laden Hezbollah “the Party of God” Lebanon
and others in the early 1980's to support the war effort in Jemaah Islamic South East Asia
Afghanistan against the Soviets. The resulting "victory" in Islamiah Congregation
Afghanistan gave rise to the overall "Jihad" (Holy War) movement. Boko Haram "Western education Nigeria
Trained Mujahedin fighters from Afghanistan began returning to is sin"
such countries as Egypt, Algeria, and Saudi Arabia, with extensive Taliban “students” Afghanistan and
"jihad" experience and the desire to continue the "jihad". This Pakistan
antagonism began to be refocused against the U.S. and its allies. ISIS or ISIL Islamic State in Iraq Iraq and Syria
and Syria or Islamic
b. Hamas State in Iraq and the
Hamas is the largest of several Palestinian militant Islamist Levant
groups. Hamas an acronym of Ḥarakat al-Muqāwamah al-
ʾIslāmiyyah or Islamic Resistance Movement is a Palestinian Sunni- 3. Terrorist Organizations in the Philippines
Islamic fundamentalist organization. Its name is an Arabic acronym a. Abu Sayyaf Group (ASG)
for the Islamic Resistance Movement, originating as it did in 1987 Abu Sayyaf Group (ASG) is a militant organization that is
after the beginning of the first intifada, or Palestinian uprising, based in the Philippines. Its mission is thought to be the
against Israel's occupation of the West Bank and Gaza Strip. establishment of a separate Islamic state in Mindanao, an island
situated in the southern Philippines. Abu Sayyaf literally means
c. Hezbollah "bearer of the sword" in Arabic. Abu Sayyaf Group is also known as
Hezbollah – “the Party of God” - is a Shia Islamist political, Al-Harakat Al-Islamiyyah. The group claims that it was formed in
military and social organization that wields considerable power in the early 1990s after it split from Moro National Liberation Front. It
Lebanon. It emerged with the help of Iran during the Israeli was reportedly headed by Abdurajak Abubakar Janjalani. 
occupation of Lebanon in the early 1980s, though its ideological
roots stretch back to the Shia Islamic revival in Lebanon in the b. Communist Party of the Philippines-New People’s Army (CPP-
1960s and '70s. NPA)
The Communist Party of the Philippines–New People’s
d. Jemaah Islamiah Army (CPP-NPA) seeks to overthrow the Philippine government in
Jemaah Islamiah (JI), a South East Asian militant group with favor of a new state led by the working class and to expel U.S.
links to al-Qaeda, has a long track record of bomb attacks in influence from the Philippines. The Communist Party of the
Indonesia and elsewhere in the region. The most deadly were the Philippines (CPP) was founded in 1968, and its armed wing, the
near simultaneous blasts in two Bali nightclubs in Bali on 12 New People’s Army (NPA), was founded in the following year.
October 2002, which killed 202 people.
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Because the party and its armed wing are so closely intertwined, circumstance must be committed. The following are the
they are often referred to together as the CPP-NPA. considered as terroristic activities:
The CPP-NPA was established by Jose Maria Sison, a popular former
student activist who led a Maoist-oriented youth faction within the a. Piracy in General and Mutiny in the High Seas or in the
Partido Komunista ng Pilipinas (PKP), which was established in Philippine Waters (Article 122 of RPC)
1930.  b. Rebellion or Insurrection (Article 134);
c. Coup d' Etat including acts committed by private persons (Article
c. Maute Group 134-a);
The Maute brothers, Abdullah and Omarkhayam Romato d. Murder (Article 248);
(known simply as Omar), went from petty small-time criminals to e. Kidnapping and Serious Illegal Detention (Article 267);
full fledged militant activity when they created Khalifa Islamiah f. Crimes Involving Destruction (Article 324), or under
Mindanao in 2012.The Maute group pledged to the Islamic State in g. Arson (Presidential Decree No. 1613);
April 2015. Both the Ansar Al-Khilafah Philippines (AKP, h. Violation Republic Act No. 6969 (Toxic Substances and Hazardous
formerly Abu Sayyaf) and Maute group pledged allegiance with the and Nuclear Waste Control Act of 1990);
Islamic State and pledged to support each other in fighting the i. Violation of Republic Act No. 5207, (Atomic Energy Regulatory
Philippine government.  There stronghold was at Butig, Lanao del and Liability Act of 1968);
Sur. j. Anti-Hijacking Law (Republic Act No. 6235);
K. Piracy and Highway Robbery (Presidential Decree No. 532); and,
D. Bangsamoro Islamic freedom Fighters l. Illegal and Unlawful Possession, Manufacture, Dealing in,
The Bangsamoro Islamic Freedom Fighters (BIFF), Acquisition or Disposition of Firearms, Ammunitions or Explosives
sometimes called the Bangsamoro Islamic Freedom Movement (Presidential Decree No. 1866, as amended)
(BIFM), is an Islamic separatist organization based in the southern
Philippines. It seeks an independent Islamic state for the Filipino Qualifying Circumstance: thereby sowing and creating a condition
Muslim minority, known as the Moro people, who live primarily in of widespread and extraordinary fear and panic among the
the Philippines’ Mindanao region. The BIFF was founded in 2010 by populace, in order to coerce the government to give in to an
Ameril Umbra Kato as a splinter group of the Moro Islamic unlawful demand.
Liberation Front (MILF), itself a splinter group of the Moro National
Liberation Front (MNLF). ILLUSTRATION
A rebel group bombed a bus in Metro Manila causing the
e. Other Militant groups instantaneous death of 10 innocent persons. The rebel group
claimed the bombing and asked the government to free their other
1. Moro National Liberation Front members detained in City Jail. If the government will not grant
The Moro National Liberation Front (MNLF) is an Islamic their demand, they will bomb the LRT. What was the crime
separatist organization based in the southern Philippines. committed?
It seeks an independent Islamic state or autonomous The rebel group is guilty of terrorism. They committed
region for the Filipino Muslim minority, known as the multiple murder by planting a bomb in a public transport facility
Moro people, who live primarily in the Philippines’ causing the death of 10 persons. Because of their act, they sowed
Mindanao region. Beginning in the 1970s, the MNLF was and created a condition of widespread and extraordinary fear and
the Moro separatist movement’s leading organization for panic among the populace. They also coerced the government to
about two decades. The MNLF is a splinter group of the give in to an unlawful demand of releasing their other members
Muslim Independence Movement (MIM), later called the from city jail.
Mindanao Independence Movement, which was founded
in 1968 to call for a separate Moro state in the southern Proscription of Terrorist Organizations, Association, or Group of
Philippines. Nur Misuari, an early student leader of the Persons.
movement, became the MNLF’s first chairman. Any organization, association, or group of persons
N.B. Roughly 27 Muslim youth allegedly summarily organized for the purpose of engaging in terrorism, or which,
executed in 1968 in what is known as the Jabidah although not organized for that purpose, may be declared as a
Massacre, only Jibin Arula survived to tell the tragedy. terrorist and outlawed organization, association, or group of
persons.
2. Moro Islamic Liberation Front
The Moro Islamic Liberation Front (MILF) is an Islamic Authorized Wire-Tapping to Judicial Declared Terrorist
separatist organization based in the southern Philippines. The MILF Organizations
is chiefly located in central Mindanao and is the Philippines’ largest Under Section 7 of RA No. 9372, a police or law
separatist group; it is also considered the strongest. The MILF enforcement official and the members of his team may, upon a
originated as a splinter group of the Moro National Liberation Front written order of the Court of Appeals, listen to, intercept and
(MNLF) in the 1970s. Hashim Salamat, an MNLF co-founder, had record, with the use of any mode, form, kind or type of electronic
begun to have ideological and political disagreements with Nur or other surveillance equipment or intercepting and tracking
Misuari, his fellow co-founder and MNLF’s key leader.  devices, or with the use of any other suitable ways and means for
that purpose, any communication, message, conversation,
4. RA 9372 “Human Security Act of 2007” discussion, or spoken or written words between members of a
This is first and only law that explicitly defined terrorism in judicially declared and outlawed terrorist organization,
the Philippines. This was approved and signed into a law on March association, or group of persons or of any person charged with or
6, 2007 by former President Gloria Macapagal Arroyo. This is suspected of the crime of terrorism or conspiracy to commit
considered as breakthrough in the Philippine legislation because terrorism.
before 2007 terrorism in the Philippines is yet defined ant it has no
concrete punishment. Period of Detention Without Judicial Warrant of Arrest
However, Section of 18 RA 9237 authorized any police or
To constitute the crime of terrorism, a terroristic activity law enforcement personnel to deliver said charged or suspected
as enumerated in section 3 of RA 9237 with a qualifying person to the proper judicial authority within a period of three
days counted from the moment the said charged or suspected
 7
person has been apprehended or arrested, detained, and taken (i) Terrorist refers to any natural person who: (1) commits, or
into custody by the said police, or law enforcement personnel: attempts, or conspires to commit terrorist acts by any means,
Provided, That the arrest of those suspected of the crime of directly or indirectly, unlawfully and willfully; (2) participates, as a
terrorism or conspiracy to commit terrorism must result from the principal or as an accomplice, in terrorist acts; (3) organizes or
surveillance and examination of bank deposits. directs others to commit terrorist acts; or (4) contributes to the
commission of terrorist acts by a group of persons acting with a
Judicial Authorization to Examine Bank Deposits, Accounts, and common purpose where the contribution is made intentionally and
Records with the aim of furthering the terrorist act or with the knowledge
Section 27 of RA 9327 is an exception to Republic Act No. of the intention of the group to commit a terrorist act.
1405 as amended otherwise known as “Bank Secrecy Law”. Under (k) Terrorist organization, association or a group of persons refers
the law, the AMLC may authorize in writing any police or law to any entity owned or controlled by any terrorist or group of
enforcement officer to: (a) examine, or cause the examination of, terrorists that: (1) commits, or attempts to commit, terrorist acts
the deposits, placements, trust accounts, assets and records in a by any means, directly or indirectly, unlawfully and willfully; (2)
bank or financial institution; and (b) gather or cause the gathering participates as an accomplice in terrorist acts; (3) organizes or
of any relevant information about such deposits, placements, trust directs others to commit terrorist acts; or (4) contributes to the
accounts, assets, and records from a bank or financial institution. commission of terrorist acts by a group of persons acting with
common purpose of furthering the terrorist act where the
Extra-Territorial Application of RA 9372 contribution is made intentionally and with the aim of furthering
The characteristics of criminal law are generality, the terrorist act or with the knowledge of the intention of the
territoriality and prospective. Territoriality means that criminal law group to commit a terrorist act.
is only applicable within the Philippine territory. Human Security
Act is one of the exceptions of territorial application of criminal Section 4. Financing of Terrorism. – Any person who, directly or
law. In fact it has extra-territorial application in the following indirectly, willfully and without lawful excuse, possesses, provides,
instances: collects or uses property or funds or makes available property,
funds or financial service or other related services, by any means,
(1) to individual persons who commit any of the crimes with the unlawful and willful intention that they should be used or
defined and punished in this Act within the terrestrial domain, with the knowledge that they are to be used, in full or in part: (a) to
interior waters, maritime zone, and airspace of the Philippines; carry out or facilitate the commission of any terrorist act; (b) by a
(2) to individual persons who, although physically outside terrorist organization, association or group; or (c) by an individual
the territorial limits of the Philippines, commit, conspire or plot to terrorist, shall be guilty of the crime of financing of terrorism and
commit any of the crimes defined and punished in this Act inside shall suffer the penalty of reclusion temporal in its maximum
the territorial limits of the Philippines; period to reclusion perpetua and a fine of not less than Five
(3) to individual persons who, although physically outside hundred thousand pesos (Php500,000.00) nor more than One
the territorial limits of the Philippines, commit any of the said million pesos (Php1,000,000.00).
crimes on board Philippine ship or Philippine airship;
(4) to individual persons who commit any of said crimes 6. RA 9851 "Philippine Act on Crimes Against International
within any embassy, consulate, or diplomatic premises belonging to Humanitarian Law, Genocide, and Other Crimes Against
or occupied by the Philippine government in an official capacity; Humanity”
(5) to individual persons who, although physically outside
the territorial limits of the Philippines, commit said crimes against CRIMES DEFINED BY RA 9851
Philippine citizens or persons of Philippines descent, where their
citizenship or ethnicity was a factor in the commission of the crime; 1. Crimes Against International Human Humanitarian Law
(6) to individual persons who, although physically outside “Protected person" in an armed conflict means:
the territorial limits of the Philippines, commit said crimes directly (1) a person wounded, sick or shipwrecked, whether
against the Philippine government. civilian or military;
(2) a prisoner of war or any person deprived of liberty for
Evidence Needed to File a Case for violations of the Human reasons related to an armed conflict;
Security Act (3) a civilian or any person not taking a direct part or
having ceased to take part in the hostilities in the power of the
1. Testimonial Evidence – affidavit of the complainant and adverse party;
witnesses (4) a person who, before the beginning of hostilities, was
2. Documentary Evidence – subversive documents, photographs, considered a stateless person or refugee under the relevant
videos, publications, records, police records, forensic reports, international instruments accepted by the parties to the conflict
medical records and other pertinent documents concerned or under the national legislation of the state of refuge or
3. Object Evidence – computers, electronic devices, weapons and state of residence;
instruments used perpetrating violence and means to control the (5) a member of the medical personnel assigned
woman and child victims exclusively to medical purposes or to the administration of medical
4. Other evidence relevant units or to the operation of or administration of medical transports;
or
5. REPUBLIC ACT NO. 10168       June 20, 2012 (6) a member of the religious personnel who is exclusively
Section 1. Short Title. – This Act shall be known as "The Terrorism engaged in the work of their ministry and attached to the armed
Financing Prevention and Suppression Act of 2012” forces of a party to the conflict, its medical units or medical
transports, or non-denominational, noncombatant military
Section 3. Definition of Terms. – As used in this Act: personnel carrying out functions similar to religious personnel.
(a) Anti-Money Laundering Council (AMLC) refers to the Council
created by virtue of Republic Act No. 9160, as amended, otherwise EXAMPLES:
known as the "Anti-Money Laundering Act of 2001, as amended".
(b) Anti-Terrorism Council (ATC) refers to the Council created by, 1. Making protected persons or civilian as human shield
virtue of Republic Act No. 9372, otherwise known as the "Human during an encounter.
Security Act of 2007?. 2. Attacking a red cross convoy during an encounter.
 8
5. Extermination- means the international infliction of conditions
2. Genocide of life, inter alia, the deprivation of access to food and medicine,
Genocide means any of the following acts with intent to calculated to bring about the destruction of a part of a population.
destroy, in whole or in part, a national, ethnic, racial, religious, 6. Forced pregnancy- means the unlawful confinement of a
social or any other similar stable and permanent group as such: women to be forcibly made pregnant, with the intent of affecting
(1) Killing members of the group; the ethnic composition of any population carrying out other grave
(2) Causing serious bodily or mental harm to members of violations of international law.
the group; 7. Hors de Combat- means a person who:
(3) Deliberately inflicting on the group conditions of life (1) is in the power of an adverse party;
calculated to bring about its physical destruction in whole or in (2) has clearly expressed an intention to surrender; or
part; (3) has been rendered unconscious or otherwise
(4) Imposing measures intended to prevent births within incapacitated by wounds or sickness and therefore is incapable of
the group; and defending himself: Provided, that in any of these cases, the person
(5) Forcibly transferring children of the group to another form any hostile act and does not attempt to escape.
group. 8. Non-defended locality- means a locality that fulfills the
following conditions:
EXAMPLES: (a) all combatants, as well as mobile weapons and mobile
1. Killing Filipino Citizen in Taiwan. military equipment, must have been evacuated;
2. Causing serious bodily or mental harm to all member of (b) no hostile use of fixed military installations or
Jehovah’s Witness. establishments must have been made;
(c) no acts of hostility must have been committed by the
3. Other Crimes Against Humanity authorities or by the population;
Any of the following acts when committed as part of a (d) no activities in support of military operations, must
widespread or systematic attack directed against any civilian have been undertaken.
population, with knowledge of the attack is considered as other 9. No quarter will be given- means refusing to spare the life of
crimes against humanity: anybody, even of persons manifestly unable to defend themselves
(a) Willful killing; or who clearly express their intention to surrender.
(b) Extermination; 10. Perfidy- means acts which invite the confidence of an
(c) Enslavement; adversary to lead him/her to believe he/she is entitled to, or is
(d) Arbitrary deportation or forcible transfer of population; obliged to accord, protection under the rules of International
(e) Imprisonment or other severe deprivation of physical Humanitarian Law, with the intent to betray that confidence,
liberty in violation of fundamental rules of international including but not limited to:
law; (a) feigning an intent to negotiate under a flag of truce;
(f) Torture; (b) feigning surrender;
(g) Rape, sexual slavery, enforced prostitution, forced (c) feigning incapacitation by wounds or sickness;
pregnancy, enforced sterilization, or any other form of (d) feigning civilian or noncombatant status; and
sexual violence of comparable gravity; (e) feigning protective status by use of signs, emblems or
(h) Persecution against any identifiable group or uniforms of the United Nations or of a neutral or other State not
collectivity on political, racial, national, ethnic, cultural, party to the conflict.
religious, gender, sexual orientation or other grounds that
are universally recognized as impermissible under 6. Extrajudicial Killings (EJK) (ADMINISTRATIVE ORDER NO. 35)
international law, in connection with any act referred to in
this paragraph or any crime defined in this Act; 1. Extra-Legal Killings (ELK) or Extra-Judicial Killings (EJK) -
(i) Enforced or involuntary disappearance of persons; For purposes of operationalization and implementation of
(j) Apartheid; and A.O. No. 35, the ELK/ElK will refer to killings wherein:
(k) Other inhumane acts of a similar character
intentionally causing great suffering, or serious injury to a. The victim was:
body or to mental or physical health. i. a member of, or affiliated with an organization, to
include political, environmental, agrarian, labor, or similar causes;
Points to Ponder or
1. Apartheid- means inhumane acts committed in the context of ii. an advocate of above-named causes; or
an institutionalized regime of systematic oppression and iii. a media practitioner or
domination by one racial group or groups and committed with the iv. person(s) apparently mistaken or identified to be so.
intention of maintaining that regime b. The victim was targeted and killed because of the actual or
2. Arbitrary deportation or forcible transfer of population- means perceived membership, advocacy, or profession;
forced displacement of the persons concerned by expultion by c. The person/s responsible for the killing is a state agent or non-
expulsion or other coercive acts from the area in which they are state agent;
lawfully present, without grounds permitted under domestic or d. The method and circumstances of attack reveal a deliberate
international law. intent to kill;
3. Enforced or involuntary disappearance of persons- means the
arrest, detention, or abduction of persons by, or with the Note: The PNP used the term “Death Under Investigation”.
authorization support or acquiescence of, a State or a political
organization followed by a refusal to acknowledge that deprivation V. CYBER AND TECHNOLOGY CRIMES
of freedom or to give information on the fate or whereabouts of
those persons, with the intention of removing from the protection 1. RA 10175 otherwise known as “Cybercrime Prevention Act of
of the law for a prolonged period of time 2012 provides other cyber crimes. Among those are:
4. Enslavement- means the exercise of any or all of the powers
attaching to the right of ownership over a person and includes the (1) Illegal Access. – The access to the whole or any part of a
exercise of such power in the course of trafficking in persons, in computer system without right.
particular women and children.
 9
(2) Illegal Interception. – The interception made by technical means of such cinematographic film or other audiovisual work or its
without right of any non-public transmission of computer data to, soundtrack, or any part thereof;
from, or within a computer system including electromagnetic (b)have in his/her possession, an audiovisual recording device in an
emissions from a computer system carrying such computer data. exhibition facility, with the intent of using or attempts to use the
(3) Data Interference. — The intentional or reckless alteration, audiovisual recording device to transmit or make a copy of any
damaging, deletion or deterioration of computer data, electronic performance in the exhibition facility of such cinematographic film
document, or electronic data message, without right, including the or other audiovisual work or its soundtrack, or any part thereof;
introduction or transmission of viruses. (c)aid, abet or connive in the commission of the acts prohibited
(4) System Interference. — The intentional alteration or reckless under this section.
hindering or interference with the functioning of a computer or
computer network by inputting, transmitting, damaging, deleting, Audiovisual recording device means a digital or analog
deteriorating, altering or suppressing computer data or program, photographic or video camera, or any other technology or device
electronic document, or electronic data message, without right or capable of enabling the recording or transmission of a
authority, including the introduction or transmission of viruses. cinematographic film or other audiovisual work, or any part
(5) Cyber-squatting. – The acquisition of a domain name over the thereof, regardless of whether audiovisual recording is the sole or
internet in bad faith to profit, mislead, destroy reputation, and primary purpose of the device.
deprive others from registering the same.
(6) Computer-related Identity Theft. – The intentional acquisition, 4. RA 9775 “Anti-Child Pornography Act”
use, misuse, transfer, possession, alteration or deletion of
identifying information belonging to another, whether natural or Child Pornography as a Crime
juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower. The elements of child pornography are:
(7) Cybersex. — The willful engagement, maintenance, control, or (1) that there must be of representation of a child;
operation, directly or indirectly, of any lascivious exhibition of (2) that the child is engaged or involved in real or
sexual organs or sexual activity, with the aid of a computer system, simulated explicit sexual activities;
for favor or consideration. (3) that the representation of the child may be visual,
(8) Unsolicited Commercial Communications. — The transmission audio or written form or combination thereof;
of commercial electronic communication with the use of computer (4) that the representation of the child is by electronic,
system which seek to advertise, sell, or offer for sale products and mechanical, digital, optical, magnetic or any other means
services are prohibited. Under RA No. 9775, child pornography refers to any
(9) Libel. — The unlawful or prohibited acts of libel as defined in representation of a child engaged or involved in real or simulated
Article 355 of the Revised Penal Code, as amended, committed explicit sexual activities. RA No. 9775 does not cover adult
through a computer system or any other similar means which may pornography. On the other hand, under RA No.9208 (Trafficking in
be devised in the future. Persons Act), pornography refers to any representation of a person
engaged in real or simulated explicit sexual activities on any
2. RA 9239 also known as “Optical Media Act of 2003". representation of the sexual parts of a person for primarily sexual
purposes.
The law enumerated the following Offenses and its Penalties:
(a) Imprisonment of at least three (3) years but not more than six First Element: Representation of a Child
(6) years, and a fine of not less than Five Hundred thousand pesos
(Php 500,000.00) but not exceeding One Million five hundred The law clearly defined “child" as a person below eighteen (18)
thousand pesos (Php 1,500,000.00), at the discretion of the Court, years of age or over, but is unable to fully take care of
shall be imposed on any person, natural or juridical, who shall: himself/herself from abuse, neglect, cruelty, exploitation or
(1) Engage in the importation, exportation, acquisition, discrimination because of a physical or mental disability or
sale or distribution of, or possess or operate manufacturing condition. However, the laws expanded its definition of child by
equipment, parts and accessories without the necessary licenses adding the following definition:
from the OMB; A. Portrayed Child- For the purpose of RA No. 9775, a child
(2) Engage in the mastering, manufacture, replication, shall also refer to a person regardless of age who is
importation or exportation of optical media without the necessary presented, depicted or portrayed as a child.
license from the OMB; Thus, pornographic materials involving adults pretending
to be children (i.e., women who dress up in school girl
(a) Imprisonment of at least 30 days but not more than 90 days or a uniforms, who wear pigtails, and who act like they are
fine of not less than 25,000.00 pesos but not exceeding fifty children) fall under the category of child pornography. The
thousand pesos at the discretion of the court: rationale behind this is that adults who pretend to be
(1)Knowingly possess items of the same content or title, children in pornographic materials may be encouraging,
produced in violation of this Act, and used for the purpose with the abetting or legitimizing sexual relationship with children.
intent to profit; A person, who pretended to be mentally or
(2) Engaging in the sale, rental, distribution, importation, physically disable to protect himself/herself, from abuse or
exportation of, or any other commercial activity involving optical exploitation, is also considered a child. Medical finding
media that are in violation of this Act. from an expert is not needed to establish his /her mental
condition.
3. Anti-Camcording Act B. Virtual Child- For the purpose of RA No. 9775, a child shall
In order to intensify the campaign against piracy of also refer to a computer-generated, digitally, or manually
copyrighted works, the Congress enacted RA 10088 also known as crafted images or graphics of a person who is represented
the "Anti-Camcording Act of 2010”. Camcording is any of the or who is made to appear to be a child. Cartoon
following acts when copyright subsists in a cinematographic film or pornography, which portrays animated fictional characters
other audiovisual work or its soundtrack and without the engaged in explicit sexual activities, is within the
authorization of the copyright owner or exclusive licensee: contemplation of RA No. 9775. Hentai which refers to
(a)use or attempt to use an audiovisual recording device to sexual explicit or pornographic comics and animation,
transmit or make a copy of any performance in an exhibition facility
 10
particularly those of Japanese origin such as anime, manga circumstances in which a reasonable person would believe that a
or sex game, is covered by RA No. 9775. private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place.
Other Prohibited Acts
2. the act of selling, copying, reproducing, broadcasting, sharing,
1. Creation or production of child pornography- Under showing or exhibiting the photo or video coverage or recordings of
Section 4(a) and (b) of RA No. 9775, it shall be unlawful to such sexual act or similar activity through VCD/DVD, internet,
any person to hire, employ, use, persuade, induce or cellular phones and similar means or device without the written
coerce a child to perform in the creation or production of consent of the person/s involved, notwithstanding that consent to
child pornography, or to produce, direct, manufacture or record or take photo or video coverage of same was given by such
create any form of child pornography. person's.
2. Possession of child pornography- Mere possession of
child pornography is a crime under Section 4(l). However, "Broadcast" means to make public, by any means, a visual image
if possession of child pornography is accompanied by with the intent that it be viewed by a person or persons.
intent to sell, distribute or broadcast the same, it falls on
Section 4(d). The penalty for crime under Section 4(d) is 6. RA 8484 “Access Devices Regulation Act”
stiffer than that for violation of Section 4(l). Displaying in a
market stall DVD discs containing child pornography The law expressly defined the following terms:
constitutes possession of child pornography with intent to
sell under Section 4(d). The person who bought such DVD, 1. Access Device – means any card, plate, code, account number,
may be held criminally liable under Section 4(l). electronic serial number, personal identification number, or other
3. Access to child pornography- Gaining access to child telecommunications service, equipment, or instrumental identifier,
pornography through the internet is punishable under or other means of account access that can be used to obtain
Section 4(j). Under Section 9 of RA No. 9775, an internet money, good, services, or any other thing of value or to initiate a
service provider (ISP) has the duty to notify proper transfer of funds (other than a transfer originated solely by paper
authorities regarding the commission of child pornography instrument);
through the use of its server or facility. 2. Counterfeit Access Device – means any access device that is
4. Luring a child- Luring a child is punishable under Section counterfeit, fictitious, altered, or forged, or an identifiable
4(h). Luring refers to the act of communicating, by means component of an access device or counterfeit access device;
of computer system, with a child or someone who 3. Unauthorized Access Device – means any access device that is
offender believes to be a child for a purpose of facilitating stolen, lost, expired, revoked, canceled, suspended, or obtained
the commission of sexual activity or production of any with intent to defraud;
form of child pornography (Section3 [i]). Example: “A”, 41 4. Access Device Fraudulently Applied for – means any access
years old, pretended to be a 17 year old boy, and stuck up device that was applied for or issued on account of the use of
a relationship with “B” a 13 year old girl, who eventually falsified document, false information, fictitious identities and
convinced to masturbate on a webcam for him. The crime addresses, or any form of false pretense or misrepresentation;
committed by “A” is luring a child.
5. Grooming a child- Grooming a child is punishable under 5. Device Making or Altering Equipment – means any equipment,
Section 4(h). Grooming refers to the act of preparing a mechanism or impression designed or primarily used for making or
child or someone who offender believes to be a child for a altering or reencoding an access device or a counterfeit access
sexual activity or sexual relationship by communicating device;
any form of child pornography. It includes online
enticement or enticement through any other means. 7. RA 8792
6. Pandering child pornography- Pandering child Section 1. Short Title - This Act shall be known as the "Electronic
pornography is punishable under Section 4(i). The verb Commerce Act of 2000."
“pander” means to minister to the gratification of (a) Hacking or crackling with refers to unauthorized access into or
another’s lust. Pandering means the act of selling or interference in a computer system/server or information and
distributing textual or visual material (such as magazines communication system; or any access in order to corrupt, alter,
or video tapes) openly advertised to appeal to the steal, or destroy using a computer or other similar information and
recipient’s sexual interest. communication devices, without the knowledge and consent of the
owner of the computer or information and communications
5. RA 9995 Photo and Video Voyeurism system, including the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft or loss of
RA 9995 provides the following definition of Photo or electronic data messages or electronic documents shall be
video voyeurism: punished by a minimum fine of One Hundred Thousand pesos (P
100,000.00) and a maximum commensurate to the damage
1. the act of taking photo or video coverage of a person or group incurred and a mandatory imprisonment of six (6) months to three
of persons performing sexual act or any similar activity or of (3) years;
capturing an image of the private area of a person or persons (b) Piracy or the unauthorized copying, reproduction,
without the latter's consent, under circumstances in which such dissemination, or distribution, importation, use, removal,
person/s has/have a reasonable expectation of privacy. alteration, substitution, modification, storage, uploading,
downloading, communication, making available to the public, or
The law defined “Capture" as an act to videotape, broadcasting of protected material, electronic signature or
photograph, film, record by any means, or broadcast. Private area copyrighted works including legally protected sound recordings or
of a person means the naked or undergarment clad genitals, public phonograms or information material on protected works, through
area, buttocks or female breast of an individual. The law further the use of telecommunication networks, such as, but not limited to,
provides that “under circumstances in which a person has a the internet, in a manner that infringes intellectual property rights
reasonable expectation of privacy" means the believe that the shall be punished by a minimum fine of one hundred thousand
person could disrobe in privacy, without being concerned that an pesos (P 100,000.00) and a maximum commensurate to the
image or a private area of the person was being captured; or
 11
damage incurred and a mandatory imprisonment of six (6) months 5. Maintainer, Manager or Operator - Any person who maintains,
to three (3) years; manages or operates any illegal number game in a specific area
from whom the coordinator, controller or supervisor, and collector
VI. Other High Profile Crimes or agent take orders.
6. Financiers or Capitalist - Any person who finances the
1. ILLEGAL NUMBERS GAMES operations of any illegal numbers game.
7. Protector or Coddler - Any person who lends or provides
RA 9287 otherwise known as “An Act Increasing the protection, or receives benefits in any manner in the operation of
Penalties for Illegal Numbers Games” defined Illegal Numbers any illegal numbers game.
Games as any form illegal gambling activity which uses numbers or N.B. The possession of any gambling paraphernalia and other
combinations thereof as factors in giving out jackpots. Among materials used in the illegal numbers game operation shall be
those are: deemed prima facie evidence of any offense covered by this Act.

1. Jueteng - An illegal numbers game that involves the 2. Piracy and Highway Robbery
combination of thirty-seven (37) numbers against thirty-seven (37) If the seizure of a vessel for ransom, extortion or other
numbers from number one (1) to thirty seven (37) or the unlawful purpose with violence or intimidation committed on any
combination of thirty-eight (38) numbers in some areas, serving as Philippine Highway the crime committed is Highway Robbery. This
a form of local lottery where bets are placed and accepted per is defined by PD 532 also known as the Anti-Piracy and Anti-
combination, and its variants. Highway Robbery Law of 1974.
2. Masiao - An illegal numbers game where the winning
combination is derived from the results of the last game of Jai Alai Elements of Highway Robbery
or the Special Llave portion or any result thereof based on any 1. There is seizure of any person for ransom, extortion or
fictitious Jai Alai game consisting of ten (10) players pitted against other unlawful purposes or taking away of the property of
one another, and its variants. another
3. Last Two - An illegal numbers game where the winning 2. by means of violence against or intimidation of person or
combination is derived from the last two (2) numbers of the first force upon things of other unlawful means
prize of the winning Sweepstakes ticket which comes out during 3. committed by any person on any Philippine Highway.
the weekly draw of the Philippine Charity Sweepstakes Office
(PCSO), and its variants. Philippine Highway refers to any road, street, passage,
highway and bridges or other parts thereof, or railway or railroad
Persons Liable within the Philippines used by persons, or vehicles, or locomotives
1. Bettor ("Mananaya", "Tayador" or variants thereof) - Any or trains for the movement or circulation of persons or
person who places bets for himself/herself or in behalf of another transportation of goods, articles, or property or both.
person, or any person, other than the personnel or staff of any While piracy is committed by attacking upon or seizure of
illegal numbers game operation. any vessel, or the taking away of the whole or part thereof or its
2. Personnel or Staff of Illegal Numbers Game Operation - Any cargo, equipment, or the personal belongings of its complement or
person, who acts in the interest of the maintainer, manager or passengers, irrespective of the value thereof, by means of violence
operator, such as, but not limited to, an accountant, cashier, against or intimidation of persons or force upon things, committed
checker, guard, runner, table manager, usher, watcher, or any by any person, including a passenger or member of the
other personnel performing such similar functions in a building complement of said vessel, in Philippine waters.
structure, vessel, vehicle, or any other place where an illegal
numbers game is operated or conducted. Evidence Needed to File a Case for Piracy and Highway Robbery
3. Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants 1. Testimonial Evidence – affidavit of the complainant and
thereof) - Any person who collects, solicits or produces bets in witnesses
behalf of his/her principal for any illegal numbers game who is 2. Documentary Evidence – travel receipts and documents, bill of
usually in possession of gambling paraphernalia. lading, police records, forensic reports and other pertinent
4. Coordinator, Controller or Supervisor ("Encargado" or variants documents
thereof) - Any person who exercises control and supervision over 3. Object Evidence – the cargoes and other valuables stolen and
the collector or agent. proceeds of stolen items
4. Other evidence relevant