Organized crime

 are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose
of engaging in illegal activity, most commonly for monetary profit.

Organized Crime (OC) Distinguished from Terrorism

 OC is a non ideological enterprise which would differentiate it from terrorist groups, such as those religiously,
politically, and some socially motivated violent crimes embraced in the technical definition of terrorism

Organized Crime Group (OCG)

 is a structured group of three or more persons existing for a period of time and acting in concert with the aim of
committing one or more serious crimes in order to obtain directly or indirectly a financial or other material
benefit.

OC is organized in a hierarchical manner which makes it “organized”

An Enforcer

• one who make arrangement for killing and injuring (physically, economically and psychologically) the member or
non member.

A Corrupter

• one who bribes, buys, intimidates, threatens, negotiates and “sweet talk” into a relationship with the police,
public officials or anyone else who might help the member security and maintain immunity from arrest,
prosecution and punishments.

A Corruptee

• a public official, usually not a member of the organization family, who can influence on behalf of the
organization interest.

Attributes of Organized Crime (OC)

1. Non-ideological
 No political goal
 They just want to gain money, material or fame/honor
2. Hierarchical
 Authority is defined Bos
 There is chain of command s
 There is delegation of authority Underboss
 Tasks are provided
Captains

3. Limited or exclusive membership Soldiers

 The members of the organization are their family members, close friends or associates.

4. Self-perpetuating

 The OCG continues overtime

5. Use bribery and illegal violence

Bribery Threat Physical Violence Death

6. Demonstrate a specific division of labor

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  In order to maintain chain of custody so that if there are irregularities, they may trace who do it and punish him.

PURPOSE?

 Punishment
 Security
 Specialty

7. Monopolistic

 They monopolized the business so that all the gains will be owned by them.
 They have the control to the business where they can increase and decrease the price

8. Governed by explicit rules and regulation

 “Code of Omerta”
 “Be true inside but not on the outside”

What is the punishment for the violation of this law?

 Death

2 Models of Organized Crime

1. Bureaucratic or Corporate Model

Boss

Underboss Consigliere
2. Presidential Commission on Organized
Crime Model

Captains
Boss, Underboss, Consigliere
ADVISER Core
A retired member/ former boss of the OCG Member
Soldiers/
Members
Lawyers, Corrupt Politician
Protector

Accountant, Chemist
Specialized
Community Agents
support
User
Pushers and users of illegal Support s
products and services

Comparative Perspective in Organized Crime

The word MAFIA is an acronym…….(Italian Word)

 Morta Alla Francia(Death to France), Italia Anela (Italy’s Cry)

What is the original name of Mafia?

 La Cosa Nostra

At one point in their history, what do they called their group?

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  “The Honored Society”

What about their members?

 Mafiosi
 “Men of Honor”
 ” Made Men”

What is known as the most powerful and most active Italian organized crime group in the US?

 It is also considered the second largest organization in Italy.

It is used to describe the assassination of prominent government officials.

 “Excellent Cadaver”

Yakuza or Gokudo (Violence groups)

 Aka “good for nothing”

 The Yakuza or boryokudan, is the most influential organized crime group in Japan.

Ya-Ku-Sa

 its name was originated from the Japanese card game Oicho Kabu, a card game that represents the numbers
eight, nine and three – the total is 20, a useless number that means also a bad fortune for the player.

The ff are some characteristics of the yakuza:

1. Members usually wear sunglasses and colorful suits so that their profession could be immediately recognized by
civilians

2. Members walk arrogantly with wide gaits (manner of walking)

3. Members dress conservatively and flash their tattoos only when the need arises
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Yakuza Rituals

1. Yubitsume
 for the first offense, the transgressor must cut off the tip of his left little finger and hand the severed portion to
the boss as a form of penance or apology. Sometimes, the Underboss may do this himself to spare a member of
his gang
2. Irezumi
 hand-poked full-body tattoos for the members through hand-made and hand-held tools with needles of
sharpened bamboo or steel
3. Pearlings
 one pearl is inserted into the skin of the penis of the member for every year in prison
4. Oicho-Kabu
 the members, whenever they play this card game, are given the chance to display their tattoos to the other
members as they normally keep them concealed with long-sleeved and high-necked shirts
5. Sake-sharing ceremony
 is used to seal bonds of brotherhood between individual yakuza members or groups

Q. It refers to Chinese societies common mystical symbol; an equilateral triangle representing Chinese basic concept
of Heaven, Earth and Man.

Ans. Chinese Triad

 These OC are highly skilled in Martial Arts, therefore police officers special unit created in combating OC, must
be more than physically fit.

Tongs

 originated among early-marginalized Chinatown communities to protect themselves from the natives, but
because it had no political motives, they soon found themselves involved in criminal activities like extortion,
gambling, human trafficking, murder and prostitution.

1. Columbian Medellin Cartel

 Founded during the 1980’s by Colombian drug lords in the name of Pablo Escobar Gaviria and drug bosses Jose
Gonzalo Rodriguez Gacha and the top aid cocaine barons Juan David and the Ochoa Brothers.
 The Medellin Cartel is reputedly responsible for organizing world’s drug trafficking network.

2. The Cali Cartel

 The downfall of the Medellin Cartel is the rise of the Cali Cartel- the newly emerged cocaine monopoly.
 The cartel produces over 90% of cocaine in the world. Due to this, it was called the best and the brightest of the
modern underworld. “they are professionals of the highest order, intelligent, efficient, imaginative, and nearly
impenetrable”- US- Drug Enforcement Agency.

Boss
Soldiers
Soldiers
Soldiers

 Gilberto Rodriguez Orajuela- better known as “Don Chepe”- “the chess player” heads the syndicated
organization. Under him, the Cali Cartel was considered the most powerful criminal organization in the world.

Extradition Treaty

 Columbian government allowed the extradition of the Columbian members of the Cartel to US and to be tried in
US courts.

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When they are just starting their illegal activity, what drugs are they trafficking?

 Marijuana

Organized Crime Groups in the Philippines

Francisco Group

 formerly called the Dragon or Kuratong Baleleng Group

 led by Manuel Francisco

Pentagon Group

 It is headed by Tahir Alonto

 it is a creation of the Moro Islamic Liberation Front (MILF)
 Most of the members are also listed as members of the MILF.

What is the main purpose of the creation of pentagon group?

 To generate funds for the MILF and insulate MILF members from criminal accusations.

Lost Command KFR Group

 is mainly composed of ex-soldiers and ex-policemen who were rendered jobless after the 1986 EDSA Revolution.
 Most of its members are seasoned combatants and have good background in intelligence works.

Waray-Abuyog Group

 is composed of hardened criminals from Samar and Leyte.

Akyat Bahay Gang

 is known as a violent home invasion-oriented gang which also has a history with drug dealing.

Bahala Na Gang("Come What May")

 A tattoo of a Question Mark (?) is their identity as members of the gang located in any of the parts of their body.

Sigue Sigue Comando Gang

 is one of the largest Gangs in the Philippines. It has thousands of members all over the Philippines.

The Organized Crime Situation in the Philippines

Drugs Trafficking

What is the most abused drugs in the Philippines?

 Shabu

What is the most active and indispensable ingredient of shabu?

 Ephedra or ephedrine
 Crank Bugs

Kidnapping

• A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business or a
substantial distance from the vicinity where he find or if he unlawfully confines another for a substantial period
in a place of isolation.

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Kidnapping VS. Hostage Taking

Kidnapping Hostage Taking

MEANS OF COMMUNICATION Online/ Electronic Communication Face to face communication

(CP/Telephone/ Radio)

LOCATION Unknown Known

Modus Operandi of KFR Groups

1. Spotting – this is the stage of identifying probable victims.

2. Surveillance – it is conducted to obtain data to ensure success of the Kidnapping.

3. Risk Analysis and Target Selection – Surveillance report is then analyzed and victim is selected as a result of the
data. Plan is also prepared.

4. Abduction of Victim – the act of abducting implemented as agreed or planned.

5. Ransom for Demand – amount of money is then relayed to the party of the victim and negotiation by the police
may happen during this stage unless earlier or later detected.

6. Collection of Ransom – money is then collected and life here is in danger if agreement was never meet.

It is considered as the most organized among the crime groups.

 Bank robbery groups

What is RA 6539 ?

 Anti-Carnapping Act of 1972

Elements of Carnapping

 That the offender must have taken a motor vehicle (mean: Any vehicle propelled by means other than muscular
power using the public highways, but excepting road roller, trolley car, street sweeper, sprinkle, lawnmower,
bulldozer, grader, forklift, amphibian trucks and crane, tractor, trailer and all kinds used exclusively for
agricultural purposes.) belonging to another;
 That the taking is with intent to gain; and
 That the motor vehicle was taken without the owner’s consent or by means of violence against or intimidation
of persons, or by using force upon things.

Businesses of Organized Crime

1. Corruption

• acting on opportunities, created by virtue of one’s authority, for personal gain at the expense of the public as
one is authorized to serve.

2. Graft

• refers to exploitation of one’s role by accepting bribes or protection money.

What is the anti-graft and corrupt practices act?

 RA 3019

REPUBLIC ACT No. 10589

 AN ACT DECLARING DECEMBER OF EVERY YEAR AS "ANTI-CORRUPTION MONTH" IN THE ENTIRE COUNTRY

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  Approved: MAY 27 2013

What is the lead agency that was designated under RA 10589 for coordination purposes on the said program?

 Office of the Ombudsman

What is the anti- plunder law?

 RA 7080

Patronage- favoring supporters during the previous election

Nepotism- favoring relatives

Cronyism - favoring personal friends

Embezzlement

 theft or misappropriation of entrusted resources

vs.

Kickback

 it is the official’s share of misappropriated funds from his office made possible by corrupt bidders

3. Gambling
 it is the wagering of money or something of material value with the intent to win more but the outcome is
uncertain.
 Game of chance or luck

What is the law simplifying and providing stiffer penalties for violations of Philippine gambling laws?

 PRESIDENTIAL DECREE NO. 1602

What is the term called for gambling that is permitted by law?

 GAMING

4. Loan sharking

 is the lending of money to another wherein the percentage of the principal is too high (usurious interest) for the
lender to pay his debt and the collection is done by force or intimidation.

What is the other term for loansharking?

 Shylocking

5. Pornography

 is the depiction of explicit sexual subject matter for sexually exciting the viewer.

Sub Genres of Pornography

 Softcore - refers to pornography that does not depict penetration

 Hardcore - pornography that depicts penetration explicitly

It is an act defining the crime of Child Pornography, prescribing Penalties therefore and for other purposes.

 RA 9775

6. Prostitution

 is the act or practice of engaging in sex acts for hire.

 It is considered as a victimless crime.

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 Terms used in Prostitution:

Whore

 The usual term for a commercial sex worker or sex trade worker

Hooker or street walker

 One who solicits customers in public places

Call girl

 Makes appointments by phone

Kerb crawlers

 Men who drive along red-light districts to solicit prostitutes (costumer).

Gigolo

 Male prostitute who offers services to female customers

Hustlers or Rentboys

 Male prostitute offering services to male customers

Pimps (male) and Madams (female)

 organizers of prostitution or procurers for customers

Johns or Tricks

 the customers of prostitutes in North America

Punters

 the British customers of prostitutes

Types of Prostitution

Escort prostitution

Out Call

 the act takes place at the customer’s residence or at his or her hotel room

In Call

 at the escort’s residence or in the hotel room rented for the occasion by the escort

Lot lizard

 Serves the trucking industry

Street prostitution

 Solicits customers in street corners or walking the streets.

Skeezers

 Trade sex for illegal drugs

Sex tourism

 The commercial sexual relation by the tourist with residents at the destination

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Philippines
• Where is considered as the haven for sex industry?

Thailand
• It is considered as the most notorious in the world in terms of sex industry, importing at least one (1) million
women from China, Laos and Vietnam.

REPUBLIC ACT NO. 10158

 THE ACT DECRIMINALIZING VAGRANCY

 Approved on March 27, 2012

Trafficking in Persons

 Recruitment, transportation, harboring, or receipt of people for the purpose of slavery, prostitution, forced
labor and servitude.
 It includes the act of removal or sale of organ.

What is the Anti Trafficking in persons act of 2003?

 RA 9208

REPUBLIC ACT No. 10364

 "Expanded Anti-Trafficking in Persons Act of 2012″

 Approved: FEB 06 2013

Slavery

• the submission to a dominating influence or the state of a person who is chattel of another.

Slave

a person held in servitude as the chattel of another.

White slavery

 engagement in the business for profit, or enlistment of services of any other person for the purpose of
prostitution.

Money Laundering

 It is the practice of disguising illegally obtained funds so that they may seem legal.
 Converting illegal money to a legal one.

What is the anti- money laundering act of 2001?

 REPUBLIC ACT 9160-as amended by RA 9194

REPUBLIC ACT NO. 10167

 AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY LAUNDERING LAW.

 Approved: June 06, 2012

Freezing of Monetary Instrument or Property

 Upon verified  petition by the AMLC and after determination that probable cause exists that any monetary
instrument or property is in any way related to an unlawful activity, will be issued a freeze order, which shall be
effective immediately.

Who is the authorized agency to issue a freeze order in accordance with RA 10167?

 Court of Appeals
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No court shall issue a temporary restraining order or a writ of injunction against any freeze order. Who is only
authorized by law to issue TRO as an exemption?

 Supreme Court

REPUBLIC ACT NO. 10365

 AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW.

 Approved: FEB 15 2013

"Money laundering is also committed by any covered person (Banks, non-banks, quasi-banks, trust entities, foreign
exchange dealers, pawnshops, money changers, remittance and transfer companies) who, knowing that a covered or
suspicious transaction is required under this Act to be reported to the Anti-Money Laundering Council (AMLC), fails to do
so."

Steps of Money Laundering

1. Placement

 is the physical disposal of the money by putting them into the financial system, usually through Smurfing and
Immersion.

2. Layering

 also called heavy soaping

 conversion of cash into monetary instruments and the conversion of tangible assets obtained by means of cash
purchases.

3. Integration

 also called spin dry

 the money is again available to the criminal with its occupational and geographical origin hidden.

Ponzi/Pyramid Schemes

 Pyramid schemes focus on the exchange of money and recruitment.

 At the heart of each pyramid scheme there is typically a representation that new participants can recoup their
original investments by inducing two or more prospects to make the same investment.

Cyber Crime
 Any offense that is committed by a computer, computer system or computer network

What is the anti cyber crime law of 2012?

 RA 10175

Reasons of the Vulnerability of Computers

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 1. Capacity to store data in a relatively small space

2. Easy to access

3. Loss of evidence

Onel De Guzman

 Had made the “I LOVE YOU VIRUS”

 It originates in the country May 4, 2000 and spread itself around the world in one day from Hongkong to Europe
to United States. Like other corporations, the Pentagon, CIA and British Parliament had to shut down their mail
systems.

Manners of Committing Cyber Crimes

Hacking

Unauthorized access into or interference in a computer system in order to corrupt, alter, steal, or destroy using a
computer or other similar information and communication devices.

WHAT IS THE OTHER TERM FOR HACKING?

 CRACKING

Kinds of Hacking

Denial of Service Attack

 The bandwidth of the victim’s network is flooded or his e-mail box is filled with spam mail depriving him of the
services he is entitled to access or provide.

Virus Dissemination

 This is usually done by means of a malicious code or software.

Web Defacement

 This is the act of the intruder into a server and changing without permission all the aspect of a website which the
public can see

Salami Attack

 Logic bombs are introduced into the bank’s system that result to the deduction of an insignificant amount from
every account and transferred into a single account

Virus or worm attack

 Viruses are programs that attach themselves to a computer or a file and then circulate to other files or to the
other computers on a network.

What is the kind of virus that eats up the available space on a computer’s memory?

 Worms

Logic Bombs

 Viruses that lie dormant and only become active at particular dates

Internet Time Theft

 the internet surfing hours of the victim are used up by another person without his consent

Web Jacking

 the hacker gains access and control over the web site of another.

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Software Piracy

 software are stolen through the illegal copying of genuine programs and the products distributed to the
customers

Phishing

 a form of identity theft in which scammers send mass emails posing as banks, credit card companies, popular
commercial web sites, asking the recipients to confirm or update financial information in a hyperlink in order to
appear like it came from the original website

Cyber Stalking

 the criminal follows the victim by sending emails, and frequently entering the chat rooms that causes an
intentional, substantial and unreasonable intrusion into the private life of the person.

What will be the result of cyber stalking to the victim?

 mental distress

Cyber Defamation/ Libel

 The use of the computer system to make false statements against a person thereby injuring his reputation

Computer vandalism

 Any physical harm done to the computer set. (e.g. defacement of website.)

Cyber Terrorism

 It is the premeditated use of disruptive activities, or the threat thereof, in cyber space, with the intention to
further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of
such objectives.

Republic Act No. 8792 or the E-commerce Law

 was signed into law which punishes certain crimes such as computer hacking and intrusion of viruses and worms
to computer networks.

R.A. 8484

 Access Device Regulation Act of 1998.

Access Device

 Is any card, plate, code, account number, electronic serial number, personal identification number or other
means of account access that can be used to obtain money, goods, services.
 It includes Credit Cards.

CYBER SEX

 Is a sexual activity of arousal through communication using the computer.

 Cybersex-for-pay employs the Internet and utilizes computer cameras and microphones that allows client to see
and talk to girls doing the role play for them

According to CIDG, where are the cybersex “hot spots” here in the Philippines (2014)?

 Angeles Pampanga
 San Fernando Pampanga
 Las Pinas
 Davao

R.A. 8293
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  the Intellectual Property Code of the Philippines that tries to protect patents, industrial design, trademarks and
copyright

Patent

 is the statutory grant, by government, which confers to an INVENTOR to exclude others from making, using,
selling or importing the invention within the territory of the country that granted the patent.

How many years will be the patent of an invention will be protected?

 17 years

Copyright

 is the system of legal protection an author enjoys in the form of EXPRESSION OF IDEAS.
 The holder of the copyright enjoys the right to reproduce, distribute, display, perform, and to prepare derivative
works based on the copyrighted work

REPUBLIC ACT NO. 10372

 AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293,

 Approved: FEB 28 2013

TERRORISM
What is the main purpose of terrorism?

 “To inflict Massive Fear”

Terrorism

 It is a threat or actual use of force or violence for political or other purpose, to foster fear, insecurity, distrust
and unrest among the people
 The commission of crimes (rebellion, murder, kidnapping, hijacking etc.) that sow or create 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. (R.A. 9372 or the H.S.A.)

REPUBLIC ACT NO. 10168 

 "The Terrorism Financing, Prevention and Suppression Act of 2012”

 June 20, 2012
 The State shall reinforce its fight against terrorism by criminalizing the financing of terrorism.

DOMESTIC TERRORISM

 Involves persons or groups committing a terrorist act/s in their own country.

INTERNATIONAL TERRORISM

 Involves citizens or the territory of more than one country.

Religious Terrorism

 Terror in the Mind of God”.

 Terrorizing for religious purpose (terrorist activity motivated by religion.)

In the Philippines, where is considered as the ‘terrorist safe haven’?

 Southern Philippines

Moro National Liberation Front (MNLF)

 The Moro National Liberation Front's primary goal was the creation of an autonomous Muslim state in the
southern Philippines.

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Who is the founder and leader?

 Nur Misuari

Moro Islamic Liberation Front (MILF)

 The Moro Islamic Liberation Front (MILF) is a splinter of the Moro National Liberation Front (MNLF). Following a
failed 1977 accord between MNLF and the Philippine government, MNLF's second-in-command broke away
from the group. Hashim Salamat then created the Moro Islamic Liberation Front.
 Publicly, the Moro Islamic Liberation Front demanded a fully independent Muslim state in the southern
Philippines. However by the late 1990s, the MILF had begun negotiations for simply an autonomous Muslim
region. By 1997, MILF had begun negotiations with the Philippine government.
 The Moro Islamic Liberation Front and the Philippine president Gloria Arroyo signed a peace agreement in June
2001.

Abu Sayyaf Group (ASG)

 The ASG was founded in 1991 by radical Moro National Liberation Front (MNLF) members who objected to the
MNLF's negotiations with the Philippine government.
 Abu Sayyaf, which literally means “bearer of the sword" in Arabic.
 The group's first major attack came in 1991, when an Abu Sayyaf grenade killed two American evangelists.
 Its first leader was Abdurajak Janjalani
 From 1998 the group was led by Khadaffy Janjalani

New People's Army (NPA)

 The New People's Army (NPA) was created as the armed wing of the outlawed political organization, the
Communist Party of the Philippines, Marxist-Leninist (CPP-ML).
 From 1969 to 1976, the People's Republic of China provided material support to the New People's Army.
Following the cessation of China's support, the NPA went through a five-year period of weakness.
 Overthrow the Filipino government and replace it with a communist/socialist state.

Who is known as the founder of NPA?

 Jose Maria Sison (1969)

Bangsamoro Islamic Freedom Fighters (BIFF)

 It is a group of radical armed Muslims espousing independence in the Southern Philippines.

Who is the leader?

 Ustadz Ameril Umbra Kato

Where is there operation?

 Central Mindanao

Jemaah Islamiyah

 which is based in Indonesia and has operated in the Philippines, has had particularly strong ties to al-Qaeda.

Al-Qaeda

 "the base" in Arabic—is the network of extremists organized by Osama bin Laden.
 More than a month after bin Laden's death al-Qaeda named Dr. Ayman al-Zawahiri, al-Qaeda's theological
leader, as its leader.

Difference between Genocide and Massacre

Genocide

• It is the intentional destruction of a national ethnic, racial, or religious group of people.

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Massacre

 The mass killing of people without selection

The Government’s Three-tiered Defense System

A. Target Hardening
 this is envisioned through education, information dissemination and in-depth study of the criminals’ modus
operandi through data gathering.
B. Intelligence
 involves the gathering, processing and use of intelligence information.
C. Incident Management
 crimes, especially those that affect national security, are effectively managed in order to lessen their effects to
the community and see to it that as much as possible, they will not happen again.

Philippine Drug Enforcement Agency (PDEA)

 it is patterned after the USDEA and is the lead agency in the implementation of RA 9165

Anti-Illegal Drug Special Operations Task Force (AIDSOTF)

 it supports the PDEA in its campaign against illegal drugs.

National Anti-Kidnapping Task Force (NAKTF)

 is tasked to lead a national, integrated, comprehensive and synchronized effort to reduce, if not eliminate
kidnapping in the country.

Philippine Center On Transnational Crime (PCTC)

 it was created by EO 62 and is mandated to formulate and integrate a concerted program of action of all law
enforcement, intelligence and other agencies for the prevention and control of transnational crime.

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