Organized Crime Investigation

Definition of Organized Crime

Is characterized as a structured group of three or more persons existing for a period of time and
acting in concert with aim purpose of committing one or more serious crimes or offenses established
pursuant to the said convention, in order to obtain , directly or indirectly a financial or other material
benefits.

In the Philippines
It is a profit motivated and highly capable group of persons or an enterprise organized in
undertaking widespread, regular or long term, large scale, high-profile, and diversified criminal
activities that has high impact on the economy and national security of the country.

Organized Crime - A complex set of people and functions interrelated in hierarchical structure
specifically for the purpose of attaining set goals.
- are American inventions that have been superimposed on a heterogeneous European crime
landscape. It becomes a criminal activity by an enduring structure or organization developed and
devoted primarily to the pursuit of profits through illegal means. It is sometimes referred to as the
MOB, MAFIA, "syndicate" or the COSA NOSTRA, and others from different parts of the world
which are known as the enemy within, the 2nd government, the 5th state or the crime confederation.

Syndicate - a body of persons associated for some design and undertaking which is usually a bold and
difficult one.

Mafia - The organization most commonly associated with organized crime, a term that writers,
filmmakers, historians, and others often use as a benchmark for understanding the phenomenon of
organized crime

The Criminal Group

The criminal group represents the core of the organized crime unit, which is made up of persons who
utilize criminality, violence, and a willingness to corrupt in order to gain power and profit. The
following are characteristics of the criminal group.

1. Continuity. The group recognizes a specified purpose over a period of time and understands that
the organization will continue operating beyond the lifetimes of individual .members. The
organization also realizes that leadership will change over time and that group members work to
ensure that the group continues and that their personal interests are subordinate to those of the
group.
2. Structure. The criminal group is structured as a collection of hierarchically arranged
interdependent offices devoted to the accomplishment of a specific function. This means that it
can be either highly structured, like the La Cosa Nostra, or extremely fluid, like the Colombian
drug cartels. In any case, it is distinguishable by ranks that are based on power and authority.
3. Membership. The core of the criminal group is based on a common trait such as ethnicity, race,
criminal background, or common interest. Close scrutiny is given to potential members of the
group to prove their loyalty to the group. In most instances membership requires a lifetime
commitment. Rules of membership include secrecy, a willingness to commit any act for the
group, and intent to protect the group. In return, members receive benefits from the group, such
as protection, prestige, opportunities for economic gain, and the all-important "sense of
belonging" to the group.
 4. Criminality. Like any industry, organized crime is directed by the pursuit of profit along well-
defined lines. The criminal group
relies on continuing criminal activity
to generate income. Some activities,
such as supplying illegal goods and
services, produce revenue directly,
while other activities, which include
murder, extortion, and bribery, are
used to ensure the group's ability to
make money and gain power. While
some groups are engaged in a number
of illicit businesses, others restrict
their efforts to one specific criminal
activity, such as drug trafficking.
Accordingly, many criminal groups
are also engaged in legitimate
business enterprises that allow the
skimming and laundering of money.
5. Violence. Comprising an integral part
of the criminal group are violence
and the threat of violence. Both are employed as a means of control and protection for members
and nonmembers who are associated with protecting the interests of the organization. Members
are expected to commit, condone, or authorize violent acts. When the interests of the
organization are threatened, murder is commonplace. Violence can be employed either to silence
potential witnesses or to punish people as a warning to others.
6. Power and profit. Members of the criminal group are united in that they work for the group's
power, which results in its profit. Political power is achieved through the corruption of public
officials. The group is able to maintain its power through its association-with criminal protectors.

Protector - include corrupt public officials, businesses persons, judges, attorneys, financial advisors, and
others, who individually (or collectively) protect the interests of the criminal group through abuses of
their status or by breaching their vested authority.
Specialized Support - The criminal group and the protectors rely heavily on skilled persons. Unlike the
members of the criminal group and the protectors, these people do not share a commitment to the
group's goals, but they are still considered part of organized crime.
User Support - Another vital component in the success of organized crime. This group of persons
provides the criminal group with their audience of consumers: persons who purchase organized crime's
illegal goods and services, such as drug users, patrons of bookmakers and prostitution rings, and people
who knowingly purchase stolen goods.
Social Support - Persons (and organizations) belonging to the social support group grant power and the
perception of legitimacy to organized crime in general and to specific members of the criminal group.

Traditional Organized Crime Structure:

1. Boss - The model consists of a supreme leader known as the boss, who oversees all organizational
endeavors and has the final word on decisions involving virtually all aspects of family business.
Bosses are typically older members of the family who have proven their allegiance over a number of
years during their affiliation with the family.
2. Consigliere - A close associate of the boss is the consigliere or counselor, who enjoys a
considerable amount of influence and status in the family. The consigliere, often a lawyer, serves the
boss as a trusted advisor.
3. Underboss - The next highest position in the family is the underboss, who works at the pleasure of
the boss and acts in his behalf when the boss is incapacitated (e.g., sentenced to prison, becomes ill,
etc.). Underbosses are trusted, older members of the family whose primary role is to relay
instructions to those occupying lower positions in the family.
4. Capos - Rank and file under the underboss begins with the caporegime or capos, which are
considered as a sort of midlevel manager. One of the primary roles of a capo is to serve as a buffer
between the lowest-level members and the upper-level members of the family. In doing so, the capo
is the trusted go-between through which all communications flow from the boss to the lowest-level
members.
5. Soldiers - The lowest-level members of the family are the soldiers. Soldiers, also known as "wise
guys," "made guys," or "button men," report directly to the capo and will often operate at least one
specific criminal enterprise. These include loansharking, gambling, drug trafficking, and so on. The
soldiers' job is the constant search for new sources of revenue for the family.

The way organized group works - commonly, for the organization to work there must be:

1. An Enforcer - one who make arrangement for killing and injuring (physically, economically,
and psychologically) the member or non member.
2. 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.
3. A Corruptee - a public official, usually not a member of the organization family, who can wield
influence on behalf of the organizations interest.

Characteristics of Organized Crimes

1. It is a conspiracy activity involving coordination of members.
2. Economic gain is the primary goal.
3. Economic goal is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates, and victims.
6. 6. Organized crimes does not include terrorist dedicated to political change.

Generic Types of Organized Crimes

1. Political Graft - manned by political criminals (political graft), who use force and violence of a
means to obtain profit or gain, and or achieving political aims or ambitions. An example of this
is vote buying, and the employment of private armies to control a certain political area.
2. The Mercenary/Predatory Organized Crime - crimes committed by groups for direct personal
profit but prey_ upon unwilling victims.
3. In-Group Oriented Organized Crime -group manned by semi organized individual whose
major goals are for psychological gratification such as adolescent gangs.
4. Syndicated Crimes - the organization that participates in illicit activity in society by the use of
force, threat, or intimidation. The group with a formal structure, whose purpose is to provide
illicit services, which are in strong public demands through the use of secrecy on the parts of the
associates. There is assurance of protection necessary for its operations

Essential Composition of Organized Crime:

Organized crime needs professional criminals to successfully operate in the

organization.

Professional crimes - refer to occupations or their incumbents, which posses various traits, including
useful knowledge that requires lengthy training, service orientation and code of ethics that permits
occupations to attempt to obtain autonomy and independence with high prestige and remuneration.

Criminological Types of Organized Crimes

1. Traditional crime syndicates.
2. Non-traditional crime syndicates.
3. Semi-organized crime syndicates.
4. Politically controlled organized crime.

Evolution and Growth of Organized Crime:

Organized Crime in Asia

It has been said that organized crime in Asia is evolutionary, adopting to changing political conditions,
warfare's, and the development of technology, communications, travels and the emergence of a global
economy. These organized and enterprising crime groups focus mostly in the following activities;
 a) Drug trafficking
b) illegal migration,
c) arms trafficking,
d) exploitation of women and children, and
e) Wide spread public and private corruptions.

Some of the Asian Organized Crime Groups

• Triads and Tongs in Hong Kong and China

• Yakuza in Japan
• United Bamboo gang in Taiwan
• Warlords in Myanmar
• Nam Cam gang in Vietnam, and
• Other ethnic entrepreneurs throughout Asia
China Organized Criminal Groups, comes in two forms:

1. Gangs (triads) - work in cooperative ventures involving black market activities, large burglaries,
thefts, and highjackings. Other activities of these groups include extortion of small business.
2. Criminal Syndicates - commonly involved in more sophisticated crimes such as prostitution,
illegal immigration, slavery and other organized forms of vices.

Yakuza or Boryokudan - is the most influential organized crime group in Japan.

Other Organized crime groups in the Asian Countries:

 Taiwan Organized Crime Groups - have direct connections with bamboo Union gangs, it has
close relationship with the triad groups from China and Hong Kong with primary crime activities
into drug trafficking, prostitution, child and women smuggling aggravated by parents who sold
their young daughters to criminal groups.
 Singapore - the country which has the lowest cases of organized activities due to stringent laws
and severe penalties and the government strong will power for the implementation of laws.
 Philippines - considered the heaven for the sex industry, organized criminal groups virtually
control every aspect of the commerce in women and child trafficking. Thousands of women are
sent to Japan, Thailand and other countries as entertainers and most end up as prostitutes. Also a
major provider for young children to pedophiles on the so-called sex tours.
 Thailand - considered the most notorious in the world in terms of sex industry, importing at
least one (1) million women from China, Laos and Vietnam.
 Vietnam - most of the organized crime groups operating in this country are based in other Asian
countries. It influence Vietnamese, such that, it groom its organized criminal groups mostly
affiliates of the “Nam Cam Gang”, these organized groups are involved in corruption of public
officials and the police. It ranks among the top 26 drug producing and trafficking countries in the
world. It becomes one of the major transit points of drugs from Laos, Myanmar, China and
Taiwan from Cambodia.

Basic types of Organized Criminal Structures in Europe:

a) The Sicilian Mafia (Cosa Nostra) - this is often regarded as the archetype of organized crime and
has been the subject of controversy. The Mafia, or Cosa Nostra, is a secret association with a
clearly defined membership, at the same time, it is a reflection of more general social and
cultural conditions in southern Italy that have also produced other mafia groups in Sicily outside
Cosa Nostra, but with essentially the same purpose and functions.
Cosa means a family consisting of a handful to over 100 members under the leadership of
a capo. Each family claims an illicit monopoly in a certain territory. They are coordinated on the
provincial level by a so-called commisionne or copula. Above the provincial level, a
commisionne interprovinciale has been created as the supreme coordinating body.

b) The Russian Mafia and the Vory V. Zakone - this is the Sicilian counterpart, it is linked to a
territorially based provision of protection services and to alliance between upper-world and
underworld.
Organized Crime in Latin America

Two dimensions of common crime and political in Latin America:

a. The Positive and Explanatory level - it is understood that political criminal differ from
their ordinary brother, basically in their intentions and not in their actions. It is thought
that the common criminal is inspired to seek personal financial reward, while the political
delinquent is socially and altruistically motivated. Another description for political
lawbreakers is that of a social bandit.
b. The Normative Dimension - the theory support that only ordinary criminals should be
penalized and the rebel must be accorded a privilege treatment.

La Cosa Nostra (LCN) - also known as the Mafia, the Mob, the outfit, is a collection of Italian
American organized crime "families" that has been operating since 1920's. it was the most prominent
criminal organizations in the U.S. despite prosecutions and stiff competitions, the LCN remains an
organization to recon because it gain control over labor unions, organized employer cartels, operated as
a rationalizing force in major industries, and functions as a bridge between the upper-world and the
underworld.

LCN Organizational Structure (family) - the Family has a boss who exercise general oversight of the
family and makes executive decisions.
a. The under-boss - is second in command
b. Senior adviser or Consigliera - act as screener
c. Capo-regimes - supervise crews made up of soldiers
d. Soldiers - members of the organization
e. Good Fellows or wise guys - made members of Italian decent, consist of males.

The Trafficking, Smuggling Business

1. The stages - smuggling usually comes into at least three phases: recruitments, transfer
and entrance into the destination country. But human trafficking goes further to
exploitation which may take place in a variety of markets operating in the destination
country.
2. The routes - selected friendly routes with soft state to traffic human beings and smuggle
migrants, this routing have rules of themselves:
a. Already tested routes - these are determined through criminal expertise, less risky
countries and borders; with opportunistic countries.
3. The victim - the lowest common denominator of all trafficking and smuggling victims is
their vulnerability, which may depend on a set of variable deriving from the fact that a
person has no physical, material, social or psychological resources with which to resist
the blandishments of traffickers/smugglers.

Europol Distinctions of Types of Victims

1. Exploited victims - those who have worked in sex industry in their own country and are
recruited for similar work in the destination country.
2. Deceived victims - consist of women recruited to work in the service or entertainment industry
of the destination country.
3. Kidnapped victims - women who have been kidnapped and are therefore unwillingly from the
outset.

R.A. 9208 "the Anti-Trafficking in Person Act of 2003" - An act to institute policies to eliminate
trafficking in persons especially women and children, establishing the necessary
institutional mechanism for the protection and support of trafficked persons, providing
penalties for its violations, and for other purposes.
RA 9262 - An Act defining Violence against Women and their Children, providing for protective
measures for victims, prescribing penalties therefore, and for other purposes.
Battered woman syndrome - refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.
Battery - refers to an act of inflicting physical harm upon a woman or her child resulting to the physical
and psychological or emotional distress.
Child - refers to a person below eighteen (18) years of age or one who is over eighteen but is unable to
fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of the physical or mental disability or condition.
Computer crime - any crime accomplished through special knowledge of computer technology.
Computer virus - a computer code designed to alter or destroy data in an existing computer program.
The name computer virus is derived from its ability to infect or replicate other computers.
Dating relationship - refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.
Debt bondage - refers to the pledging of the debtor of his/her personal services or labor or those of a
person under his/her control as security or payments for a debt, when the length and nature
of services is not clearly defined or when the value of the services as reasonably assessed is
not applied towards the liquidation of the debt.
Forced labor or slavery - refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation
of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
Involuntary servitude - refers to a condition of enforced, compulsory service induced y means of any
scheme, plan or pattern, intended to cause a person to believe that, if the person did not
enter into or continue in such condition, that person or another person would suffer serious
harm or other forms of abuse or physical restraint, or the abuse or threatened abuse of the
legal process.
Pornography - refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engage in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primary sexual purposes.
Prostitution - refers to any acts transaction, scheme or design involving the use of a person by another,
for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.
Sex tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consist of tourism packages or activities utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services practices offered
during rest and recreation periods for members of the military.
Sexual exploitation - refers to participation by a person in prostitution or the production of
pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force abuse of authority, debt bondage, fraud or trough abuse of a victim's
vulnerability.
Stalking - refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination hereof.
Trafficking in person - refers to the recruitment, transportation, transfer or
harboring, or receipts of persons with or without the victims consent or knowledge,
within or across national borders by means of threat of use of force, or other forms
of coercion, abduction, fraud, deception, abuse of power of position, taking advantage of
the vulnerability of the person, or, the giving or receiving of payments or benefits
to achieve the consent of person having control over another person for purposes of
exploitation which includes at a minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs.
White collar crime - it is a euphemistic phrase expressive of the nature of the act but less distasteful
and less offensive than the use of the terms: terrorist, saboteurs or scam. In simple tone, it
refers to the same song only in different tune. Or, it is an expressive description of the actor
than the act, the style than the substance and the vivid portrayals of the doer than the nature
of the acts. This distinction is crucial to enlighten the cloud of confusion between white-
collar crimes and common criminals.

Historical Types of Transnational Crimes

Slavery as Transnational Crimes

Slavery - the submission to a dominating influence or the state of a person who is a 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.
Piracy - refers to robbery in the high seas and or the unauthorized use of another's production,
invention, or conception especially in infringement of a copy right.
Smuggling - the act of conveying or introducing surreptitiously or to import export secretly contrary to
law and especially without paying duties imposed by law-
Illegal Entry - crossing borders without complying with the necessary requirements for legal entry into
the receiving state.
Scam - refers to very broad spectrum of illegal activities committed which has a wide negative effect.
Whether committed by public officers or a group that are so organized that their existence
is very hard to trace. These activities are well connected in a series of networks mostly to
influential people.
Transnational - refers to the borders defining territorial boundaries of nations. The relationships of
these nations beyond their borders are treated as transnational business. Whether it is legit
or illicit.
War Crimes - crimes committed in violation of the code of war. It is directed often to the innocent
civilian of protagonist nations.
Genocide - during war, or in pursuit of an ideology, this is committed for purposes of extinction of a
certain race or group who are hostile to a ruling party of government. This only happens
when the incumbent government is under the regime of a dictator or authoritarian.
Smuggling of Humans - the exporting and importing of human beings for purposes of exploitation. The
originating nation and the receiving nation are the main victims of these illicit trades of
organized criminals. The direct victims are commonly children and women. These victims
are commonly found to be called undocumented aliens.
International Cooperation - through treaties spearheaded by the United Nations, participating nations
signed for and in behalf of their government on the terms and conditions on a matter of
issue.
Wild Beast without nationality - the uncertainty of origin of a certain group or organization operating
or existing in a territory.
International Crimes - crimes committed by criminal groups that transcend territorial borders.
Anticolonialism - refer to the body of actions by local settlers on the control of other foreign nations
intruding on their independence or solemn existence.
Neocolonialism - refers to introduced changes on foreign policies being implemented by colonizing
nation to the local population of the colonized territory. It is often for the purpose
alleviating or putting into right perspective what is beneficial to the local and existing
government and for the interest of the greater majority.
International Regime - refers on the governance of the welfare of all nations as one. The intent of the
UN conventions is the creation of a regime that can manage the welfare of all nations in
equal footing.
Plunder of Antiquities - cultural materials from other countries are illegally removed and transported
transnationally to fill the collections of private purchasers and museums.
Smuggling of migrants - refers to the illegal exploitation of migrants from other nation/countries
entering foreign nations. These, migrants often end up to forced labor, prostitutions and
other inhuman treatment by the receiving nation. These activities are designed for
profit by the criminal groups who facilitate their travels.
Transnational Environment - refers to the environment where citizens around the globe can relate with
each other on all types of human endeavor; such as economics, social and political. All
intervening activities, concepts and thoughts encompasses transnational environment.
Isolationism - as referred to international relations, the act of one country trying to become independent
from other and do not want to take part on any international organizational activities. When
the union of nations, take a lift forward on development, the country which does not
cooperate are isolated at their own, common time, economic embargo are the results of this
isolationism.

Different types of Terrorism:

 1. Anti-colonial Terrorism - known in modern bureaucratic language as asymmetric Warfare used
by European colonies as a tactic, targeting colonial administrators, foreign Nationals, and
Nations sympathetic to the colonial powers. Terrorist formulated their own theories of anti-
colonial revolution and based much of their activity on earlier revolutionism such as the Irish
Republican Army and the Russian Peoples Will. Anti-colonial rebels used terrorism to make
foreign occupations too costly for colonial powers.
2. Ideological Terrorism - the ideological terrorist of the left, and later the right, used rhetoric of
anti-colonialism, but their targets were the economies and social symbols of Western
Democracies. The political climate spawned by the Vietnam war fueled violent idealized
terrorism, that spread almost to all nations.
3. Religions Terrorism - introduced a cosmic dimension to violent political struggle. Mark
Juergens Meyer, 2000, Terror in the Mind of God". The mere existence of a demonized enemy is
evil, and any deviation from the orthodox path potentially represents the work of the devil.
Therefore, tolerance of differences is inconceivable. Violence is mandated as a result of the
cosmic necessity to purify creation by purging evil. The call to violence is a call to purify the
world from non-believers and those who interpret religious traditions incorrectly. If the holy
warrior fails, God fails, so the struggle

RA 9372 - known as the Human Security Act of 2007.

PD No. 1613 - the Law on Arson
RA 6969 - Toxic Substance and Hazardous and Nuclear Waste Control Act of 1990.
RA 5207 - Atomic energy Regulatory and Liability Act of 1968.
RA 6235 - Anti Hijacking Law
PD532 - Anti-piracy and Anti-highway Robbery Law Of 1974
PD 1866 - as amended, decree codifying the Laws on illegal and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives.
National Terrorist - used to define almost all illegal acts of violence committed for political purpose by
clandestine groups.
Transnational Terrorist - terrorist who operates across national borders, whose actions and political
aspirations may affect individual of more than one nationality.
International Terrorist - terrorist who are controlled by, and whose actions represents the national
interest of a sovereign state.
Terrorist - not an inborn species nor is he man-made. He emerges from the desert of cruel events and
harsh environments. Most terrorist come from humble-bed and from the unknown genre.
These innocent mortals are nourished and nurtured by "ism" of ideology, religion and
worldliness; they acquire the animal instinct fraught with ferocity and ruthlessness. This
gives birth to a unique culture of personalities elevated into the level of revolutionaries,
reactionaries, and radicalism.
Terrorism - the systematic use of terror as a means of coercion.
Highjackings - robbery of goods while in transit, commonly from trucks. May involve robbery of only
goods. May also refer to commandeering an airplane.
Kidnappings - at common law, the forcible abduction and or stealing and carrying away If a person
from own country to another.
Political crime - in general, any crime directly against the government; e.g treason, sedition. It includes
any violent disturbance without reference to a specific crime, in modern times, it also
includes public officers offense towards the public that may ripen into betrayal of public
trust.
Political offenses - a designation of a class of crimes usually excepted from traditional treaties, this
terms denotes crimes that are incidental to and from a part of political disturbances; but it
might also be understood to include offenses consisting in an attack upon the political
orders of things established in the country where committed, and even to include offenses
committed to obtain any political object.
Politics - the science of government; the art or practice of administering public affairs.
Polyopsony - condition of a market characterized by the fewness of buyers. The fewness has an effect
on the price of the materials or products.
Polypoly - a market condition characterized by the fewness of sellers and this has a direct effect on
prices.
Computer - an electronic machine, operating under the control of instructions stored in its own
memory, that can accept data (input) manipulate the data according to specified rules
(process produce results (output) and store the results for future use.
Methods of Wiretapping
1. Hard wiretapping - commonly used by law enforcers. It involves the physical access to the
telephone line to the operation's target and installs a second set of wires that connect the target
telephone and the spy's listening post. This method is relatively easy to detect because of the
actual wire connected leading to the listening post.
2. Soft wiretapping - involves a modification of the software used to run the telephone system. This
can be done at the telephone company or at the switchboard of the target corporation, hotels and
condominiums, among others. While this type of eavesdropping is almost impossible to detect, it
may require the direct participation of personnel from the telephone industry.
3. Record wiretap - simply calls for installing a voice-activated tape recorder into the telephone
line. This is not only too expensive but too tedious in the economy of time and space.
4. Transmit wiretap - requires the use of RF transmitter bugging machine connected to the
telephone line. This is the more classic type of spying and available in most countries. While it is
easy to detect, it is impossible to trace the person who installed it.

RA. 8792 - Otherwise known as the Electronic Commerce Act of 2000.

RA 4200 - Anti-Wire Tapping Law.
Cyber Crime - unauthorized access into or interference in a computer system/server or information and
communication system; or any access in order to corrupt, alter, steal, or destroy using
a computer or other similar information and communication devices, without the
knowledge and consent of the owner of the computer or information and
communications system, including the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft or loss of electronic data
messages or electronic document. E-Commerce Law (R.A 8792)
Long Lining - Illegally making International Calls using the Internet
Cyber Terrorism - is a premeditated, politically motivated attack against information, computer
systems, computer programs, and data which result in violence against noncombatant
targets by sub national groups or clandestine agents.

Difference between Hackers and Cyber Terrorist:

 Hackers want free access to bandwidth.
 Hackers want free information.
 Hackers want the thrill of the intrusion.
 Hackers want bragging rights.
 Cyber terrorists want to cause hysteria.
 Cyber terrorists want to disrupt society and cause harm

Groups Likely to Utilize Cyber Terrorism:

 Al Qaeda(International)
 Armed Islamic Group, also known as GIA.(Algeria)
 Aum Shinrikyo.(Japan)
 Hizballah. (Lebanon)
 Hamas.(Jordan)
 CPP/NPA/NDF (Philippines)

Unauthorized intrusions (hacking) - violations occur when an unauthorized user illegally accesses
network computers where he/she is not authorized.
Digital Camera - Digital device for recording images and video accompanied by a storage device and
conversion hardware for transferring images and video.
R.A. 8484 – Access Devices Regulation Act of 1998.
Access Device – means any card, plate, code, account number, electronic serial number, personal
identification number, or other telecommunications service, equipment, or instrumental
identifier, or other means of account access that can be used to obtain money, good, services or
any other thing of value.
Counterfeit Access Device – means any access device that is counterfeit, fictitious, altered, or forged,
or an identifiable component of an access device or counterfeit access device
Unauthorized Access Device – means any access device that is stolen, lost expired, revoked, canceled,
suspended, or obtain with an intent to defraud.
Hacking or Cracking - which refers to unauthorized access into or interference in a computer
system/server or information and communication system;
- any access in order to corrupt, alter, steal, or destroy using a computer or other similar
information and communication devices, without the knowledge and consent of the owner of
the computer or information and communication system, including the introduction of
computer viruses resulting in the corruption and destruction of electronic data messages.
Piracy - or the unauthorized copying, reproduction, dissemination, distribution, importation, use,
removal, alteration, substitution, modification, uploading, downloading, making available to the public,
or broadcasting of protected material, electronic signature or copyrighted works, through the use of
telecommunication networks.

Globalization - the process of creating transnational markets, politics, and legal systems in order to
develop a global economy.
Virus - is a program that disrupts or destroys existing programs and networks, causing them to perform
the task for which the virus was designed.
Superzapping - most computer programs used in business have built-in antitheft safeguards.
Superzappers use software that bypasses computer security programs to allow unauthorized
access to data.
Logic Bomb - a set of instructions secretly inserted into a program that is designed to execute if a
particular condition is satisfied, e.g. the "bomb" lies dormant until a particular date is
reached or command entered. When exploded, the logic bomb may delete data or corrupt
files or have other harmful effects. Logic bombs are a type of virus because they deliver
their payload after a specific triggering events occurs.
Electronic data message - refers to information's generated, sent, received and stored by electronic,
optical or similar means.
Information and Communication System - refers to a system of generating, sending, receiving,
storing or otherwise processing electronic data message or electronic documents and
includes the computer system or other similar device by or in which data is recorded or
stored and any procedures related to the recording or storage of electronic data message or
electronic documents.
Electronic signature - refers to any distinctive mark, characteristic and/or sound in electronic form,
representing the identity of a person and attached to or logically associated with the
electronic data message or electronic document or any methodology or procedures
employed or adopted by a person and executed by such person with the intention of
authenticating or approving an electronic data message or electronic documents.
Electronic documents - refers to information or representation of information, data, figures, symbols or
other modes of written expression, described or however represented, by which a right is
established or an obligation extinguished, or by which a fact may be proved and affirmed,
which is received, recorded, transmitted, stored, processed, retrieved or produced
electronically.
Electronic key - refers to a secret code which secures an defends sensitive information's that crosses
over public channels into a form decipherable only with a matching electronic key.
Intermediary - refers to a person who in behalf of another person and with respect to a particular
electronic data message or electronic documents sends, received and/or stored or provides
other services in respect of that electronic data message or electronic document.
Originator - refers to person to whom, or on whose behalf, the electronic documents purports to have
been created, generated and/or sent. The term does not include a person acting as an
intermediary with respect to that electronic document.
Economic Crimes - is commonly categorized as a white collar crime.
White Collar Crime - is a criminal act committed by a person of responsibility, respectability and with
high social status in the course of his her occupation.

Forms of White Collar Crimes

1. Corporate Crimes - the violation of a criminal statute either by a corporate entity or by its
executives, employees or agents acting in behalf of and for the benefit of the corporations,
partnership or other business entity.
2. Environmental Crimes - violation of criminal law which although typically committed by
businesses or by business officials, may also be committed by other persons or organizational
 entity, and which damage some protected or otherwise significant aspect of the natural
environment.
3. Occupational Crimes - any act punishable by law, which committed through opportunity
created in the course of an occupation that is legal.
Occupational Crimes Classification
1. Organizational Occupational Crime - crimes committed for the benefit of the entire
organizational such instances only the organization or the employer, not individual employees.
2. State Authority Occupational Crime -crimes by officials through the exercise of their state-
based authority. Such crime is occupation specific, and can only be committed by person in
public office or by working for such person.
3. Professional Occupational Crime -crimes by professionals in their capacity as professionals.
The crimes of physicians, attorneys, psychologist, and the like are included.
4. Individual Occupational Crime - crimes of individual as individuals which include income tax
evasion, theft of goods and services by employees, the filing of false expense report, and the like.
Occupational Crimes also refer to
1. White collar crimes - term usually signifies law violations by corporations or individuals
including theft or fraud and other violations of trust committed in the course of the offenders
occupation, these are classified as non-violent crimes but the effect is the economic suffering of
the victims.
2. Vocational crimes - committed by one who does not think for himself as a criminal and whose
major source of income is something other than crime.
3. Corporate crime - committed by corporate officials for their corporations and the offense of the
corporation and the offenses of the corporation itself.
4. Economic crimes - illegal activity that principally involves deceit, misrepresentation,
concealment, manipulation, breach of trust and illegal circumvention.
5. Organizational crimes - illegal actions taken in accordance with operative organizational goals
that seriously harm employees of the general public.
6. Upper-world crime - law breaking acts, committed by those who, due to their positions in the
structure, have obtained specialized kinds of occupational slots essential for the commission of
this offense.
Fraud - embracing all multifarious means which human ingenuity can devise, and which are resorted to
by one individual to get advantage over another by false suggestions or by suppression of truth, and
includes all surprises, trick, cunning, and any unfair way by which another is cheated.

Types of Fraud
1. Actual or Constructive Fraud
a. Actual Fraud - consist in deceit, artifice, trick, design, and some direct or active
operation of the mine.
b. Constructive Fraud - consist of any act of commission, omission contrary to legal or
equitable duty, trust, or confidence justly reposed, which is contrary to good
conscience and operates to the injury of another.
1. Extrinsic Fraud - fraud which is collateral to the issues tried in the case where the judgment is
rendered.
2. Fraud in Fact or in Law - is actual positive or intentional fraud. Fraud disclosed by matters of fact,
as distinguished from constructive fraud or fraud in law. Fraud in law is fraud in contemplation of
law; fraud implied or inferred by law; fraud made out of construction of law, as distinguished from
fraud found by a jury from matters of fact.
3. Fraud in Execution - misrepresentation to deceive the other party as to the nature of a document
evidencing the contract.
4. Fraud in the Factum - misrepresentation as to the nature of a writing that a person signs with
neither knowledge nor reasonable opportunity to obtain knowledge of its character or essential
terms.
5. Fraud in Inducement - connected with underlying transaction and not with the nature of the
contract or document signed. Misrepresentation as to the terms, quality or other aspects of a
contractual relation, venture or other transactions that leads a person to agree to enter into the
transaction with a false impression or understanding of the risk, duties or obligations being
undertaken.
6. Intrinsic Fraud - that which pertains to issues involved in original action or where acts constituting
fraud where, or could have been, litigated therein.
7. Legal or Positive Fraud - is made out by legal construction or inference, or the same thing as
constructive fraud.
8. Mail or Wire Fraud - criminal offenses by using mail or interstate wires to create or in furtherance
of a scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent
pretence.
9. Tax Fraud - willful attempting to evade or defeat the payment of taxes due and owing. It falls into
two categories: civil and criminal.
10. Fraud on Court - a scheme to interfere with judicial machinery performing task of impartial
adjudication, as by preventing opposing party from fairly presenting his case or defense. This can
involve bribery of a judge or jury to fabrication of evidence by counsel and must be supported by
clear, unequivocal and convincing evidence.