Ifugao State University

College Of Criminology, Computing and Health Sciences

DEPARTMENT OF CRIMINOLOGY
Nayon, Lamut, Ifugao

Review 2
NOTES ON ORGANIZED CRIME INVESTIGATION

Organized Crime
- An organized criminal group shall mean 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 or offences in order to obtain, directly or
indirectly, a financial or other material benefit.
- All illegal activities engaged in by members of criminal syndicates operatives throughout the United States and all
illegal activities engaged in by known associates and confederates of such members.
- Group activities of three or more persons, with hierarchical links or personal relationships, which permits their leaders
to earn profits or control territories or markets, internal or foreign, by means of violence, intimidation or corruption,
both in furtherance of criminal activity and to infiltrate the legitimate economy.
- Any enterprise or group of persons engaged in a continuing illegal activity which has as its primary purpose the
generation of profits and continuance of the enterprise regardless of national borders.
- Any group having some manner of formalized structure and whose primary objective is to obtain money through illegal
activities.
- Planned commission of criminal offenses, determined by the pursuit of profit and power, involving more than two
persons over a prolonged or indefinite period of time, using a commercial or business license scheme, violence, and/or
intimidation.
- Is any crime committed by a person occupying, in an established division of labor, a position designed for the
commission of crimes providing that such division of labor includes at least one position for corrupter, one position for
corruptee, and one position for an enforcer.
- Organized Crime poses a direct threat to national and international security and stability, and continues a frontal attack
on political and legislative authority. Organized crimes disrupt and compromise social and economic institutions, thus
causing a loss of faith in democratic process.

Other term for Organized Crime:

a. Mob b. Mafia c. 2nd Government d. 5th State
e. Crime Confederation f. international criminal organizations (military usage);
g. Transnational crime (United Nations usage); and h. Enterprise crime (FBI usage).

For Organized Group to Work usually it has at least the following:

1) An enforcer – the one who makes for the arrangements for the killing (injuring or carrying out the task physically,
economically or psychologically) the members or non-members.
2) A Corrupter – the one who corrupts or bribes, intimidate or threatens, negotiate or “sweet talks” into a relationship
with public officials, law enforcement officer, or anyone who would be of help in obtaining security and immunity
from possible arrest, prosecution and punishments.
3) A Corruptee – a public officials, law enforcement officers or anybody who not a member of the organization who can
helps the organization

CHARACTERISTICS OF ORGANIZED CRIMES

The following characteristics/features of an Organized Crime Group (OCG) operating in the Philippines, to wit:
1. Capability

2. Organizational Structure

3. Composition – highly structured and complex

4. Disposition – members have infiltrated a vast variety of legitimate businesses that circumvent controls.

5. Resources: a) High profile strength; b) highly sophisticated logistical support; c)

Highly specialized training and indoctrination.
6. Networking/connection:
a) Well-entrenched and fluid network;
b) Tight operating linkages and influence with law enforcement and other government agencies
c) Initiated and maintained through bribery and corruption of public officials.

7. Modus operandi:
a) High profile;
b) Difficult to counter;
c) Violence and intimidation

8. Personalities – Attained high level or criminal prominence influence and linkages not only in their area of responsibility
(AOR) but also outside of its boundaries.

9. Motive – organizational profit, notoriety, influence and advantage.

10. Nature of criminal activity – Crimes that are high profile, sensational, large-scale, diversified and have major impact on
the economy and national security.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
11. Time, duration and frequency: a) Long-term goals; b) Regularized operations; c) Widespread, transcend provincial,
regional, national or even international political boundaries.

Attributes of Organized Crimes

1. Has no Political Goals – Organized crime is basically motivated by money and power. It is not social doctrine neither
political belief nor ideological concerns that motivated leaders and members of the organized crime groups. Political
involvement may be part of its activities for the purpose of gaining protection for its illegal activities.

2. Hierarchical – An organized crime has a vertical power structure with at least three (3) ranks. The authority is inherent in
the position and does not depend on who happens to be occupying it at any given time.

3. Limited or Exclusive Membership – The criteria such as ethnic background, race, kinship, criminal record and other
similar consideration seems to be the basis for membership in an organized crime group. Sponsorship by a ranking members
and behavior characteristics also plays important factors for recruitment such as but not limited to: willingness to commit
criminal act, follow the rules and regulations and secrecy in the organization.

4. Constitute a Unique Subculture – Members of the organized crime group considered themselves distinct from the
conventional society. They look at the society as “weak and stupid” and treat them with derisions if not contempt, and
therefore not subject to its rules. This is sometimes referred to as “the underworld”.

5. Perpetuates Itself – An organized criminal group constitutes an ongoing criminal conspiracy designed to persist through
time; that is, beyond the life of the current membership. In order for the group to survive, it must have an institutionalized
process for inducting new members and inculcating them with the values and ways of behaving of the social system. This is
shown by the depth of the sub-cultural orientation exhibited by the group.

6. Willingness to use Illegal Violence and Bribery – Violence is readily available and acceptable in an organized crime
group as a means to achieve its goal. Bribery becomes necessary so as to protect its operation and insure lesser chance of
detection and suppression.

7. Specialization/Division of Labor – There is a need for established functional position filled with qualified members.

8. Monopolistic – An organized crime group eschew competition. It strives for hegemony over a particular geographic area, a
particular “industry”, legitimate or illegitimate, or a combination of both. A monopoly, of course, restrains “free trade” and
increases profits. An organized crime monopoly is maintained by violence, by the threat of violence, or by corrupt
relationships with law enforcement officials. A combination of both methods, violence and corruption, may be employed.

9. Governs by Explicit Rules and Regulation – An organized crime group, like a legitimate organization, has a set of rules
and regulations that members are expected to follow. In an organized crime group, however, a rule-violating member is not
fired but, more likely, fired upon

Structure of Organized Crime Groups

1. The Bureaucratic/ Corporate Model – The Corporation, the police, and the military are examples of bureaucracies, that
mode of organization essential for efficiently carrying out large scale tasks.

2. Patrimonial/ Patron Client – It is a characteristic of traditional societies that centers on families, patrons and their clients,
and other personalities networks.

GENERIC TYPE OF ORGANIZED CRIMES

1. Political Graft – committed by political criminals for purposes of gaining profit though violence or force for the attainment
of political goals or ambitions such as used of private armies, buying of votes or threatening voters.

2. In-Group Oriented Organized Crime – manned by semi-organized individual with the end view of attaining
psychological gratification such as adolescent gangs.

3. Mercenary/Predatory organized crime – perpetuated for the attainment of direct personal gain but prey upon unwilling
victims.

4. Syndicated Crimes – comes with a structure organization that participates in illicit activity in society using force, or
intimidation.

Most common criminal acts perpetrated or committed by organized crime groups and/or syndicated crime groups:

1. Arms Smuggling – refers to the import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and
components and ammunition, from or across the territory of one country to that of another country which has not been
authorized in accordance with domestic law in either or both country/countries.

2. Bank Fraud – Bank Examiner Swindle is a type of fraud in which a victim is deceived into withdrawing money under the
pretense of aiding a bank investigation. Underground Banking is a generic term used to describe any informal banking
arrangements which run parallel to, but is generally independent of the formal banking system.
Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
3. Carnapping – is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or by using force upon things.

4. Counterfeiting – is the act of imitating or manufacturing money or currency without authority.

5. Falsification – Is committed by erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or
signs contained therein. Falsification is the misrepresentation of a thing, fact, or condition, certifying that a thing is true
when it is not, whether one has the right to make the representation or certification. Falsification also is the commission of a
deliberate falsehood with the intent to deceive.

6. Film Piracy – Film piracy in the Philippines is punishable under the Intellectual Property Code of the Philippines and
Republic Act No. 9239 entitled an Act Regulating Optical Media, Reorganizing for this Purpose the Videogram Regulatory
Board, Providing Penalties Therefor, and for other Purposes, otherwise known as the "Optical Media Act of 2003, sign into
law on February 10, 2004.

7. Illegal Drug Trafficking – refers to the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled
precursor and essential chemical.

8. Illegal Logging – Illegal logging in the Philippines is punishable under Chapter IV (Criminal Offenses and Penalties) of
Presidential Decree No. 705 known as the "Revised Forestry Code of the Philippines" enacted on May 19, 1975.

9. Kidnap-for-Ransom – Kidnapping is a felony committed by any private individual who shall kidnap or detain another, or
in any other manner deprive him of his liberty (Art. 267, RPC). Kidnapping is a form of hostage crisis, but it doesn’t
resemble a typical hostage situation in which the hostage-takers are barricaded in a known area.

10. Large-Scale or Syndicated Swindling – Is committed by five (5) or more deceivers, who take advantage of the weakness
of another by means of deceit; cunning and chicanery.

11. Piracy – Is a robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in
the spirit and intention of universal hostility.

12. Robbery – Is a felony committed by any person who, with intent to gain, shall take any personal property belonging to
another, by means of violence or intimidation of any person, or using force upon anything.

13. Bookmaking Bookmaker, or bookie - is an organization or a person that takes bets on sporting and other events at agreed
upon odds.

14. Gambling – the wagering of money or something of material value on an event with an uncertain outcome with the primary
intent of winning additional money and/or material goods.

15. Loansharking (Shylocking or Usury) – The lending of money to another person where the percentage of the principle is
exorbitant making it difficult for the lender to pay his debt and collection is done by force or intimidation.

Loan Shark – A person or body that offers unsecured loans at high interest rates to individuals, often backed
by blackmail or threats of violence.

TYPES OF LOANSHARKING:

a) Payday Loan – Lend money at high rates of interest on the security of a postdated check.

b) Yamikinyu in Japan – Illegal moneylenders typically charge an interest of 30% to 50% in 10 days, which is
about 1800% per annum.

c) Ah Long in Malaysia and Singapore – (Ah Long from the Cantonese phrase “Jyutping” a term for illegal loan
sharks in Malaysia and Singapore). They lend money to people who are unable to obtain loans from banks or
other legal sources, mostly targeting habitual gamblers. They charge a very high interest rate about 40% per
month.

Consequence of Nonpayment”
 Red Paint] - Pig Head - Stolen Items
 O $ P $ - Owe Money Pay Money - Identity Banner Display

16. Pornography – From the Greek work pornographia, which derive from “porne” meaning prostitute and “pornea” meaning
prostitution; “grapho” meaning write or record, derived meaning “illustration of graph” thus meaning ( a written description
or illustration of prostitutes or prostitution)
- The depiction of explicit sexual subject matter for sexually exciting the viewer.
- Refers to any representation, through publications, exhibitions cinematography, indecent shows, information
technology, or by whatever means, of a person engage in a real or simulated explicit sexual activities or any
representation of the sexual parts of a person a person for primary sexual purposes.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 - It may use any of a variety of media, ranging from printed literature, photos, sculpture, drawing, painting, animation,
sound recording, film, video or video game. However, when sexual acts are performed for a live audience and striptease
are not considered pornography.

GENRE of PORNOGRAPHY:
 Alt Porn
 Amateur Pornography
 Fetish Pornography
 Orientation-Based Pornography – Gay, Lesbian, Bisexual Pornography
 Orgy Pornography
 Race-Oriented Pornography – (e.g. Asian, Black, Latino, Interracial)
 Reality Pornography
 Voyeur Pornography (e.g. hidden camera pornography, “upskirt” Pornography)

17. Prostitution – (World’s Oldest Profession) the act or practice of engaging in sex acts for hire.
- Refers to any act; transaction, scheme or design involving the use of a person by another, for sexual intercourse or
lascivious conduct in exchange of money, profit or any other consideration.

Brothels (Bordello, Whorehouse, Cathouse, Knocking Shops, and General House) – Establishments specifically
dedicated to prostitutions, often confide to special red-light districts in big cities.
TYPES of PROSTITUTION
 Escort Prostitution – Out-Call and In-Call
 Lot Lizard
 Street Prostitution
 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 recreational periods for members of
the military.

Concept of a MAFIA

 Is a term used to describe a number of criminal organizations around the world;

 The first organization to bear the label was the Sicilian Mafia based in Italy, known to its members as Cosa Nostra.
 In sum, mafia means protection against arrogance of the powerful, remedy to any damage, sturdiness of body, strength and
serenity of spirit, and the best and exquisite part of life.
 Apparently Sicilian-Arabic derived from terms meaning to protect and to act as guardian; a friend or companion; to defend;
preservation, power, integrity, strength, and a condition that designates the remedy of damage and ill.
 As a more or less centralized secret society.
 A secret association with a clearly defined membership, at the same time it is a reflection of more general
social and cultural condition in southern Italy.
 - A criminal society which emerged in mid-19th century Sicily. It is a loose association of criminal groups
that share a common organizational structure and code of conduct. Each group, known as a "family",
"association", "clan" or "cosca", claims sovereignty over a territory in which it operates its rackets –
usually a town or village or a neighborhood (borgata) of a larger city

Sicilian Mafia (Cosa Nostra “Our Thing”) – This is often regarded as the archetype of organized crime and has been the
subject of controversy.

OMERTA CODE OF MAFIA

 A code of silence and secrecy that forbids Mafiosi from betraying their comrades to the authorities.
 Ideal of manliness
 Noncooperation with authorities
 Self-control in the face of adversity
 Vendetta-blood washes blood
 Neither government nor church to be trusted

RUSSIAN ORGANIZED CRIME

Vory V. Zakone – aka “thieves with code of honor”. It is the Sicilian counterpart, linked to a territorial-based provision of
protection services and to alliance between upper world and the underworld. It is characterized by the three types of actors in
crime picture at Russia namely:

 Corrupt government officials,

 Shady business tycoons (oligarch); and
 Members of criminal gang headed by so called authorities and loosely tied with criminal fraternity known as
“thieves in law” (Vory V. Zakone). They were able to create protective roof through their financial and fraternity
connection.

ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS)

It first formed in the barrios in the 1920s. By 1990s, the Major Latino gangs had joined into two syndicates, the Nortenos
based in northern California and the Surtenos based in Southern Califoria. The Nortenos include such gangs as Big Hazard, the
Breed Street Gang and the Silver Leaf Nortenos (SLN). The Surtenos include the Assasins, King Kobra and Mara Salvatrucha.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
1. In the Midwest – The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples Nation based in Chicago.
In Texas, Mexican American gangs have proliferated with the Mexican Mafia, the PRM (Partido Revolucionario
Mexicano), and Mexicles being the most prominent.

2. In the Eastern United States - The major syndicates are La Gran Raza (The Great Race) and La Gran Familia
(The Great Family). The Dominican Gangs became the major player in Drug trade in Metropolitan New York and in
Northern New Jersey.

3. In Miami and Dade County, Florida – The Cuban Mafia has built a strong base, having taken advantage of an alliance
with Santo Trafficante’s Italian American Mafia family based in Tampa. In Puerto Rico, the Neta Association began as a
prison gang, but it has spread beyond the island and beyond the prison walls.

Mafia (Cosa Nostra, Mob, Outfit) – A collection of Italian American organized crime “families” that has been operating since
1920’s. It was the most prominent organizations in the U.S. despite prosecutions and stiff competitions, it 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.

THE FIVE PROMINENT FAMILIES IN NEW YORK:

1) The Bonanno
2) The Colombo
3) The Genovese
4) The Gambino
5) The Hucchese

Fuk Ching – Chinese organized crime in U.S

Structure of Fuk Ching:

• Ah Kung (Godfather)
• Shuk Fu (Uncle) – Tong (territory) leader
• Dai Dai Lo (Big Big Brother) – the top gang position
• Dai Lo (Big Brother) – below the Dai Dai Lo
• Yee Lo/Soom Lo (Cliques Leader)
• Majia (Little Horses) – they are at the bottom

Fuk Ching Criminal Activities:

Heavily engage in alien smuggling and human trafficking with most of their sources comes from Fujian
province. This criminal groups are engage in legitimate business in New York City’s China Town, like: restaurants,
retail stores, vegetable stands, care services, ice cream parlors, fish markets, and video stores, these legitimate business
serves as fronts to move smuggled people.

ORGANIZED CRIME IN ASIA

1. China Organized Criminal Groups

China organized criminal group is categorized into 2 groups:

a. Gangs (Triad) – work in cooperative ventures involving black market activities, burglaries and thefts, hijackings and
extortions. Dragon Syndicates is another name for the Chinese Triads, a name popularized by Martin Booth’s much
acclaimed study “The Dragon Syndicates: the Global Phenomenon of the Triads.

The Triad came from the symbolic triangle in their flag which indicates the three (3) elements:
The Heaven, the Earth and the Man.

Triads, such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong. They are involved in various
activities ranging from drug trafficking to corruption.

b. Criminal Syndicates – commonly involved in sophisticated crimes such as prostitutions, human trafficking and other
organized form of both are involved in drug trafficking particularly of heroin from the golden triangle as well as
Exploitation of women and children and smuggling of illegal immigrants vices.

2. Organized Crime Group in Japan

a. Yakuza (8-9-3) or Boryokudan – Is the most influential organized crime group in Japan. Yakuza makes billions of
dollars through corporate extractions and the Sokoiya (shareholders meeting men). Other activities that they are
involved include exploitation of women, prostitutions (mostly coming from the Philippines, Thailand and Taiwan) and
gambling den.

3. Organized Crime Group in Cambodia – Drug trafficking and human smuggling are the most notable organized criminal
activities in Cambodia which are widely controlled by the Chinese and Myanmorese. Other activities involved gambling,
corruption, prostitution and money laundering. Due to people’s belief of the effect of having sex with virgin women,
prostitution became one of the most expensive organized crime and virgin women are the highest valued commodities.

4. Republic of Korea

a. Keandal Emening Scarups – Although not considered as criminal groups, they also engage in criminal activities
someway to help the weak and the poor. They are notable for their loyalty and faithfulness. Organized criminal groups
Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 come in the form of political groups used as henchmen to attack political rivals. Several organized groups are associated
with YAKUZA and other groups in the United States are involved mostly in drug trafficking, prostitution and
exploitation of women.

5. Organized Crime Group in Myanmar – has the largest organized crime groups controlled by military Junta. It includes
the following:

a. United Wa State Army (UWSA) – under the command of Wei-Huseh-Kong – has connection with Southeast Asian
and North America.

b. Konkang Chinese – in coordination with MNDAA, protects cultivation areas and refining of drugs.

c. Myanmar National Democratic Alliance Army – control the plantations and refine opium into heroin and also
produced methamphetamine. Trafficking of women and children to Pakistan and Thailand and corruption are also some
of the activities of the group.

6. Taiwan – Taiwan organized crime has close connection with the Chinese Triads and Hong Kong particularly the United
Bamboo Gang. They are involved in drug trafficking, prostitution, women and child trafficking.

7. Singapore – This is the country with the lowest cases of organized activities due to stringent laws and severe penalties and
the government’s strong will power for the implementation of laws.

8. Thailand – The country considered to be the most notorious in the world in terms of sex industry. Supplies or imports
about one (1) million women in different countries in Asia.

9. Vietnam - “Nam Cam Gang” is one of the most noted organized crime group in Vietnam and known for drug trafficking
and one of the major transit point of drugs in Laos, Myanmar, China and Taiwan from Cambodia.

10. Philippines – The country considered as the heaven for the sex industry. A number of women are sent abroad as entertainers
but later end-up as prostitutes. Thailand, Japan and other Asian Countries are common places of their destination. Young
children for pedophiles are also being catered.

a. Francisco Group – Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in Visayas and
Mindanao

b. Lexus Group – specializes in carnapping and operates in NCR and Luzon

c. Lupo Rhu Group – lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.

d. Martires KFR group – killed in Action (KIA)

e. Pentagon Group – operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds. Alonto is a
nephew of MILF Chairman AL HAJ MURAD

f. Rex “Wacky” Salud Group – engaged in illegal gambling and operates in Cebu

g. Superable Family – a kidnapping for ransom (KFR) group with a 1 Million prize for the leader’s head who was killed
in action during a shoot-out with law enforcers

h. Vic Yu Group – engages in illegal gambling and operates in Visayas.

i. Waray-Waray Group – an ethnic group engaged in kidnap for ransom operations. Members are either belongs from
the family clan or natives from Samar and Leyte. Their leader was arrested on September 24, 2005.

TRANSNATIONAL CRIME

 The concept of transnational crime was coined by the United Nations (UN) Crime Prevention and Criminal Justice
Branch to identify certain criminal phenomena transcending international borders, transgressing the laws of several
states or having impact on another country.

 Transnational crime is a continuing illegal activity of group of person which is primarily concerned with the
generation of profits, irrespective of national boundaries as a result of globalization.

 Globalization – refers to the rapid development of the western culture that ultimately affects other cultures in the world
as brought by intellectual and technological advances, in which some crimes occurring in other countries are attributed.

 Transnational Organized Crime – Is a crime perpetuated by organized criminal group which the aim of committing
one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits
committed through crossing of borders or jurisdictions
 Organized Criminal Group – shall mean a structured group of three or more persons, existing for a period of time and
acting in concert with the aim of committing or more serious crimes or offenses established in accordance with this
convention, in order to obtain, directly or indirectly , a financial or material benefit
Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
  Serious Crime – shall mean conduct constituting an offence punishable by maximum deprivation of liberty of at least
four years or a more serious penalty

 Executive Order No. 265 – creating the OSETC for a stronger campaign against transnational crime. The Office of the
Special envoy on Transnational Crime is the agency concerned in resolving overlaps in systems and procedures and
determines the appropriate agency competent to address a specific transnational crime issue

An offense is transnational in nature if:

 It is committed in more than one State;

 It is committed in one State but substantial part of its preparation, planning, direction or control takes place in another
State;
 It is committed in one State but involves an organized criminal group engages in criminal activities in more
than one State; or
 It is committed in one State but has substantial effects in another State.

Primary Strategies against Transnational Organized Crime

1. Good Governance
2. The Rule of Law
3. International Cooperation

THE EIGHTEEN (18) CATEGORIES OF TRANSNATIONAL CRIME

1. Money Laundering – a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to
have originated from legitimate sources.

Elements of Money Laundering

1. Unlawful activity;
2. Monetary instrument or property (MI/P);
3. Transaction/Attempted transaction of MI/P; and
4. Knowledge that the MI/P represents, involves, or relates to the proceeds of the unlawful activity.

Three Stages of Money Laundering

a. Placement – involves changing the money derived from criminal activities into a more portable and less suspicious
form, then getting the proceeds into the mainstream financial system.

b. Layering – involves a series of financial transactions during which the dirty money is passed through a series of
procedures, putting layer upon layer of persons and financial activities into the laundering process.

c. Integration – the money is once again made available to the criminal with the occupational and geographic obscured or
concealed. The laundered funds are now integrated back into the legitimate economy through the purchase of properties,
businesses and other investments.

2. Illicit Drug Trafficking – refers to the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled
precursor and essential chemical.

3. Corruption of Public Officials – Is a felony committed by any person who shall have made the offers or promises or given
the gifts or presents to the public office as described in the Arts. 210, 211 and 211-A of the Revised Penal Code.

4. Penetration of Legitimate Business – Is the ability to penetrate legitimate business that gives the organized crime unit both
the chance to conceal illicit revenues and an opportunity to hide behind a cloak of legitimacy in the community to avoid
suspicion by the citizens and detection by police.

5. Fraudulent Bankruptcy – Fraud in its general sense, is deemed to comprise anything calculated to deceive, including all
acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting
in damage to another, or by which an undue and unconscientiously advantage is taken of another. Bankruptcy means a legal
process that either allows a debtor to work out an orderly plan to settle debts or to liquidate a debtor’s assets and distribute
them to creditors.

6. Insurance Fraud – Insurance is a contract whereby one undertakes for a consideration to indemnify another against loss,
damage, or liability arising from an unknown or contingent event.

7. Computer Crime – Is any illegal behavior directed by means of electronics operations that targets the security of computer
systems and the data processed by them.
- All crimes performed or resorted to by abuse of electronic media with the purpose of influencing the functioning of the
computer or computer systems.
- Any crime accomplished through special knowledge of computer technology.
- Used to broadly describe criminal activity in which computers or networks are a tool, a target, or incidental to the
commission of a crime
- Any offense that can be committed by means of a computer, computer system, computer or communication network or
networks.
- Any offense, which has its target, a computer, computer system, computer or communication network or networks.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 - The use of computer, computer system, computer or communication network or networks as a means of hiding/storing
possible evidence.
- Cybercrime includes traditional crimes which computers or networks are used to commit a crime.

Elements:
 Computer is a target
 Computer is a tool of a crime
 Computer is incidental to a crime

 Computer – An electronic machine, operating under the control of instructions stored in its own memory that can
accept data according to specified rules (process produce results, output) and store the results for future
use.
The tool, life development of computers starts with military usage such as:
1. Helping to break secret German military code in WWII
2. Weapon Targeting
3. Computing complex problems of nuclear fission necessary for the invention of the atomic bombs.

REASONS FOR CYBER CRIME:

 Capacity to store data in comparatively small space – The computer has unique characteristic of storing data in a
very small space. This affords to remove or derive information either physical or virtual medium makes it much
easier.

 Easy to Access – The problem encountered in guarding a computer system from unauthorized access is that there is
every possibility to breach not due to human error but due to complex technology. By secretly implanted logic
bomb, key loggers that can steal code, advanced voice recorders; retina imagers etc that can fool biometric systems
and bypass firewalls can be utilized to get past many security systems.

 Complex – The computers work on operating systems and these operating systems in turn are composed of millions
of codes. Human mind is fallible and it is not possible that there might not be lapse at any stage. The cyber criminals
take advantage of these lacunas and penetrate into the computer system.

 Negligence – Negligence is very closely connected with human conduct. It is therefore very probable that while
protecting the computer system there might be any negligence, which in turn provides a cyber-criminal to gain
access and control over the computer system.

 Loss of Evidence – Loss of evidence is a very common and obvious problem as all the data are routinely destroyed.
Further collection of data outside the territorial extent also paralyses this system of crime investigation.

THE FOLLOWING ARE THE CATEGORY OF CYBER CRIMINALS:

a) Children an Adolescent Between the age of 6-18 Years – The simple reason for these type of delinquent
behavior pattern in children is seen mostly due to the inquisitiveness to know and explore the things. Other
cognate reason maybe to prove themselves to be outstanding among the other children in their group. Further
reason maybe psychological eve.

b) Organized Hackers – These kind of hackers are mostly organized together to fulfill certain objective. The reason
maybe to fulfill their political bias, fundamentalism, and others.
The Pakistanis are said to be one of the best quality hackers in the world. They mainly target the
Indian government sites with the purpose to fulfill political objectives. Further the NASA as well as the
Microsoft sites is always under attack by the hackers.

c) Professional Hackers/Crackers – Their work is motivated by the color of money. These kinds of hackers are
mostly employed to hack the site of the rivals and get credible, reliable and valuable information.

d) Discontented Employees – The group include those people who have been either sacked by their employer or
dissatisfied with their employer. To avenge they normally hack the system of their employer.

MODE AND MANNER OF COMMITTING CYBER CRIME

A) Unauthorized Access to Computer Systems or Networks/Hacking – This kind of offense is normally referred
as hacking in the generic sense. However the framers of the information technology act of 2000 have no where
used this term to avoid any confusion we would not interchange use the word hacking for “unauthorized access”
as the latter has wide connotation

Hacking/Cracking – The Illegal intrusion into a computer system without the permission of the computer
owner/user.

 The latest cracking concerns are about unauthorized access to Government Website’s called “WEB
DEFACEMENT”

TYPOLOGY OF HACKER (MAXFIELD, 1985”

 Pioneers – those who are fascinated by evolving technology and explore it without knowing exactly what
they are going to find

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
  Scamps – hackers with a sense of fun who intend to overt harm

 Explorers – hackers motivated by a delight in breaking into computer systems. The more geographically
the distant, or more secure the target is, the greater delight

 Game Players – those who enjoy defeating software or system protection, with hacking seen as a sort of
game itself

 Vandals – those who caused damage for no apparent gain

 Addicts – nerds who are literally addicted to hacking and computer technology

A SECOND TYPOLOGY (COUTOURIE 1989) DESCRIBES THE RELATIONSHIP OF A HACKER TO

THEIR COMPUTER:

 Playpen – the computer is seen as a toy

 Fairyland – cyberspace is an unreal world where wrong cannot be done

 Land of Opportunity – where there’s nothing wrong with exploiting a vulnerable system

 Tool Box – in which the computer is just a way to get other things done

 Cookie Jar – with the computer as a place to go borrow things now and again

 War Game – where hostile feelings are vented against machines rather than people

B) Theft of Information Contained in Electronic Form – This includes information stored in computer hard
disks, removable storage media. Theft may be either by appropriating the data physically or by tampering them
through the virtual medium.

C) Email Bombing – This kind of activity refers to sending large numbers of mail to the victim, which may be an
individual or a company or even mail servers there by ultimately resulting into crashing

D) Data Diddling – This kind of attack involves altering raw data just before a computer process it and then
changing it back after the processing is completed. The electric board faced similar problem of data diddling
while the department was being computerized.

E) Salami Attacks – This kind of crime is normally prevalent in the financial institutions or for the purpose of
committing financial crime. An important feature of this type of offense is that the alteration is so small that it
would be normally go unnoticed.

o Example is the Ziegler Case, wherein a logic bomb was introduced in the bank’s system, which
deducted 10 cents from every account and deposited it in a particular account.

F) Denial of Service Attack – The computer of the victim is flooded with more requests than it can handle which
cause it to crash.
Distributed Denial of Service (DDoS) attack is also a type of denial of service attack, in which the offenders
are wide in number and widespread, E. g. Amazon, Yahoo.

G) Virus/worms Attack
 Viruses – Programs that attach themselves to a computer or file and then circulate themselves to other
files and other computer on a network. They usually affect the data on a computer, either by
altering or deleting it.
Example is the “love bug virus” which affects at least 5% of the computers of the globe. The
losses were accounted to be $10 million.

 Worms – Unlike viruses do not need the host to attach themselves to. They merely make functional
copies of themselves and do this repeatedly till they eat up all the available space on a computer’s
memory.

The world most famous worm is the “Internet worm” let loose in the internet by Robert
Morris sometime in 1988, almost brought development of internet to a complete halt.

H) Logic Bombs – This implies that these programs are created to do something only when a certain event (known
as the trigger event) occurs. Some virus may be termed logic bombs because they lie dormant all through the year
and become active on a particular date (like the Chernobyl Virus)

I) Trojan Attacks – This term has its origin in the Trojan horse. In software field this means an unauthorized
program, which passively gains control over another’s system by representing itself as an authorized program.

The most common form of installing a Trojan is through E-mail.

J) Internet Time Thefts – Normally in these kinds of thefts the Internet surfing hours of the victim are used up by
another person. This is done by gaining access to the login ID and the password.
Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 E.g. Colonel’s Bajwa’s Case, the Internet hours were used up by another person. This was
perhaps the first reported cases related to cybercrime in India. However this case made the police
infamous as to their lack of understanding of the nature of cybercrime.

H) Web Jacking – This term is derived from the term hijacking. In these kinds of offences the hacker gains access
and control over the web site of another. He may even mutilate or change the information in the site. This may be
done by fulfilling political objectives or money.

E.g. the recently MIT (Ministry of Information Technology) was hacked by the Pakistan
hackers and some obscene matter was placed therein.

The site of the Bombay crime branch was also hacked and the information pertaining to gold
fish was changing. Further a ransom of US$1 million was demanded.

CASE STUDIES OF HACKERS

a. Captain Crunch – In 1972, Captain Crunch aka John Draper, realized that by blowing the whistle that came in
Captain Crunch cereal box, he could replicate the tones necessary to place free long-distance phone calls. He spent
some time in prison, and then went to work for Apple Computer.
b. Kevin Mitnick – In 1994, Mitnick was the world’s most wanted hacker for breaking into Digital Equipment’s
Computers and stealing source codes. He served some years in prison, and then became a book author.

c. Kevin Poulsen – In 1995, Poulsen, a friend of Mitnick’s , broke into FBI computers. He spent some year in the
prison, and is now a computer security journalist.

d. Mafiaboy – In 2000, this Canadian boy launched denial-of-service attacks on CNN, Yahoo, and other major
websites. He ended up under house arrest and was retired from using the Internet.

e. Onel De Guzman – In 2000, this Filipino computer science student unleashed the “I LOVE YOU” virus on the
Net. He went unpunished because the Philippines had no law covering the crime.

TWO TYPES OF COMPUTER NETWORKS ATTACK

1) Passive Attack – Focus in intercepting data such as passwords, user names, e-mail messages, and even secret data
using sniffing software.

2) Active Attack – Attempt to cause harm to computer system faults and vulnerabilities.
Most active attack attempts to overload the victims computer or computer system to the point of either it slows
to an unusable crawl, hangs or completely crashes.
Another active attack is the denial of service attack; it denies the use of legitimate uses of internet systems.

EXISTING COMPUTER FRAUD INVESTIGATING BODIES

1. National Fraud Information Center (NFIC) established in 1992
2. Internet Fraud watch (IFW) created in 1993
3. Internet Fraud Initiative (IFI) 1999
4. National White Collar Crime Center and FBI, established internet fraud center to review online complaints

THE INTERNET AS AN INSTRUMENT FOR CRIME

Internet – This is a global array connected by a high speed reliable network. It connects millions of computers allowing for
the rapid exchange of information’s, education, military, criminal justice system, and business professionals as well as
researchers uses the system to send and retrieve information.

- It refers to the technologies that facilitate the transmission of data across the network

The US military establishment claimed to have designed the intricacies of the internet against the threat of nuclear
attack. Today internet access has flooded the global landscape and continues to overflow the social market forces in disbelief.

GRAVE CONCERNS OVER THE INTERNET

1) The internet is not owned or regulated by a single world agency. Is a growth is phenomenal and could incite a rebellious
behavior tendency from innocent internet users.

2) The state are trying to block the entry of indecent or subversive materials that can pollute the virgin minds of the youth,
but regrettably , the invasion to the private bedroom is unstoppable. Is the internet a modern monster in the making?

3) The fear factor of the public access to cyberspace through this communication medium is viewed as political hazards, to
the stability of the state. The internet can now be the medium of espionage and in desecrating state’s secret files
undetected and unchecked.

4) It is the considered view of many civilized countries, that the cyber pornography is a more degraded disease to moral
values, than the printed versions.

5) The nature of the internet as a new medium has now invaded the global village, unmolested and unhampered either by
accident either by accident or by designs.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
  Internet Crime – the second form of cybercrime has now become routine. While it is impossible to list
and discuss every element of this newly emerging problem, a few of the most important areas are
described below:

a. Distributing Illegal Sexual Material – The internet is an ideal venue for selling and distributing obscene material.
One reason is that it is difficult to identify perpetrators and even if they can be detected, even harder to prosecute.

Example is the Landslide Production Incorporated of Fort worth, Texas, operated by a highly profitable
internet based pornography ring taking as much as $1.4 million in one month. Landslide charges its customer $29.95
per month for a gateway to child pornography website. However, the site originated in Russia and Indonesia and
therefore was off limits to U.S authorities.

b. Denial of Service Attack - some internet threatened to or actually flood an internet site with millions of bogus
messages and/or orders so that site services will be tied up and unable to perform as promised. Unless the site
operator pays extortion, the attackers threatened to keep up the interference until real; consumers become frustrated
and abandon the site. The online gambling casino is particularly vulnerable to attack, especially when the attacks
coincide with big sporting events.

c. Illegal Copyright Infringement – In the past decades, groups of individuals have been working together to illegally
obtain software and then “crack” or “rip” its copyright protections before posting it on the internet. This referred to
as “WAREZ”.

Another form of illegal copyright infringement involves file sharing programs that allow internet users to
download music and other copyrighted materials without paying the artist and the records producers their rightful
royalties.

d. Internet Securities Fraud – Some criminals used the internet to intentionally manipulate the securities
marketplace for profit.

THREE MAJOR TYPE OF INTERNET SECURITY FRAUD:

 Market Manipulation – An individual either post erroneous and deceptive information’s online to artificially
inflate the price of a stock (so they can sell previously purchased shares) or they post negative rumors, driving
the down the price of a stock so they can buy it at lower levels.

 Fraudulent Offering of Securities – Some cyber criminals creates websites specially designed to fraudulently
sell securities. To make the offerings look more attractive than they are, assets maybe inflated, expected returns
overstated, and/ or risk understated.

 Illegal Touting – This crime occurs when individuals make securities recommendations and fail to disclose
that they are being paid to disseminate their favorable opinion.

5. Illegal Theft – Occurs when a person uses the internet to steal someone’s identity and/or impersonate them to open a
new credit card account or conduct some financial transactions.

6. Ponzi/Pyramid Schemes – This is an investment schemes in which investors are promised abnormally high profits on
their investments. No investments are actually made. Early investors are paid returns with the investment money
received from the later investors. The system usually collapses, and the later investors do not receive dividends and loss
their initial investments.

7. Non-delivery of Goods – This involves the non-delivery of goods and services that were purchased or contracted
remotely through the internet. Online-auctions sites are fertile ground for fraud. Goods may never be sent or, if they are,
there may be damaged, counterfeit or stolen.

CYBER AS THE HIGHWAY OF MODERN CRIMES

Cyberspace – refer to the spaces within computers and the spaces between computers (across networks) where people
interact with information and with each other.

William Gibson – a sci-fi novelist, who coined the term Cyberspace.

Cyber Terrorism – Can be seen as the effort by covert forces to disrupt the intersection where the virtual electronic reality of
computers intersects with the physical world.

- Premeditated, politically motivated attack against information, computer system, computer programs and data which
results in violence against non-combatant targets by sub-national groups or clandestine agents. (Mark Pollit, FBI expert)

Controlling Cyber Crime

 Software Piracy – Computer Fraud and Abuse Act (CFAA) criminalizes accessing computer systems without
authorization to obtain information.

The Digital Millennium Copyright Act (DMCA) makes it a crime to circumvent ant piracy measures built into
most commercial software and also outlaws the manufacture, sale, distribution of code-cracking devices used to
illegally copy software.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
  Illegal Copyright Infringement – The United States Criminal Code provides penalties for first-time illegal
copyright offender of five years of incarceration and a fine of $250,000. provisions provide for the forfeiture and
destruction of infringing copies and all equipment used to make the copies.

 Identity Theft – in the US, Congress passed the Identity Theft and Assumption Deterrence Act of 1998 (Identity
theft Act) making it a Federal Crime to anyone: ……… “who without knowingly transfer the uses, without lawful
authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful
activity that constitute a violation of Federal Law, or that constitutes a felony under any state or Local Law. In the
Philippines the Congress has still to come up with a related law.

 Internet Pornography – In the US, the Child Online Protection Act (H.R. 3783) bans web posting of material
deemed harmful to minor.

 Computer Crimes – In the US, Congress has treated computer related crimes as distinct federal offenses since the
passage of the Counterfeited Access Devices and Computer Fraud and Abuse laws in 1984.

The 1984 Act protected classified United States Defense and Foreign Relations Information, financial
institution and consumer reporting agency files, and access to computers operated for the government. The Act was
supplemented in 1996 by the National Information Infrastructure Protection Act (NIIPA) which significantly
broadens the scope of the law.

8. Theft of Intellectual Property (Infringement) – Is the use without consent of the trademark owner of any reproduction,
counterfeit, copy or colorable imitation of any registered mark or trade name in connection with the sale, offering for sale, or
advertising of any goods, business or services on or in connection with which such use is likely to cause confusion or
mistakes or to deceive purchasers or others as to the source or origin of such goods or services, or identify of such business;
or reproduce, counterfeit, copy or colorably imitate any such mark or tradename and apply such reproduction, counterfeit,
copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used
upon or in connection with such goods, business or services.

9. Illicit Trafficking of Firearms – Is the importation, export, acquisition, sales, delivery, movement, or transfer of firearms,
ammunition and other related materials from or across the territory of one State Party to that of another State Party, if
anyone of the State Parties concerned does not authorize it.

10. Hijacking – Is a term which immediately conjures the images of a group of heavily armed and determined men and women
holding up an airplane, ship, bus, van, or other vehicle in order to achieve their nefarious objectives.

11. Sea Piracy – is any act of violence or detention, or any act of depredation, committed for private ends by the crew or
passengers of a private ship and directed on the high seas or in a place outside the jurisdiction of any state.

12. Carjacking – Is armed robbery. It is felony-level crime, the theft or attempted theft of a motor vehicle by force or threat of
force from the person or the immediate presence of the victim.

13. Highway Robbery/Brigandage is the seizure of any person for ransom, extortion or other unlawful purposes, or the taking
away of the property of another by means of violence against or intimidation of person or force upon thing or other unlawful
means, committed by any person on any Philippine Highway.

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

Trafficking in Persons is punishable under Republic Act 9208 – otherwise known as the Anti-Trafficking in Persons Act of
2003.

15. Smuggling of human organs – which is simply the illegal procurement and/or sale of human organs. The real cause of this
form of smuggling is created by the demand for precious organs such as kidneys, hearts, livers, pancreases, and corneas.
Many thousands of person throughout the world are waiting for organ transplants.

Organ Trafficking is illegal trafficking in human body parts, especially transplantable organs that are offered without the
consent of the donor or the donor’s next of kin.

16. Art forgery and Cultural Objects – Is a crime committed by any person or entity who commits any of the following acts:

a. Affixing or causing to appear a usurped or forged signature or sign on any work of fine art;
b. Counterfeiting or imitating any original signature or sign, with the intent to deceive the public or the buyer as to the
authorship of a work of art;
c. Selling or circulating any work of fine art bearing forged or usurped signatures or signs; and
d. Imitating or reproducing any work of fine art with intent to deceive the public or the buyer as to the authenticity of the
work. (Sec. 3, Republic Act No. 9105 – Art Forgery Act of 2001)

17. Environmental Crimes – Is the deliberate evasion of environmental laws and regulations by individuals and companies in
the pursuit of personal and financial benefits. The most common types are:

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 a. Biodiversity – The Philippines, with its more than 20, 000 endemic species of plants and animals – is one of the word’s
17 “mega-diversity” countries that collectively claim two-thirds of the earth’s biodiversity within their boundaries. At
the same time, the Philippine is one of 34 global hotspots where precisely such biodiversity is highly threatened.

b. Natural Resources – Related Crime such as: Illegal fishing and illegal logging, trans-boundary movement of
hazardous wastes, toxic substances, and recyclable materials.

c. Other Environmental Offense like: bio-piracy and transport of controlled biological or genetically modified material,
illegal dumping of oil and other wastes in oceans.

Environmental Laws being implemented by the DENR or Other Agencies

a. R.A. No. 9003 – The Ecological Solid Waste Management Act

b. R.A. No. 9275 – The Clean Water Act
c. R.A. No. 8749 – Clean Air Act
d. R.A. No. 6969 – An Act to Control Toxic Substances and Hazardous and Nuclear Waste

MECHANISMS OF TRANSNATIONAL ENVIRONMENTAL CRIMES

 Transborder Flow of Toxic Substances – this occurs when pollutants that originate within one nation-state
spread to neighboring or distant countries through natural ecological process such as movement of streets,
rivers, air currents, and living organism or through deliberate transportations.

 Transborder Flow of Economic Decisions – Economic decisions that originate in one country can have
devastating and often criminal consequences for environment and people in another country. Decision of
powerful economic institutions from Europe and U.S, their profit making strategies that have often been
detrimental to the well being of the people and environments of less developed nations, frequently doing so
with the assistance of the military and political power of their home country.

 Transborder Projections of Power – Environment are harmed by transborder projections of power in the form
of military force. This problem is endemic in a world system where nation-states continue to rely on military
power to pursue economic and political goals beyond their borders both war and preparations of war, whether
offensive or defensive, pose serious treats to the health of ecosystem.

18. Other Offenses Committed by Organized Crime Group – Smuggling activities are other examples of offenses committed
by organized crime group. Smuggling refers to a number of illegal activities entailing the illegal movement of some item,
person, or persons into or from a country through some means of stealth. Smuggling involves any goods or articles imported
or exported in the country without paying the appropriate taxes or custom and duties of the goods.

19. Terrorism – Is the intentional use of violence, threat or intimidation or destruction of lives and property with the objective
of creating a state of fear in the public mind to achieve a purported political end, to coerce or influence their behavior, to
undermine the confidence of the general public on the government.

TERRORISM

Terror - comes from a Latin terrere meaning "to frighten"

Definition of Terrorism:

 (According to United Nation), terrorism is the act of destroying or injuring civilian or government properties
perpetrated by individuals or groups acting independently, or government on their own accord and belief, in an attempt
to achieve political goals.

 (According to the US State Department), Terrorism is a “premeditated, politically motivated violence perpetrated
against non-combatant targets by sub-national groups or clandestine agents, usually intended to influence an audience”

 (US Department of Defense), terrorism is the unlawful use or threatened use of force or violence against individuals or
property to coerce or intimidate governments or societies, often to achieve political, religious, or ideological objectives.

 (DND Technical Group working in the Philippines provided this definition), terrorism is the act or threat of injuring
civilians or destroying private or government properties perpetrated by individuals or groups acting independently, or
government on their own accord and belief, in an attempt to coerce group into giving in to certain demands or
concessions or to deliver beliefs, and/or to achieve some political goals.

 (Paul Pillar) a former deputy chief of the CIA’s Counterterrorist Center), argued that there are four (4) key elements
of terrorism:

a. Terrorism is premeditated – planned in advance, rather than an impulsive act of rage

b. It is Political – not criminal, like the violence that group such as the Mafia uses to get money, but designed to
change the existing political order.

c. It is aimed at civilians – not at military targets or combat-ready troops.

d. It is carried out by sub-national groups – not by the army of the country

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
  Defined broadly as terrorist acts carried out by governments in pursuit of political objectives, often as part of their
foreign policy.

 Terrorism is the calculated use of violence or the threat of violence to attain goals, often political or ideological in
nature, through fear, intimidation or coercion. It usually involves a criminal act often symbolized in nature and intended
to influence an audience beyond the immediate victim.

THREE GROUPS OF TERRORIST:

a) National Terrorist – Used to define almost all illegal acts of violence committed for political purpose by clandestine
groups.

b) Transnational Terrorist – Terrorist who operates across national boarders, whose actions and political aspirations
may affect individual of more than one nationality.

c) International Terrorist – Terrorist who are controlled by, and whose actions represent the national interest of
sovereign state

DIFFERENT VERSIONS AND UNDERSTANDING ABOUT TERRORISM:

1. The unlawful use or threatened use of force or violence by a person or an organized group against people or property.
With the intention of intimidating or coercing societies or governments, often for ideological or political reasons.

2. Terrorism is premeditated, politically motivated violence perpetrated against noncombatant targets by sub-nationals
groups or clandestine agents, usually intended to influence an audience.
3. Inherently Political – The ultimate political statement – and as such, it is relative to one’s political view. Because the
term is pejorative, terrorism is a label most likely to be attached to the violent activities of political opponents: one
person’s terrorist is another person’s freedom fighter.

4. A threat or actual use of force or violence for political or other purposes, to foster fear, insecurity, distrust, and unrest
among specific group or the general population.

5. Violence for effect not primarily, and sometimes not all for all physical effect on the actual target, but rather for its
dramatic impact on an audience.

6. The calculated use of violence or the threat of violence to attain goals, often political or ideological in nature.

7. Is violent criminal behavior designed to generate fear in the community, or a substantial segment of it, for political
purpose?

THREE TRANSITORY PHASES OF TERRORISM

1) First Phase – Dominated by Nationalism, that love of country is the motivating cause for its citizen to fight others in
cases where these National territory belief and customs are invaded by other nations.

2) Second Phase – Ethnic and ideological violence, the differences on ideological beliefs is the ground for National
citizens to react the other (ex. The western belief of liberalism against the Asian belief’s of conservatism.

3) Third Phase/ Current Phase – motivated by religious belief. The now ever ending holy war carried out by Muslim’s
over Christian world

DIFFERENT TYPES OF TERRORISM

1) Anti-Colonial Terrorism - Known in modern bureaucratic language as asymmetric Warfare used by the European
colonies as a tactic, targeting colonial administrators, foreign Nationals, and Nations sympathetic to the colonial
powers.

- Anti-colonial rebels used terrorism to make foreign occupants too costly for colonial powers.

2) Civil Disorder – A form of collective violence interfering with the peace, security, and normal functioning of the
community.

3) Political Terrorism – Violent criminal behavior designed primarily to generate fear in the community, or substantial
segment of it, for political purposes.

4) Non-Political Terrorism – Terrorism that is not aimed at political purposes but which exhibits “conscious design to
create and maintain a high degree of fear for coercive purposes, but the end is individual or collective gain rather than
the achievement of a political objective.”

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 5) Quasi-Terrorism – The activities incidental to the commission of crimes of violence that are similar in form and
method to genuine terrorism but which nevertheless lack its essential ingredient. It is not the main purpose of the quasi-
terrorists to induce terror in the immediate victim as in the case of genuine terrorism, but the quasi-terrorist uses the
modalities and techniques of the genuine terrorist and produces similar consequences and reaction. [71] For example, the
fleeing felon who takes hostages is a quasi-terrorist, whose methods are similar to those of the genuine terrorist but
whose purposes are quite different.

6) Limited Political Terrorism – Genuine political terrorism is characterized by a revolutionary approach; limited
political terrorism refers to “acts of terrorism which are committed for ideological or political motives but which are
not part of a concerted campaign to capture control of the state.
7) Official Or State Terrorism –"referring to nations whose rule is based upon fear and oppression that reach similar to
terrorism or such proportions.” It may also be referred to as Structural

TERRORIST MOTIVATIONS AND GROUP CLASSIFICATION:

 Minority Nationalistic Group – Groups fighting for the majority of the community where the support base will depend
on ethnic, religious, or linguistic minorities at odds with the majority community.

 Marxist Revolutionary Group – Terrorist movement is characterized by it’s possession of a coherent Marxist
ideology, or any persuasion, and of a long term strategy for bringing about a socialist revolution.

 Anarchist Groups – True anarchist are difficult to find since the anarchy bring lawlessness and disorder, which is a
natural state in which humans exist.

 Pathological Groups – Here, motivations normally have more to do with personal inadequacy, hatred of family or
specially identified persons or things, then with acquire ideology.

 Neo-fascist and extreme right-wing group – The threats from groups are arising worldwide, appearing to counter the
activities of the left and may pose a mere serious threat to security forces than the mere traditional terrorist groups.

 Ideological Mercenaries – It is a new term of terrorism from men to women, who, for the sake of a shared ideology
and a common faith in worldwide revolution, rather than money, are ready to cross frontiers to pursue their cause.

ORGANIZATIONAL STRUCTURE:

a) LEADERS – All other terrorist group’s boast of leadership in some form or another, leaders are often paranoid and
fanatical and yet have a legitimate front, behind which they operate consistently.

b) ACTIVE CADRES –They are the doers, the men in action with carry out orders. They are normally organized into
small active service units or cells, each specialization in one particular tactic, each containing an expert in every field.
Atypical active support cadre may consist of four to six bombers or arsonists or assassins, with few active cadres,
secrecy is easy to maintain.

c) ACTIVE SUPPORTERS – They are the group who provides the logistic needs to sustain terrorist operation.

d) PASSIVE SUPPORTERS – They are the most difficult elements to define and recognize. They consist of people who
are sympathetic to the caused of the terrorist, but often will not stand up and refuse to be counted for fear of getting
involved.

COMMON STRATEGY OF THE TERRORIST

The common strategy of terrorist is to commit acts of violence that will draw the attention of people, the government,
and the world, to their right or to the groups they represent.

Phases of a terrorist incident:

1. Pre –incident – Here, the terrorist plan the event, normally based on their intentions, short range objectives and long
term strategy and on information and experience. This involves the following:

Intelligence – gathering information through surveillance

 Target penetrations and even the use of informants

 Logistical preparation
 Acquisition and transportation of roads, arms, ammunitions, and explosives, and rehearsals
 During this phase secrecy and operations security are of utmost important for success

2. Initiation Phase - It is the point of no return, it is the event that marks the beginning of the operation, it is marked
by movement of objectives.

3. Climax Phase – The climax marks the errors of the incidents.

4. Post-Incident Phase – It is the time when the terrorist regroup and engage in self-criticism. The criticism will provide
valuable input for the pre-incident phases of subsequent operations.
Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
COMMON TACTICS OF TERRORIST:

Whatever tactics, the terrorist may employ, they are certainly simple to carry out, dynamic in their effects, hit-and-run
by nature, and designed for the impact on the public rather than the victim.

a) Bombing – Tactic common to most terror groups because bomb is cheap to produce, easy to make and is difficult to
detect and trace after the event.

b) Hoaxes – If their credibility is established, they use well made hoax bombs to continue to disrupt and to keep the
security forces guessing for a long time.

c) Arson – Has been used to destroy and disrupt such targets at public utilities, political headquarters, and more commonly
economic and industrial targets such as: shops, factories, hotels, shopping malls. A method of starting a fire is with
time-delay incendiary device often carried in a cigarette packet or cassette tape container. They are easy to conceal and
are always difficult to detect.

d) Hijacking – Hijacking and skyjacking were very much an event in the 1960’s and 1970’s. Favorite tactics of terrorist in
any terrorist activity, the hijacking of vehicles can and should be associated with atrocity. Additionally, hijacking
legitimate ve3hicles give terrorists a better meant to approach a closed government facility.

e) Ambush – Terrorist can choose his own time and place of operation and if his intended victim continually uses the same
route, the terrorist can conduct countless rehearsals and before actually moving in for the kill.

f) Kidnapping – Not all ambushes and kidnapping are designed to kill the principal bit it did acted out when extreme
precision and with definite goals in mind by two separate, dedicated terrorist groups (ex. Abu Sayaf group and the
ISLAMIC Liberation Font.

g) Assassination – Oldest of all terrorist tactics and still it is widely used today. Targets are often predictable and
assassinations are invariably claimed by the terrorists themselves who create against government officials, corporate
executives, and police and security officials among others.

h) Hostage-Taking – Hostage-takers will confront authorities and openly hold his victim for ransom, the hostage-takers
demands are often material in nature. Political concessions are frequently demamded in exchange for the lives of
hostages.

ROOT CAUSES OF TERRORISM:

A) POLITICAL IDEOLOGY

Ideology – Body of ideas reflecting the social needs and aspirations of an individual, or group, a class or a culture

- A set of doctrines or beliefs that form the basis of a political, economic or other system

Terrorism as a Political Instrument

History is replete with events related to terrorism with an end in view of promoting an ideology and to grab power from
incumbent government. Way back from time immemorial the legitimacy of government depends on the power exercised by the
incumbent who took power whatever means.

The ultimate object of terrorism is to change political behavior. ( Cooper)

Terrorism is not a psychological phenomena; it represents violent political behavior. Terrorist does not act with psychological
inadequacies but from political circumstances. (Liqueur)

Although terrorism frequently involves criminal activity, terrorist are not typical criminals. They commit crime for
political purposes. ( Jerkins)

Terrorism involves violence but criminal behavior is a result of political and social circumstances; that is, terrorism
involves variables that can be measured in criminological scales. The measurable by-products can be examined through
psychological factors that vacillate with political circumstances. (Ross)

Some Marked Events and Personalities of Political Terrorism in the World

 The Tiananmen Massacre
 The East Timor Invasion
 Mao Zedong (Mao Tse Tung) of China
 Joseph Stalin of Russia
 The Chinese Ideology Imposed on Tibetans
 Haile Sellaise of Ethiopia
 Ho Chi Minh
 The Mystery Behind the Vatican Wall
 The Lincoln and Kennedy Assassination
 World Trade Center Bombing

The Six Asian Presidents Sabotaged by their Own Generals:

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 a. Kusnasosro Soekarno of Indonesia by Gen. Soeharto in 1965
b. Ali Bhutto of Pakistan by Gen. Zia in 1997
c. Jung Hee Park of Korea by Gen. Kim in 1979
d. Anwar Al-Sadath of egypt by Gen. Mubarak in 1981
e. Indira Gandhi of India by the General in Conspiracy with the Sheik bodyguard in 1984
f. Ferdinand Marcos of the Philippines by Gen. Ramos in 1986

Political Terrorism identifies three forms of terrorism: (Paul Wilkinson)

1. Criminal – Terrorist simply engage in all types of crime since they recognize no law.

2. Political – The state repression, ideological revolutionary activities or Nationalistic Revolutions.

a) State Repression – Refers to a government using terror to keep- citizen in line

b) Ideological Revolutionary Terrorism – Focuses on violence to change a political system

c) Nationalistic Terrorism – emphasize the ethnic structure of government over its ideological
underpinnings.

3. State Sponsored – Both Nationalistic and revolutionary terrorism can be sponsored by the state, as its arms in
a surreptitious manner or a statute to promote its personal ends.

HOW POLITICAL IDEOLOGIES TERRORIZE THE WORLD:

a) The Tiananman Massacre – Youth pro-democracy protesters strongly go against the authoritarian rule of Beijing
that causes the killing orgy by the Peoples Liberation Army under the rule and orders of Deng Xiaoping to those
who against Communism. The horrible carnage took place on June 4, 1989.

b) The East Timor Invasion – The invasion of east Timor is a costly price the Indonesian is now paying. A former
colony of Portugal, East Timor is predominantly Christian by religion until the time when President Suharto of
Indonesia ordered military occupation in 1991. Resistance from East Timorese people drew raves of world
protestations and indignations towards Indonesian government.

c) The Tibet Occupation by China – Tibet exist in a very peaceful environment under a Buddhist religion called
“Lamaisa” and its spiritual called Dalai Lam. But in all circumstances, China invaded Tibet on 1951 and abolished
serfdom, it collectivized agriculture and forcibly assimilate the Tibetans. It imposed Chinese as the official
language and banned all religious worships. In the name of Ideology China imposed martial Law in 1989 to 1992
to quell Tibetan resistance. Despite subjugation and in throes of death, violent indignation and condemnation of
Chinese atrocities were renewed where most spiritual leaders were tortured and imprisoned.

d) The Political Conquer of Africa – Ethiopia is a sun-soaked in eastern Africa. Due to hunger of power, Haile
Sellasie, a self proclaimed king in 1928, he ruled and terrorized his own people in a barbaric manner without
qualms or remorse to satiate his hunger for pelf and power. He murdered his most trusted officer to get the
officer’s young wife as is mistress.

He sized properties with gusto and stupefied even the silent murmur of dissent. This is the darkest era
to ever clobber the dark continent of Africa. He had bitten more than what he can chew. Sellaisie’s
ruthlessness and savagery of his own people humbled all African leaders combined.

e) Vietnam War caused by Ideology – Vietnam is a country divided into two, the communist-led North Vietnam and
the non-communist South Vietnam in accordance with Geneva conference of 1954. This division creates an
environment of ideological warfare known as the Vietnam War. The bloody conflict ended only when communist
forces occupied Saigon in April 1975 now named Ho Chi Minh City. To ravel the situation, allied forces led by the
Us intervened, but what did it cost, more death and suffering of the people they seek to protect.

The cost of Vietnam War in terms of the loss of lives and properties is priceless. The ideological clash
of the two world Titans is too recent to forget but painful to remember

B) RELIGIOUS FANATICISM AS THE SOURCE OF TERRORISM

“Religion is a complex phenomenon with many definitions, as many as there are authors articulating its methodology
and theology” (Ninian Smart)

“Religion has its origin in the form of vision” (Wainwright)

“Religion is a form of belief which is evident in highly structured societies” (Stork)

Religious Fanaticism (Religious Fundamentalism) – Takes the form of a dogmatic and isolationist extremist and claims
superiority of faith only the tradition concept.

Fanatics – Those marked by excessive enthusiasm and often intense uncritical devotion.

RELIGIOUS ILL OF A TEMPORAL SOCIETY:

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
  Exaggerated mythological truth pseudo fundamentalist to force the believer to accept the unacceptable and make the
people blindly embrace glorified rituals, thus altering the truth.

 No parameters of differentiation between fundamentalists, charlatans, biblical preachers, doom’s-day prophets

 Fanaticism that is ruthless and cruel that is breeded in the covenant, and fueled by the religious dogmas of conviction.

 Deus volt (God’s Will) – the battle-cry that Christian crusaders used to slaughter millions of infidels.

 Gott mit uns (God is with us) – the Nazi instrument/motivation to go for war.

 Allah (God) – in his name, the Muslim fanatics, maimed and killed with equal fervor and ferocity.

GLOBAL TERRORISM BY RELIGION

 Pontious Pilate of Rome – During his reign, the citizens were bludgeoned to death, burned at stake or thrown into the
lion’s den if they vehemently refuse to accept the cross.

 Stalin of Russia – Thousands after thousands of skeletal remains were discovered in Russia and its satellite states, a
grim reminder that any one who was against the personality cult of Stalin was doomed to death.

 Mao’s Red Army in China – During its reign purge, anything that looks churchy were destroyed and vanished to
extinction. Only those who pay homage and reverence to Mao’s thoughts find comfort and insurance and peace.

 Adolf Hitler of Germany – Subjugated and exterminated more than six million (6,000,000) Jews into gas chambers,
this implies without an iota of doubt of religious persecutions to satiate the Feuhrer’s mad-craze and genocidal dreams
of building an “Arian race”.

Cult – An organization brazed with spiritual or ethical belief.

It is suggestive of being the first stage of development into religion. It start from the recruitment process facilitated
through the technique of psychological coercion, and when the flocks were enthralled under the magic spell of interpersonal
influences of the charismatic leader, they were financially, physically exploited and sexually abused.

Sect – Groups which believe on unorthodox rituals crafted from established religious ideology.

GLOBAL EVENT OF CULTISM

 1978, more than nine hundred (900) members of Jim’s Jones Temple in Jonestown, Guyana drink poison to death as
part of their spiritual rituals and belief of mortality after death.

 1993, David Koresh, self-styled Messiah of the Davidan’s Branch gained the international stage when almost one
hundred of their followers chose to die than to surrender to US Government Agents in an armed confrontation at Waco,
Texas.

 Sun Myung Moon of Korea, known as “Moonies”, a self-described prophet religious order at Syanon which gained
world-wide adherents presently being looked-upon by the world’s political leadership with alacrity and scorn as
subterfuge of white-slavery and exploitation.

 March 28, 1997; 39 victims were videotaped as part of the elaborate suicide rituals of the “Haven’s Gate Cult”, it sends
shockwaves to all capitals of the world.

 Marshall Applewhite, the charismatic leader who died with the group, declared that their death is anchored on a
greater plan to join with space aliens, purportedly following the comet Hole-Bopp to earth. They believe in death and
resurrection as a condition precedent to joining the so-called superior space beings.

 Other religious groups sprouting in the guise of faith; like the El Shaddai, Soldier of Christ, Jesus is Lord, Rizalistas,
Opus Dei, Iglesia ni Cristo and so many others who are hiding in the mantle of religious freedom. These hungry worlds
of spiritual mooring and wealth, nothwithstanding the clossal blunders, these prophets of doom, self-styled apostles of
biblical apocalypse and televangelist with skyrocketing popularity are made the instruments of politicians especially
during elections. They are the main arm to win both local and national elections.

a. International terrorism – politically-oriented extreme violence that is perpetrated by residents or representatives of

one or more countries against the interest of another country or by members of a violent foreign politically directed
organization not affiliated with the country being attacked for the purpose of forcing a change in government or in how
society functions.

b. Domestic Terrorism – politically oriented extreme violence that is perpetrated by residents of a country within that
country in order to force a change in government or how in society functions

c. Al Qaeda – In Arabic, this means The Base; founded by Osama bin Laden in 1980.

d. Osama bin Laden organized al Qaeda; died killed in Pakistan on May 2, 2011 (Operation Neptune Spear).

e. Ayman Mohammed Rabie al-Zawahiri an Egyptian physician, Islamic theologian and current leader of al-Qaeda
f.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene
 g. Hamas ("enthusiasm”) - an acronym of Ḥarakat al-Muqāwamah al-ʾIslāmiyyah "Islamic Resistance Movement"), is the
Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas is an extremist group...it is one
of the deadliest terrorist organizations in the world today.

h. Hezbollah – literally "Party of God“, a Shi'a Muslim militant group and political party based in Lebanon.

i. Jemaah Islamiya – know to its aliases as: "Islamic Congregation, Islamic Community, Islamic Group; Base of
Operation: Indonesia; Malaysia; Philippines; Singapore;

j. Founding Philosophy: Create an Islamic state across Southeast Asia to include Singapore, Indonesia, Malaysia,
Brunei, southern Thailand, and southern Philippines.

TERRORIST IN THE PHILIPPINES

a. Rajah Solaiman Movement – aka “Balik Islam” or “Back To Islam”. Founded by Hilarion del Rosario Santos III aka
Hannah Santos, aka Ahmed Santos, aka Hilarion del Rosario, converted to Islam in 1993 and married into the top ranks
of the leadership of the Abu Sayyaf Group (ASG). One of the latest groups affiliated with ASG, MILF and JI

b. Abu Sayyaf Group (ASG) – Known to its Aliases: Al-Harakat Al-Islamiyyah, Bearer of the Sword, Father of the
Swordsman. The ASG was formed in 1991 during the peace process between the Philippine government and the
nationalist/separatist terrorist group, the Moro National Liberation Front (MNLF). Angered by the movement toward a
peaceful resolution, certain MNLF members formed Abu Sayyaf

Acts of Terrorism (R.A. 9372 – Human Security Act of 2007)

Any person who commits an act punishable under any of the following provisions of the RPC:

1. Article 122 (Piracy in General and Mutiny in the

2. High Seas or in the Philippine Waters);
3. Article 134 (Rebellion or Insurrection);
4. Article 134-a (Coup d’ etat), including acts committed by private persons;
5. Article 248 (Murder);
6. Article 267 (Kidnapping and Serious Illegal Detention);
7. Article 324 (Crimes Involving Destruction)
8. or under

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

b. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
c. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
d. Republic Act No. 6235 (Anti-Hijacking Law);
e. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
f. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)thereby sowing and
creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the
government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of
forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.

Prepared by: Phoenix :( Review 2, Department of Criminology) From the notes of Sir Rudy Gahar and Arlene