Compilation of CDI Lesson 1-9 (Review Notes)
Compilation of CDI Lesson 1-9 (Review Notes)
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Apply the different modes, methods, types, and techniques of gathering,
collection, preservation, and processing of information such as but not
limited to: Intelligence; Surveillance; Informants; Informers; Regular and
Cultivated sources of information; Undercover; Background Investigation;
Cyber Intelligence and Cyber Investigation; Codes and Ciphers;
Classification of Information and Sources; Security and Access of
Document/Information including its classification; and others;
2. Use the principles, procedures, legal requirements, methods, and
techniques of the following but not limited to: Arrest with and without
warrant; Raid, Search with and without warrant; search of arrested persons;
check and choke points; crime scene processing; a collection of evidence
and chain of custody; crime scene photography and crime sketch;
deposition, confession, and admission; and others.
3. Apply the different modes, methods, types, and techniques of gathering,
collection, preservation, and processing of information such as but not
limited to: Intelligence; Surveillance; Informants; Informers; Regular and
Cultivated sources of information; Undercover; Background Investigation;
Cyber Intelligence and Cyber Investigation; Codes and Ciphers;
Classification of Information and Sources; Security and Access of
Document/Information including its classification; and others;
CRIMINAL INVESTIGATION – is an art which discover how it was committed, by whom, where it
deals with the identity and location of the offender was committed, when and why it was committed
and provides evidence of guilt through criminal (Cardinal points of Investigation 5W’s and 1H).
proceedings.
SIX CARDINAL POINTS OF
INVESTIGATION DEFINED: The collection of INVESTIGATION
facts to accomplish a three-fold aim:
WHAT specific offense has been committed?
a. to identify the guilty party;
Nature of crime
b. to locate the guilty party; and
WHEREcrime was committed?
c. to provide evidence of his
guilt. Place or location
Inquiry – after all information have been Place the subject in the proper frame of
given by the subject, that is the time for the mind. The investigator should provide emotional
investigator to as question to clarify him about the stimuli that will prompt the subject to unburden
case under investigation. himself by confiding. Analyze the subject’s
personality and decide what motivation would
Conclusions – after the interview, it is but prompt him to tell the truth, and then provide those
proper to close the interview with outmost courtesy motives through appropriate emotional appeals.
and thanking the subject for his cooperation.
Sympathetic appeal
RULES TO BE OBSERVED IN
QUESTIONING The suspect may feel the need for
sympathy or friendship when he is apparently in
a. One question at a time trouble. Gestures of friendship may win his
cooperation.
b. Avoiding implied answer
Kindness
c. Simplicity of the questions
The simplest technique is to assume that
d. Saving faces the suspect will confess if he is treated in a kind
and friendly manner.
e. Avoid close ended questions (yes or
no) Extenuation
3. INSTRUMENTATION
h. changing clothing
Never touch, move, or alter any object at the crime a. Makes a general assessment of
scene unless it has been photographed, measured, the scene;
and sketched from any conceivable angle.
b. Takes a cautious walk- through
UPON RECEIPT OF THE CRIME INCIDENT of the crime scene;
f. Title
C. Preparation of Narrative Report
c. Spiral or Circular Method – the PHYSICAL EVIDENCE – these are the articles
searchers will follow each other in the and materials which are found in connection with
path of a spiral, beginning in the investigation and which aid in establishing the
the outside and spiraling towards the identity of the perpetrator or the circumstances
under which the crime was committed or which, in G. Conduct of Final Survey
general assist in the prosecution of criminal. It
embraces any object, living or inanimate, solid, The team leader makes a final review on
liquid, or gas state. the crime scene to determine whether or not the
processing has been completed.
What are the procedures needed for the care of
physical evidence? H. Release of the Crime Scene
In order to introduce physical evidence in The release of the crime scene is done if
court, three important factors must be considered: the investigator is satisfied that all pieces of
evidence have been recovered. Thus, the
a. The article must be properly identified investigator must evaluate the items recovered from
the results of the interrogations of the suspect/s and
b. Chain of custody must be proved the interview of the witnesses. He must bear in
mind that upon the formal release of the crime
c. The evidence must be material and
scene to the proper authority, the warrant is already
relevant
required for his re-entry to the crime scene.
CHAIN OF CUSTODY
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Explain, use and organize the principles, techniques, methods, and legal
requirements of the following; Crime Scene search for each Crime falling
under Crime against persons of the Revised Penal Code and relevant
Special Penal Laws;
2. Examine and understand the following: types and classification of open and
closed wounds, including defense wounds, gunshot wounds, sexual
assault/rape related wounds; the type of weapon/instrument used that
caused the wound/injury; characteristics of wound and healing periods of
wounds; changes in the body of the dead person; poisoning and the
characteristics/changes of the human body due to poison; types, degrees or
characteristics of burned, scald, frostbite; other related and relevant forms
of injury
3. Examine, carryout, and organize the evidence, testimony, and documents
required to prepare and process in the filing of cases for each specific crime
falling under Crime Against persons under the Revised Penal Code and
relevant Special Penal Laws;
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Explain, use and organize the principles, techniques, methods, and legal
requirements of the following; Crime Scene search for each Crime falling
under Crime Against Property of the Revised Penal Code and relevant
Special Penal Laws;
2. Examine, carryout, and organize the evidence, testimony, and documents
required to prepare and process the filing of cases for each specific crime
falling under Crimes Against Property of the Revised Penal Code and
relevant Special Penal Laws;
3. Explain, use and understand the principles, techniques, methods, types,
kinds, and legal requirements of the following: Interview; Interrogation;
Symptoms of Guilt; kinds, types, and characteristics of subjects under
Interrogation or Interview; types, kinds, knowledge, and skills of the
interviewer, and interrogator; Confession, Admission, and deposition.
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Recall, explain and use the legal provisions of the following: Registration
and renewal of motor vehicles; Driver’s License and renewal; traffic signs,
traffic lights, and other control devices, pavement markings, speed limit;
conduction permit, license plate; passengers on the top cover, failure to
provide canvas cover to cargos, permitting a passenger to ride on running
board, step board or mudguard; failure to dim headlights when approaching
another motor vehicle, hitching or permitting a person or a bicycle,
motorcycle, tricycle or skate roller to hitch to a motor vehicle, counter Flow,
illegal U-turn, Right of Way Rule, the Rule on Overtaking; and other special
penal laws such as seatbelt, drunk driving, distracted driving and others;
2. Described, explain, and use the principles of the following: Pillars of Traffic
Law Enforcement; Pillars of Traffic Management; Pillars of Traffic
Administration; legal provisions on Early warning devices, road worthiness
of vehicles, extra loud mufflers and horns, smoke-belching, and the lemon
law;
3. Explain, use, and organized the processes of traffic accident investigation,
hit and run, collision and non-collision type of accident, Chain of Events in
an accident, key event of an accident, causes of accident, Marks on the
road in a collision and non-collision type of accident, the Last Clear Chance
principle, the state of necessity principle, civil and criminal liabilities of
driver’s and operators in an accident, the implication of accident to the
franchise of Public Utility vehicles, and the administrative liability of driver’s
license in an accident, means in committing a crime, and process of filing
charges in vehicular related incidents.
WHEEL RAILWAYS
- was invented probably in Western Asia
- channel of transportation wherein a
parallel line of irons were used as roads AGENCIES INVOLVED IN THE
- the first railroad is the Stockton and ENFORCEMENT OF TRAFFIC
Darlington line (1925)
Land Transportation Office
TRAFFIC - tasked to enforce laws, rules and
- it refers to the movement of persons, regulation governing the registration of motor
goods, or vehicles, either powered by combustion vehicles, operation of motor vehicle and traffic
system or animal drawn vehicle, from one place to rules and regulation as provided by RA 4136 as
another for the purpose of safe travel amended.
- originated from Greco-Roman word Land Transportation Franchising and
Trafico and Greek word Traffiga, origin of which is Regulatory Board
not known - tasked to regulate transport route
- regulate franchising
THE 5’Es OF TRAFFIC - prescribe fare rates
- investigate traffic cases
1. ENFORCEMENT - perform judicial function
- the action taken by the police, such as - promulgate rules
arresting, issuing traffic citation ticket and - impose and collect fees
providing warning to the erring driver for the - formulate and enforce rules and regulation
purpose of deterring and discouraging and or for transport operation for promotion of safety and
preventing such violation convenience of public
- coordinate with concerned agencies and
2. EDUCATION enforce E.O. NO 125,124-A and
- the process of giving training and practice E.O. 202 dated June 19,1987
in the actual application of traffic safety knowledge
Department of Transportation and
3. ENGINEERING Communications
- the science of measuring traffic and travel, - in charge of planning programs
the study of basic laws relative to the traffic law coordinating implementing and perform
and generation; the application of these knowledge administrative function and promotion
to the professional practice of planning, deciding, development and regulation of dependable and
and operating traffic system to achieve safe and coordinated network of transportation and
efficient transportation of persons and goods communication in order to have fast, safe, efficient
and reliable postal transportation and
4. TRAFFIC ECOLOGY/ ENVIRONMENT communication services (EO No. 125.)
- the study of potentially disastrous
population explosion, changes in urban Metro Manila Development Authority (MMDA)
environment due to the scale and density of new - created under RA. 7924 and sets policies
urban concentration and new activities carried out, concerning traffic in Metro Manila, coordinates and
air pollution, water pollution and crowding, regulates implementation of program related to
transport congestion which result therein traffic
MANAGEMENT Judiciary
- it is an executive function such as - the branch of government that interprets
planning, organizing, Directing and supervising, the law through adjudication of cases
coordinating operating recording and budgeting
traffic affairs Traffic Management Group (TMG)
- the basis service of the PNP tasked to SAFETY CAMPAIGN
direct and control traffic, perform accident - the aim of this campaign is to make road
investigation, enforce the laws and issue citations. users behave properly
- focuses on public information attitudes;
AGENCIES RESPONSIBLE FOR TRAFFIC this is characterized as road propaganda
ENGINEERING
BIORHYTHM
Department of Public Works and Highways - the theory asserting that man exhibit
- has responsibility of determining traffic constant variation of energy and mood states
flow planning approval of program and budget
finding of construction and maintenance of road The Environmental Factors in Man’s Theorized
and instrument Cycles and Interpretation of Biorhythm
1. The exchange of Light and darkness
Local Public Works and Engineering Offices 2. The four seasons
- local government units and 3. Wet and dry seasons
instrumentalities that have the same function as the 4. The waxing and waning of the moon
DPWH
- perform such powers within their
territorial boundary The Biorhythm Cycle
1. 23 days of physical cycle
AGENCIES INVOLVED IN TRAFFIC 2. 28 days of emotional cycle
EDUCATION 3. 33 days of intellectual cycle
Schools
The High State
Elementary Physically high
- tasked to educate children to obey traffic - people are energetic, strong and agile
rules through their programmed curricula Emotionally high
- people are creative, artistic and happy
Secondary Intellectually high
- tasked to educate students in obeying tha - people think quickly and logically
traffic rules by imposing school policies intended
for the welfare of the students The Low State
Physically low
Higher Education - people tend to be tired and succumb to
- they offer subjects on driving and traffic sickness
safety course or any allied subjects Emotionally low
- people are moody, irritable and depressed
TRAFFIC EDUCATION Intellectually low
- is priceless gem in the entire scale of - people find it difficult to think logically
social order of the road and lacks coordination
- is the process of inculcating to an
individual the knowledge, skill, responsibilities and LEGAL SYSTEM FOR TRAFFIC SAFETY
values to become a fully developed person
- the key to smooth traffic flow is discipline LICENSING SYSTEM
and to acquire discipline people must be educated - it is the system of issuing license to any
person who is qualified to fulfill the responsibilities
PURPOSE OF DRIVER EDUCATION required by the licens
1) To Instill awareness of one's legal and - administered by the LTO
moral responsibilities in traffic; and
2) To teach abilities required for one to be DRIVER’S LICENSE
eligible for a driver’s license. - issued to the drivers as privilege granted
by the government providing statutory qualification
CONDUCTOR
LICENSING PROCEDURE - Licensed person allowing limited number
of passengers, freight or cargo in public utility
REQUISITES FOR ISSUANCE OF LICENSE truck or buses
- At least 16 years old for student’s permit
- 17 years old for sub-professional TEN COMMANDEMENTS OF TRAFFIC
- 18 years old for professional 1. KEEP RIGHT - (two lanes, two ways) in
case of one way the left lane shall be the
KINDS OF DRIVER’S LICENSE fast lane and the slow lane is the right.
1. Student permit 2. OBSERVE ROAD COURTESY- yield
2. Non-professional to emergency vehicle, pedestrians, trains,
3. Professional vehicle with right of way, vehicles ahead,
4. Military large vehicles, uphill traffic, vehicles with
5. International momentum, straight traffic, and traffic
signs.
Emergency Vehicles:
RESTRICTION CODE 1. Vehicle with physician
1. Restriction Code No 1 - limited to drive 2. Ambulance on emergency call
motor motorcycles 3. Vehicle with wounded or sick person
2. Restriction Code No 2 - limited to drive 4. AFP/ PNP vehicle on official call
vehicle weighing not more than 4500 kg 5. Vehicle in pursuit of criminals
3. Restriction Code No 3 - limited to drive 6. A police or fire on call
vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive
weighing 4500 kg and with automatic
transmission only RIGHT OF WAY RULE
5. Restriction Code No 5 - limited to drive - the right to proceed ahead of another
vehicle with automatic clutch and vehicle or pedestrian
weighing more than 4500 kg 1. Intersection- when two or more vehicle is
entering an intersection the one on the left
DRIVER will give way to the right vehicle.
- Licensed operator of a vehicle 2. Pedestrian- drivers should yield to
pedestrian crossing except at intersection
DUITES OF DRIVER IN CASE OF whereas the movement of vehicles is
ACCIDENTS regulated by a police officer.
1. Stop immediately. 3. Through highway/ railroad crossing- the
2. Show the license to the victim and give driver shall bring to a full stop before
the true name, address and contact traversing to an intersection. If there is no
number. hazard the driver may slowdown to 5mph.
3. Driver is not allowed to leave the scene 4. Police /emergency vehicle- all drivers
without aiding the victim. should yield to emergency to emergency
vehicle except as directed by traffic
EXCEPTIONS TO THE PRECEEDING enforcer. Fire trucks are accepted to speed
TOPIC limit but they are prohibited to have
1. If he is in imminent danger of being unnecessary speed.
seriously harmed by reason of accident; 5. From private road to highway- vehicle
2. If he reports the accident to the nearest from private road must yield to that on a
police station; and highway.
3. If he has summoned the physician or nurse
to aid the victim. 3. PROHIBITED PARKING
Places where parking is prohibited:
1. Near an intersection - Observe and obey traffic notices sign like
2. Crosswalk/ pedestrian lane notices and pavement markings.
3. Within 6 meters from drive way of any
response installation, fire hydrant and 8. THE PHILOSOPHY OF PINOY
private roads DRIVER
4. Double parking - Motorist should observe equity of the lead
5. Sidewalks, alleys, foot of the bridge vehicle, doctrine of the last clear chance on rotunda
6. Places wherein official signs are posted drive.
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Explain the concept of Combustion
2. Illustrate the Classifications, Causes, Prevention, Control, and
Extinguishments of Fire;
3. Recall the Organization, & Mandates of the Bureau of Fire Protection;
4. Understand, and critique The Revised Fire Code of the Philippines of 2008
(RA 9514), its IRR, and The Law on Destructive Arson and relevant
provisions of the Building Code of the Philippines;
5. Implement the Techniques and Procedure in Fire and Arson Investigation
and Processing of Arson Evidence and filing of charges in court.
FIRE For many years, the fire triangle (oxygen, fuel and
- a rapid, self-sustaining oxidation process heat) was taught as the components of fire. While
accompanied by the evolution of heat and this simple example is useful, it is NOT technically
light of varying intensity correct.
- an active chemical reaction that takes TETRAHEDRON OF FIRE
place between fuel, heat and oxygen in the - a geometric representation of what is
form of light and noticeable heat required for fire to exist, namely, fuel, an
- a chemical reaction; the rapid oxidation of oxidizing agent, heat, and an uninhibited
a fuel producing heat and light chemical reaction
- an oxidation taking place with a rate rapid
enough to produce heat and light
Some of the Arson Evidence that the Is Motive Necessary to be Proven in Criminal
Investigator should seek at the Fire scene are the Proceedings?
following: No. motive is not necessary to be proven
1. Unusually rapid spread of the fire. in criminal proceedings but once motive is
2. Where it originated? shown, then intent can easily established.
3. Separate fires – when two or more In the crime of arson, the distinction
separate fires break-out within a building, between motive and intent is clearly
the fire is certainly suspicious. defined. INTENT is a material element of
4. Unusual odors – the odor of gasoline, arson while motive is not. INTENT is the
alcohol, kerosene and other inflammable purpose of design with which the act is
liquids are indicated by their done and involves the will while MOTIVE
characteristics and oftentimes, arsonists is what induces the criminal.
are trapped because of this tell tale signs.
5. Objects that appear to be foreign to the Motive Can Be Established By:
scene such as cans, candles, matches, I. Economic Gain
explosives, electrical appliances such as A. Insurance fraud with the assured directly
irons, heating elements, clocks, radios, benefiting:
flammables, trailers, etc. 1. Desire to move
6. Charring pattern may indicate fire – the premises may no longer be desirable
characteristics. The fact that the fire feeds on because of the condition of the building, the fact
combustible while propagating itself, indicates that that the quarters are outgrown or because of the
the char will generally be deepest from where the locality.
fire originates. When a fire is extinguished quickly, 2. Disposing of Merchandise
the charring is only slightly below the surface. Fire – the stocks on hand may have lost value by
burning for a longer period of time will indicate a reason of the seasonal nature of the business,
char that is deep and pronounced. These facts are obsolesce, scarcity of materials necessary to
most apparent in the charring of wood as a fire complete the contracts, overstock in the absence of
burns. The charring from fire on woods looks like expected order or a changing market.
the hide of a black alligator. Fire extinguished 3. Property Transaction
quickly on wood will show a large alligatoring – the business itself may no longer be
pattern that has not penetrate the wood to any desirable because of impending liquidation,
extent. Fire burning for a long period of time on settlement of an estate of which it is a part, the need
wood will show small alligatoring pattern but the for cash, prospective failure, the comparatively
char will go deep into the wood. The direction of greater value of the land, or the comparatively
fire can also be taken into consideration with greater value of the insurance benefits.
charring. The exposed side of combustible will B. Profit by the Perpetrator other than the
have a deeper char than the unexposed side. assured:
7. Evidence of forcible entry or lack of same may 1. Insurance agents wishing
be important depending on the circumstances at the business
2. Insurance adjusters desiring to 4. Sexual Deviates – some sex perverts
adjust a loss by securing a derive sexual stimulation from setting a
contract fire and watching the flame. Frequently,
3. Business competitors he is chronic masturbator who stimulates
4. Persons seeking jobs as and enhances his sexual gratification by
protection personnel means of arson.
5. Salvagers
6. Contractors wishing to rebuild or Public Disturbance
wreck - an offender may resort to arson as a means
of a public disturbance because a fire attracts
Concealment of Crime: people and destruction causes confusion that gives
the arsonists may set fire to a rise to attendant problems that divert police
building in order to conceal a attention.
projected or past crime. He may Vandalism
wish to divert attention in order – is a general term
to loot the burning premises or denoting intentional
steal in other places. The burning burning to destroy
may be for the purpose of properties.
destroying evidences.
In determining motive, a fire investigator
Punitive Measure: concentrates on three major factors:
- An arsonists may use fire as a means of 1. Points of origin of the fire
punishing another person for reason of jealousy, 2. Modus operandi of the arsonist
hatred or revenge. 3. Identify of persons who might benefits
Intimidation or Economic Disabling: from the fire.
- The fire may be used as a weapon of the
saboteurs, the strikers or the racketeers to Incendiary Materials
intimidate or to disable economically as a step - materials used to start a fire; combustible
toward forcing submission to certain demands. fuels
Pyromania 1. Arson Chemicals (liquids) – are
– is the uncontrollable impulse of a person incendiary materials often used by
to burn anything without motivation. Pyromaniacs arsonists as accelerants. Possess excellent
usually do not run away from the scene of the properties. Examples: alcohol, benzene,
crime, usually alone and feel satisfied watching the petroleum ether, gasoline, kerosene,
flame naptha, turpentine.
Types of Pyromaniacs: 2. Gases as acetylene, butane, CO, ethylene,
1. Abnormal Youth – Epileptics, imbeciles hydrogen, natural gas, propane, these are
and morons may set fire without knowing common gases resulting in fires from
the seriousness of the act. explosion. These when mix with air
2. The Hero Type – a person may set fire on possess excellent in ignition properties and
a building, subsequently pretends to when present in an enclosed area can lead
discover it and turn in the alarm so that he to explosion.
will appear a hero to the public. A person 3. Solids as chlorates, perchlorates,
may burn a building and endeavor to chromates, bichromates, nitrates,
achieve spectacular rescue in order to permanganates – are typical families of
attract the attention of spectators. oxidizing agents which give off oxygen on
3. Alcoholics and Drug Addicts – persons decomposition thus aiding in combustion.
who subject themselves to intense
artificial stimulants such as narcotics FIRE CODE OF THE PHILIPPINES
sometimes develop a strong urge toward Republic Act No. 9514
incendiaries. - Approved on December 19, 2008
- Repealed PD 1185
- known as the "Revised Fire Code of the Dust - A finely powdered substance which, when
Philippines of 2008". mixed with air in the proper proportion and ignited
will cause an explosion.
Definition of terms Electrical Arc - An extremely hot luminous bridge
Abatement - Any act that would remove or formed by passage of an electric current across a
neutralize a fire hazard. space between two conductors or terminals due to
Administrator - Any person who acts as agent of the incandescence of the conducting vapor.
the owner and manages the use of a building for Ember - A hot piece or lump that remains after a
him. material has partially burned, and is still oxidizing
Blasting Agent - Any material or mixture consisting without the manifestation of flames.
of a fuel and oxidizer used to set off explosives. Finishes - Materials used as final coating of a
Cellulose Nitrate Or Nitro Cellulose - A highly surface for ornamental or protective purposes.
combustible and explosive compound produced by Fire - The active principle of burning,
the reaction of nitric acid with a cellulose material. characterized by the heat and light of combustion.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic Fire Trap - A building unsafe in case of fire
substance, materials or compound having cellulose because it will burn easily or because it lacks
nitrate (nitro cellulose) as base. adequate exits or fire escapes.
Combustible, Flammable or Inflammable -
Descriptive of materials that are easily set on fire. Fire Alarm - Any visual or audible signal produced
Combustible Fiber - Any readily ignitable and free by a device or system to warm the occupants of the
burning fiber such as cotton, oakum, rags, waste building or fire fighting elements of the presence or
cloth, waste paper, kapok, hay, straw, Spanish danger of fire to enable them to undertake
moss, excelsior and other similar materials immediate action to save life and property and to
commonly used in commerce. suppress the fire.
Fire Door - A fire resistive door prescribed for
Combustible Liquid - Any liquid having a flash openings in fire separation walls or partitions.
point at or above 37.8_C (100_F). Fire Hazard - Any condition or act which increases
Corrosive Liquid - Any liquid which causes fire or may cause an increase in the probability of the
when in contact with organic matter or with certain occurrence of fire, or which may obstruct, delay,
chemicals. hinder or interfere with fire fighting operations and
Curtain Board - A vertical panel of non- the safeguarding of life and property.
combustible or fire resistive materials attached to Fire Lane - The portion of a roadway or public way
and extending below the bottom chord of the roof that should be kept opened and unobstructed at all
trusses, to divide the underside of the roof into times for the expedient operation of fire fighting
separate compartments so that heat and smoke will units.
be directed upwards to a roof vent. Fire Protective And Fire Safety Device - Any
Cryogenic - Descriptive of any material which by device intended for the protection of buildings or
its nature or as a result of its reaction with other persons to include but not limited to built-in
elements produces a rapid drop in temperature of protection system such as sprinklers and other
the immediate surroundings. automatic extinguishing system, detectors for heat,
Damper - A normally open device installed inside smoke and combustion products and other warning
an air duct system which automatically closes to system components, personal protective equipment
restrict the passage of smoke or fire. such as fire blankets, helmets, fire suits, gloves and
Distillation - The process of first raising the other garments that may be put on or worn by
temperature in separate the more volatile from the persons to protect themselves during fire.
less volatile parts and then cooling and condensing Fire Safety Constructions - Refers to design and
the resulting vapor so as to produce a nearly installation of walls, barriers, doors, windows,
purified substance. vents, means of egress, etc. integral to and
Duct System - A continuous passageway for the incorporated into a building or structure in order to
transmission of air minimize danger to life from fire, smoke, fumes or
panic before the building is evacuated. These
features are also designed to achieve, among
others, safe and rapid evacuation of people through Overloading - The use of one or more electrical
means of egress sealed from smoke or fire, the appliances or devices which draw or consume
confinement of fire or smoke in the room or floor electrical current beyond the designed capacity of
of origin and delay their spread to other parts of the the existing electrical system.
building by means of smoke sealed and fire Owner - The person who holds the legal right of
resistant doors, walls and floors. It shall also mean possession or title to a building or real property.
to include the treatment of buildings components or Oxidizing Material - A material that readily yields
contents with flame retardant chemicals. oxygen in quantities sufficient to stimulate or
Flash Point - The minimum temperature at which support combustion.
any material gives off vapor in sufficient
concentration to form an ignitable mixture with air. Pressurized Or Forced Draft Burning Equipment -
Forcing -A process where a piece of metal is Type or burner where the fuel is subjected to
heated prior to changing its shape or dimensions. pressure prior to discharge into the combustion
Fulminate - A kind of stable explosive compound chamber and/or which includes fans or other
which explodes by percussion. provisions for the introduction of air at above
normal atmosphere pressure into the same
Hazardous Operation/Process - Any act of combustion chamber.
manufacturing, fabrication, conversion, etc., that Public Assembly Building - Any building or
uses or produces materials which are likely to cause structure where fifty (50) or more people
fires or explosions. congregate, gather, or assemble for any purpose.
Horizontal Exit - Passageway from one building to Public Way - Any street, alley or other strip of land
another or through or around a wall in unobstructed from the ground to the sky, deeded,
approximately the same floor level. dedicated or otherwise permanently appropriated
Hose Box - A box or cabinet where fire hoses, for public use.
valves and other equipment are stored and arranged Pyrophoric - Descriptive of any substance that
for fire fighting. ignites spontaneously when exposed to air.
Hose Reel - A cylindrical device turning on an axis Refining - A process where impurities and/or
around which a fire hose is wound and connected. deleterious materials are removed from a mixture
Hypergolic Fuel - A rocket or liquid propellant in order to produce a pure element of compound. It
which consists of combinations of fuels and shall also refer to partial distillation and
oxidizers which ignite spontaneously on contact electrolysis.
with each other. Self-Closing Doors - Automatic closing doors that
Industrial Baking And Drying - The industrial are designed to confine smoke and heat and delay
process of subjecting materials to heat for the the spread of fire.
purpose of removing solvents or moisture from the Smelting - Melting or fusing of metallic ores or
same, and/or to fuse certain chemical salts to form compounds so as to separate impurities from pure
a uniform glazing the surface of materials being metals.
treated. Sprinkler System - An integrated network of
Jumper - A piece of metal or an electrical hydraulically designed piping installed in a
conductor used to bypass a safety device in an building, structure or area with outlets arranged in a
electrical system. systematic pattern which automatically discharges
Occupancy - The purpose for which a building or water when activated by heat or combustion
portion thereof is used or intended to be used. products from a fire.
Occupant - Any person actually occupying and Standpipe System - A system of vertical pipes in a
using a building or portions thereof by virtue of a building to which fire hoses can be attached on
lease contract with the owner or administrator or by each floor, including a system by which water is
permission or sufferance of the latter. made available to the outlets as needed.
Organic Peroxide - A strong oxidizing organic Vestibule - A passage hall or antechamber between
compound which releases oxygen readily. It causes the outer doors and the interior parts of a house or
fire when in contact with combustible materials building.
especially under conditions of high temperature.
Vertical Shaft - An enclosed vertical space of Method of Collection:
passage that extends from floor to floor, as well as a. Use of commercially available mechanical
from the base to the top of the building. sampling device
Collection of Liquid Samples for Accelerant b. Utilization evacuated air sampling cans.
Testing These cans are specifically designed for
Liquid accelerants may be collected with taking gaseous samples
a. New syringe c. Use of clean glass bottled filled with
b. Siphoning device distilled water. Distilled water use as it has
c. Evidence container itself had most of the impurities removed from
d. Sterilize cotton balls or gauge pads may it. This method simply require the
also be used to absorbed the liquid investigator poured the distilled water out
of its bottle in the atmosphere to be
Where liquid accelerants are believed to have sampled. As distilled water leaves the
become trapped in porous materials such as bottle it is replaced by the gaseous sample
concrete floor:
a. Lime
b. Diatomaceous earth
c. flour
Collection of liquid evidence absorbed by solid Guide on Interpreting the Damage on Electrical
materials including soils and sand: Wire
a. Scooping Collection of Electrical Equipments and
b. Sawing Components
c. Scraping Before wires are cut, a photograph should be taken
d. Core drilling of the wires, and the both ends of the wire should
be tagged and cut so that they can be identified as
Collecting of Solid samples for accelerant testing one of the following:
Solid accelerant may be common household a. The device or appliance to which it was
materials and compounds or dangerous chemicals. attached or from which it was severed
When collecting solid accelerants: b. The circuit breaker or fuse number or
a. The fire investigator must ensure that the location to which the wire was attached or
solid accelerant is maintained in physical from which it was severed
state in which is found c. The wire’s path or the route it took
b. Some incendiary materials remain between the device and the circuit
Corrosive and Reactive protector,
c. Ensure the corrosive nature of these electrical switches, receptacles, thermostats, relays,
residue does not attack the packaging junction boxes, electrical distribution panels, and
container similar equipment and components are often
collected as physical evidence.
Collection of Gaseous samples
REVIEW NOTES ON VICE AND DRUG EDUCATION AND CONTROL
Prepared by: Dr. Renel P Cruz
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Describe and explain the nature, effects, causes, ethical and moral issues,
legal provisions, and jurisprudence of Vices such as but not limited to:
smoking; drinking alcoholic liquor; gambling; prostitution; and other vices;
2. Apply the procedures and/or legal provisions of drug operations by PNP,
PDEA, NBI, and Customs: Surveillance operation; Information gathering
and Collection, Drug Intelligence and Investigation; raid, buy-bust operation,
arrest, detention, search; rights of persons; chain of custody of seized
drugs; evidence required in the filing and successful prosecution of illegal
drug-related violations; and
3. Implement the salient provisions of the Dangerous Drugs Law, other
relevant and related laws, relevant issuances of the President, Dangerous
Drugs Board and other law enforcement agencies. Including drug
rehabilitation programs and a National strategy against drugs and other
prohibited substances.
Drugs - Abuse of drugs and other substances can lead to
- Any chemically active substance rendering a physical and psychological dependence.
specific effect on the central nervous system of DRUGS COMMONLY ABUSED
man. 1) STIMULANT
- A chemical substance that affects the functions of - Drug that excite the central nervous system,
living cells and alters body or mind processes when increasing alertness, decreasing fatigue, delaying
taken into the body or applied through the skin. sleep, also impale appetite and cause weight loss.
- Is a chemical substance that brings about a) Shabu – street names, poor man’s
physical, emotional or behavioral change in a cocaine, S, ice, Shabs, Ubas, bato, Siopao
person taking it. Methamphetamine hydrochloride/SHABU - a
- Any chemical substance, other than food, which type of amphetamine also known as “poor man’s
is intended for used in the diagnosis, treatment, cocaine”. Other names are Shabu, Ubas, Siopao,
cure, mitigation or prevention of disease or Sha and Ice.
symptoms. - Shabu is a white, odorless crystal or crystalline
- The term drug derives from the 14 th century powder with a bitter numbing taste.
French word drogue, which means a dry substance. b) Cocaine – an agent that produces a temporary
When are drugs harmful? increase of the functional activity or efficiency of
Any drug may be harmful when taken in: an Organism or any of its parts.
- Excess; Street names – Coke, Snow, Flake, Bow
- Dangerous combinations; Cocaine - is a drug from the leaves of the Coca
- By hypersensitive (allergic) person plant, a shrub that originated in South America.
Drug Abuse This drug affects the central nervous system as a
- Is the overuse or consumption of drugs other than stimulant.
for medical reasons. -The name comes from "coca" and the alkaloid
- Any non-medical use of drugs that cause physical, suffix -ine, forming cocaine. It is a stimulant,
psychological, legal, economic, or social damage an appetite suppressant, and a topical anesthetic.
to the user or to the people affected by the user’s 2) Opiates/Narcotic
behavior. - Group of drugs that are used medically to relieve
- Using drugs without prescription. pain, but have a high potential for abuse.
-In medicine, the term opiate describes any of -The mind altering component is the
the narcotic opioid alkaloids found as natural tetrahydrocannabinol; THC for short, which is
products in the opium poppy plant, Papaver concentrated in the resin.
somniferum. 4) Depressants/Sedatives
Narcotic – substance that lessens pain - Drugs that have mild-calming or sleep-producing
and/or induces stupor. effect upon the central nervous system.
a). Opium – is the dried latex obtained from - e.g. Valium
the opium poppy (Papaver somniferum). Opium 5) Opiates/Narcotics
contains up to 12% morphine, an alkaloid, which is Opiates, sometimes called narcotics, are a group of
frequently processed chemically to produce heroin. drugs that are used medically to relieve pain, but
The latex also includes codeine. have a high potential for abuse. Some opiates come
Opium poppy, Papaver somniferum, is the from a resin taken from the seedpod of the Asian
species of plant from which opium and poppy poppy. Opiates that are commonly abused are
seeds are derived. Opium is the source of Opium, Morphine, Codeine, and synthesized or
many narcotics, including morphine (and its manufactured opiates.
derivative heroin), thebaine, codeine, papaverine Opium - refers to the coagulated juice of the
and noscapine. The Latin botanical name means the opium poppy (Papaver Somniferum L.) and
"sleep-bringing poppy", referring to embraces every kind, class and character of opium,
the sedative properties of some of these opiates. whether crude or prepared; the ashes or refuse of
b) Morphine – is a potent opiate analgesic the same.
drug that is used to relieve severe pain. It was first OTHER DANGEROUS DRUGS
isolated in 1804 by Friedrich Serturner, first Methylenedioxymethamphetamine (MDMA) or
distributed by him in 1817, and first commercially commonly known as "Ecstasy", "X-TC",
sold by Merck in 1827 "Adam", "Eden Tablet", or by its any other name -
- It took its name from the Greek god of refers to the drug having such chemical
dreams Morpheus. composition, including any of its isomers or
-The most abundant alkaloid found in Opium, the derivatives in any form;
dried sap (latex) derived from shallowly slicing the Sedatives - Sedative-hypnotics such as
unripe seedpods of the opium, or common and/or tranquilizers, sleeping pills, and sedatives are
edible, poppy. drugs, which depress or slow down body functions.
- Morphine can usually be found in tablet These drugs ca be dangerous when not taken
form, a syrup, injection or as a suppository according to physician's instructions.
form. Ketamine - is an anesthetic that is abused for its
hallucinogenic properties. Its predominant
- Morphine is usually taken orally via a syrup, legitimate use is as a veterinary anesthetic.
tablet or capsule, however, it can come in an -can cause dream-like states and hallucinations.
injectable form. Users report sensations ranging from a pleasant
C) Heroin – is processed from morphine, a feeling of floating to being separated from their
naturally occurring substance extracted from the bodies. Some ketamine experiences involve a
seed pod of certain varieties of poppy plants. terrifying feeling of almost complete sensory
It is typically sold as a white or brownish powder detachment that is likened to a near-death
or as the black sticky substance known on the experience.
streets as "black tar heroin”. Amphetamines
3) Hallucinogens -is a psychostimulant drug of the
- Drugs that are derived from plants chemical phenethylamine class that produces
substances which affects the perception, sensation, increased wakefulness and focus in association
behavior and produces hallucination on the user. with decreased fatigue and appetite.
Marijuana - is the term used to describe all the – Drug that is stimulant to the central nervous
plant material like leaves, tops, stems, flowers and system. It is colorless and maybe inhaled, injected
roots from a cannabis plant (Cannabis sativa), dried or swallowed. It may be used medically to treat
and prepared for smoking or taken orally as depression, and obesity.
“brownies”. ROUTES OF DRUG ADMINISTRATION
1) Oral Ingestion psychological, or social harm to the user and
- Taken by the mouth and must pass through the continued use despite of that harm.
stomach before being absorbed in the bloodstream. OVERDOSE
2) Inhalation - The inadvertent of deliberate consumption of
- Drug in gaseous from enters the lungs and is much larger doses that the habitually used by the
quickly absorbed by the capillary system. individual in question and resulting in serious toxic
3) Injection reaction or death.
- Administered into the body by the use of POLY DRUG ABUSE
a stringe or hypodhermic needle. - Use of two or more psycho-active substance in
4) Snorting quantities and with frequencies that cause the
- Inhalation through the nose of drugs in individual significant physiological, psychological,
gaseous form. or sociological distress or impairment.
5) Buccal
- Drugs is administered by placing it in the
buccal cavity just under the lips. REHABILITATION
DEFINITION OF TERMS -Restoration of an optimum state of health by
DRUG medical, physical, psychological, social and peer
–Any substance that enters the human body and group support for a chemically dependent person
can change either the function or structure of the and his significant others.
human organism. TOLERANCE
MEDICINES -Physiological adaptation to the effects of drugs so
– Drugs used in the diagnosis, cure, treatment, and as diminish the effects with constant dosages or to
prevention of disease or for the relief of pain or maintain the intensity and duration of effects
discomfort. through increased dosage.
TREATMENT
-Application of planned procedures to identify and
THREAPEUTICS change patterns of behavior that are mal-adoptive,
-Use of drugs in treating and preventing disease destructive, health injuring or to restore appropriate
and in preserving health. levels of physical, psychological or social
DRUG ABUSE functioning.
-Deliberate or unintentional continuous of mind CLANDESTINE LABORATORY
changing chemical substances usually for reasons -Any facility used for the illegal manufacture of
other than legitimate medical purposes, that results any dangerous drug.
in any degree of physical, mental. CULTIVATE OR CULTURE
ABSTINENCE -Any act of knowingly planting, growing, raising,
- Cessation of use of a psycho-active substance or permitting the planting, growing or raising of
previously abused, or on which the user developed any plant which is source of a dangerous drug.
drug dependence. ADMINISTER
DRUG DEPENDENCE -Any act of introducing any dangerous drug into
-Term relates to physical or psychological the body of any person, with or without his/her
dependence or both. knowledge, by injection, inhalation, ingestion or
- Impaired control over drug-taking behavior is other means.
implied. CHEMICAL DIVERSION
DRUG ADDICT -Sale, distribution, supply or transport of
- Person who is physically dependent on one or legitimately imported, in transit, manufactured or
more psycho-active substances, or whose long term procured controlled precursors and essential
use has produce tolerance, who has lost control chemicals.
over his intake, and would manifest withdrawal DELIVER
symptoms if discontinuance were to occur. -Any act of knowingly passing a dangerous drug to
DRUG ADDICTION another, personally or otherwise, and by any
-A chronic disorder characterized by the means, with or without consideration.
compulsive use of a substance resulting in physical, DEN, DIVE, RESORT
-Place where any dangerous drug and essential identify any person involved in any dangerous drug
chemical is administered, delivered, stored for related offense.
illegal purposes DISPENSE
DRUG SYNDICATE -Any act of giving away, selling or distributing
-Any organized group of two or more persons medicine or any dangerous drug with or without the
forming or joining together with the intention of use of prescription.
committing any offense prescribed in RA 9165. DRUG DEPENDENT
PRACTITIONER -Refers to a person suffering from drug
-Any person who is a licensed physician, dentist, dependence.
chemist, medical technologist, nurse, midwife, FINANCIER
veterinarian or pharmacist in the Philippines. - Any person who pays for, raises or supplies
ILLEGAL TRAFFICKING money for, or underwrites any of the illegal
-Illegal cultivation, culture, delivery, activities prescribed under RA 9165.
administration, dispensation, manufacture, sale INSTRUMENT
trading, transportation, distribution, importation, - Anything that is used or intended to be used, in
exportation and possession of any dangerous drugs. any manner, in the commission of illegal drug
PLANTING OF EVIDENCE trafficking or related offenses.
-Willful act by any person of maliciously and LABORATORY
surreptitiously inserting, placing, adding or -Refers to the facility of a private or government
attaching directly or indirectly, through any overt agency that is capable of testing a specimen to
or covert act any dangerous drugs in the person, determine the presence of dangerous drugs
house, effects or in the immediate vicinity of an PROTECTOR/CODDLER
innocent individual for the purpose of implicating, - Any person who knowingly and willfully
incriminating or imputing the commission of any consents to the unlawful acts provided in RA 9165
violation of RA 9165. and uses his/her influence, power or position in
PUSHER shielding, harboring, screening or facilitating the
-Any person who sells, trades, administers, escape of any person he/she knows or has
dispense, delivers or gives away to another, reasonable grounds to believe on or suspects, has
distributes, dispatches in transit or transports violated the provisions of RA 9165 in order to
dangerous drugs or who acts as a broker. prevent the arrest, prosecution and conviction of
USE the violator.
-Any act of injecting, intravenously or SCREENING TEST
intramuscularly, of consuming any dangerous -A rapid test performed to establish
drugs. potential/presumptive positive result.
CONFINEMENT
- Refers to the residential treatment and
rehabilitation of trainees, clients and patients in a TRADING
center. -Transactions involving the illegal trafficking of
CONFIRMATORY TEST dangerous drugs and/or controlled precursors and
- An analytical test using a device, tool or essential chemicals using electronic devices, or
equipment with different chemical or physical acting as a broker in any such transactions whether
principle that is more specific which will validate for money or any other consideration.
and confirm the result of the screening test. THE PHILIPPINE ANTI DRUG EFFORTS
On February 16, 1972, Philippine Constabulary
Anti Narcotics Unit was activated (CANU).
CONTROLLED DELIVERY
-The investigative technique of allowing an -On March 30, 1972, Republic Act 6425 otherwise
unlawful consignment of any dangerous drug, known as the ‘Dangerous Drug Act of 1972” was
essential chemical to pass into, through out of the approved.
country under the supervision of an authorized -This law created the Dangerous Drug Board as the
officer, with a view to gathering evidence to policy-making and regulatory body on prevention
and control of drug abuse. RA 6425 serves as the
backbone of the Philippine drug enforcement -The PDEA shall exercise operational supervision
system. and provide technical support to the main task
January 3, 1973, President Ferdinand E. Marcos force created by the PNP.
ordered the immediate execution of Chinese PHILIPPINE DRUG ENFORCEMENT
national Lim Seng alias Gan Sou So, top heroin AGENCY (PDEA)
trafficker in the Philippines, by firing squad at the A law enforcement agency
Fort Bonifacio grounds. Lead agency on the government’s anti-
- The execution was aired live in television. drug campaign
-CANU was renamed as AFP NARCOM on Responsible for efficient and effective law
February 1, 1983 enforcement of all provisions on any
-AFP NARCOM functions were absorbed by PNP dangerous drug and/or controlled
Narcotics Group in 1991 precursor and essential chemicals
-PDEA was created upon enactment of RA 9165 in
2002 -Serves as the implementing arm of the Dangerous
Signed June 7, 2002 Drug Board (DDB).
Published June 19, 2002 -Responsible for the efficient and effective law
Took effect July 4, 2002 enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential
-Creation of The new Dangerous Drugs Board chemical as provided in RA 9165.
(DDB) as the policy and strategy formulating body. PHILIPPINE DRUG ENFORCEMENT
-The Philippine Drug Enforcement Agency AGENCY (PDEA)
(PDEA) as its implementing arm. -Headed by Director General with the rank of
-In July 2002, PDDG Anselmo Avenido (Ret.) Undersecretary, appointed by the President.
appointed as first Director General of PDEA. -The head of the PDEA is assisted by 2 deputies
Director General, with the rank of Assistant
-On April 6, 2006, Gen. Dionisio R. Santiago (Ret) Secretary, 1 for Operations and 1 for
appointed as PDEA Director General vice Anselmo Administration, also appointed by the President.
Avenido. POWER AND DUTIES OF PDEA
-In January 2011, PCSUPT Jose Gutierrez (Ret) -To cause the efficient and effective
was appointed as PDEA Director General vice Gen. implementation of the national drug control
Dionisio R. Santiago (Ret). strategy formulated by the Dangerous Drugs Board;
With the creation of PDEA…. - Undertake the enforcement of the provisions of
-the secretariat of the National Drug Law Article II of RA 9165 relative to the unlawful acts
Enforcement and Prevention Coordinating Center and penalties involving any dangerous drugs and/or
or DEP Center has been absorbed by the new controlled precursor and essential chemicals;
agency -Administer oath and issue subpoena and
…Narcotics Group of the PNP; subpoena duces tecum relative to the conduct of
Narcotics Division of the NBI; and investigation involving the violations of RA 9165;
Narcotics Interdiction Unit of the Bureau of -Arrest and apprehend as well as search all
Customs have been abolished violators and seize or confiscate the effects or
EXECUTIVE ORDER NO. 218 proceeds of the crimes as provided by law;
“Strengthening the support mechanism for the -Take charge and have custody of all dangerous
Philippine Drug Enforcement Agency” drugs and/or controlled precursors and essential
-issued on June 18, 2003 by President Gloria chemicals seized, confiscated or surrendered to any
Macapagal Arroyo. national, provincial or local law enforcement
-Creation of Task Forces: The Office of the agency;
President, the PNP, and other agencies which were -Establish a forensic laboratory in each PNP office
performing drug law enforcement and prevention in every province and city in order to facilitate
function prior to the enactment of RA 9165 shall action on seized or confiscated drugs, thereby
organize anti-drug forces to support the PDEA. hastening their destruction without delay;
- Recommend to the DOJ the forfeiture of
properties and other assets of persons and/or
corporations found to be violating the provisions of -Created by virtue of Republic Act 6425
RA 9165 and in accordance with the pertinent otherwise known as Dangerous Drug Act of
provisions of the Anti-Money Laundering Act of 1972 subsequently repealed by RA 9165.
2001;
- Prepare for prosecution or cause the filing of -the policy-making & strategy-formulating body in
appropriate criminal and civil cases for violation of the planning & formulation of policies & programs
all laws n dangerous drugs, controlled precursors on drug prevention & control.
and essential chemicals, and other similar -It shall develop and adopt a comprehensive,
controlled substances; integrated, unified and balanced national drug
abuse prevention and control strategy.
-Monitor, and if warranted by circumstances, in DANGEROUS DRUG BOARD (DDB)
coordination with the Philippine Postal Office and -DDB composed of 17 members wherein 3 of
the Bureau of Customs, inspect all air cargo which are permanent members, the other 12
packages, parcels and mails in the central post members are ex- officio capacity and 2 regular
office; members.
-Conduct eradication programs to destroy wild or THREE (3) PERMANENT MEMBERS
illegally grown plants from which dangerous drugs - At least 7 years of training and experience in the
may be extracted; field of the ff: fields in law, medicine, criminology,
-Initiate and undertake the formation of a psychology or social work.
nationwide organization which shall coordinate and - Appointed by the president.
supervise all activities against drug abuse in every -One designated as the Chairman with the rank of
province, city, municipality and barangay; Secretary (with the term of 6 years) and the two
-Establish and maintain a national drug intelligence other regular members as undersecretary (one with
system in cooperation with law enforcement 4 years term and the other 2 years but succeeding
agencies, other government agencies/offices and appointment will serve six years and until their
local government units that will assist in the successors shall have been duly appointed and
apprehension of big-time drug lords; qualified.
- Establish and maintain close coordination, TWELVE (12) EX- OFFICIO MEMBERS
operation and linkages with international drug - Secretary or representative of the following
control and administration agencies and Department:
organizations; - DOJ, DOH, DND, DOF, DOLE, DILG, DSWD,
-Create and maintain an efficient special DFA, DepEd,
enforcement unit to conduct an investigation, file - Chairman CHED, NYC
charges and transmit evidence to the proper court; - Director General - PDEA
- Require all government and private hospitals, TWO (2) REGULAR MEMBERS
clinics, doctors, dentists and other practitioners to - President of Integrated Bar of the Philippines
submit a report to it; (IBP).
- Coordinate with the DDB for the facilitation of - Chairman or President of a non- government
the issuance of necessary guidelines, rules and organization involved in dangerous drug campaign
regulations for the proper implementation of RA to be appointed by the President.
9165;
- Initiate and undertake a national campaign for
drug prevention and control programs, where it
may enlist the assistance of any department, The Director of NBI and Chief, PNP are the
bureau, office, agency or instrumentality of the permanent consultant of the DDB.
government, including government-owned and/or DRUG MULES or “DRUG COURIERS”
controlled corporations; and -Are individuals who transport dangerous drugs in
-Submit annual and periodic reports to the DDB exchange for a huge amount of money, depending
from time to time and perform such other functions on the amount of drugs to be delivered and the
as may be authorized of required under existing route/distance to be traveled.
laws and as directed by the President. -Women are usually targeted by syndicates since
DANGEROUS DRUG BOARD (DDB) they generally generate mild suspicion from
authorities and the female body has more cavities MODUS OPERANDI (MO)
possible to insert the drugs in, therefore posing less Couriers are usually recruited by casual
detection risk. acquaintances they meet in key cities here or
Methods of Concealment abroad, mostly fellow Filipinos connected to drug
1. Hidden in luggage/suitcases; syndicates like the African Drug Syndicate
2. Ingestion/Swallowing; (ADS), offering plane tickets, hotel
3. Placed in shoes; accommodation and huge amounts of money.
4. Placed in bottom part of luggage; In some instances, members of syndicates
5. Placed inside handbag; befriend/marry potential recruit then later turn
6. Others- Undergoing minor operation, placing in him/her into a courier or cohort. On the other hand,
shoeboxes/ books/bottles/parcels, etc. unwitting victims were duped by acquaintances
Factors contributing to the drug courier into carrying packages in exchange for money, not
problem knowing that drugs were placed inside.
1. Filipinos are usually enticed by the offer because Couriers may also be recruited through the internet
of the syndicates’ promise of love/marriage, as and social networking sites like Facebook,
have been recorded in several arrests involving MySpace, Tagged, etc. Syndicates also engage in
Filipina drug couriers. Others are lured by the travel & tours businesses/agencies to arrange
opportunity to travel and the promise of a airline and hotel bookings of the couriers and use
comfortable life while others want a high-paying fraudulent documents/fake credit cards.
job and easy money. The ADS is believed to be behind the alarming
2. The drug courier problem can also be attributed increase of Filipino drug couriers arrested abroad.
to the (1) The prevalence of poverty, (2) Poor They deliver drugs to their connections in different
educational background, (3) Easy money, (4) points around the world by employing drug
Unemployment and 95) the idea of traveling couriers to prevent the risk of getting caught
The Task Force Drug Couriers themselves. They also use Filipinos as cohorts to
The Task Force Drug Couriers (TFDC) was recruit fellow OFWs.
created on February 08, 2010 by virtue of The ADS is an international syndicate involved in
Administrative Order No. 279. It is an inter- drug trafficking and cyber crimes.
agency team tasked in the deterrence, prevention They use stolen and/or falsified documents to go
and protection of Filipinos from being victimized about with their transaction (i.e. purchase of plane
as drug couriers by international drug trafficking tickets, hotel bookings) and usually communicate
syndicates. with their cohorts thru phone or the internet.
Members are proficient in English and well-versed,
The Task Force is composed of 13 agencies, very persistent and are generally friendly which
chaired by the Philippine Drug Enforcement makes them recruit potential victims easily.
Agency and co-chaired by the Department of National Anti-Drug Strategy & 4 Pillars of
Foreign Affairs with the following agencies as Anti-Drug Campaign
members THE FOUR PILLARS OF ANTI-DRUG
1. Bureau of Customs CAMPAIGN
2. Bureau of Immigration 1. Drug Supply Reduction Drive
3. Commission on Higher Education Reduce the supply of drugs
4. Department of Justice Drive the prices high and create acute
5. Department of Labor and Employment shortage of drugs
6. Manila International Airport Authority Neutralize sources of drugs
7. National Bureau of Investigation
8. Philippine Information Agency 2. Drug Demand Reduction Drive
9. Philippine National Police – Aviation Security Reduce the demand side of the drug chain
Group Concentrates on anti-drug advocacy
10. Tourism Infrastructure and Enterprise Zone efforts – public information and treatment
Authority (formerly Philippine Tourism Authority) and rehabilitation
11. Office of the President thru the Office of the Targets non-users, casual drug users and
Executive Secretary addicts/recovering persons
–life imprisonment and a fine ranging from Five
3. Alternative Development/Reform Programs hundred thousand pesos (P500,000.00) to Ten
Development/livelihood program million pesos (P10,000,000.00)
Education program
Family solidarity/development program -The penalty of imprisonment ranging from twelve
Good governance program (12) years and one (1) day to twenty (20) years and
Legal reforms a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
4. International Cooperation (P500,000.00) shall be imposed upon any person or
Neutralize transnational drug syndicates group of persons who shall maintain a den, dive, or
Minimize drug trafficking to and from the resort where any controlled precursor and essential
country chemical is used or sold in any form.
Exchange of information and technologies Section 7 Employees and Visitors of a Den, Dive
Multilateral, regional, sub-regional and or Resort
bilateral assistance and cooperation 12 years and 1 day to 20 years (100,000.00 to
500,000.00).
- (a) Any employee of a den, dive or resort, who is
REPUBLIC ACT 9165 aware of the nature of the place as such; and
Some Pertinent Provisions of Comprehensive - (b) Any person who, not being included in the
Dangerous Drug Act of 2002 provisions of the next preceding, paragraph, is
UNLAWFUL ACTS AND PENALTIES aware of the nature of the place as such and shall
UNDER RA 9165 knowingly visit the same.
Section 4. Importation of Dangerous Drugs Section 8. Manufacture of Dangerous Drugs
Penalty: and/or Controlled Precursors and Essential
Life Imprisonment and fine of Five Hundred Chemicals
Thousand pesos (P500,000.00) to Ten Million - Penalty for Manufacture of Dangerous drugs- life
Pesos (P10,000,000.00). imprisonment and a fine ranging from Five
Importation of any Controlled precursor and hundred thousand pesos (P500,000.00) to Ten
essential chemicals million pesos (P10,000,000.00)
Penalty: - Penalty for manufacture any controlled precursor
Imprisonment ranging from twelve (12) years and and essential chemical - The penalty of
one (1) day to twenty (20) years and a fine ranging imprisonment ranging from twelve (12) years and
from One Hundred Thousand pesos (P100,000.00) one (1) day to twenty (20) years and a fine ranging
to Five Hundred Thousand Pesos (P500,000.00) from One hundred thousand pesos (P100,000.00) to
Sec 4"protector/coddler" of any violator of the Five hundred thousand pesos (P500,000.00)
provisions under this Section. Note:
Penalty - The presence of any controlled precursor
-twelve (12) years and one (1) day to twenty (20) and essential chemical or laboratory equipment in
years of imprisonment and a fine ranging from One the clandestine laboratory is a prima facie proof of
hundred thousand pesos (P100,000.00) to Five manufacture of any dangerous drug.
hundred thousand pesos (P500,000.00) Sec 11. Possession of Dangerous Drugs
Section 5. Sale, Trading, Administration, - Possession of Dangerous Drugs regardless of
Dispensation, Delivery, Distribution and purity- penalty provided life imprisonment and a
Transportation of Dangerous Drugs fine ranging from Five hundred thousand pesos
Penalty (P500,000.00) to Ten million pesos
-life imprisonment and fine ranging from Five (P10,000,000.00)
hundred thousand pesos (P500,000.00) to Ten - 10 grams or more of opium, morphine, heroin,
million pesos (P10,000,000.00) cocaine or cocaine hydrochloride, marijuana resin
Section 6. Maintenance of a Den, Dive or Resort or oil, and other dangerous drugs,
involving dangerous drugs - 50 grams or more of shabu
penalty - 500 grams or more of marijuana
Penalty-Life imprisonment and fine ranging from years and a fine ranging from One hundred
Php 400,000.00 to Php 500,000.00 thousand pesos (P100,000.00) to Five hundred
- If the quantity of shabu is ten (10) grams but not thousand pesos (P500,000.00) and the additional
more than 50 grams penalty of the revocation of his/her license to
Penalty- Imprisonment of 20 years and 1 day to life practice shall be imposed upon the practitioner,
imprisonment and fine ranging from Php who shall prescribe any dangerous drug to any
400,000.00 to Php 500,000.00 person whose physical or physiological condition
- If 5 grams or more but less than 10 grams of any does not require the use or in the dosage prescribed
Dangerous Drugs therein, as determined by the Board in consultation
- 300 grams or more of marijuana but less than 500 with recognized competent experts who are
grams authorized representatives of professional
Penalty- imprisonment of 12 years and 1 day to 20 organizations of practitioners, particularly those
years and a fine ranging from Php 300,000.00 to who are involved in the care of persons with severe
Php 400,000.00 pain.
-If the quantity of dangerous drugs are less than 5 Section 19. Unlawful Prescription of Dangerous
grams. Drugs.
- If the quantity of Marijuana is less than 300 – The penalty of life imprisonment and a fine
grams. ranging from Five hundred thousand pesos
Sec 15. Use of Dangerous Drugs (P500,000.00) to Ten million pesos
Penalty (P10,000,000.00) shall be imposed upon any
-A person apprehended or arrested, who is found to person, who, unless authorized by law, shall make
be positive for use of any dangerous drug, after a or issue a prescription or any other writing
confirmatory test, shall be imposed a penalty of a purporting to be a prescription for any dangerous
minimum of six (6) months but not exceeds one drug.
year rehabilitation in a government center for the Section 21. Custody and Disposition of
first offense. Confiscated, Seized, and/or Surrendered
- If apprehended using any dangerous drug for the Dangerous Drugs, Plant Sources of Dangerous
second time, he/she shall suffer the penalty of Drugs, Controlled Precursors and Essential
imprisonment ranging from six (6) years and one Chemicals, Instruments/Paraphernalia and/or
(1) day to twelve (12) years and a fine ranging from Laboratory Equipment
Fifty thousand pesos (P50,000.00) to Two hundred The PDEA shall take charge and have custody of
thousand pesos (P200,000.00): Provided, That this all dangerous drugs, plant sources of dangerous
Section shall not be applicable where the person drugs, controlled precursors and essential
tested is also found to have in his/her possession chemicals, as well as instruments/paraphernalia
such quantity of any dangerous drug provided for and/or laboratory equipment so confiscated, seized
under Section 11 of this Act, in which case the and/or surrendered, for proper disposition in the
provisions stated therein shall apply. following manner:
Sec 16. Cultivation of plants classified as source The apprehending team having initial custody and
of dangerous drugs control of the drugs shall, immediately after seizure
Penalty and confiscation, physically inventory and
- Life imprisonment and fine ranging from Five photograph the same in the presence of the accused
hundred thousand pesos (P500,000.00) to Ten or the person/s from whom such items were
million pesos (P10,000,000.00) confiscated and/or seized, or his/her representative
Penalty of 12 years and 1 day to 20 years of or counsel, a representative from the media and the
imprisonment and a fine ranging from P100,000.00 Department of Justice (DOJ), and any elected
to P500,000.00 shall be imposed upon any person, public official who shall be required to sign the
who acts as a “protector/coddler of any violator of copies of the inventory and be given a copy
the provisions of Sec. 16….. thereof;
Section 18. Unnecessary Prescription of -Within twenty-four (24) hours upon
Dangerous Drugs. confiscation/seizure of dangerous drugs, plant
– The penalty of imprisonment ranging from sources of dangerous drugs, controlled precursors
twelve (12) years and one (1) day to twenty (20) and essential chemicals, as well as
instruments/paraphernalia and/or laboratory rehabilitation of the drug dependency. The Board
equipment, the same shall be submitted to the shall bring forth the matter to the Court which shall
PDEA Forensic Laboratory for a qualitative and order that the applicant be examined for drug
quantitative examination; dependency.
- A certification of the forensic laboratory If the examination by a DOH-accredited physician
examination results, which shall be done under oath results in the issuance of a certification that the
by the forensic laboratory examiner, shall be issued applicant is a drug dependent, he/she shall be
within twenty-four (24) hours after the receipt of ordered by the Court to undergo treatment and
the subject item/s. rehabilitation in a Center designated by the Board
- That a final certification shall be issued on the for a period of not less than six (6) months.
completed forensic laboratory examination on the Temporary Release From the Center; After-
same within the next twenty-four (24) hours Care and Follow-Up Treatment Under the
After the filing of the criminal case, the Court shall, Voluntary Submission Program.
within seventy-two (72) hours, conduct an ocular -Upon certification of the Center that the drug
inspection of the confiscated, seized and/or dependent within the voluntary submission
surrendered dangerous drugs, and controlled program may be temporarily released, the Court
precursors and essential chemicals, including the shall order his/her release on condition that said
instruments/paraphernalia and/or laboratory drug dependent shall report to the DOH for after-
equipment, and through the PDEA shall: care and follow-up treatment, including urine
within twenty-four (24) hours thereafter proceed testing, for a period not exceeding eighteen (18)
with the destruction or burning of the same, in the months under such terms and conditions that the
presence of the accused or the person/s from whom Court may impose.
such items were confiscated and/or seized, or Dangerous Drug Test Requirements
his/her representative or counsel, a representative The following shall undergo mandatory
from the media and the DOJ, civil society groups drug testing:
and any elected public official 1. applicants for drivers license
Section 23. Plea-Bargaining Provision. 2. applicants for Firearms license & PTCFOR
– Any person charged under any provision of this 3. members of the PNP, AFP, & other LEA
Act regardless of the imposable penalty shall not be 4. All persons charged with criminal offense with
allowed to avail of the provision on plea-bargaining penalty of not less than 6 years.
. 5. All candidates for public office national/ local
The following shall undergo random drug
Section 28 – Criminal Liability of Government testing:
Officials and Employees. 1.students of secondary and tertiary schools
- The maximum penalties of the unlawful acts 2. officers and employees of public & private
provided in the Act shall be imposed, in addition to offices.
absolute perpetual disqualification from any public SUPREME COURT DECISIONS
office, if those found guilty of such unlawful acts ………………The Philippines Supreme Court
are government officials and employees. upheld mandatory, random, suspicionless drug
Section 29. Criminal Liability for Planting of testing of workers and high school and college
Evidence students, but struck down as unconstitutional
– Any person who is found guilty of "planting" any provisions of the Comprehensive Dangerous Drugs
dangerous drug and/or controlled precursor and Act of 2002 that required drug tests for candidates
essential chemical, regardless of quantity and for political office or those charged with criminal
purity, shall suffer the maximum penalty. offenses.
Program for Treatment and Rehabilitation of …………………the court noted that the law says
Drug Dependents the random drug testing of employees "shall be
- A drug dependent or any person who violates undertaken under conditions calculated to protect
Section 15 of this Act may, by himself/herself or as much as possible the employee's privacy and
through his/her parent, spouse, guardian or relative dignity," and that employers are not required to
within the fourth degree of consanguinity or report positive test results to prosecutors. It also
affinity, apply to the Board or for treatment and found that "the intrusion into the employee's
privacy... is accompanied by proper safeguards, Non-applicability of the Probation Law for Drug
particularly against embarrassing leakages of test Traffickers and Pushers. – cannot avail of the
results, and is relatively minimal." privilege granted by Probation Law (PD 968, as
……………….In the case of students, the high amended).
court found that drug testing was not only NAPOLCOM MEMORANDUM CIRCULAR
constitutional, but perhaps even necessary. It noted NO. 200003
the presence of drugs in the country "that threatens Adopting Salient Provisions of PDEA
the well-being of the people, particularly the youth Memorandum on the preparation of pre-
and school children who usually end up as victims. operation report and PNP-AIDSOTF
………………….Candidates for political office, Memorandum Circular in the conduct of Anti-
however, may not be subjected to drug tests as Illegal Drugs Operations.
condition of candidacy, the court held. The drug Pre-Operations
law's provisions requiring testing of candidates -Operating Unit to submit to PDEA, the pre-
unconstitutionally added to the constitution's operations report, indicating details such identity,
provisions defining the qualification or eligibility area of operation, composition, tactics and
of candidates equipment of the operating unit and duration of the
……….The court was equally kind to people operation. Also includes the information on the
charged with criminal offenses, holding that they suspect/s.
cannot be drug tested because they might
incriminate themselves and because drug testing in -Certification of Coordination – prepared by PDEA
their cases would not be random or suspicionless. given to the operating unit which submitted a pre-
"To impose mandatory drug testing on the accused operations report.
is a blatant attempt to harness a medical test as a Exemption of submission of Pre Operations
tool for criminal prosecution, contrary to the Report:
objectives of RA 9165 [the drug testing law]. Drug 1. In remote places where coordination is not
testing in this case would violate a person's right to possible;
privacy guaranteed under Section 2, Article III of 2. When coordination will compromise the lives of
the Constitution. Worse still, the accused persons police operatives, informant and witnesses,
are veritably forced to incriminate themselves involved in anti-drug operations;
Responsibility and liability of law enforcement 3. When coordination will prejudice the
agencies in testifying as Prosecution Witness in apprehension of drug suspects and confiscation of
Dangerous Drug Cases dangerous drugs;
- Penalty- 12 years and 1 day to 20 years and a fine 4. When prior coordination will compromise the
of not less than Php 500,000.00 in addition to the entire police operation.
administrative liability. (In above instances, post coordination shall be
- For any members of law enforcement agency made in lieu of prior coordination).
who, after due notice, fails or refuses intentionally Signatories to the Pre-Operation Report
or negligently to appear as a witness for - signed by the Team Leader.
prosecution. Conduct of Operation
Section 92. Delay and Bungling in the - Team shall be led by a police commissioned
Prosecution of Drug Cases officers except in far flung areas where there are no
– Any government officer or employee tasked with assigned PCOs.
the prosecution of drug-related cases under this act, - To have at least 1 female member operative who
who, through patent laxity, inexcusable neglect, shall be responsible for arresting and frisking
unreasonable delay or deliberately causes the female suspects and for taking custody of children
unsuccessful prosecution and/or dismissal of the found in the place of operation.
said drug cases, shall suffer the penalty of VICES
imprisonment ranging from twelve (12) years and Vice – is any immoral conduct or habit, the
one (1) day to twenty (20) years without prejudice indulgence of which leads to depravity, wickedness
to his/her prosecution under the pertinent and corruption of the minds and the body.
provisions of the Revised Penal Code. Different Forms of Vices:
1) Drug addiction
2) Alcoholism privacy of his home or in the party and commit no
3) Prostitution crime at all.
4) Gambling -It is only when a drunken person exhibits his
condition publicly, or disturbs, endangers, or
injured others, that he became an offender and
ALCOHOLIC therefore, subject to arrest and punishment.
-A person who has experienced physical, -Before and during elections, it is unlawful to sell
psychological, social or occupational impairment as or drink intoxicating liquor, as provided in the
consequence of habitual, excessive consumption of election law.
alcohol. -Under RA 4136, as amended, driving under the
ALCOHOL ABUSE influence of liquor is prohibited.
-Use of ethyl alcohol or liquor in a quantity and Under Article 15 of the Revised Penal Code,
with a frequency that causes the individual intoxication is considered as an Alternative
significant physiological, psychological, or Circumstances.
sociological distress or impairment. - It is considered a mitigating circumstance when
ALCOHOLIC DEPENDENCE the offender has committed a felony in a state of
-A chronic lost of control over the consumption of intoxication, if the same is not habitual.
alcoholic beverages despite obvious psychological - It is considered an aggravating circumstance,
or physical harm to the person. Increasing amount when the intoxication is habitual or intentional.
are required overtime and abrupt discontinuance PROSTITUTION
may precipitate a withdrawal symptoms. -act or practice of providing sexual services to
ALCOHOLIC LIQUOR another person in return for payment.
-Any beverages or compound, whether distilled, -is the exchange of money for the performance of
fermented, or otherwise, which will produce sexual act.
intoxication or which contains in excess of one PROSTITUTE
percent of alcohol and used as a beverage. -Customarily used, to refer to a female person who
DRUNKARD engages in sex in exchange for money as
- A person who habitually takes or use any profession.
intoxicating alcohol liquor and while under the PHILANDERING
influence of such, or in consequence of the effect -Is having casual/illicit sex with a number of
thereof, is either dangerous to himself or to others. people.
ALCOHOLISM – which is also known as -It usually refers to men, and often in the context of
“Alcohol Dependence Syndrome” is a disease cheating on a wife or girlfriend.
characterized by the following: TO PHILANDER
a) Craving – strong need or compulsion to drink -Is to carry on romantic and/or sexual affairs
b) Loss of Control – frequent inability to stop outside a committed relationship
drinking once a person has begun to drink. PHILANDER
c) Physical Dependence – The occurrence of -Is a serial cheater who betrays his spouse or long
withdrawal symptoms, such as shakiness and term partner repeatedly;
anxiety when alcohol use is stopped. -The term usually refers to men (obviously, women
SOME PROBLEMS ARISING FROM have also been known to carry on affairs).
ALCOHOLISM VAGRANTS AND PROSTITUTES (under
a) Loss of employment which can lead to RPC)
financial problems; -Any person having no apparent means of
b) Marital Conflict and contribute to subsistence, who has the physical ability to work
domestic violence; and who neglects to apply himself or herself to
c) Drinking at inappropriate times and some lawful calling.
behavior can lead to legal consequences, such as -Any person found loitering about public or semi-
public disorder (Alarm and Scandal). public building or places, or tramping or wandering
DRUNKNESS AS A CRIME about the country or to the streets without visible
-In the Philippines, drunkenness in itself is not a means of support.
crime because a person may drink to excess in the
-Any idle or dissolute person who lodges in houses JUETENG
of ill-fame, ruffians or pimps and those who -Illegal numbers game that involves the
habitually associate with prostitutes. combination of numbers as a form of local lottery
PROSTITUTES – where bets are placed and accepted per
women, who for money or profit, habitually combination .
indulge in sexual intercourse or lascivious conduct. MASIAO
Republic Act No. 10158 -Illegal numbers game where the winning
Sgned last March 27, 2012, amended Article 202 of combination is derived from the results of the last
the Revised Penal Code removing vagrancy from game of Jai Alai or the Special Llave portion
the country's list of crimes amid concerns it only LAST TWO
targets the poor and the disadvantaged. -Illegal numbers game where the winning
Although the poor or homeless people can no combination is derived from the last two numbers
longer be hauled to jail for vagrancy, the new law of the first prize of the winning Sweepstakes ticket.
continued to penalize women engaged in BETTOR (Mananaya)
prostitution. -Any person, who places bets for himself/herself or
RA 10158, defined prostitutes as "women who for in behalf of another person, other than the
money or profit, habitually indulge in sexual personnel or staff of any illegal numbers game
intercourse or lascivious conduct." operation.
A person found guilty of prostitution is punished by
imprisoned from one to 30 days or a fine not COLLECTOR or AGENT (Cabo, Cobrador)
exceeding P200. -Any person who collects, solicits or produces bets
In case of recidivism, they are punished by arresto in behalf of his/her principal for any illegal
mayor in its medium period to prison correccional numbers game who is usually in possession of
in its minimum period or a fine ranging from P200 gambling paraphernalia
to P2,000, or both, depending on the court. MAINTAINER, MANAGER OR OPERATOR
With the enactment of the law, all pending -Any person who maintains, manages, or operates
vagrancy cases meantime shall be dismissed and all any illegal number game in a specific area.
persons serving sentence for violating the vagrancy FINANCIERS OR CAPITALIST
law shall immediately be released. -Any person who finances the operations of any
RELATED LAWS ON THE PROTECTION OF illegal numbers game.
WOMEN AND CHILDREN PROTECTOR OR CODDLER
RA 7610, as amended, (Special Protection of -Any person who lends or provides protection, or
children against child abuse, exploitation and receives benefits in any manner in the operation of
discrimination Act) any illegal numbers game.
- Penalize those who engage in or promote, RELATED LAWS ON GAMBLING
facilitate or induce child prostitution, who - Article 195 of RPC. Acts punishable in
commit the act of sexual intercourse or lascivious gambling – any person directly or indirectly take
conduct with a child exploited in prostitution and part in any game of Monte, jueteng, other form of
who derived profit on advantage therefrom, lottery, policy, banking or percentage game, dog
whether as a manager or owner of the races or any other game the result of which
establishment. depends wholly upon a chance wherein wagers
-penalty of reclusion temporal in its medium period consisting of money, articles of value, or
to reclusion perpetua representative of value are made.
GAMBLING Article 195 of RPC. (Penalty)
-Wagering of money or something of material -The penalty of arresto mayor or a fine not
value on an event with an uncertain outcome with exceeding two hundred pesos, and, in case of
the primary intent of winning additional money recidivism, the penalty of arresto mayor or a fine
and/or material goods. ranging from two hundred or six thousand pesos,
ILLEGAL NUMBERS GAME - The penalty of prision correccional in its
-Any form of illegal gambling activity which uses maximum degree shall be imposed upon the
numbers or combination as factors in giving out maintainer, conductor, or banker in a game of
jackpots. jueteng or any similar game.
Article 196 (RPC). Penalizing any person who - The penalty of arresto menor or a fine not
shall import into the Philippine Islands from any exceeding 200 pesos, or both, in the discretion of
foreign place or port any lottery ticket or the court
advertisement, or in connivance with the importer, RA 3063 – Approved June 17, 1961
shall sell or distribute the same. authorizing licensed race tracks and racing clubs
-The penalty of arresto mayor in its maximum and their authorized agent to offer, take or arrange
period to prision correccional in its minimum bets outside the place, enclosure of track where the
period or a fine ranging from 200 to 2,000 pesos, or races held.
both, in the discretion of the court Penalty - fine of not less than one thousand pesos
not more than two thousand pesos or by
Article 197 (RPC). Betting in sports Contest – imprisonment for not less than one month or more
Penalizing any person who shall bet money or any than six months, or both, in the discretion of the
object or article of value or representative of value court. If the offender is a partnership, corporation
upon the result of any boxing or other sports or association, the criminal liability shall devolve
contest. upon its president, director, or any other official
-The penalty of arresto menor or a fine not responsible for the violation.
exceeding 200 pesos, or both, PD 449 – Cockfighting Law of 1974 – Approved
Article 198 (RPC). Illegal betting on horse races May 9, 1974.
– Penalizing any person who, except during the PD 483 - Penalizing Betting, Game-fixing or point
periods allowed by law, shall bet on horse races. shaving and Machinations in Sports Contents.
- The penalty of arresto menor or a fine not Approved on June 13, 1974.
exceeding 200 pesos, or both, PD 1602 – Approved June 11, 1978.prescribing
Article 199 (RPC). Illegal cockfighting – stiffer penalties on illegal gambling.
Penalizing any person who directly or indirectly RA 9287 – Approved 2, 2004
participates in cockfights, at a place other than a An Act increasing the penalties for illegal numbers
licensed cockpit. games, amending certain provisions of P.D. 1602,
and for other purposes.
REVIEW NOTES ON TECHNICAL ENGLISH 1 (LEGAL FORMS)
Prepared by: Dr. Edelito P Deles
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Use and Create the following legal forms but are not limited to: Affidavit of
Arresting Officer, Complaint Affidavit, Affidavit of Witness, Application for
Search Warrant, Affidavit after execution of search warrant issued,
Application/Petition to Wire Tap, Affidavit of Desistance, Reply/Answer
Affidavit, Rejoinder Affidavit, Counter Affidavit, Affidavit of Denial for NBI
Clearance, Affidavit of Undertaking, Affidavit of Loss, Deposition of Witness,
Affidavit of Disinterest persons, Judicial Affidavit, Memo for Preliminary
Investigation, Motion for Reconsideration, Petition/Application for
Compulsory Confinement for Drug dependent, Petition/Application for
Voluntary Confinement for Drug dependent, Application for Voluntary
Confinement for Drug dependent thru Representation
2. Use and design the parts of an affidavit, legal responsibilities, obligations,
and liabilities of making or executing affidavits and petitions, requirements
in the verification, and certification of statements.
Sub - topics: ● States the surrounding circumstances, reasons,
I. Purposes of Various Legal Forms prayer, and other relevant items for the issuance of
Il. Parts of an Affidavit a search warrant in connection with one specific
Ill. Legal Responsibilities, Obligations, and offense
Liabilities of Making or Executing an Affidavit or
Petition Affidavit after Execution of Search Warrant
Issued
IV. Requirements in the Verification and ● States the names of the officers, date, time,
Certification of Statement method, disposition, and other relevant items on the
I. PURPOSES / CONTENTS OF VARIOUS evidence searched and seized.
LEGAL FORMS
Affidavit of Arresting Officer Application / Petition to Wire Tap
• States the cause, method and other relevant facts ● States the names of the officers applying, the
in taking a person into custody, so, the date, time, place, method, grounds, and other
latter may be bound to answer the compression of relevant items for the petition to wire tap.
an offense.
Affidavit of Desistance
Complaint Affidavit ● States the intention to withdraw the case
● States the names of the complainant, and previously filed.
defendant, the designation of the offense given by
the statute, the acts or omissions complained of as Counter Affidavit / Answer
constituting the offense, the approximate date, and ● States the affirmative defenses and/or specific
the place where the offense was committed. denials, if any, to address the allegations in the
complaint.
Affidavit of Witness
● States the relevant facts perceived by the witness Reply
based on personal knowledge. ● Answers the affirmative defenses and/or specific
denials in the counter affidavit/answer.
Application for Search Warrant
Rejoinder Affidavit
● Answer the new and material items on the reply. Il. TYPICAL PARTS OF AN AFFIDAVIT
● Title / Caption
Affidavit of Denial for NBI Clearance ● Name, legal status, and address of the affiant
● States the reason for the denial of the said ● Relevant facts
clearance. ● Prayer, or relief sought, If any
● Date and place of execution
Affidavit of Undertaking ● Signature of the affiant
● States the pertinent surrounding circumstances ● Notarization
and the corresponding promise to give, to do forgot
to do a particular thing. III. LEGAL RESPONSIBILITIES,
OBLIGATIONS, AND LIABILITIES OF
Affidavit of Loss MAKING OR
● States the surrounding circumstances for the loss EXECUTING AN AFFIDAVIT OR PETITION
of a particular thing. ● Imprisonment
● Fine
Deposition of Witness ● Disqualification from government service
● States the relevant facts perceived by the witness
based on personal knowledge, but submitted in What is its relevant law?
advance due to some valid reason like • Republic Act No. 11594 approved on October 29,
unavailability to testify on some future dates. 2021 amended Articles 183 and 184 of
Act No. 3815, as amended (RPE), to wit:
Affidavit of Disinterested Persons “Article 183. False testimony in other cases and
● States the relevant facts perceived by the witness perjury in solemn affirmation.
based on personal knowledge, but submitted in The penalty of prision mayor in its minimum
advance due to some valid reason like period shall be imposed upon any person who,
unavailability to testify on some future dates. knowingly making untruthful statements and not
being included in the provisions of the next
Judicial Affidavit preceding articles, shall testify under oath, or make
● States the relevant facts perceived by the witness an affidavit, upon any material matter before a
based on personal knowledge, which serves as the competent person authorized to administer an oath
direct testimony. in cases in which the law so requires.
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Execute, critique, or generate reports used by the PNP, BJMP, BFP, PDEA,
NBI, BUCOR, Parole and Probation Administration, and other relevant
agencies or private security agencies: Incident Report, Blotter, Initial/spot
Report, Progress Report, Follow-up Report, After Incident Report,
Intelligence Report, Post Operation Report, Status Report, Investigation
Report, Final Report. Vertical and Lateral Report, Directive, Relieved Order,
Assumption Order and Report, Designation Order, Periodic or Evaluation
Report, Vertical Memorandum and Lateral Memorandum, Letter of
Instruction, Mission Order.
2. Use the parts, characteristics, rules in grammar and composition, radio
codes/phonetics in making reports, style and format, courtesy, and
etiquette, of a report or memorandum.
Sub - topics: • Directive
I. Reports used by the PNP, BJMP, BFP, PDEA, • Relieved Order
NBI, BUCOR, Parole and Probation • Assumption Order and Report
Administration and other relevant agencies or • Designation Order
private security agency • Periodic or Evaluation Report
II. Purposes / Contents of the said Reports • Letter of Instruction
III. Typical Parts of a Report • Mission Order
IV. Characteristics / Courtesy / Etiquette of a Good • Radio Codes
Report • Phonetics in Making Reports
V. Rules in Grammar and Composition
VI. Style and Format Il. PURPOSES / CONTENTS OF THE SAID
REPORTS
I. REPORTS USED BY THE PNP, BJMP, BFP, Blotter
PDEA, NBI, BUCOR, PAROLE, AND • States the date, time, place, persons, and things
PROBATION ADMINISTRATION AND involved in a particular
OTHER RELEVANT AGENCIES OR
PRIVATE SECURITY AGENCY Incident Report
What are the most common reports by various • States the date, time, place, persons, and things
law enforcement and private security agencies? involved in a particular incident.
• Blotter
• Incident Report After Incident Report
• After Incident Report • States the action taken, status and other essential
• Initial / Spot Report details pertinent to a particular incident.
• Progress Report / Follow-up Report
• Final Report Initial / Spot Report
• Intelligence Report ^ Status Report • States the preliminary details of a particular
• Post Operation Report, incident such as the date, time, place, persons, and
• Investigation Report things involved.
• Vertical Report / Memorandum
• Lateral Report / Memorandum Progress Report / Follow-up Report
• States the details of the development of a Letter of Instruction
particular incident, if any. •States a particular order from a higher to a lower
ranking officer in the same organization.
Final Report
• States the completion of the operations, and/ or Mission Order
termination of the case. • States the particular duty or assignment for a
given period of time.
Intelligence Report
States the essential elements of information, and Radio Code
other requirements of intelligence operations. • Intended to report in the fastest possible time a
particular incident within the assigned area of
Status Report responsibility.
•States the current situation of the assignment.
Phonetics in making reports
Post Operation Report A - Alpha
• States the details of the action taken, status and B - Bravo
other essential details after a particular operation. C - Charlie
D - Delta
Investigation Report E - Echo
• States the six cardinal points of investigation, the F - Foxtrot
5Ws and 1H. G - Golf
H - Hotel
Vertical Report/ Memorandum I - India
• Intended for higher or lower ranking officers in J- Juliet
the same organization. K - Kilo
L - Lima
Lateral Report / Memorandum M - Mike
• Intended for co - equal ranking officer in the same N - November
organization. O - Oscar
P - Papa
Directive Q - Quebec
• States the order of a higher to a lower ranking R - Romeo
officer in the same organization. S - Sierra
T - Tango
Relieved Order U - Uniform
• States the summary of facts, grounds, applicable V - Victor.
laws / rules, effectivity and other relevant items on W - Whiskey
the said decision. x - X - ray
Y - Yankee
Assumption Order and Report Z - Zulu
• States the authority for occupying a particular
position ok assignment, and date of its effectivity. II. TYPICAL PARTS OF A REPORT
● Title / Caption
Designation Order ● Name, rank, and address of assignment of the
•Intended to assign to a person to a particular reporter Relevant facts
position of authority and responsibility. ● Date and place of execution
● Other relevant matters
Periodic or Evaluation Report ● Signature of the reporter
• Intended to update the receiver of the
development and status of the organization and its IV. CHARACTERISTICS / COURTESY /
operation for a determined period of time. ETIQUETTE OF A GOOD REPORT
● Precise
● Accurate
● Complete • Use the present progressive tense for current
● Relevant action
● Unbiased Anything that is happening right now
● Grammatically acceptable With helping verb and the verb always ends with
● Simplified “ing”
● Respectful Example: Team Aguila is fighting the Black Ops.
● Concise
● Reader friendly • Add (ed) to verbs for past tense
Applicable to regular verbs
V. RULES IN GRAMMAR AND Example: Major Basco reported the outcome or his
COMPOSITION operations to Gen. Oligario.
• Use active voice
Subject (S) + Verb (V * Object (Q • Use present perfect for the unfinished past
Example: Capt. Cardo Dalisay arrested Renato With a helping verb “has/have”
Hipolito. Example: Capt. Dalisay has slammed ten members
of Black Ops so far.
• Link Ideas with a conjunction
SVO + Coordinating Conjunction + SVO • Use present perfect progressive for unfinished
Example: Capt. Sardo Dalisay arrested Renato action and past
Hipolito, but the latter killed himself before Both action and time are considered unfinished.
arriving at the police station. With a helping verb “has been / have been”
Example:
• Use a comma to connect two ideas as one Team Aguila has been fighting Team Bwitre for
SV0 + Comma + Coordinating Conjunction + SV0 several years
Example: Capt. Cardo Dalisay arrested Renato
Hipolito, but Natter killed himself before arriving •Use past perfect for the first of two past actions
at the police station. Two things happened in the past With a helping
verb ”had”
•Use a serial comma in a list Example: Patrolman Espinosa could not pay for
Serial comma is the last comma in a list. dinner because he had lost his wallet.
Example:/ Capt. Cardo Dalisay has firearm,
ammunition, and a bullet proof vest. VI. STYLE AND FORMAT
• This will depend on the agency pre - determined
• Use the semi - colon to join two ideas and approved version, with due regard to the
Semi - colon may be used to connect two ideas typical parts, and characteristics of a good report.
instead of a coordinating conjunction.
Example: Capt. Cardo Dalisay is hyperactive; he She is more precious than jewels, and nothing you
won’t stop fighting until the enemy is desire can compare with her. Long life is
defeated. in her right hand; in her left hand are riches and
honor - Proverbs 3:15 – 16
• Use the simple present tense for habitual actions
Use the basic form of a verb.
Example: Gen. Borja and Capt. Dalisay meet every
after office hours to discuss their whole day of
operations.
REVIEW NOTES ON INTRODUCTION TO CYBERCRIME AND
ENVIRONMENTAL LAWS
Prepared by: Prof. Joselito P Barba
Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Recall and Explain the Cybercrime Offenses as provided by law; the
process of Cyber Intelligence, Cyber Investigation; Application of Cyber
Warrant, issuance and validity of the cyber warrant, preservation, and
Seizure of device and the Cyber/Electronic/Digital Evidence; processes of
filing cybercrime cases and evidence required, admissibility of
electronic/digital evidence obtained.
2. Recall and Classify the acts punishable under Solid Waste Management
Law, Toxic Substance law, Clean Air Act, Clean Water Act, punishable acts
about Logging and timber cutting, prohibited acts on wildlife resources
conservation, punishable acts on fishing and aquatic resources and other
relevant laws.
Early 2000s
1981
In 1981, IBM produced their first Compared to ENIAC, microcomputers of the
microcomputer. Then the clones started to early 2000s:
appear. This microcomputer explosion Are 180,000 times faster (2.5+ Gigahertz is the
fulfilled its slogan computers by the millions average speed)
for the millions. Compared to ENIAC, Have a memory capacity 25,000 times larger
microcomputers of the early 80s: (average 1+ Gigabytes of RAM)
Were 20 times faster (Apple II ran at the Are 1/30,000 the size cost 1/60,000 as much
speed of ¼ Megahertz). Had a memory incomparable dollars (A PC can cost from
capacity as much as 16 times larger (Apple $700 to $1500)
had 64
K). Data Storage
Were thousands of times more reliable.
Consumed the power of a light bulb instead of Data storage has also grown in capacity
a locomotive. and shrunk in size as dramatically as have
Were 1/30,000 the size. computers. Today a single data DVD will hold
around 4.8 gigabytes. It would take A computer is an electronic device, operating
90,000,000 punch cards to hold the same under the control of instructions stored in its
amount of data. And, there is talk of a new memory that can accept data (input), process
high-density video disk (HVD) that will be able the data according to specified rules, produce
to hold fifty times that much data. That's information (output), and store the
more than 240 gigabytes. information for future use.
An electronic communications network that Many cell phone and smartphone providers
connects computer networks and offer voice plans with Internet access. Mobile
organizational computer facilities around the Internet connections provide good speeds and
world, used with the exception when being allow you to access the Internet.
used attributively. The speeds vary depending on the provider,
but the most common are 3G and 4G speeds.,
and the Latest is 5G, the 5th generation This high-speed Internet connection is
mobile network. It is a new global wireless provided through either cable or telephone
standard after 1G, 2G, 3G, and 4G networks. companies. One of the fastest options
5G enables a new kind of network that is available, broadband Internet uses multiple
designed to connect virtually everyone and data channels to send large quantities of
everything including machines, objects, and information. The term broadband is
devices. shorthand for broad bandwidth. Broadband
5G wireless technology is meant to deliver Internet connections such as DSL and cable
higher multi-Gbps peak data speeds, ultra-low are considered high-bandwidth connections.
latency, more reliability, massive network Although many DSL connections can be
capacity, increased availability, and a more considered broadband, not all broadband
uniform user experience to more users. connections are DSL.
Higher performance and improved efficiency
empower new user experiences and connect DSL
new industries.
DSL, which stands for Digital Subscriber Line,
uses an existing 2-wire copper telephone line
WIFI HOTSPOTS connected to one's home so service is
delivered at the same time as landline
Wifi Hotspots are sites that offer Internet telephone service. Customers can still place
access over a wireless local area network calls while surfing the Internet.
(WLAN) by way of a router that then connects
to an Internet service provider. Hotspots CABLE
utilize WiFi technology, which allows
electronic devices to connect to the Internet Cable Internet connection is a form of
or exchange data wirelessly through radio broadband access. Through the use of a cable
waves. Hotspots can be phonebased or free- modem, users can access the Internet over
standing, commercial or free to the public. cable TV lines. Cable modems can provide
extremely fast access to the Internet, making
DIAL-UP a cable connection a viable option for many.
SATELLITE
Dial-up connections require users to link their
phone line to a computer in order to access In certain areas where a broadband
the Internet. This particular type of connection is not yet offered, a satellite
connection—also referred to as analog— does Internet option may be available. Similar to
not permit users to make or receive phone wireless access, a satellite connection utilizes
calls through their home phone service while a modem.
using the Internet. Now more outdated, a
dial-up connection used to be among the
most common Internet connection type.
ISDN
BROADBAND
ISDN (Integrated Services Digital Network)
allows users to send data, voice, and video
content over digital telephone lines or Internet:
standard telephone wires. The installation of 1. Global connection of networks;
an ISDN adapter is required at both ends of 2. The infrastructure.
the transmission—on the part of the user as
well as the Internet access provider. World Wide Web (WWW or the Web):
1. Internet Web being a collection of
There are quite a few other Internet information that can be accessed using the
connection options available, including T-1 Internet;
lines, T-3 lines, OC (Optical Carrier), and other 2. service on top.
DSL technologies.
The Web is the most widely used part of the
Internet. Its outstanding feature is hypertext,
Uses of the internet a method of instant cross-referencing. In most
Web sites, certain words or phrases appear in
In general, the Internet can be used to the text of a different color than the rest;
communicate across large or small distances, often this text is also underlined. When a user
share information from any place in the selects one of these words or phrases, they
world, and access information or answers to will be transferred to the related site or page.
almost any question in moments. Buttons, images, or portions of images are
Some specific examples of how the Internet is also used as hyperlinks.
used include: The Web provides access to billions of pages
1. Social media and content sharing; of information. Web browsing is done through
2. E-mail and other forms of a Web browser, the most popular of which
communication; such as Internet Relay Chat are Google Chrome, Firefox, and Internet
(IRC), Internet telephony, instant messaging, Explorer. The appearance of a particular Web
video conferencing site may vary slightly depending on the
3. Education and self-improvement browser used. Later or more updated versions
through access to online degree programs, of a particular browser can render more
courses, and workshops; and complex features, such as animation, virtual
4. Searching for jobs, both the employer reality, sound and music files.
and applicant use the Internet to post open
positions, apply for jobs and recruit Social impact of the Internet
individuals found on social networking sites. The social impact of the Internet can be seen
as both positive and negative. On one side,
Other examples include: people argue that the Internet has increased
5. Online discussion groups and forums the risk of isolation, alienation and withdrawal
6. Online dating from society, pointing to increases in an
7. Online gaming emotional response called FOMO, or the Fear
8. Research Of Missing Out. On the other side, people
9. Reading electronic newspapers and believe the Internet to have had the opposite
magazines effect on society, arguing that the Internet
10. Online shopping, or e-commerce. increases civic engagement, sociability and
the intensity of relationships.
Difference between the World Wide Web and Whether the impacts are good or bad, the
the Internet Internet has changed the way society
interacts and connects. One example of opening users up to the risk of data breaches
change is the increased focus on personal and other security threats.
growth and a decline in a community that is Hackers and crackers can break into networks
determined by work, family and space. People and systems and steal information such as
are now constructing social relationships login information or bank and credit card
based on individual interests, projects and account records. Some steps that can be
values. Communities are being formed by like- taken to protect online privacy include:
minded individuals not only offline and in 1. Installing antivirus and anti-malware;
person, but through the Internet and the 2. Creating difficult, varied passwords
multitude of online environments which it that are impossible to guess;
creates and offers. Social networking sites, 3. Using a virtual private network (VPN)
like Facebook and LinkedIn, have become the or, at least, a private browsing mode, such as
preferred platforms for both businesses and Google Chrome's Incognito window;
individuals looking to perform all kinds of 4. Only using HTTPS;
tasks and communicate with others. 5. Making all social media accounts
Benefits of the Internet include: private;
1. Access to endless information, 6. Deactivating autofill;
knowledge and education. 7. Turning off the device's GPS;
2. An increased ability to communicate, 8. Updating cookies so an alert is sent
connect and share. anytime a cookie is installed;
3. The ability to work from home, 9. Logging out of accounts instead of just
collaborate and access a global workforce. closing the tab or window;
4. The chance to sell and make money as 10. Using caution with spam emails and
a business or individual. never opening or downloading content from
5. Access to an unlimited supply of unknown sources; and
entertainment sources, such as movies, 11. Using caution when accessing public
music, videos and games. Wi-Fi or hotspots.
6. The ability to amplify the impact of a Additionally, there is an element of the
message, allowing charities and other Internet called the dark web. The dark web is
organizations to reach a wider audience and hidden and inaccessible through standard
increase the total amount of donations. browsers. Instead, it uses the Tor and I2P
7. Access to the internet of things (IoT), browsers which allow users to remain entirely
which allows home appliances and devices to anonymous. While this anonymity can be a
connect and be controlled from a computer or great way to protect an online user's security
smartphone. 8. The ability to save data and and free speech or for the government to
easily share files with cloud storage. keep classified data hidden, the dark web also
9. The ability to monitor and control personal creates an environment that facilitates
accounts instantly, such as bank accounts or cybercrime, the transfer of illegal goods, and
credit card bills. terrorism.
2. An activity was done using computers The first recorded computer abuse occurred
and the internet. We can say that it is an in 1958. The first federally prosecuted
unlawful act wherein the computer either as a computer crime, identified as such, was the
tool or target or both. alteration of bank records by computer in
Minneapolis in 1966.
3. Any crime that takes place online or
primarily online. That can run the gamut from Cybercrime started from the first known
the aforementioned identify theft and other hacking in the 1970s to the sophisticated
security breaches to things like “revenge phishing attacks of today. The cyber threats
porn,” cyber-stalking, harassment, bullying, nowadays have grown in scope and
and even child sexual exploitation. Terrorists complexity that may victimize everyone by
are collaborating more on the internet, the hackers thru the gathering of individual
moving that most terrifying of crimes into personal data, business data specifically in
cyberspace. banks and other financial institutions, and
even the Government Classified Information
4. Goes beyond the technical, wherein the Economy and National Security
transnational dimension and involves will be affected.
offenders who deliberately fashion their
attacks to exploit the potential weaknesses The malicious tie to hacking was first
present in the infrastructure’s transnational documented in the 1970s when early
nature. It threatens the substantial and computerized phones were becoming a
growing reliance of commerce, governments, target. Tech-savvy people are known as
and the public upon the information “phreakers” found a way around paying for
infrastructure to conduct business, carries long-distance calls through a series of codes.
messages, and process information. They were the first hackers, learning how to
exploit the system by modifying hardware and
software to steal long-distance phone time.
History of the Computer Crime and This made people realize that computer
Cybercrime systems were vulnerable to criminal activity
and the more complex systems became, the new forms of computer crime were
more susceptible they were to cybercrime. recognized. They included the illegal use of
The criminal abuse of information technology computer systems and the manipulation of
and the necessary legal response are issues electronic data. The shift from manual to
that have been discussed ever since the computer-operated transactions led to
technology was introduced. Over the last 50 another new form of crime – computer-
years, various solutions have been related fraud. Already at this time,
implemented at the national and regional multimillion dollar losses were caused by
levels. One of the reasons why the topic computer-related fraud.
remains challenging is the constant technical Computer-related fraud, in particular, was a
development, as well as the changing real challenge, and law enforcement agencies
methods and ways in which the offenses are were investigating more and more cases. As
committed. the application of existing legislation in
In the 1960s, the introduction of transistor- computer-crime cases led to difficulties, a
based computer systems, which were smaller debate about legal solutions started in
and less expensive than vacuum-tube based different parts of the world. The United States
machines, led to an increase in the use of discussed a draft bill designed specifically to
computer technology. At this early stage, address cybercrime. Interpol discussed the
offences focused on physical damage to phenomena and possibilities for legal
computer systems and stored data. Such response.
Understanding cybercrime: Phenomena, In 1978, The first electronic bulletin board
challenges and legal response incidents were system came online and quickly became a
reported, for example, in Canada, where in preferred method of communication for the
1969 a student riot caused a fire that cyber world. It allowed fast, free exchange of
destroyed computer data hosted at the knowledge including tips and tricks for
university. In the mid-1960s, the United States hacking into computer networks. The first
started a debate on the creation of a central spam email took place in 1978 when Gary
datastorage authority for all ministries. Within Thuerk sent out over the ARPANT.
this context, possible criminal abuse of
databases and the related risks to privacy In the 1980s, personal computers became
were discussed. more and more popular. With this
In the 1970s, the use of computer systems development, the number of computer
and computer data increased further. At the systems and hence the number of potential
end of the decade, an estimated number of targets for criminals again increased. For the
100 000 mainframe computers were first time, the targets included a broad range
operating in the United States. With falling of critical infrastructure. One of the side
prices, computer technology was more widely effects of the spread of computer systems
used within administration and business, and was an increasing interest in software,
by the public. resulting in the emergence of the first forms
The 1970s were characterized by a shift from of software piracy and crimes related to
the traditional property crimes against patents. The interconnection of computer
computer systems that had dominated the systems brought about new types of offence.
1960s, to new forms of crime. While physical Networks enabled offenders to enter a
damage continued to be a relevant form of computer system without being present at
criminal abuse against computer systems, the crime scene.
being infected and reinfected at a rate much
In addition, the possibility of distributing faster than he anticipates.
software through networks enabled offenders Robert T. Morris Jr, a graduate student at
to spread malicious software, and more and Cornell, released a self-replicating worm onto
more computer viruses were discovered. the Defense Department’s ARPANET.
Countries started the process of updating ARPANET is the precursor to the Internet as
their legislation so as to meet the we know it today. The worm gets out of hand,
requirements of a changing criminal infects more than 600,000 networked
environment. International organizations also computers, and lands Mr. Morris with a
got involved in the process. OECD and the $10,000 fine and 3 years’ probation, another
Council of Europe set up study groups to slap on the wrist.
analyse the phenomena and evaluate In 1989, The first large-scale case of
possibilities for legal response. ransomware is reported to spread via floppy
disk. The malicious software is distributed to
In 1981, Ian Murphy, known as Captain Zap to 20,000 attendees of the World Health
his fans, was the first person convicted of a Organization's AIDS conference. Once
cybercrime. He hacked into the AT&T network downloaded, the ransomware encrypts files
and changed the internal clock to charge off- after the computer is rebooted a certain
hours rates at peak times. He received 1,000 amount of times. To unlock the computer,
hours of community service and 2.5 years of users have to send a $189 "licensing fee" to
probation, a mere slap on the wrist compared the PC Cyborg Corporation via PO box in
to today’s penalties, and was the inspiration Panama in exchange for a decryption key. At
for the movie Sneakers. the same time, another group is arrested
stealing US government and private sector
In 1982 the first known virus was installed in data and selling it to the KGB.
an Apple computer and spread by floppy disk
when the 15 years old kid a high school In the 1990s, the introduction of the graphical
student, Rich Skrenta, developed the ELK interface (“WWW”) in the 1990s that was
Cloner. followed by a rapid growth in the number of
In 1986 the Federal Congress passes the Internet users led to new challenges.
Computer Fraud and Abuse Act, making Information legally made available in one
hacking and theft illegal. country was available globally – even in
In 1985, Steve Katz becomes the Senior countries where the publication of such
Security executive for Citibank/Citi Group and information was criminalized. Another
JP Morgan is widely regarded as the world’s concern associated with online services that
first Chief Information Security Officer (CISO). turned out to be especially challenging in the
In 1988, Morris Worm, Robert Morris creates investigation of transnational crime was the
what would be known as the first worm on speed of information exchange. Finally, the
the Internet. The worm is released from a distribution of child pornography moved from
computer at MIT to suggest that the creator is physical exchange of books and tapes to
a student there. The potentially harmless online distribution through websites and
exercise quickly became a vicious denial of Internet services. While computer crimes
service attack when a bug in the worm’s were in general local crimes, the Internet
spreading mechanism leads to computers turned electronic crimes into transnational
crime. As a result, the international
community tackled the issue more intensively. attacked by hackers at least 650,000 times
UN General Assembly Resolution 45/121 and that at least 60% of them were successful.
adopted in 1990 and the manual for the
prevention and control of computer-related Max Butler hacks U.S. government websites in
crimes issued in 1994 are just two examples. 1998 and is sentenced to 18 months in prison
in 2001. After being released in 2003, he uses
In 1990, where a large project named WiFi to commit attacks, program malware,
Operation Sundevil was exposed. FBI agents and steal credit card information. In 2007, he
confiscated 42 computers and over 20,000 is arrested and eventually pleads guilty to
floppy disks that were used by criminals for wire fraud, stealing millions of credit card
illegal credit card use and telephone services. numbers and around $86 million of fraudulent
This operation involved over 100 FBI agents purchases.
and took two years to track down only a few
of the suspects. However, it was seen as a In 1999, The Melissa Virus is released. It
great public relations effort, because it was a becomes the most virulent computer
way to show hackers that they will be infection to date and results in one of the first
watched and prosecuted. convictions for someone writing malware. The
Fast Forward to 1994, The World Wide Web is Melissa Virus was a macro-virus to take over
launched, allowing black hat hackers to move email accounts and send out massmailings.
their product info from the old bulletin board The virus writer was accused of causing more
systems to their very own websites. A student than $80 million in damages to computer
in the UK uses the information to hack into networks and sentenced to 5 years in prison.
Korea’s nuclear program, NASA and other US It is regarded as the first successful mass-
agencies using only a Commodore Amiga emailing virus.
personal computer and a
“blue boxing” program found online. In 2000, The first juvenile to serve jail time for
hacking is sentenced. At 16, Jonathan James
In 1995 the Macro-viruses appear. Macro- pleads guilty to illegally hacking into NASA,
viruses are viruses written in computer the Pentagon, and the Department of
languages embedded within applications. Defense.
These macros run when the application is In the same year the 15-year-old Michael
opened, such as word processing or Calce, aka MafiaBoy, a Canadian high school
spreadsheet documents, and are an easy way student, unleashes a DDoS attack on several
for hackers to deliver malware. This is why high-profile commercial websites including
opening unknown email attachments can be Amazon, CNN, eBay, and Yahoo! An industry
very risky. Macro-viruses are still hard to expert estimates the attacks resulted in $1.2
detect and are a leading cause of computer billion in damages. Denial of Service (DDoS)
infection. attacks are launched, numerous times, against
AOL, Yahoo! eBay, and many others. Fake
In 1996, CIA Director John Deutsch testifies to news causes shares of Emulex stock to crash
Congress that foreign-based organized crime nearly 50%.
rings were actively trying to hack US In The Philippines, 24 years old, Onel De
government and corporate networks. The US Guzman, a college student in Manila created
GAO announced that its files had been the “ILOVEYOU” virus. De Guzman, who was
poor and struggling to pay for Internet access
at the time, created the computer worm investigate, such as “voice-over-IP
intending to steal other users' passwords, Understanding cybercrime: Phenomena,
which he could use to log in to their Internet challenges and legal response (VoIP)
accounts without needing to pay for the communication” and “cloud computing”.
service. He justified his actions on his belief
that Internet access is a human right, and that It is not only the methods that changed, but
he was not actually stealing. also the impact. As offenders became able to
automate attacks, the number of offences
increased. Countries and regional and
The worm used the same principles that de international organizations have responded to
Guzman had described in his undergraduate the growing challenges and given response to
thesis at AMA Computer College. He stated cybercrime high priority.
that the worm was very easy to create, thanks
to a bug in Windows 95 that would run code In 2001, the Creation of the National
in email attachments when the user clicked on Computer Emergency Response Team
them. Originally designed the worm to only (NCERT) (CERT-PH) under the Department of
work in Manila, he removed this geographic Information and Communications Technology
restriction out of curiosity, which allowed the (DICT)
worm to spread worldwide. De Guzman did
not expect this worldwide spread. The BUDAPEST CONVENTION is the first
international treaty on crimes committed via
The I Love You Virus spreads across the the Internet and other computer networks,
Internet. Then US President Clinton says dealing particularly with infringements of
he doesn’t use email to talk with his daughter copyright, computer-related fraud, child
because the technology isn’t secure. pornography, hate crimes, and violations of
network security. It also contains a series of
Since there were no laws in the Philippines powers and procedures such as the search of
against writing malware at the time, both computer networks and lawful interception.
Ramones and de Guzman were released with
all charges dropped by state prosecutors. To In that year the Growing no. of hacking
address this legislative deficiency, the attacks and cybercrimes were recorded
Philippine Congress enacted Republic Act No.
8792, otherwise known as the E-Commerce In 2002, The FBI's Cyber Division is created to
Law, in July 2000, months after the worm focus on traditional crimes that are migrating
outbreak. to the internet, such as fraud, identity theft,
and intellectual property rights violations, as
The 21st Century as in each preceding decade, well as "internet-facilitated activity" such as
new trends in computer crime and cybercrime cyber terrorism.
continued to be discovered in the 21st In 2003, The U.S. Justice Department
century. The first decade of the new announces more than 70 indictments and 125
millennium was dominated by new, highly convictions or arrests for phishing, hacking,
sophisticated methods of committing crimes, spamming, and other Internet fraud as part of
such as “phishing”, and “botnet attacks”, and Operation CyberSweep.
the emerging use of technology that is more
difficult for law enforcement to handle and
In 2003 also, The Creation of the Computer
Crime Unit of the PNP CIDG. Criminal In 2010, as reported that Google's intellectual
Investigation and Detection Group (CIDG) was property is stolen during a highly
the primary investigation arm of the sophisticated attack by Chinese hackers. This
Philippine National Police. year, reported that 9 out of 10 Filipinos are
victims of various forms of cybercrime ranging
In 2005, The first Filipino to be convicted of from hacking attacks to online scams.
cybercrime, particularly hacking, was JJ Maria In 2012, The R.A. 10175 also known as the
Giner. He was convicted in September 2005 Philippine Cybercrime Prevention Act of 2012
by Manila MTC Branch 14 Judge Rosalyn was passed into law
Mislos-Loja. Giner pleaded guilty to hacking
the government portal “gov. ph” and other In 2013, The PNP-Anti Cybercrime Group, with
government websites. He was sentenced to the official acronym “PNP ACG”, was activated
one to two years of imprisonment and fined as a National Operational Support Unit
Php100,000. However, he immediately primarily responsible for the implementation
applied for probation, which was eventually of pertinent Philippine laws on cybercrimes
granted by the court. and advocating the anticybercrime campaign
of the PNP. PNP ACG conducted operations,
The conviction is now considered a landmark as a result, the 3.75M worth of counterfeit
case, as he is the first local hacker to be medicines were seized in the Philippines and
convicted under section 33a of the E- Thousands of Chinese and Taiwanese
Commerce Law or Republic Act 8792. nationals were arrested for Telecom Fraud.
In 2007, The instances of hacking, data theft, In 2014, The suspension of R.A.10175 was
and malware infections skyrocket. The Lifted
numbers of records stolen, machines infected
rise into the millions, the number of damages In 2018, Dubsmash. The popular video
caused into the billions. The Chinese streaming platform discovered 161.5 million
government is accused of hacking into the US user records were placed for sale on the dark
and other governmental systems. web. Records included details like name,
email address, and encrypted passwords.
In 2008, The National Cyber Investigative Joint
Task Force is created by the FBI to synchronize In 2019, Information relating to more than
efforts across the law enforcement, 530 million Facebook users is exposed by an
intelligence community, and Department of unknown hacker including phone numbers,
Defense to identify and apprehend account names, and Facebook IDs.
cybercriminals.
In 2009, the Philippines Government enacted In 2021, This present year there are so many
R.A. 9775 or AN ACT DEFINING THE CRIME OF recorded Ransomware Attacks, some of these
CHILD PORNOGRAPHY, PRESCRIBING are the ransomware attack forced Colonial
PENALTIES THEREFOR AND FOR OTHER Pipeline, a U.S. energy company to shut down
PURPOSES & R.A. 9995 or AN ACT DEFINING its entire fuel distribution pipeline and
AND PENALIZING THE CRIME OF PHOTO AND therefore threatened gasoline and jet fuel
VIDEO VOYEURISM, PRESCRIBING PENALTIES distribution across the U.S. east coast.
THEREFOR, AND FOR OTHER PURPOSES. Colonial Pipeline paid nearly $5 million to
Eastern European hackers to help restore the
country’s largest fuel pipeline, and The On 12 September 2012, the Philippine
LockBit ransomware gang breached Congress enacted the Cybercrime Prevention
Accenture's networks, encrypted files and Act to govern crimes committed in
demanded $50 million to avoid having their cyberspace. The new law specifies several
encrypted files sold on the dark web. new acts of cybercrime. Among those
prohibited under the law are cybersex, online
Several individuals were engaged in fighting child pornography, illegal access to computer
computer-related crimes from the early systems or hacking, online identity theft, and
development. Donn B Parker was involved in spamming. It increases the penalty for
the research of computer crime and security computer-related crimes. However, the law
from early 1970. could not take its course in attaining its aim
due to the indefinite restraining order issued
Parker served as Senior Computer Security by the Supreme Court for its implementation
Consultant at SRI International (Standford until the petitions challenging the
Research Institute) and was the main author constitutionality of the law were resolved last
of the first basic federal manual for law February 2014.
enforcement in the USA: “Computer Crime –
Criminal Justice Resource Manual” (1979). As stated in Sec. 2 of R.A. 10175 that the State
This manual becomes soon an encyclopedia recognizes the vital role of information and
also for law enforcement outside the US. communications industries such as content
production, telecommunications,
Cybercrime is one of the fastest-growing non- broadcasting electronic commerce, and data
violent crimes committed in Cyberspace. It processing, in the nation’s overall social and
takes a great deal of technical expertise and economic development.
co-operation, both local and foreign, to
address such problems. This crime affects The State also recognizes the importance of
different countries in varying degrees, providing an environment conducive to the
depending on the extent of the legislative development, acceleration, and rational
enactment of each country. application and exploitation of information
and communications technology (ICT) to
The Philippines has been regarded as a haven attain free, easy, and intelligible access to
of crime committed online for many years exchange and/or delivery of information; and
while other countries have developed cyber- the need to protect and safeguard the
warfare. It has only begun its stand when the integrity of computer, computer and
country received recognition in 2000 as the communications systems, networks, and
source of “LOVE BUG” or the “I love you” databases, and the confidentiality, integrity,
virus. It has been 13 years since the virus and availability of information and data stored
bolstered the insufficiency of the therein, from all forms of misuse, abuse, and
government’s policies on cybercrime illegal access by making punishable under the
suppression, investigation, and prosecution law such conduct or conducts.
when the author of the virus was released
from jail and no case was filed against him for In this light, the State shall adopt sufficient
lack of legislation defining the act as a crime powers to effectively prevent and combat
and imposing a penalty for such commission. such offenses by facilitating their detection,
investigation, and prosecution at both the long as the penal codes and any other
domestic and international levels, and by legislation clearly stipulate it as involving not
providing arrangements for fast and reliable only the use of computers but the use of
international cooperation. computers as the center component.
At the Tenth United Nations Congress on the
Crime and cybercrime have become an Prevention of Crime and Treatment of
increasingly large problem in our society, even Offenders, in a workshop devoted to the
with the criminal justice system in place. Both issues of crimes related to computer
in the public webspace and dark web, networks, cybercrime was broken into two
cybercriminals are highly skilled and are not categories and defined thus:
easy to find. 1. Cybercrime in a narrow sense
(computer crime): Any illegal behavior
Concept of Cybercrime directed by means of electronic operations
Criticism of Gotternbarn, in arguing against that target the security of computer systems
him stated that it is true that we may not and the data processed by them.
categorize other crimes in accordance to 2. Cybercrime in a broader sense
tools, equipment, mechanism, or means (computer-related crime): Any illegal behavior
through which they were committed. committed by means of, or in relation to, a
However, due to the nature and features of computer system or network, including such
Cyber Crimes which differentiate, the crimes as illegal possession and offering or
traditional universe and the cyber universe distributing information by means of a
led the traditional universe to tremble like an computer system or network.
earthquake, makes crimes difficult to control Even though this definition is not completely
than they were before, this initiates the definitive, however, it gives us a good starting
concept of these crimes being necessary point, for determining just what cybercrime
categorized as Cyber Crimes. Therefore, let means, by incorporating computer crime and
Cyber Crimes be Cyber Crimes. computer-related crime.
Forester and Morrison argued that cybercrime
is a criminal act in which a computer is used LESSON 5
as a principal tool. In that matter, the theft of
computer hardware devices, would not Fundamentals of the Cybercrimes,
qualify as computer crime. Is it true by using a Cyberthreats and Cyberecurity
computer as the principal tool to commit a
crime will amount to a computer or
cybercrime? For instance, in taxable Computer crime
transactions, in the case of data entry, can’t a It is not well understood in the criminal
person commit fraud by just filling the wrong justice and computer-using communities, and
data into hardcopy versions of tax forms no consensus on its definition exists, as
which are the same available in electronic evidenced by the diversity of state and federal
forms? computer crime laws. One definition is that it
Roy Girasa (2002) argued that cybercrime is a is a form of white-collar crime committed
generic term covering the multiplicity of inside a computer system; another definition
crimes found in penal codes or in legislation is that it is the use of a computer as the
having the use of computers as a central instrument of a business crime.
component. To him, cybercrime is a crime as
Elements of Computer Crime: Involves protecting information and systems
1. Computer from cyber threats.
2. Crime Cybersecurity strives to ensure the attainment
Therefore, it involves a crime in a relationship and maintenance of the security properties of
with a computer. The relationship could the organization and user’s assets against
involve the direct usage of a computer by the relevant security risks in the cyber
criminal as one of the first famous computer environment.
criminals did. Cybersecurity involves the protection of
However, the relationship can also be indirect, sensitive personal and business information
the criminals can not only use the computer through prevention, detection, and response
to commit their crime but can also use to different online attacks.
someone to make changes in a computer Cybersecurity is preventing Cyber-attacks.
system, by manipulating a key computer user. Different methods or practices to try to
Thus one is the exploitation of trust in the compromise IT systems
social fabric of IT users within the 1. Remote attacks on IT systems or
organization. website
2. Unauthorized access to information
Cybercrime and Cybersecurity held on a corporate network or systems
Cybercrime is an all-encompassing legal topic. 3. Unauthorized access to held in third-
It can affect almost every area of the law and party systems (e.g. hosted services)
society. It crosses over and transverses civil, 4. System infiltration or damage through
company, commercial, and intellectual malicious software (malware)
property law. Its reach is never-ending and 94% of malware is delivered via email
continually expanding. The extent of Attack via email rose in 200% in 2020 1 in 13
cybercrime is only matched by the ingenuity web requests lead to malware
and creativity of the perpetrator and the lack
of awareness of the victim. Its effect is all- 5. Disruption or denial of service that
encompassing and can affect everyone and all limits access to your network or systems
walks of life and much human activity. Attacks can be:
Cybersecurity refers to the collection of tools,
policies, risk management approaches, Targeted- where you are singled out because
actions, training, best practices, assurance, of specific interest in your business or the
and technologies that can be used to protect attacker has been paid to target you
the cyber environment and organization and Untargeted – where attackers indiscriminately
user’s assets. Organization and user’s assets target as many devices, services, or users as
include connected computing devices, possible.
personnel, infrastructure, applications, Cybersecurity and how it affects their
services, telecommunication systems, and the organization, small or large
totality of transmitted and/or stored Cyber security is the practice of defending
information in the cyber environment. - computers, servers, mobile devices, electronic
International Telecommunication Union (ITU) systems, networks, and data from malicious
Cybersecurity is the prevention, protection, attacks. It’s also known as information
and restoration from cyber-attacks, to protect technology security or electronic information
networks, computers, programs and data security.
from attacks, damage or unauthorized access. Categories of Cyber Security
1. Network Security back on while trying to operate without
2. Application Security certain resources.
3. Information Security
4. Operational Security End-user education
5. Disaster recovery and business
continuity Addresses the most unpredictable cyber-
6. End-user education security factor: people. Anyone can
Network security accidentally introduce a virus to an otherwise
secure system by failing to follow good
Is the practice of securing a computer security practices. Teaching users to delete
network from intruders, whether targeted suspicious email attachments, not plug in
attackers or opportunistic malware. unidentified USB drives, and various other
Application security important lessons is vital for the security of
any organization.
Focuses on keeping software and devices free
of threats. A compromised application could Remember:
provide access to the data its designed to Cybercrime is becoming big business and
protect. Successful security begins in the cyber risk is a focus of organizations and
design stage, well before a program or device governments globally
is deployed. Monetary and reputational risks are high if
organizations don’t have an appropriate
Information security cybersecurity plan.
An internet crime in which someone holds Cyber liability insurance provides coverage to
electronic files or your business data hostage mitigate the financial impact of these attacks.
until you pay a demanded ransom.
Many cyber liability insurance policies cover
Cyberextortion is a form of cyberterrorism, cyber extortion, but usually by endorsement
occurs when a website, e-mail server, or only (i.e., an addition to your policy’s
computer system is subjected to or declarations page). Such policies, called first-
threatened with repeated denial of service or party cyber liability coverage, provide
other attacks by malicious hackers. who financial support for three purposes:
demand money in return for promising to • To meet a hacker’s ransom demand
stop the attacks. • To pay for extortion-related expenses,
such as hiring a consultant to remediate an
According to the Federal Bureau of attack
Investigation, cyberextortionists are • To bring damaged computer
increasingly attacking corporate websites and hardware or databases back to their original
networks, crippling their ability to operate working condition
and demanding payments to restore their Cyberwarfare
service. More than 20 cases are reported each
month to the FBI and many go unreported in It is constitutes the conduct of military
order to keep the victim's name out of the operations by virtual means. It consists of
nation-states’ using cyberspace to achieve the largely psychological and intangible, making
same general ends they pursue through the legal action against the variants more difficult.
use of conventional military force, i.e., to These are the crimes which have existed for
achieve certain advantages over a competing centuries in the offline. Scams, theft, and the
nation-state or to prevent a competing likes have existed even before the
nation-state from achieving advantages over development in high-tech equipment. The
them. same criminal has simply been given a tool
This is already happening, according to some which increases his potential pool of victims
accounts. There are reports that the People’s and makes him all the harder to trace and
Republic of China (“PRC”) is launching apprehend.
cyberattacks that are intended to cripple
Taiwan’s infrastructure and “paralyze” the Crimes that use computer networks or
island’s government and economy. The devices to advance other ends include:
attacks allegedly target Taiwan’s public utility, Phishing scams
communications, transportation and Fraud and identity theft
“operational security” networks. Information warfare
Spamming
Computer as a target Obscene or offensive content
Online Harrassment
These crimes are committed by a selected Drug trafficking
group of criminals. Unlike crimes using he Cyberstalking
computer as a tool, these crimes requires the
technical knowledge of the perpetrators. SPAMMING
These crimes are relatively new, having been Spam Or the unsolicited sending of bulk email
in existence for only as long as computers for commercial purposes, is unlawful in some
have, which explains how unprepared society jurisdictions. While anti-spam laws are
and the world in general is towards combating relatively new, limits on unsolicited electronic
these crimes. There are numerous crimes of communications have existed for some time.
this nature committed daily on the internet. Spamming is the act of sending unsolicited
messages to many users at a time, possibly up
Crimes that primarily target computer to thousands, with the usual intention of
networks or devices include: advertising products to potential customers.
1. Computer viruses Spamming can also be used as a form of
2. Denial-of-service attacks irritation by singling out an email address and
3. Malware (malicious code) sending the owner of that address hundreds
of emails per second. Spamming is usually
Computer as a tool random and untargeted but it can be targeted
to either a group of people, for example,
When the individual is the main target of advertisements that cater for a particular
Cybercrime, the computer can be considered group of people, or certain persons, like in the
as the tool rather than the target. These case of spamming for the purpose of irritating
crimes generally involve less technical the public.
expertise as the damage done manifests itself
in the real world. Human weaknesses are Obscene or offensive content
generally exploited. The damage dealt is
The content of websites and other electronic communication. These virtual exchanges
communications may be distasteful, obscene allow more intimidated individuals to more
or offensive for a variety of reasons. In some comfortably purchase illegal drugs. The
instances these communications may be sketchy effects that are often associated with
illegal. drug trades are severely minimized and the
Over 25 jurisdictions place limits on certain filtering process that comes with physical
speech and ban racist, blasphemous, interaction fades away.
politically subversive, libelous or slanderous,
seditious, or inflammatory material that tends
to incite hate crimes. Methodology of Cybercrime Investigation
The extent to which these communications Cybercrime Investigation
are unlawful varies greatly between countries, Is the process of investigating, analyzing and
and even within nations. It is a sensitive area recovering critical forensic digital data from
in which the courts can become involved in the networks involved in the attack—this
arbitrating between groups with strong could be the Internet and/or a local network
beliefs. —in order to identify the authors of the digital
One area of Internet pornography that has crime and their true intentions.
been the target of the strongest efforts at
curtailment is child pornography. The Crime Investitative methods described
involves Seven Phases.
Online Harassment Initial Investigation
Whereas content may be offensive in a non- Once investigators receive a request to
specific way, harassment directs obscenities conduct criminal inquiry, their first job is to
and derogatory comments at specific learn as much about the case as possible. A
individuals focusing for example on gender, preliminary information-gathering meeting
race, religion, nationality, sexual orientation. should be conducted to determine the nature
This often occurs in chat rooms, through of the crime, the probable degree of
newsgroups, and by sending hate e-mail to technicality involved, and the names of
interested parties (see cyber bullying, cyber potential suspects
stalking, harassment by computer, hate crime, Investigation Planning
Online predator, and stalking). Any comment Based on this initial information, investigators
that may be found derogatory or offensive is then plan their investigative approach. The
considered harassment. plan should be a written document containing
the names of the areas, persons, documents,
Drug trafficking files, and other factors to be investigated. The
Drug traffickers are increasingly taking name of the investigator assigned, dates on
advantage of the Internet to sell their illegal which investigations started and ended, and
substances through encrypted e-mail and brief comments on the case should also be
other Internet Technology.Some drug included depending on the nature of the
traffickers arrange deals at internet cafes, use crime.
courier Web sites to track illegal packages of Information Gathering and Analysis
pills, and swap recipes for amphetamines in Information on suspects can be obtained from
restricted-access chat rooms. various outside sources such as the federal,
The rise in Internet drug trades could also be state, and local law enforcement and
attributed to the lack of face-to-face government agencies, former employers,
credit agencies, medical files, friends, and Carrie walks back to her dorm room, but she
neighbors. Internal information gathering may cannot shake the feeling that she's being
include system documentation, job watched. Over the last two weeks, she has
descriptions, procedure manuals, audit received several blocked calls to her cell
information, flowcharts, program listings, phone. Sometimes she will answer the calls,
program narratives, file layouts, application and other times she lets it go to voicemail.
documentation, and computerized and When she answers, no one speaks, and
manual files whoever it is does not leave a voicemail
Interviewing and Interrogation message. Carrie has also been getting emails
Properly performed interviewing and to her school account. The emails tell her that
interrogation are particularly necessary, given she is pretty, and there will be comments
the technical nature of the crime, about the pants or shirt she wore that day.
interrogators should be expert in these areas Tonight, Carrie feels she needs to talk to the
and also should be fully aware of any legal police because she feels someone is stalking
liabilities which may arise. her.
Technical Data Systems Review The definition for stalking is when a
Reviews of technical data systems will also be perpetrator singles out a specific person and
necessary as an aid in interrogation and causes the person emotional distress and
general investigation. causes the individual to fear for his or her life,
Foreinsic Investigation safety, or safety of others. A stalker can be a
Evidence removed from the crime scene (i.e., former boyfriend or girlfriend, an
computer printouts, magnetic tapes) can be acquaintance, or a stranger. In order for
effective in tying the crime scene and the stalking to be a crime, there has to be two or
criminal together, forensic science plays a key more occasions of visual or physical proximity;
role non-consensual communication, either
Case Presentation in Court written or verbal; threats; or a combination of
The success or failure of a criminal any of these occasions. In the example, Carrie
prosecution depends upon the evidence has had a combination of these occasions and
presented in court, the investigators--as the is being subjected to several types of
chief resource for knowledge of the case, stalking.Types of Stalking
working papers, incident reports, and Stalking can occur in several forms. The first
exhibits--should have a thorough knowledge type of stalking is when the perpetrator
of the rules of evidence. follows an individual and watches them.
Carrie is being watched while she is walking
Stalking back to her dorm. Her stalker is using
Stalking is the act or pattern of behavior of a surveillance stalking to track and follow her.
person that causes threat and endangerment With surveillance stalking, the perpetrator is
to someone. Learn about the definition and known to sit outside the home, place of work,
types of stalking, discover the different types school, or other places that the individual
of stalkers, understand signs of stalking, and frequents. Along with surveillance stalking,
be informed about laws that deal with there is cyberstalking.
stalking. Carrie is also a victim of cyberstalking, which
is the use of electronic means, such as the
Internet or cellphones, to stalk victims.
Stalking Scenario Cyberstalking is also considered unsolicited
contact from the perpetrator to the victim. or she will continually phone the victim, write
The difference between cyberstalking and the victim letters, and can become jealous and
surveillance stalking is that surveillance violent if the victim enters into a relationship
stalking is done in a physical sense, and with someone else.
cyberstalking is done through technology and 5. Incompetent Suitor
electronic means. The perpetrator has not The incompetent suitor stalker usually has
made physical contact, so the stalking is not inadequate social skills. They want a
considered aggravated stalking. relationship with the victim but do not have
Another type of stalking is aggravated the ability to realize he or she is not meant to
stalking. Aggravated stalking occurs when the be with the victim.
perpetrator restrains the victim, causes bodily 6. Erotomania and Morbidly Infatuated
harm to the victim, or violates an order of This type of stalker feels that the victim loves
protection. Carrie has not had any of these them even though they may not have had any
happen to her, so her stalker is using contact with the victim. The stalker is usually
surveillance stalking and cyberstalking. There paranoid, prefers suitors in a higher social
are also categories that try to define each class, and will repeatedly approach the victim.
type of stalker. Not every stalker will fit into one of these
categories, and some may exhibit signs of
several of these types of stalkers. Each type of
stalker has behavior that makes them a
Types of Stalkers stalker. In Carrie's stalking case, there are
Actions define the type of stalking, but several occasions or signs of stalking that she
personalities combined with the actions can report to law enforcement.
define the type of stalker:
1. Rejected Stalker Cyberstalking
This type of stalker becomes upset when the Is the use of the Internet or other electronic
friendship or romantic relationship has ended. means to stalk or harass an individual, group,
The rejected stalker is not only self-centered or organization. It may include false
and jealous but also overdependent and accusations, defamation, slander and libel. It
persistent. may also include monitoring, identity theft,
2. Resentful Stalker threats, vandalism, solicitation for sex, doxing,
The resentful stalker feels humiliated that the or blackmail.
relationship has ended and seeks revenge Cyberstalking is often accompanied by
upon the victim. Resentful stalkers are often realtime or offline stalking. In many
irrationally paranoid and are known to jurisdictions, such as California, both are
verbally assault their victims. criminal offenses.[3] Both are motivated by a
3. Predatory Stalker desire to control, intimidate or influence a
The predatory stalker seeks power and sexual victim. A stalker may be an online stranger or
gratification. They will not make physical a person whom the target knows. They may
contact but will use surveillance to track the be anonymous and solicit involvement of
victim. other people online who do not even know
4. Intimacy Seeker the target.
The intimacy-seeking stalker seeks an intimate Cyberstalking is a criminal
and romantic relationship with the victim. offense under various state anti-
When the stalker is rejected by the victim, he
stalking, slander and harassment laws. A Online predators are people who commit
conviction can result in a restraining order, child sexual abuse that begins or takes place
probation, or criminal penalties against the on the internet.
assailant, including jail.
Cyberstalking author Alexis Moore separates How does it work?
cyberstalking from identity theft, which is
financially motivated. Her definition, which Internet-initiated sex crimes against minors
was also used by the Republic of the involve deceit and violence, and begin with
Philippines in their legal description, is as adult strangers known as internet predators
follows: communicating with children and young
Cyberstalking is a technologically-based teenagers over the internet and sometimes
"attack" on one person who has been then meeting face to face.
targeted specifically for that attack for Online predators use chat rooms, instant
reasons of anger, revenge or control. messaging, internet forums, social networking
sites, cell phones, and even video game
Cyberstalking can take many forms, including: consoles.
1. harassment, embarrassment and
humiliation of the victim Most online sex offenders are young adult
2. emptying bank accounts or other who target teens and seduce victims into
economic control such as ruining the victim's sexual relationships. They take time to
credit score develop the trust and confidence of teens, so
3. harassing family, friends and the teens see these relationships as romances
employers to isolate the victim or sexual adventures.
4. scare tactics to instill fear and more
Online predators are a very important source
State Cyberstalking and Cyber Harassment of child pornography. A longitudinal study of
Laws 341 convicted child molesters in America
found that pornography’s use correlated
States have enacted “cyberstalking” or “cyber significantly with their rate of sexually re-
harassment” laws or have laws that explicitly offending. The study says that watching child
include electronic form of communication pornography can increase recidivism risk for
within more traditional stalking or harassment all groups of child molesters.
laws. This chart identifies state laws that
include specific references to electronic How to prevent online child abuse and
communication. soliciting?
In order to prevent child abuse you should:
Child abuse and soliciting 1. Explain your children the safety rules
of the internet.
A few years ago people saw the huge 2. Keep your home computer out in the
potential of the internet for commenting open.
dishonest acts as child abuse and soliciting. 3. Set up an internet protection program
on the computers your children use.
Child abuse is the physical, sexual or 4. Tell your children not to give out
emotional maltreatment or neglect of a child passwords, even to a good friend.
or children
1970s
LESSON 6 While computer hacking continued to flourish
in the 1970s, the decade also gave way to a
The Hacker, Hacking Tactics and the Victim new type of hacker: one that toyed with
telephone systems. Dubbed “phreakers,”
The Evolution of Hacking phone hackers, such as the infamous John
Draper, exploited operational characteristics
Nowadays, the word “hacker” carries an in the telephone switching network, which
overwhelmingly negative connotation, had recently gone completely electronic.
conjuring up images of digital thieves’ intent Draper legendarily discovered that a toy
on stealing identities and letting disruptive whistle found in Cap’n Crunch cereal
viruses loose into cyberspace. produced the exact tone necessary – 2600
It wasn’t always that way. In fact, computer hertz – to indicate to long lines that a line was
hackers were originally viewed by society as ready and available to route a new call. This
technology enthusiasts who wanted nothing allowed him and other phreakers to dupe the
more than to optimize, customize and tinker. network and make free long distance calls.
It wasn’t until decades later with the birth of The phreaker subculture not only gave way to
viruses and cybercrime that traditional influential hackers like Draper but also to
hackers got lumped together with those of digital visionaries, as well. Before they went
malicious intent and the public vilification of on to found one of the most successful
hacking began. computer companies in the world, Steve
Curious as to how this evolution came to be? Wozniak and Steve Jobs were, in fact, humble
We were too, which is why we decided to go phone phreakers.
digging into the history of hacking.
1980s
1960s The 1980s was a watershed decade in the
The term “hack” did not originate from history of hacking, as it marked the
computers. Rather, it originated with MIT’s introduction of turnkey personal computers
Tech Model Railroad Club way back in 1961 to the general public. No longer limited to
when club members hacked their high-tech businesses and prestigious universities,
train sets in order to modify their functions. computers were available for everyone to use
They later moved on from toy trains to for their own purposes – whatever that may
computers, using the elusive and expensive be. Unsurprisingly, the wide availability of PCs
IBM 704’s at MIT to innovate, explore, create led to a rapid increase in hackers.
new paradigms, and try to expand the tasks It was not the only big change to occur in the
that computers could accomplish. hacking community. While there were still a
These MIT students – along with other early large number of hackers interested primarily
hackers – were interested only in exploring, in tinkering with operating systems, a new
improving and testing the limits of existing breed emerged that was more concerned
programs. In some cases, these hacks even with personal gain. Instead of using their
produced programs that were considerably technological know-how for improving
better than the pre-existing ones, as was the computers, they used it for criminal activities,
case with Dennis Ritchie’s and Keith including pirating software, creating viruses
Thompson’s UNIX operating system. and breaking into systems to steal sensitive
information.
It did not take the law long to respond. The attacks launched by malicious hackers
emergence of cyber criminals was swiftly met dominated the headlines.
in 1986 with the first legislation related to New and dangerous types of hacks emerged
hacking, the Federal Computer Fraud and that victimized government entities and
Abuse Act. prominent businesses. Microsoft, eBay,
Meanwhile, this was also the time that the Yahoo! and Amazon were among those taken
idea of hackers being digital savants capable down in massive denial-of-service attacks,
of doing both great and terrible things while the Department of Defense and
entered popular culture. A number of books International Space Station had its systems
and films were made that popularized the breached by a 15-year-old boy.
idea, mostly notably the 1983 flick War Games 2010s
in which a suburban teenager finds a The world now firmly in the digital age, the
backdoor in a military central computer and hacking community has become more
nearly starts World War III. sophisticated, complicated and complex than
ever.
1990s Lone wolf hackers and small hacking groups
Riding on the coattails of the big changes that still exist in every corner of the internet,
occurred in the 1980s, the 1990s were when either optimizing software or launching
hacking really began to achieve notoriety. The ransomware and Wi-Fi attacks depending on
term hacker was tarnished by an ever their hat. That said, it’s “hacktivist” groups,
increasing number of cybercrimes such as Anonymous, that have taken center
perpetrated by “crackers” (or malicious stage in this decade, releasing highly classified
hackers) and the high-profile arrests that documents, exposing government secrets and
followed. leading vigilante digital crusades in the name
Kevin Mitnick, Kevin Poulsen, Robert Morris of defending the public from being harmed,
and Vladimir Levin were some of the more exploited, or withheld information.
notable crackers to come out of the decade, In reaction to both hacktivists and cyber
having been arrested and convicted for the criminals, government entities and big
likes of stealing propriety software from big corporations are scrambling to improve
name corporations, duping radio stations to security while computer giants work hard to
win luxury cars, launching the first computer tweak their systems. However, while cyber
worm, and leading the first digital bank heist. security experts continue to be recruited,
The once close-knit hacking community also systems upgraded and technology innovated,
saw its breakdown in this decade. In an effort hackers-good and bad-consistently and
to crack down on computer crime, the Secret unsurprisingly stay one step ahead.
Service launched sting investigations,
conducted early morning raids and arrested a Suspects' Characteristics and Circumstances
number of hackers. Trying to avoid conviction,
members in the hacking community began to Suspects may be identified on the basis of
inform on each other in exchange for characteristics of known computer crime
immunity. perpetrators who have been interviewed in
computer abuse studies. According to the
2000s results of interviews with a small group of 100
Ethical hackers continued to see their good perpetrators, organizations will be more
name dragged in the dirt in the 2000s as vulnerable to people with the characteristics
described below and where these c. Positions of Trust in most cases,
circumstances are present. perpetrators performed their acts while
working at their jobs. One exception was an
Experienced investigators may note that these individual who, while president of an
characteristics are similar to those of the electronics supply house, posed as a
modern-day, amateur, white-collar criminal. telephone company employee to order the
Moreover, these characteristics cannot be delivery of telephone equipment through the
considered conclusive or complete because telephone company computer system.
they are identified from such a small number However, even in this case, the individual had
of interviews. Nevertheless, the to pose as an employee to obtain the
documentation of them here should provide necessary information to engage in the fraud.
the investigator with important clues to
computer crime suspects. When investigating a potential loss,
anticipate that the vulnerabilities identified
a. Age. Anticipate that perpetrators will will usually result in the most qualified
be young. Younger people in data processing person(s) taking advantage of them. If a crime
occupations tend to have received their involves computer programs, anticipate that
education in colleges and universities where the suspects may be the computer
attacking computer systems has become programmers and experienced
common and is sometimes condoned as an microcomputer users who have access to and
educational activity. Unlike older employees, knowledge of the computer programs or
younger ones have often not yet been through those programs to the assets found
assimilated into the professional work to be missing. If the vulnerability discovered is
environment and identified with their in the data entry function, then anticipate
employer. This loyalty issue is becoming more that suspects may be among the data entry
serious as companies increase their use of clerks.
temporary, contract workers in technical
positions. Next consider all other technical and
operational functions where vulnerabilities
b. Skills and Knowledge, anticipate that may arise. Computer programmers are not
suspects could be among the most skilled and likely to go into the foreign environment of
higher performing technologists. One of the the data entry section to engage in
greatest vulnerabilities in an organization unauthorized technical acts, but managers
comes from workers who are overqualified for can often cross organizational lines. Neither
the work that they are doing. An abundance will data entry clerks be likely to attempt to
of bright, highly motivated technologists enter modify or introduce computer programs into
the computer field and find themselves placed a computer to engage in criminal acts unless
in routine jobs requiring low levels of skill they are in collusion with others. They will
(e.g., programmers engaged in the detailed most often limit their activities to their own
work that leaves little room for innovation work areas that they know best, and usually
and recognition). These people become easily they know that particular area better than
frustrated and look for other, possibly illegal anyone else.
ways of using their skills, knowledge, and
energy. d. Assistance Perpetrators, have been
found to need assistance in many known
computer crimes, whereas ordinary white- competing service bureaus to gain access to
collar crime, embezzlement for example, the other company's computer system to play
involved a low degree of collusion according games, investigate the level of use, or obtain
to a study of bank frauds and embezzlements. the identity of customers and the type of
Collusion seems to occur regularly, primarily work they were doing. This type of
because computer crime requires more vulnerability makes it important for the
knowledge and access than one individual investigator to interview the associates of
usually possesses. Collusion often involves a possible suspects to determine the degree of
technologist who can perform the technical differential association that could lead to
part of the act and another individual outside information about some of the more innocent
the computer system who can convert the acts or pranks engaged in that might have led
technical act into irreversible gain. In one to the more serious alleged crime.
case, the computer programmer in a large
organization wrote a computer program and f. Robin Hood Syndrome. Most of the
executed production runs to calculate football computer crime perpetrators interviewed
pool betting odds for an organized crime ring exhibited the Robin Hood Syndrome. They
operating a large number of football betting differentiate strongly between harming
parlors. The computer programmer was being people, which is highly immoral within their
paid an additional $50 a week and did not standards, and harming organizations, which
know the ultimate purpose of the reports he they condone.
was producing for his brother-in-law, an
intermediary between him and the football In addition, they rationalize that they are only
betting conspiracy. harming a computer or the contents of the
computer and thus not harming or causing
e. Differential Association. The any loss to people or organizations. This
differential association syndrome is the white- characteristic is probably common among all
collar criminals' tendency to deviate in only types of amateur whitecollar criminals and
small ways from the accepted practices of may not be unique to computer criminals.
their associates. This vulnerability stems from However, it may be more pronounced in this
groups of people working together and case because of the role the computer can
mutually encouraging and stimulating one play in strengthening the rationalization
another to engage in unauthorized acts that process. Interviews with computer crime
escalate into serious crimes. The competitive perpetrators revealed that they would
nature of technologists in the computer field, become quite disturbed if the interviewer
and their often elitist attitudes, can result in a even implied, let alone directly accused them
one-upmanship competition in performing of causing individually identifiable people to
pranks. The 1973 Ward vs. California case suffer losses. A New York City bank embezzler,
involved the theft of a computer program who engaged in a fraud in his position as head
from the memory of a competing service teller, indicated that he never took more than
bureau computer over telephone lines from a $20,000 from anyone savings account
batch terminal in the perpetrator's service because he knew it was insured to $20,000.
bureau. A programmer from the victimized Thus, the loss was suffered by the insurance
firm admitted on the witness stand in the companies and not by his individual
associated civil trial that it was common customers.
practice for programmers in both of the
g. Game Playing and Hacking. The The term hacker has historically been a
vulnerability of game playing is based on the divisive one, sometimes being used as a term
concept that some computer technologists of admiration for individuals who exhibit a
and users believe that using an idle computer high degree of skill and creativity in their
does no harm and that they have a right to approach to technical problems. However, the
use it for personal purposes for challenging term is also commonly applied to individuals
intellectual exercise. All but one of the who use this skill for illegal or unethical
computer crime perpetrators interviewed purposes.
indicated that the attraction and challenge of
thinking of their computer crime as a gan1e Hacker was first used in the 1960s to describe
played a significant part in motivating them to a programmer or an individual who, in an era
continue in their fraudulent activities. of highly constrained computer capabilities,
Computer technologists, especially hackers, could increase the efficiency of computer
tend to be the type of people who like mental code in a way that removed, or hacked, excess
challenges and complex game playing. machine code instructions from a program. It
Suspects believe that they have the right to has evolved over the years to refer to
play games in computers because they have someone with an advanced understanding of
the unique capabilities to do so (the hacker computers, networking, programming or
syndrome). Hackers are defined to be hardware.
compulsive, dedicated programmers intent on
exploring the intricacies of computers and on Hackers use technical skills to exploit
attempting to make them fail. Hacking was cybersecurity defenses. Ethical hackers test
considered for cybersecurity vulnerabilities and may take
up hacking as a profession, for example, a
Who is a Hacker? penetration tester (pen tester) or as a hobby.
In the computer security context, a hacker is The end goal is often to gain unauthorized
someone who seeks and exploits weaknesses access to computers, networks, computing
in a computer system or a computer network. systems, mobile devices or internet of things
The term hacker is reclaimed by computer systems. Many professional hackers use their
programmers who argue that someone skills to determine security holes in enterprise
breaking into computers is better called a systems and then advise where companies
cracker. should boost their security defenses to keep
threat actors out.
Hacker
Results can also be deleterious: Malicious
An individual who uses computer, networking hackers may steal login credentials, financial
or other skills to overcome a technical information and other types of sensitive
problem. The term also may refer to anyone information.
who uses their abilities to gain unauthorized
access to systems or networks in order to Many hackers aim to exploit either technical
commit crimes. A hacker may, for example, or social weaknesses to breach defenses.
steal information to hurt people via identity Technical weaknesses may include
theft or bring down a system and, often, hold vulnerabilities in software or other exploitable
it hostage in order to collect a ransom. weak spots. To exploit social weaknesses,
hackers may attempt to manipulate social
outcomes through false pretenses, such as unauthorized access to network resources
impersonating a co-worker or other individual with malicious intent.
to gain financial or login information. Hackers
may also use their technical skills to install
dangerous malware, steal or destroy data, or Types of Hackers
disrupt an organization's services. In the past, the security community informally
used references to hat color as a way to
Hackers of all types participate in forums to identify different types of hackers, usually
exchange hacking information and tradecraft. divided into five main types. A few of these
There are numerous hacker forums where terms have been replaced to reflect cultural
ethical hackers can discuss or ask questions changes.
about hacking. Many of these hacker forums 1. White hat
offer technical guides with stepby-step 2. Black hat
instructions on hacking. In contrast, forums 3. Gray hat
and marketplaces serving threat actors or 4. Red hat
criminal hackers are often hosted on the dark 5. Blue hat
web and provide an outlet for offering,
trading and soliciting illegal hacking services. White hat hackers
Criminal hackers, who sometimes lack Also known as ethical hackers or authorized
technical skills, often use scripts and other hackers, strive to operate in the public's best
specifically designed software programs to interest, rather than to create turmoil. Many
break into corporate networks. This software white hat hackers work doing penetration
may manipulate network data to gather testing, hired to attempt to break into the
intelligence about the workings of the target company's networks to find and report on
system. These scripts can be found posted on security vulnerabilities. The security firms
the internet for anyone, usually entry-level then help their customers mitigate security
hackers, to use. Hackers with limited skills are issues before criminal hackers can exploit
sometimes called script kiddies, referring to them.
their need to use malicious scripts and their
inability to create their own code. Advanced Black hat hackers
malicious hackers might study these scripts Also known as Threat actors or unauthorized
and then modify them to develop new hackers, intentionally gain unauthorized
methods. access to networks and systems with
malicious intent. This includes stealing data,
Hacker Vs. Cracker spreading malware or profiting from
ransomware, vandalizing or otherwise
Hacker is a general term that has historically damaging systems, often in an attempt to gain
been used to describe a computer notoriety. Threat actors are criminals by
programming expert. More recently, this term definition because they violate laws against
is often used in a negative way to describe an accessing systems without authorization, but
individual that attempts to gain unauthorized they may also engage in other illegal activity,
access to network resources with malicious including corporate espionage, identity theft
intent. While Cracker is a more accurate term and distributed denial-of-service (DDoS)
to describe someone who tries to gain attacks.
access to email and social media accounts are
Black hat hackers are criminals by definition classified as blue hats.
because they violate laws against accessing Green Hat Hackers
systems without authorization, but they may Green hat hackers are types of hackers who’re
also engage in other illegal activity, including learning the ropes of hacking. They are slightly
identity theft and distributed denial-of-service different from the Script Kiddies due to their
attacks. intention. The intent is to strive and learn to
become full-fledged hackers. They are looking
Gray hat hackers for opportunities to learn from experienced
Fall somewhere between white hat hackers hackers.
and black hat hackers. While their motives
may be similar to those of white hat hackers, Script kiddies
gray hats are more likely than white hat An amateur, inexperienced hackers who
hackers to access systems without attempt to use pre-written scripts in their
authorization; at the same time, they are hacking efforts. Often, these are fledgling
more likely than black hat hackers to avoid hacking enthusiasts who cause little damage.
doing unnecessary damage to the systems
they hack. Although they aren't typically or Hacktivists
only motivated by money. Organizations of hackers that use cyber-
attacks to affect politically motivated change.
Gray hat hackers may offer to fix The purpose is to bring public attention to
vulnerabilities they have discovered through something the hacktivist believes might be a
their own, unauthorized, activities rather than violation of ethics or human rights. Hacktivism
using their knowledge to exploit attacks may attempt to reveal evidence of
vulnerabilities for illegal profit. wrongdoing by publicizing private
communications, images or information.
Red hat hackers Hacktivism, according to information security
Also called eagle-eyed or vigilante hackers, researcher Dorothy Denning, is "the marriage
are similar to ethical hackers. Red hat hackers of hacking and activism." More precisely, it is
intend to stop unethical attacks by threat the use of computer technology to achieve a
actors. While red hat hackers may have a political agenda through legally ambiguous
similar intent to ethical hackers, they differ in means. Acts of hacktivism generally obstruct
methodology, as red hat hackers may use normal computer activity in some way, and
illegal or extreme courses of action. Often, red does not cause injury or significant monetary
hat hackers will deploy cyber-attacks toward loss.
the systems of threat actors.
Hacktivism is Activism
Hacktivism's main goal is to bring issues to
Blue hat hackers light and cause social change. It can also be
Also known as vengeful hackers, use hacking considered activism because it achieves these
as a social weapon. Frequently, it is used as a goals in a relatively peaceful manner.
means for revenge against a person, employer Hacktivism is Hacking
or other organization. Hackers who post Hacktivism relies on many properties of the
personal and confidential data online to ruin internet, allowing people to use different
reputations or attempt to gain unauthorized methods than they would offline. Because of
the scalability of the internet, even small hacktivism in which the objective is to cause
groups of people are able to make statements more permanent damage.
through hacktivism. Hacktivism also relies on
the internet being relatively difficult to censor Hacktivist groups
and mostly anonymous. Many hacktivist groups keep a low profile. The
following are among the more wellknown
Boundaries of Hacktivism organizations.
The following diagram bounds hacktivism in
four ways, showing the limits of what can be Cult of the Dead Cow
considered hacktivism. Each of the boundaries This group, also known as cDc
is discussed below. Communications, was founded in 1984 as a
hacking collective and media organization. Its
Hacktivism vs. Civil Disobedience original stated goal was "global domination
through media saturation," but it eventually
The online vs. offline distinction is the most evolved a more political focus on human
obvious boundary for hacktivism. A physical rights and the free flow of information. In the
sit-in cannot qualify as hacktivism because it mid to late 1990s, the group focused on
does not depend on the internet in some way. combating human rights abuses in China.
During this initiative, a member of the group
Hacktivism vs. Hacking who went by the name Omega coined the
term hacktivism when communicating with
While some acts of hacking might have a Chinese hacktivists via a group email.
political motive, hacking in general cannot be CDc spun off two other hacktivist groups:
considered hacktivism. Hacking is often Ninja Strike Force, founded in 1996, and
performed for fun or profit, and neither of Hacktivismo, formed in 1999. Hacktivismo
these motives relate to activism. focused on creating anti-censorship
technology. It took a unique stand against
Hacktivism vs. Online Activism using DoS attacks, saying it viewed disabling
websites as counter to the principle of free
Hacktivism also must include a hacking speech online. Hacktivismo also published a
component. Standard online activism, such as code of conduct for civil disobedience online,
online petitions, form a boundary for what entitled the "Hacktivismo Declaration," in
can be considered hacktivism. Hacktivism is which it said it would challenge state-
bounded by this type of conventional activism sponsored censorship of the internet. CDc and
on one side, and violent activism on the other. Hacktivismo are credited with putting a
positive spin on the term hacker.
Hacktivism vs. Cyberterrorism
It is important to distinguish between LESSON 7
hacktivism and cyberterrorism, which,
according to Denning, "covers politically Cybercrime Laws in the Philippines
motivated hacking operations intended to Republic Act No. 10175 - An Act Defining
cause grave harm such as loss of life or severe Cybercrime, Providing for The Prevention,
economic damage." In other words, Investigation, Suppression and The Imposition
cyberterrorism is a more severe form of of Penalties Therefor and for Other Purposes
This Act shall be known as the "Cybercrime (c) Communication refers to the
Prevention Act of 2012″. transmission of information through ICT
media, including voice, video and other forms
In the Declaration Policy stated that: of data.
The State recognizes the vital role of (d) Computer refers to an electronic,
information and communications industries magnetic, optical, electrochemical, or other
such as content production, data processing or communications device, or
telecommunications, broadcasting electronic grouping of such devices, capable of
commerce, and data processing, in the performing logical, arithmetic, routing, or
nation’s overall social and economic storage functions and which includes any
development; storage facility or equipment or
The State also recognizes the importance of communications facility or equipment directly
providing an environment conducive to the related to or operating in conjunction with
development, acceleration, and rational such device. It covers any type of computer
application and exploitation of information device including devices with data processing
and communications technology (ICT) to capabilities like mobile phones, smart phones,
attain free, easy, and intelligible access to computer networks and other devices
exchange and/or delivery of information; and connected to the internet.
the need to protect and safeguard the (e) Computer data refers to any
integrity of computer, computer and representation of facts, information, or
communications systems, networks, and concepts in a form suitable for processing in a
databases, and the confidentiality, integrity, computer system including a program suitable
and availability of information and data stored to cause a computer system to perform a
therein, from all forms of misuse, abuse, and function and includes electronic documents
illegal access by making punishable under the and/or electronic data messages whether
law such conduct or conducts. stored in local computer systems or online.
In this light, the State shall adopt sufficient (f) Computer program refers to a set of
powers to effectively prevent and combat instructions executed by the computer to
such offenses by facilitating their detection, achieve intended results.
investigation, and prosecution at both the (g) Computer system refers to any device
domestic and international levels, and by or group of interconnected or related devices,
providing arrangements for fast and reliable one or more of which, pursuant to a program,
international cooperation. performs automated processing of data. It
covers any type of device with data processing
For purposes of this Act, the following terms capabilities including, but not limited to,
are hereby defined as follows: computers and mobile phones. The device
(a) Access refers to the instruction, consisting of hardware and software may
communication with, storing data in, include input, output and storage
retrieving data from, or otherwise making use components which may stand alone or be
of any resources of a computer system or connected in a network or other similar
communication network. devices. It also includes computer data
(b) Alteration refers to the modification storage devices or media.
or change, in form or substance, of an existing (h) Without right refers to either: (i)
computer data or program. conduct undertaken without or in excess of
authority; or (ii) conduct not covered by
established legal defenses, excuses, court communication service or users of such
orders, justifications, or relevant principles service.
under the law. (o) Subscriber’s information refers to any
(i) Cyber refers to a computer or a information contained in the form of
computer network, the electronic medium in computer data or any other form that is held
which online communication takes place. by a service provider, relating to subscribers
(j) Critical infrastructure refers to the of its services other than traffic or content
computer systems, and/or networks, whether data and by which identity can be established:
physical or virtual, and/or the computer (1) The type of communication service
programs, computer data and/or traffic data used, the technical provisions taken thereto
so vital to this country that the incapacity or and the period of service;
destruction of or interference with such (2) The subscriber’s identity, postal or
system and assets would have a debilitating geographic address, telephone and other
impact on security, national or economic access numbers, any assigned network
security, national public health and safety, or address, billing and payment information,
any combination of those matters. available on the basis of the service
(k) Cybersecurity refers to the collection agreement or arrangement; and
of tools, policies, risk management (3) Any other available information on
approaches, actions, training, best practices, the site of the installation of communication
assurance and technologies that can be used equipment, available on the basis of the
to protect the cyber environment and service agreement or arrangement.
organization and user’s assets. (p) Traffic data or non-content data refers
(l) Database refers to a representation of to any computer data other than the content
information, knowledge, facts, concepts, or of the communication including, but not
instructions which are being prepared, limited to, the communication’s origin,
processed or stored or have been prepared, destination, route, time, date, size, duration,
processed or stored in a formalized manner or type of underlying service.
and which are intended for use in a computer
system. PUNISHABLE ACTS of the Cybercrime
(m) Interception refers to listening to, Offenses.
recording, monitoring or surveillance of the The following acts constitute the offense of
content of communications, including cybercrime punishable under Chapter II
procuring of the content of data, either Section 4 of this Act:
directly, through access and use of a A. Offenses against the confidentiality,
computer system or indirectly, through the integrity and availability of computer data and
use of electronic eavesdropping or tapping systems:
devices, at the same time that the 1. Illegal Access. – The access to the
communication is occurring. (n) Service whole or any part of a computer system
provider refers to: without right.
(1) Any public or private entity that
provides to users of its service the ability to 2. Illegal Interception. – The interception
communicate by means of a computer made by technical means without right of any
system; and non-public transmission of computer data to,
(2) Any other entity that processes or from, or within a computer system including
stores computer data on behalf of such
electromagnetic emissions from a computer (i) Similar, identical, or confusingly
system carrying such computer data. similar to an existing trademark registered
with the appropriate government agency at
3. Data Interference. — The intentional the time of the domain name registration:
or reckless alteration, damaging, deletion or (ii) Identical or in any way similar with
deterioration of computer data, electronic the name of a person other than the
document, or electronic data message, registrant, in case of a personal name; and
without right, including the introduction or (iii) Acquired without right or with
transmission of viruses. intellectual property interests in it.
2. Any person found guilty of any of the 5. Any person found guilty of any of the
punishable acts under Section 4(a)(5) punishable acts under Section 4(c)(3)
C. Content-related Offenses:
Sections 4(a). Offenses against the (3) Unsolicited Commercial
confidentiality, integrity and availability of Communications.
computer data and systems: • shall be punished with imprisonment
(5) Misuse of Devices. of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not
• Shall be punished with imprisonment exceeding Two hundred fifty thousand pesos
of prision mayor or a fine of not more than (PhP250,000.00) or both.
Five hundred thousand pesos
(PhP500,000.00) or both. 6. Any person found guilty of any of the
punishable acts under Section 5
• If punishable acts in Section 4(a) are Section 5. Other Offences
committed against critical infrastructure, the (a) Aiding or Abetting in the Commission
penalty of reclusion temporal or a fine of at of Cybercrime
least Five hundred thousand pesos (b) Attempt in the Commission of
(PhP500,000.00) up to maximum amount Cybercrime
commensurate to the damage incurred or
both, shall be imposed. • shall be punished with imprisonment
one (1) degree lower than that of the
3. Any person found guilty of any of the prescribed penalty for the offense or a fine of
punishable acts under Section 4(c)(1) at least One hundred thousand pesos
C. Content-related Offenses: (PhPl00,000.00) but not exceeding Five
(1) Cybersex hundred thousand pesos (PhP500,000.00) or
both.
• shall be punished with imprisonment
of prision mayor or a fine of at least Two 7. Section 9. Corporate Liability.
hundred thousand pesos (PhP200,000.00) but When any of the punishable acts herein
not exceeding One million pesos defined are knowingly committed on behalf of
(PhP1,000,000.00) or both. or for the benefit of a juridical person, by a
natural person acting either individually or as To ensure that the technical nature of
part of an organ of the juridical person, who cybercrime and its prevention is given focus
has a leading position within, based on: and considering the procedures involved for
(a) a power of representation of the international cooperation, law enforcement
juridical person provided the act committed authorities specifically the computer or
falls within the scope of such authority; technology crime divisions or units
(b) an authority to take decisions on responsible for the investigation of
behalf of the juridical person: Provided, That cybercrimes are required to submit timely and
the act committed falls within the scope of regular reports including pre-operation, post-
such authority; or operation and investigation results and such
(c) an authority to exercise control within other documents as may be required to the
the juridical person, the juridical person shall Department of Justice (DOJ) for review and
be held liable for a fine equivalent to at least monitoring.
double the fines imposable in Section 7 up to
a maximum of Ten million pesos Real-Time Collection of Traffic Data
(PhP10,000,000.00). Law enforcement authorities, with due cause,
If the commission of any of the punishable shall be authorized to collect or record by
acts herein defined was made possible due to technical or electronic means traffic data in
the lack of supervision or control by a natural real-time associated with specified
person referred to and described in the communications transmitted by means of a
preceding paragraph, for the benefit of that computer system.
juridical person by a natural person acting Traffic data refer only to the communication’s
under its authority, the juridical person shall origin, destination, route, time, date, size,
be held liable for a fine equivalent to at least duration, or type of underlying service, but
double the fines imposable in Section 7 up to not content, nor identities.
a maximum of Five million pesos All other data to be collected or seized or
(PhP5,000,000.00). disclosed will require a court warrant.
The liability imposed on the juridical person Service providers are required to cooperate
shall be without prejudice to the criminal and assist law enforcement authorities in the
liability of the natural person who has collection or recording of the above-stated
committed the offense. information.
The court warrant required under this section
ENFORCEMENT AND IMPLEMENTATION shall only be issued or granted upon written
Law Enforcement Authorities application and the examination under oath
The National Bureau of Investigation (NBI) or affirmation of the applicant and the
and the Philippine National Police (PNP) shall witnesses he may produce and the showing:
be responsible for the efficient and effective (1) that there are reasonable grounds to
law enforcement of the provisions of this Act. believe that any of the crimes enumerated
The NBI and the PNP shall organize a hereinabove has been committed, or is being
cybercrime unit or center manned by special committed, or is about to be committed:
investigators to exclusively handle cases (2) that there are reasonable grounds to
involving violations of R.A. 10175. believe that evidence that will be obtained is
essential to the conviction of any person for,
Duties of Law Enforcement Authorities or to the solution of, or to the prevention of,
any such crimes; and
(3) that there are no other means readily Within the time period specified in the
available for obtaining such evidence. warrant, to conduct interception, as defined
Preservation of Computer Data in this Act, and:
The integrity of traffic data and subscriber 1. To secure a computer system or a
information relating to communication computer data storage medium;
services provided by a service provider shall 2. To make and retain a copy of those
be preserved for a minimum period of six (6) computer data secured;
months from the date of the transaction. 3. To maintain the integrity of the
Content data shall be similarly preserved for relevant stored computer data;
six (6) months from the date of receipt of the 4. To conduct forensic analysis or
order from law enforcement authorities examination of the computer data storage
requiring its preservation. medium; and
Law enforcement authorities may order a 5. To render inaccessible or remove
one-time extension for another six (6) those computer data in the accessed
months: Provided, that once computer data computer or computer and communications
preserved, transmitted or stored by a service network.
provider is used as evidence in a case, the Pursuant thereof, the law enforcement
mere furnishing to such service provider of authorities may order any person who has
the transmittal document to the Office of the knowledge about the functioning of the
Prosecutor shall be deemed a notification to computer system and the measures to protect
preserve the computer data until the and preserve the computer data therein to
termination of the case. provide, as is reasonable, the necessary
The service provider ordered to preserve information, to enable the undertaking of the
computer data shall keep confidential the search, seizure and examination.
order and its compliance. Law enforcement authorities may request for
an extension of time to complete the
Disclosure of Computer Data examination of the computer data storage
Law enforcement authorities, upon securing a medium and to make a return thereon but in
court warrant, shall issue an order requiring no case for a period longer than thirty (30)
any person or service provider to disclose or days from date of approval by the court.
submit subscriber’s information, traffic data Custody of Computer Data
or relevant data in his/its possession or All computer data, including content and
control within seventy-two (72) hours from traffic data, examined under a proper warrant
receipt of the order in relation to a valid shall, within forty-eight (48) hours after the
complaint officially docketed and assigned for expiration of the period fixed therein, be
investigation and the disclosure is necessary deposited with the court in a sealed package,
and relevant for the purpose of investigation. and shall be accompanied by an affidavit of
Search, Seizure and Examination of Computer the law enforcement authority executing it
Data stating the dates and times covered by the
Where a search and seizure warrant is examination, and the law enforcement
properly issued, the law enforcement authority who may access the deposit, among
authorities shall likewise have the following other relevant data. The law enforcement
powers and duties. authority shall also certify that no duplicates
or copies of the whole or any part thereof
have been made, or if made, that all such
duplicates or copies are included in the commission. Jurisdiction shall lie if any of the
package deposited with the court. The elements was committed within the
package so deposited shall not be opened, or Philippines or committed with the use of any
the recordings replayed, or used in evidence, computer system wholly or partly situated in
or then contents revealed, except upon order the country, or when by such commission any
of the court, which shall not be granted damage is caused to a natural or juridical
except upon motion, with due notice and person who, at the time the offense was
opportunity to be heard to the person or committed, was in the Philippines.
persons whose conversation or There shall be designated special cybercrime
communications have been recorded. courts manned by specially trained judges to
Destruction of Computer Data handle cybercrime cases.
Upon expiration of the periods as provided in General Principles Relating to International
Sections 13 and 15, service providers and law Cooperation
enforcement authorities, as the case may be, All relevant international instruments on
shall immediately and completely destroy the international cooperation in criminal matters,
computer data subject of a preservation and arrangements agreed on the basis of uniform
examination. or reciprocal legislation, and domestic laws, to
Exclusionary Rule the widest extent possible for the purposes of
Any evidence procured without a valid investigations or proceedings concerning
warrant or beyond the authority of the same criminal offenses related to computer systems
shall be inadmissible for any proceeding and data, or for the collection of evidence in
before any court or tribunal. electronic form of a criminal, offense shall be
given full force and effect.
Restricting or Blocking Access to Computer
Data
When a computer data is prima facie found to
be in violation of the provisions of this Act,
the DOJ shall issue an order to restrict or COMPETENT AUTHORITIES
block access to such computer data.
Department of Justice (DOJ)
Noncompliance There is hereby created an Office of
Failure to comply with the provisions of Cybercrime (OCC) within the DOJ
Chapter IV hereof specifically the orders from designated as the central authority in all
law enforcement authorities shall be punished matters related to international mutual
as a violation of Presidential Decree No. 1829 assistance and extradition.
with imprisonment of prision correctional in
its maximum period or a fine of One hundred Cybercrime Investigation and Coordinating
thousand pesos (Php100,000.00) or both, for Center
each and every noncompliance with an order There is hereby created, within thirty (30)
issued by law enforcement authorities. days from the effectivity of this Act, an
Jurisdiction interagency body to be known as the
The Regional Trial Court shall have jurisdiction Cybercrime Investigation and Coordinating
over any violation of the provisions of this Act. Center (CICC), under the administrative
including any violation committed by a Filipino supervision of the Office of the President, for
national regardless of the place of policy coordination among concerned
agencies and for the formulation and 5. To coordinate the support and
enforcement of the national cybersecurity participation of the business sector, local
plan. government units and nongovernment
Composition. organizations in cybercrime prevention
1. Executive Director of the Information programs and other related projects;
and Communications Technology Office under
the Department of Science and Technology 6. To recommend the enactment of
(ICTO-DOST) as appropriate laws, issuances, measures and
Chairperson with the policies;
2. Director of the NBI as Vice
Chairperson 7. To call upon any government agency
Members to render assistance in the accomplishment of
1. The Chief of the PNP; the CICC’s mandated tasks and functions; and
2. Head of the DOJ Office of Cybercrime;
and 8. To perform all other matters related
3. One (1) representative from the to cybercrime prevention and suppression,
private sector and academe. including capacity building and such other
The CICC shall be manned by a secretariat of functions and duties as may be necessary for
selected existing personnel and the proper implementation of this Act.
representatives from the different
participating agencies. Jurisprudence
Disini v. Secretary of Justice, G.R. No.
Powers and Functions 203335, February 11, 2014
The CICC shall have the following Garcillano v. HOR Committee on
powers and functions: Public Information, G.R. No. 170338,
1. To formulate a national cybersecurity December 23, 2008
plan and extend immediate assistance for the Nuez v. Cruz-Apao, A.M. No. CA-05-
suppression of real-time commission of 18-P, April 12, 2005
cybercrime offenses through a computer Bartolome v. Maranan, A.M. No. P-11-
emergency response team (CERT); 2979, November 18, 2014
MCC Industrial v. Ssangyong, G.R. No.
2. To coordinate the preparation of 170633, October 17, 2007
appropriate and effective measures to NAPOCOR v. Codilla, G.R. No. 170491,
prevent and suppress cybercrime activities as April 04, 2007
provided for in this Act; People v. Enojas, G.R. No. 204894,
March 10, 2014
3. To monitor cybercrime cases being Nogales v. People, G.R. No. 191080,
bandied by participating law enforcement and November 21, 2011
prosecution agencies; Aznar v. Citibank, G.R. No. 164273,
March 28, 2007
4. To facilitate international cooperation Capalla v. COMELEC, G.R. No. 201112,
on intelligence, investigations, training and June 13, 2012
capacity building related to cybercrime Vinzons-Chato v. HOR Electoral
prevention, suppression and prosecution; Tribunal, G.R. No. 204637, April 16, 2013
Maliksi v. COMELEC
, G.R. No. 203302, April 11, 2013