what are the laws published by current administration of the philippines?

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1. Guest1265
   

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       I. Introduction
   
   Despite the gains achieved in the area of law enforcement, the problem on organized crime has persisted. This is mainly because of the fact the while our law enforcement agencies have taken strides in advancing their techniques in crime investigation, detection and control, criminals have likewise skillfully organized themselves to keep up with the pace. Moreover, with the vast amount of resources at their disposal, organized crime groups (OCGs) have “procured” the best “brains” and acquire the most sophisticated and advanced technology to serve their illicit ends, giving them pronounced advantage over legitimate institutions to include even governments and their law enforcement agencies.
   
   This report intends to provide information on organized crime in the Philippines and shall cover the following: organized crime under Philippine laws, current definition of OCG being used by the Philippine National Police, organized crime groups, organized crime situation, and the government initiatives and counter-measures.
   II. Organizwd Crime under Philippine Laws
   
   The Philippines has specific criminal laws that deal squarely with specific crimes. These laws can be found in our Revised Penal Code and Special Penal Laws passed by the Congress of the Philippines. There is, however, no law that defines organized crime. Organized crime, therefore, is not regarded as a crime per se, l ikewise, an individual can not be regarded as a criminal by mere association with an OCG.
   
   In the absence of specific law in the Philippines against organized crime, the provision in the Revised Penal Code on conspiracy may find application. Conspiracy is not a felony per se but only a manner of incurring criminal liability. Article 8 of the Revised Penal Code states that: “ A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.” Thus, conspirators share equal criminal liabilities regardless of their levels of participation.
   
   However, under Philippine Special Laws, there are crimes like Illegal recruitment, Trafficking in Persons and Estafa, which are punishable when committed by a syndicate. It becomes a syndicate when carried out by a group of three or more persons conspiring or confederating with one another.
   
   It has been said the common denominator among OCGs is the objective to acquire “dirty money” through their illicit activities. Thus, denying the OCGs to enjoy the fruits of their criminal act can serve as effective deterrence to these groups. Along this line of argument, the Anti-Money Laundering Act (AMLA) or Republic Act (RA) 9160 was enacted in 2001, and amended by RA 9194. Among others, the AMLA criminalizes money laundering and provides for the penalties therefore, and the freezing and forfeiture of assets.
   III. Definition of Organized Crime Group
   
   The international law enforcement community has yet to find a universally accepted definition for OCG. In the United Nations Convention against Transnational Organized Crime, organized crime group is characterized as a “structured group of three or more persons existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offenses established pursuant to this Convention, in order to obtain, directly, or indirectly, a financial or other material benefit.” On the other hand, based on the definition adopted by Philippine law enforcement agencies, organized crime group is a profit motivated and highly capable group of persons or an enterprise organized to undertake widespread, regular or long term, large scale, high profile and diversified criminal activities that has high- impact on the economy and national security . The latter definition, in effect, covers wider range of groups and may include terrorist groups that threaten the security of the state. Nevertheless, a common denominator exists among these groups as can be deduced from the various definitions, - that is their common objective to acquire “dirty money” through a premeditated criminal act or acts.
   IV. Organized Crime Groups
   
   The known traditional OCGs such as the Mafia, Yakuza and the Triads have evolved through centuries into highly cohesive groups that are rich in traditions of discipline, loyalty and rigid adherence to the “family” hierarchy. Compared to their counterparts, the Filipino OCGs are relatively new. While they may have acquired the sophistication in the conduct of criminal activities and operations of the traditional ones, OCGs in the Philippines have yet to adopt, if ever, a more rigid and pronounced organizational structure. In a way, this less defined structure results in obscurity, thereby providing safeguards for the identities of members and leaders of the OCG.
   
   Filipino OCGs are engaged in, among others, drug trafficking, kidnapping-for-ransom (KFR), carnapping, robbery/hold-up, prostitution, illegal gambling and smuggling . The following are profiles of selected examples of OCGs in the Philippines:
   
   •  Francisco Group which is formerly the Dragon or the Kuratong Baleleng Group, now led by Manuel Francisco, with 66 members armed with assorted type of high powered firearms and operates in the cities of Cagayan De Oro, Pagadian and Dipolog, and other neighboring cities and municipalities in the Mindanao (in southern Philippines), Cebu in Visayas (in Central Philippines), and Metro Manila in Luzon (in northern Philippines). The group is engaged in robbery/hold-up, carnapping, illegal drugs trafficking, and smuggling of rice and sugar.
   
   •  Pentagon Group headed by Tahir Alonto with around 168 armed members, engaged primarily in KFR and operates in Mindanao. This group is a creation of the Moro Islamic Liberation Front (MILF). It was organized not only to generate funds for the latter through illegal means but also insulate the MILF from accusations that its members are involved in purely criminal acts. Its leader, Tahir Alonto is the former planning and operations office of the BIAF and the nephew of MILF's Chairman Al Haj Murad. Relatedly, there are other members of the group who are listed as members of the MILF.
   
   •  Lexus Group , a carnapping group with around 37 members operating in NCR, and Regions 3 and 4, all in Luzon.
   
   •  Rex “Wacky” Salud Group with 30 members operating in Cebu, engaged in illegal gambling and the Vicviv Yu Group with 16 members operating in Central Visayas and also engaged in illegal gambling.
   
   V. Organized Crime Situation
   
   Statistics show that a there are a number of organized criminal activities in the Philippines. The following will present the current crime situation on four of the more prevalent activities:
   
   •  Drugs Trafficking
   
   Shabu in the Philippines mainly comes from Southern China particularly from Guandong and Fujian. Previously, “ephedra” or “ephedrine” is processed in China and smuggled in the Philippine as shabu. However, the discovery of a big clandestine shabu laboratory in Cagayan in norther Luzon in 1999 showed that the drug syndicates have also started processing ephedrine into shabu right in the Philippines. Intensified campaign against illegal drugs resulted in more discoveries of shabu laboratories even in the National Capital Region.
   
   Seizures of illegal drugs in 2003 increased, from an estimated street value of Php 5.3B in 2002 to Php22.82B This is due mainly to the continuous dismantling of clandestine laboratories in the country and confiscation of precursors and essential chemicals used in the manufacturing of illegal drugs. Sustained coordination and cooperation with foreign counterparts also contributed significantly to the success of Philippine government campaign against illegal drugs.
   
   •  Kidnap-for-Ransom (KFR)
   
   KFR groups have displayed a higher level of sophistication in their operations. Extensive research and planning are conducted prior to their operations. Vital data and information are obtained including inside information about net worth and liquidity of assets of prospective victims, usually Filipino-Chinese nationals, and his family.
   
   Perpetrators of kidnapping have some peculiar operational style that distinguishes one group from the other. Some groups prefer fast negotiations with less ransom money involve while others have the patience and sophistication for prolonged negotiations for a bigger ransom. Kidnapping operations generally involve the following stages: spotting, surveillance, risk analysis and target selection, abduction of victim, negotiation for ransom demand and collection of ransom.
   
   •  Robbery/hold-up
   
   As of October 2003, there are 45 bank robbery incidents recorded nationwide, or one (1) incident per week, with the perpetrators carting a total loot of around PhP44.8 million. Compared to similar period in 2002, bank robbery incidents increased by 13 percent. Metro Manila or NCR registered the highest with 20 recorded incidents. Operations conducted against these groups resulted in the arrest of 18 persons, to include 12 members of the Kuratong Baleleng Group who were responsible in the series of bank robberies in Metro Manila.
   
   Bank robbery groups are considered as the most organized among the crime groups. They are usually composed of hardened criminals and/or personalities of tested daring capabilities. Members are trained to follow and executed minute details of a well-planned operation. Usually, all members are heavily armed and ready to forcibly douse any opposition.
   
   The robbery group initially places the target bank under a thorough casing and surveillance, week or even months in advance. The peak and lean hours in the bank; the time of relief of security personnel; expected resistance; individual characteristic, traits and weaknesses of every personnel; estimated cash in teller's booth and inside the safe; and detailed sketch of the whole bank premises are observed and studied. In case of armored vans, the group closely observes the time and route of movements of the vehicle.
   
   Usually, the bank robbers stage the heist wearing bonnets and usually utilize Asian utility vehicles during their operation. The group in most cases uses two sets of vehicles, one being used on their way to the bank while another will be used as their get-away vehicle.
   
   •  Carnapping
   
   Carnapping activities are on a decreasing trend in the year 2003. A total of 1,968 carnapping incidents were recorded up to October last year, or decrease of 25 percent compared with similar period of 2002. Metro Manila still accounted for the highest number of recorded incidents.
   
   Most of the vehicles were carnapped in parking lots, residential areas and middle class subdivisions. Car theft usually occurred between 2 o'clock and 4 o'clock in the morning due to following reasons: inadequate police visibility, street parking opportunity, natural advantage during nighttime for criminal elements, and lack of appropriate security measures in residential areas. These vehicles were later either sold after acquiring falsified documents or dismantled and sold as used parts. Some stolen vehicles were forcibly taken, usually by OCGs who would eventually abandon them after completing one criminal operation.
   
   Carnappers have adopted various tricks in plying their trade. A carnapping gang is usually made up of four to five members with defined areas of responsibility. The group has their own financier to bankroll their activities, a skilled forger who is adept at falsifying the signatures of the owner of the stolen vehicle and officials from the Land Transportation Office.
   VI. Initiatives and Countermeasures
   
   The Philippine Government regards the menace posed by organized crime as one of the major obstacles in country's quest for peace and progress. In her July 2002 State of the Nation Address, Philippine President Gloria Macapagal Arroyo vowed to “build a strong republic” by enhancing peace and order. She went on to promise that drug lords would be considered “enemies of the state.” Following the President's announcement, National Security Advisor Roilo Golez declared the drug menace as “Public Enemy No. 1 of the entire Filipino people.”
   
   Recognizing the need to further strengthen existing laws governing Philippine drug law enforcement system, President Arroyo signed into law on June 7, 2002 Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002. This law defines more concrete courses of action for the national anti-drug campaign and imposes heavier penalties to offenders. It also includes the creation of the Philippine Drug Enforcement Agency (PDEA), patterned after the US Drug Enforcement Agency.
   
   Later on June 18, 2003, the President also issued Executive Order (EO) No 218 to strengthen the support mechanism for the Philippine Drug Enforcement Agency. The President recognized the urgent need to pursue a forceful, intensive and unrelenting campaign against drug trafficking and the use of illegal drug whether syndicated or street level. The EO also provides for the creation of a task force to support PDEA in their campaign against illegal drugs.
   
   The newly created Anti-Illegal Drugs-Special Operation Task Force (AIDS-SOTF), composed of different agencies, came up with Twelve-Point Priority Program of Action to implement EO No 218 that would create a big impact on the national drug situation and reaffirm the will of government to solve the illegal drug problems.
   
   On December 26, 2003, combined elements of the PNP AID-SOTF and the Bureau of Immigrations arrested the suspected leader of transnational drug syndicate behind the operations of shabu factories in the country. The suspect identified as William Gan @ Willy Gan @ James Go Ong , 34 - year old Chinese national was arrested by virtue of a Mission Order issued by Immigration Commissioner Andrea Domingo for violation of Philippine Immigration Act of 1940 as amended, in front of the San Lorenzo Church in Binondo, Manila, together with his live-in partner identified as Jia Shuxin, 34 years old and also a Chinese national. Gan is also reported to be the owner of the shabu laboratories which were dismantled by the authorities in Valenzuela and Pasig City, both in Metro Manila last November 11and December 4, 2003, respectively.
   
   Also, to further ensure the effectiveness of the government's drive against kidnapping and illegal drugs, President Gloria Macapagal Arroyo on July 12, 2002 organized the Police Anti-Crime Emergency Response (PACER) unit. The unit adopted the cohesive military-style tactics to go after kidnappers and drug dealers including their financial and support network.
   
   To add more teeth to the government anti-kidnapping campaign, the President on October 13, 2003, created the National Anti-Kidnapping Task Force (NAKTF) to lead a national, integrated, comprehensive and synchronized effort to reduce, if not eliminate kidnapping in the country. The Department of the Interior and Local Government, the Department of National Defense, the Department of Justice and the Department of Transportation and Communications play key roles in this multi-agency force. The task force employs a three-pronged approach to combat kidnapping in the country. This includes deterrence by sending clear signal of punishment to kidnap syndicates, relentless crackdown of kidnappers and participation of the citizenry in the campaign against kidnapping.
   
   Among the initial successes of the NAKTAF is the neutralization of Kidnap for ransom group leader Roberto Obeles Yap, a doctor by profession, together with three (3) others on November 20, 2003 during a combined operations with the PNP in Dinalupihan, Bataan. Three (3) other suspects were also arrested. Recovered from their possession were assorted firearms.
   
   In response to the resurgence of bank robberies and carnapping, the Philippine National Police operationalized the Anti-Bank Robbery Special Operations Task Force and the Task Force Limbas, respectively. This was complemented by the intensification of the conduct of traffic patrol operations and the establishment of the checkpoints and chokepoints to constrict possible avenues for criminal elements.
   
   While the government intensifies its campaign against criminality, organized crime groups diversify and evolve to transnational crime groups with area of operations transcending national boundaries. Thus, it is recognized that the need to expand and strengthen cooperation and coordination with foreign counterparts becomes imperative.
   
   On January 15,1999, the Philippine Center on Transnational Crime (PCTC) was created by virtue of Executive Order No. 62. PCTC is mandated to formulate and integrate a concerted program of action of all law enforcement, intelligence and other agencies for the prevention and control of transnational crime. Its functions, among others are: to establish a shared central date
   Through the years, the PCTC has become the focal point for cooperation and coordination with foreign counterparts on transnational crime issue. In addition, it has been designated as the Secretariat, INTERPOL National Central Bureau, Manila and as the Philippine Communication c*m Liaison Center as called for in some multilateral and bilateral agreements.

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