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Transnational Crimes: The Philippine Perspective

Presented by

Engineer Roy P Correo, MPA

Police Superintendent

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increased phenomena of crimes transcending international borders and transgressing laws of several states

increased phenomena of crimes transcending international borders and transgressing laws of several states

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• United Nations Convention on Transnational Organized Crime (UNCTOC)

• ASEAN Convention on Transnational Crime.

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Order of Presentation

I. FIREARMS SMUGGLINGII. TRAFFICKING IN PERSONSIII. MONEY LAUNDERINGIV. TERRORISM

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Domestic Production of Firearms• “Paltik” – locally manufactured gun

• Licensed “paltik” manufacturers:

- Danao Arms Corporation (DAMCOR)

- Workers League of Danao Multi-Purpose Cooperative (WORLD-PMC)

• Unregistered "paltik" manufacturers concentrated in the island of Cebu particularly in Danao City, MandaueCity and other neighboring towns contribute to the number of loose firearms now circulating in the country

• “Paltik” – locally manufactured gun

• Licensed “paltik” manufacturers:

- Danao Arms Corporation (DAMCOR)

- Workers League of Danao Multi-Purpose Cooperative (WORLD-PMC)

• Unregistered "paltik" manufacturers concentrated in the island of Cebu particularly in Danao City, MandaueCity and other neighboring towns contribute to the number of loose firearms now circulating in the country

• DAMCOR• WORLD-MPC

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Current Situation

A total of 3,300 firearm-related

crime incidents were

committed from January to

December 2007 or an average

of 14 crimes a day

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Current Situation

0

1000

2000

3000

4000

5000 Jan-Dec 2006Jan-Dec 2007

decrease of about 26%

4,84

63,

573

Crimes Using Firearms

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Factors That Contributed to Firearms Smuggling

The presence of insurgent groups:• New People’s Army• Moro Islamic Liberation Front • Misuari Break-Away Group • Abu Sayyaf Group

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•undeclared or misdeclared items•mixed with or commingled with metal items or machinery parts legally imported or exported

•door-to-door deliveries of packages•brought in by ‘balikbayans’ boxes• ‘backdoor’ means• thrown from vessels at prearranged areas and later picked up by small boats and brought to undisclosed places

Modus OperandiModus Operandi

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Current Situation• December 2007: around 189,000 loose firearms

(LFAs) were reportedly kept for use in future unlawful activities and use by private armed groups to undermine their rivals in political and economic endeavors

• Some of these LFAs are also in the hands of local dissidents in the country.

• Firearms are likewise lost during “Agaw ArmasOperations” (Firearms Snatching) by insurgents in order to acquire firearms for their future operations.

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Presidential Decree 1866

• Firearms Law of the Philippines as amended by the Republic Act Number 8294,

• Increases the penalty for Firearms-related Crimes

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Other Developments• With the implementation of EO 171, a total of

8,941 loose firearms were registered from 2003 to 2004.

• This program was extended through EO 390 dated September 2004, making the Firearms Amnesty Program (FAP) last until September 2005.

• In December 2006, PGMA signed EO 585 also to grant amnesty on loose firearms to allow those who failed to take advantage of EO 171 to catch up.

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15

4 6

0

8

36

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4 3 3

57

40

33

2 41

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15

1

11

2 10

10

20

30

40

50

60

2003 2004 2005 2006 2007

Pending PreliminaryInvestigation

Filed inCourt/Pending Trial

Dismissed

Dropped/Withdrawn

Conviction

Filed Under OtherLaws

In 2003 to 2005, there was a rising trend on trafficking in persons

In 2006 and 2007 cases of TIP declined

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The amplified efforts of the government to prevent and deal with this problem caused the decline of trafficking in persons cases in 2006 and 2007.

The Philippines was finally removed from the US Watch List and was placed in the Tier 2 category – for countries making significant efforts to combat severe forms of trafficking in persons

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• Creation of special task force and designation of special prosecutors in all provincial and city prosecution offices to handle trafficking cases

• Institutionalization of “Women and Children’s Desks” to specifically take care of needs and concerns of women and children as victims of crimes

Law Enforcement

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• 2005: 9 persons were convicted

• 2006-7: 88 cases have been filed33 cases are pending resolution15 dismissed1 special case1 under re-investigation

38 are on-going trial

• 2005: 9 persons were convicted

• 2006-7: 88 cases have been filed33 cases are pending resolution15 dismissed1 special case1 under re-investigation

38 are on-going trial

Accomplishments

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• 224 repatriated from 15 countries

• 380 victims assisted by the DSWD

- 270 women; 110 children

• 56 suspects were arrested; 137 victims were rescued

• 224 repatriated from 15 countries

• 380 victims assisted by the DSWD

- 270 women; 110 children

• 56 suspects were arrested; 137 victims were rescued

Accomplishments

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In the Philippines, there are no exact estimates as to the extent of the money laundering problem.

MONEY LAUNDERINGMONEY LAUNDERINGMONEY LAUNDERING

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A rise of CTRs and STRs being filed by CIs:• 404 reports in 2003• 2,368 in 2004 • 4,237 in 2006• 7,099 as of 2007

The abrupt increase in STRs and CTRs was due to AMLC Resolution # 317 in December 2003 requiring all the covered institutions to report diligently to avoid sanctions.

A rise of CTRs and STRs being filed by CIs:• 404 reports in 2003• 2,368 in 2004 • 4,237 in 2006• 7,099 as of 2007

The abrupt increase in STRs and CTRs was due to AMLC Resolution # 317 in December 2003 requiring all the covered institutions to report diligently to avoid sanctions.

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• 2001: enactment of Republic Act 9160 known as the Anti-Money Laundering Act (AMLA) of 2001 as Amended by RA 9194• Created the Anti-Money Laundering Council (AMLC) • 2004: The AMLC completed the first phase of its IT upgrades

– allowed AMLC to electronically receive, store, and search CTRs and STRs filed by CIs

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• A cumulative amount of 1.2 billion pesos or roughly twenty six (26) million US dollar have been frozen

• Some amounts were returned to investors/victims of pyramid scams and families of the kidnap for ransom victims

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• June 2004: the Philippines won its first civil forfeiture case related to money laundering offense

• May 2006: first money laundering conviction for violation of RA 9160 as amended by RA 9194

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• From 91 cases in 2006, cases have been brought down to 65 cases at present - unlawful activity (1), - estafa (28), - Security Regulation Code (SRC) violation (2), - Graft and corruption (2), - civil forfeiture cases (18); - petitions for extension of freeze order (8); - applications for bank inquiry (5); - applications for freeze order (1)

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• 23 cases are being tried before different Philippine courts while 10 cases are under preliminary investigation before the DOJ

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• February 2005: the country was removed from FATF’s NCCT list

• June 2005: the Philippines became a member of the Egmont Group

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• As of December 2007, the Philippines has received and taken appropriate action to 172 international requests for assistance

• 51 Resolutions were issued by the AMLC, directing all CIs to report transactions and assets of groups/individuals included in the list of the UNSC, the US and other foreign governments

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Terrorism has continuously posed a threat to peace and order in the region….

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Terrorist violence inflicted upon the innocent has constantly challenged the government’s capability to combat terrorism…

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The danger in this is the fear, confusion and insecurity created by these terrorist acts may generate action that will alienate the government from the community or the public…

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OSAMA BIN

LADEN

OSAMA OSAMA BIN BIN

LADENLADEN

2005: a range of terrorist related incidents were executed by Al-Qaeda and Jemaah Islamiyah (JI) networks by employing acts such as kidnappings, bombings, assassinations and attacks against both civilian and military targets…..

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Various forms of linkages ranging from training to funding and existence of support systems between ASG and MILF have been reported…

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Primary aim: to overthrow the government through protracted guerrilla warfare

Involved in extortion activities under the guise of revolutionary taxes against civilian facilities and establishments.

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• provides for the elements of the crime

• criminalized acts

• tools that empower law enforcement agencies to fight terrorism

* 62 sections

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Acts of Terrorism Conspiracy to commit terrorism Accessory Financing of Terrorism

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Arrest and DetentionSurveillanceProscription of Organization Investigation of Terrorist FinancingAnti-Terrorism Council

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...continue to enhance their security postures against terrorists, pre-

empting their plans from maturing into acts of

terrorism.

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...resulted in the various apprehension and

neutralization of top suspected terrorist

personalities

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However, despite stringent measures and vigilance among the law

enforcement community and the Philippine military, terrorists still

found ways to execute their evil deeds as evidenced by the bombings that occurred in the past year up to the

present.

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The threats posed by transnational crimes can be viewed in three interrelated categories:

(1) threats to the security and well-being of peoples in the region

(2) threats to the region’s financial stability

(3) threats to regional security and stability.

The threats posed by transnational crimes can be viewed in three interrelated categories:

(1) threats to the security and well-being of peoples in the region

(2) threats to the region’s financial stability

(3) threats to regional security and stability.

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The Philippine Government will continue to prioritize intensifying

relations with other nations, promoting cooperation, strengthening its ties to

tighten security measures at its points of entry/exit and improving information

and intelligence exchange.

The Philippine Government will continue to prioritize intensifying

relations with other nations, promoting cooperation, strengthening its ties to

tighten security measures at its points of entry/exit and improving information

and intelligence exchange.

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Thank You and Good Day !

Thank You and Good Day !

M A B U H A Y !M A B U H A Y !