Long Quiz (Midterm) (2nd Sem)

These are offenses whose inception, prevention and/or direct or indirect effects involved more than one country.

It is a statement under oath of the complainant sayihg that he/she is no longer interested in pursuing a conplaint or criminal case against another person

Under Section 18 of RA 10364, trafficked victims are entitled to the Witness Protection and Benefits Program established under RA 6981.
Trafficked persons who will testify or are testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted to the Program.

What is called the "mutilating of pinky finger"

It is a continuing illegal activity of group of persons which is primarily concerned with the generation of profits, irrespective of national boundaries as a result of globalization.

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

is a crime perpetuated by organized criminal group which the aim of committing one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits committed through crossing of borders or jurisdictions.

Shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing or more serious crimes or offenses established in accordance with this convention, in order to obtain directly or indirectly, a financial or material benefit

Transnational Organized Crime it declared that an offense is transnational if it:

Different kinds of Transnational Crime

What are the several motives why transnational crime is committed

Defined as the recruitment, transport, transfer, harboring or receipt of a person by such means as threat or use of force or other forms of coercion, abduction, fraud or deception for the purpose of exploitation.

It’s been called the “modern day slavery”.

Human Trafficking is also called what?

It is an illegal act and is considered a violation of human rights and inimical to human dignity and national development

three (3) inter-related and interdependent elements of human trafficking that must be present?

It involves the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons, with or without the victim’s consent or knowledge, within or across national borders

It is committed by use of threat, or of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person

It is done for the purpose of exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, involuntary servitude or the removal or sale of organs.

What are the Commonly Identified Form of Human Trafficking?

What is RA 9208

“an act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations and for other purposes"

This Act shall be known as the "Expanded Anti-Trafficking in Persons Act of 2012″.

refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders

refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.

refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration

refers to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work or service extracted from any person under the menace of penalty.

refers to the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.

refers to a condition of enforced and compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did not enter into or continue in such condition, he or she or another person would suffer serious harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion including depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of the legal process.

refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists.

This includes sexual services and practices offered during rest and recreation periods for members of the military

refers to participation by a person in prostitution, pornography or the production of pornography, in exchange for money, profit or any other consideration or where the participation is caused or facilitated by any means of intimidation or threat, use of force, or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of position or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the consent of a person having control over another person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this Act.

refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.

refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

Categories of trafficking in persons

What is the penalty of acts of trafficking in person

In RA 10364 also known as Expanded Anti-Trafficking in Persons act of 2012, what they insert there?

What do you call the "Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section 4 of this Act shall constitute"

Whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts. It also inserted

Whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices

What are the following manners in accessories

Penalty of Acts that Promote Trafficking in Persons

Penalty of Qualified Trafficking in person

What rule is the "Any person who has personal knowledge of the commission of any offense under this Act, such as the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking."

What rule is the "Cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by the victims or their parents or legal guardians. Public and private prosecutors are directed to oppose and manifest objections to motions for dismissal."

What republic act no. is the cybercrime

What RA is the Anti Mail order bride law act of 1990

What RA is the Data Privacy Act of 2012

Penalty of RA 9208 or Anti Trafficking in Person act of 2003?

It is the body mandated by law to coordinate and monitor the implementation of Republic Act No. 9208, or the Anti-Trafficking in Persons Act of 2003, with the Department of justice as the lead agency.

It was formed under section 20 of R.A. 9208

They conducts many different projects geared towards the elimination of trafficking in persons in the Philippines, prevention of the occurrence of trafficking, the protection and rehabilitation of victims and conviction of trafficking offenders.

Inter-Agency Council Against Trafficking is composed of ?

Following members of Inter-Agency Council Against Trafficking

Enumerate the famous organized Criminal Group

Code of Silence about criminal activity of refusal to give evidence to authorities

Taking advantage to someone where in you are gaining something to them

What country is the number 1 source of prostitution

It is a children conceived by prostitution

elements of Exrtra Territorial Jurisdiction in cases of human trafficking

What protections are given to trafficked persons?

Trafficked persons are recognized as victims of trafficking and shall not be penalized for crimes directly related to the acts of trafficking or in obedience to the order made by the trafficker. The consent of the victim to the intended exploitation is already irrelevant.

Trafficked persons shall be provided with free legal services which shall include information about the victim’s rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person.

• Law enforcement officers, prosecutors, judges, court personnel, social workers and medical practitioners as well as parties to the case, shall protect the right to privacy of the trafficked persons at any stage of the investigation, rescue, prosecution and trial. The name and personal circumstances of the trafficked person or any other information tending to establish the identity of the trafficked person and his or her family shall not be disclosed to the public.

It is Characterized by facilitating, for a fee, the illegal entry of a person into a foreign country

It is Characterized by facilitating entry of one person from one country to another through an unauthorized or unlicensed agency

It is Characterized by subsequent exploitation after the illegal entry of one person from one place to another or one country to another

any act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.

any group practicing or has significant subgroups that practice terrorism.

This describes indigenous ethnic groups who have long lived in a province, but want to separate from their host nation and start their own country.

The 1960s and 1970s also saw the emergence of a new type of nationalism called what?

in what year War on Drugs was launched by the United States

Terrorism Classified by Place

by residents of a country within that country

by representatives of a country against another country

extremism and revolution for its own sake

by a government against its own people or in support of international terrorism against another government

conflict that spills over into another country or fought on foreign soil

Terrorism Classified by Issue

aims to replace the existing government by drawing out repressive responses which can be exposed as inhumane

heavily armed groups tending to be focused around supremacy, government intrusion, or religious revisionism

promotes the interests of a minority or religious group that has been persecuted under majority rule

Modes of Attack and Tactics

in which the terrorists drive a vehicle by in what amounts to a hit-and-run maneuver

which is a standard platoon-level military maneuver drawing the enemy into a line of fire

which is a back-against-the-wall maneuver, usually with an escape plan

which usually involve a combination of modes of attack, but are intended primarily to have a large impact

The modes of attack, or weapon systems

when makeshift or ordinary weapons are used

when weapons of mass destruction, such as nuclear, chemical, or biological, are used

when viruses, computer attacks, or destruction of information infrastructure occur

when flooding a market with drugs is used

A. Characteristics of Terrorists

Middle class to upperclass backgrounds, some extremely wealthy.

they have higher than average education; often average or higher intelligence; and usually have a secular education.

B. Types of Targets

a person or thing that is relatively unprotected or vulnerable; hard to defend against attack i.e. highly accessible and generally great in number.

a structure that has been fortified against attack i.e. limited accessible and generally few in numbers.

Example of Hard Targets

It is an area of relative security exploited by terrorists to indoctrinate, recruit, train, and regroup, as well as prepare and support their operations. The most intractable safe havens worldwide are near international boarders or are in regions where ineffective governance allows their presence.

It is an Arabic for “The Base” was founded by Osama bin Laden to continue the Jihad internationally.

Where is the headquarter of al qaeda

otherwise known as “ Human Security Act of 2007”

Terrorism as “ Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

The members of the Council in anti terrorism

It is also known as Anti Money Laundering act of 2001

Prominent Terrorist Groups in other countries

Terrorist Group in the Philippines

is committed by any person who, knowing that any monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity:

is the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.

Some Techniques Used by Drug Traders When Crossing Borders

is a group of organized and professional criminals with a formal hierarchy of organization set in illicit drug trade

it is otherwise known as “DRUG CARTEL”

• The world’s largest market for illegal drugs.

 The most heavily abused drugs

 The most heavily abused drugs (3)

 The cause of the fastest-growing drug problem in the United States

The Federal Agency responsible for controlling the spread of illegal drugs in the United States and abroad.

Created through Republic Act No. 9165 “Comprehensive Dangerous Drugs Act of 2002” under the Dangerous Drugs Board

It is under the Office of the President

Considered as a “hot spot” in relation to the drug trade.

leading producer of opium poppy

manufactures opium and heroin

It is possibly one of the most well-known types of cybercrime

It is any type of illegal activity that takes place via digital means

one of the most common types of cybercrime

Two Distinct Categories of Cybercrime

Common forms of cybercrime

A virus with the vision of creating a program that is capable of stealing passwords in computers, ultimately to have free access to the internet

Who created ILOVEYOU VIRUS

"Child Pornography Refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or
simulated explicit sexual activities.

formerly known as the "Anti-Cyberboso Bill” aims to protect the dignity and privacy of all Filipinos and guarantees full respect for human rights. "As Filipinos, it is our obligation to look after our fellowmen. This bill is one way of protecting our kababayans legistativey.

Penalty of "ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009"

it refers to any product of the human intellect that is deemed unique and potentially valuable in the marketplace, including an idea, invention, literary creation, unique name, business method, industrial process, chemical formula, and computer program

"intellectual property rights” consists of:

It is a legal term used to describe exclusive rights granted to authors, artists and other creators for their creations. The IP Code extends legal protection in the form of copyright to the owner of the rights of an original work, such as art, music, writing, movies, and software and other works listed in Section 172 of the IP Code.

also known as "Letter Patents" in the Philippines

defined as rights granted to an inventor of a technical solution of a problem in any field of human activity

confers its owner the exclusive right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing the patented product

It is any composition of shape, lines, colors, or a combination thereof, or any three-dimensional form, whether or not associated with shape, lines, or colors, which produce an aesthetic and ornamental effect in their tout ensemble or when taken as a whole

It must be any new or original creation relating to the ornamental features of shape, configuration, form, or combination thereof, of an article of manufacture, whether or not associated with lines, patterns or colours, which impart an aesthetic and pleasing appearance to the article

industrial design registration is valid for a period of how many years?

is any visible sign capable of distinguishing the goods (trade mark) or services (service mark) of an enterprise and can include a stamped or marked container of goods.

is defined as a plan or process, tool, mechanism or compound known only to its owner and those of his employees to whom it is necessary to confide it.

It can be protected indefinitely as long as the secret is commercially valuable, its value derives from the fact that it is secret, and the owner take reasonable precautions to maintain its secrecy.

It is a Major environmental problems includes pollution, illegal mining and logging, deforestation, dynamite fishing, landslide, coastal erosion, wildlife extinction, global warming and climate change.

Is an offense involving overt acts or omissions, which prejudice the interest of the state, its government, or the political system.

It is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources.

is committed by any person who, knowing that any monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity:

is also committed by any covered person who, knowing that a covered or suspicious transaction is required under this Act to be reported to the Anti-Money Laundering Council (AMLC), fails to do so."

AN ACT AMENDING REPUBLIC ACT NO. 9160,

AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9194 and 9160

This refers to banks, non-banks, quasi-banks, trust entities, foreign exchange dealers, pawnshops, money changers, remittance and transfer companies and other similar entities and all other persons and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas

It is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one (1) banking day.”

refers to(1) coins or currency of legal tender of the Philippines, or of any other country; (2) drafts, checks and notes; (3) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute instruments, trading orders, transaction tickets and confirmations of sale or investments and money market instruments; and (4) other similar instruments where title thereto passes to another by endorsement, assignment or delivery.

refers to any act or omission or series or combination thereof involving or having direct relation

is hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as Chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission, as members.

Money Laundering Process

The physical disposal of cash proceeds derived from the unlawful activity

The aim is to remove cash from the location of acquisition to avoid detection.

Separating illicit proceeds from their source by creating complex layers of financial transactions designed to disguise the source of money, subvert the audit trail and provide anonymity.

The purpose is to disassociate the illicit proceeds from the unlawful activity by creating intentionally a complex web of financial transactions aimed at concealing any audit trail as well as the source and ownership of funds.

The final stage in the process at which the money is integrated into legitimate economic and financial systems and is assimilated with all the other assets in the system.