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This document outlines various local and international laws related to transnational crimes in the Philippines. It lists executive orders and republic acts that define and establish regulations and frameworks for crimes such as graft and corruption, bio piracy, environmental laws, intellectual property rights, trafficking in firearms, persons, drugs, and money laundering. It also provides information on draft bills, national plans of action, conferences, papers published by the Philippine Center on Transnational Crime (PCTC), modus operandi, and related domestic and international organization links. Executive Order 62 created the PCTC to coordinate law enforcement efforts against transnational crime.
Descrizione originale:
Research on Local and International Laws
Titolo originale
Local and International Laws Related to Transnational Crimes
This document outlines various local and international laws related to transnational crimes in the Philippines. It lists executive orders and republic acts that define and establish regulations and frameworks for crimes such as graft and corruption, bio piracy, environmental laws, intellectual property rights, trafficking in firearms, persons, drugs, and money laundering. It also provides information on draft bills, national plans of action, conferences, papers published by the Philippine Center on Transnational Crime (PCTC), modus operandi, and related domestic and international organization links. Executive Order 62 created the PCTC to coordinate law enforcement efforts against transnational crime.
This document outlines various local and international laws related to transnational crimes in the Philippines. It lists executive orders and republic acts that define and establish regulations and frameworks for crimes such as graft and corruption, bio piracy, environmental laws, intellectual property rights, trafficking in firearms, persons, drugs, and money laundering. It also provides information on draft bills, national plans of action, conferences, papers published by the Philippine Center on Transnational Crime (PCTC), modus operandi, and related domestic and international organization links. Executive Order 62 created the PCTC to coordinate law enforcement efforts against transnational crime.
LOCAL AND INTERNATIONAL LAWS RELATED TO TRANSNATIONAL CRIMES
Anti Graft and Corruption
EXECUTIVE ORDER NO. 151 Creating A Presidential Commission To Investigate Administrative Complaints Involving Graft And Corruption
REPUBLIC ACT NO. 7080 AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER Bio Piracy EXECUTIVE ORDER NO. 247 Prescribing Guidelines and Establishing a Regulatory Framework for the Prospecting of Biological and Genetic Resources, they're by Product and Derivatives, for Scientific and Commercial Purposes; and for other Purposes
EXECUTIVE ORDER NO. 247 GUIDELINES AND ESTABLISHING A REGULATORY FRAMEWORK FOR THE PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES
REPUBLIC ACT 6969 AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES.
Laws Pertaining to Environmental Concern
REPUBLIC ACT NO. 9174 AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES EXECUTIVE ORDER NO. 192 ORDER PROVIDING FOR REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT,ENERGY AND NATURAL RESOURCES. Intellectual Property Rights EXECUTIVE ORDER NO. 60 Creating the Inter-Agency Committee on Intellectual Property Rights REPUBLIC ACT NO. 8293 AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND PROPERTY OFFICE.
Trafficking in Firearms BASICS Basic Firearms Laws, Rules and Regulation Trafficking in Persons EXECUTIVE ORDER NO. 220 Creating an Executive Council to Suppress Trafficking in Persons, Particularly Women and Children Drug Trafficking REPUBLIC ACT NO. 6425 THE DANGEROUS DRUGS ACT OF 1972 Money Laundering REPUBLIC ACT NO. 9160 AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES Bank Laws REPUBLIC ACT NO. 1405 AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY BANKING INSTITUTION AND PROVIDING PENALTY THEREFOR.
REPUBLIC ACT NO. 6426 AN ACT INSTITUTING A FOREIGN CURRENCY DEPOSIT SYSTEM IN THE PHILIPPINES.
REPUBLIC ACT NO. 7653 ARTICLE I. CREATION, RESPONSIBILITIES AND CORPORATE POWERS OF THE BANGKO SENTRAL
REPUBLIC ACT NO. 8791 AN ACT PROVIDING FOR THE REGULATION OF THE ORGANIZATION AND OPERATIONS OF BANKS
Related Executive Orders EXECUTIVE ORDER NO. 8 Creating a Presidential Anti-Organized Crime Commission and a Presidential Anti-Organized Crime Task Force to Investigate and Prosecute Criminal Elements in the Country EXECUTIVE ORDER NO. 61 Creating the National Drug Law Enforcement and Prevention Coordinating Center to Orchestrate Effort of National Government Units, and Non-Government Organization for a more Effective Anti-Drug Campaign EXECUTIVE ORDER NO. 62 Creating the Philippine Center on Transnational Crime to Formulate and Implement a Concerted Program of Action of all Law Enforcement, Intelligence and Control of Transnational Crime. EXECUTIVE ORDER NO. 100 Strengthening the Operational, Administrative and Information Support System of the Philippine Center on Transnational Crime EXECUTIVE ORDER NO. 101 Providing the Immediate Organization and Operationalization of the Interim Internal Affairs Service (IAS) of the Philippine National Police EXECUTIVE ORDER NO. 295 Amending Executive Order No. 8 Creating a Presidential Anti-Organized Crime Commission, to Investigate and Prosecute Criminal Elements in the country EXECUTIVE ORDER NO. 459 Providing for the Guidelines in the Negotiation of International Agreements and its Ratification
REPUBLIC ACT NO. 4200 AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY.
REPUBLIC ACT NO. 6235 AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES.
REPUBLIC ACT NO. 6770 AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION
REPUBLIC ACT NO. 6955 AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO FOREIGN NATIONALS.
REPUBLIC ACT NO. 7042 AN ACT TO PROMOTE FOREIGN INVESTMENTS, PRESCRIBE THE PROCEDURES FOR REGISTERING ENTERPRISES.
REPUBLIC ACT NO. 7157 AN ACT REVISING REPUBLIC ACT NO. 708, AS AMENDED
REPUBLIC ACT NO. 7658 AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND PRIVATE
REPUBLIC ACT NO. 7659 AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES
REPUBLIC ACT NO. 8042 AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT
REPUBLIC ACT NO. 8043 AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN.
REPUBLIC ACT NO. 8197 AN ACT TO FURTHER LIBERALIZE FOREIGN INVESTMENTS, AMENDING FOR
REPUBLIC ACT NO. 8239 Philippine Passport Act of 1996
REPUBLIC ACT NO. 8294 AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866
REPUBLIC ACT NO. 8484 AN ACT REGULATING THE ISSUANCE AND USE OF ACCESS DEVICES, PROHIBITING FRAUDULENT ACTS
REPUBLIC ACT NO. 8792 THE E-COMMERCE LAW
REPUBLIC ACT NO. 8799 THE SECURITIES REGULATION CODE
REPUBLIC ACT NO. 9105 AN ACT DEFINING THE CRIME OF ART FORGERY, PROVIDING PENALTIES.
RULES OF ELECTRONIC EVIDENCE
RULES OF FOREIGN INVESTMENTS Draft Bills AN ACT CREATING THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME ANTI - CYBERCRIME LAW PROCEEDS OF CRIME ACT National Conference on Transnational Crimes
Foreword Proposed National Plan of Action in Combating Computer/Cyber Crimes Strategic Action Plan to Strenthen Public Awareness and Enforcement of Intellectual Property Rights National Plan of Action to Combat Money Laundering National Action Plan on Preventing and Suppressing Acts of Piracy and Armed Robbery Against Ships National Plan of Action in Combatting Smuggling of Firearms National Plan of Action in Combatting Terrorism National Plan of Action to Combat Trafficking of Illegal Drugs National Plan of Action to Combat Trafficking in Persons 18 TH Interpol Asean Regional Conference Project Pacific 1 st Working Group Meeting
PCTC Papers on Different Areas of Concern Graft & Corruption Drug Trafficking Money Laundering Terrorism Trafficking in Firearms Trafficking in Persons Transnational Crime Updates The Worldwide Drug Situation Technical Issues in Regional and Global Cooperation against Organized Crime Strategic Intelligence is many things to many people and many organization Transnational Crime: A Threat to International Peace and Security Cyber Crimes and Cyber Terrorism Role of the Philippine in International and Regional Cooperation Effort on Drug Trafficking Re Engineering the Investigation Framework on International Terrorism Transnational Crime Update and the National and Regional Responses Situation Report on Trafficking in Persons in the Philippines People Smuggling Targeting Workshop The Philippine Disaster Management System Organized Crime in the Philippines Terrorism and Counter-Terrorism in Asia Kidnapping in the Philippines International Criminal Police Cooperation INTERPOL (ICPO-INTERPOL) Modus Operandi PCTC Mail System
Local Links Department of Foreign Affairs (DFA) Department of the Interior and Local Government (DILG) Department of Trade and Industries (DTI) Philippine National Police (PNP) Philippine Port Authority (PPA) National Police Commission (NAPOLCOM) Department of Justice (DOJ) National Bureau of Investigation (NBI) National Law Enforcement Coordinating Committee (NALECC) National Disaster Coordination Councel (NDCC) Armed Forces of the Philippines (AFP) Philippine Drug Enforcement Agency (PDEA) Dangerous Drugs Board National Security Council (NSC) Department of National Defense (DND) Bureau of Jail Management & Penology (BJMP) Bureau of Immigration (BI) Bureau of Customs (BOC) Bureau of Quarantine and International Health Surveillance Protected Areas and Wildlife Bureau Official Philippine Government Web Portal
International Links Institute of Counter Terrorism (ICT) Central Intelligence Agency Department of Homeland Security Internet Fraud Complaint Center Metropolitan Police Service (Scotland Yard) INTERPOL United Nations U.S. Department of Justice (DOJ) Federal Bureau of Investigation (FBI) Drug Enforcement Administration (DEA) Immigration and Naturalization Service (INS)
-------------------------------- -------------------------------- -------- Contact Information: Philippine Center on Transnational Crime 2nd Flr, PNP Computer Service Bldg. Camp Crame, Quezon City 1111 Philippines Telephone: (632)724-2362, (632)723-0401 to 20, loc 4295 & 4395 Fax: (632)724-8775 E-Mail: center@pctc.gov.ph
.Visit the following resources from ChanRobles Virtual Law Library ,
Philippine Laws POLITICAL & INTERNATIONAL LAW Constitutional Law, Election Code and Related Laws, Local Government Code, Administrative Code. . TAXATION LAW National Internal Revenue Code, Tax Update, Code Search, Tariff and Customs Laws. . LEGAL ETHICS & PRACTICAL EXERCISES LABOR LAW Labor Code, Implementing Rules of the Labor Code, SSS, GSIS, PAG- IBIG,National Health Insurance Law,Paternity Leave. . MERCANTILE /COMMERCIAL LAW Negotiable Instruments Law,Insurance Code, Retail Trade Liberalization Act of 2000. . REPOSITORY OF LAWS, STATUTES AND CODES Disqualification of Judicial Officers (Rule 137), Attorneys and Admission to Bar (Rule 138), Law Student Practice Rule (Rule 138- A),Disbarment and Discipline of Attorneys (Rule 139-B).
Republic Acts, Presidential Decrees,Mga Batas Pambansa, Commonwealth Acts, Acts, Executive Orders. Republic of the Philippines MALACAANG MANILA BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 62 CREATING THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME TO FORMULATE AND IMPLEMENT A CONCERTED PROGRAM OF ACTION OF ALL LAW ENFORCEMENT, INTELLIGENCE AND CONTROL OF TRANSNATIONAL CRIME WHEREAS, organized transnational crime, such as illicit trafficking of narcotic drugs and psychotropic substance, money laundering, terrorism, arms smuggling, trafficking in persons, and piracy, have created a significant impact on the political, economic and socio-cultural stability and security of the country; WHEREAS, the mission, function and responsibilities of government agencies such as the National Action Committee on Anti-Hijacking and Anti-Terrorism (NACAHT), Presidential Anti-Organized Crime Task Force (PAOCTF), Presidential Anti-Smuggling Task Force (PASTF), Philippine National Police (PNP), Armed Forces of the Philippines (AFP), National Bureau of Investigation (NBI), National Police Commission (NAPOLCOM), Department of the Interior and Local Government (DILG), Department of Justice (DOJ), Department of Finance (DOF), National Intelligence Coordinating Agency (NICA), Department of Transportation and Communication (DOTC), Dangerous Drugs Board (DDB), Bureau of Costom (BOC), Bureau of Immigration (BI), Economic Intelligence and Investigation Bureau (EIIB), and other concerned offices need to be linked, coordinated and complemented to affectivity combat transnational crime; WHEREAS, the growing sophistication of transnational crime demands a concerted, synchronized and focused effort from all law enforcement, intelligence and other concerned agencies of the government; WHEREAS, the establishment of a presidential body is necessary to concretize cooperation, concerted operations and data resource sharing between and among local agencies and with foreign countries and international organizations involved in the crusade against said menace; WHEREAS, the Administrative Code of 1987 empowers the President with the continuing authority to reorganize the Office of the President and to transfer functions from one department or agency to another; NOW, THEREFORE, I JOSEPH EJERCITO ESRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: SECTION 1. ORGANIZATION. The Philippine Center on Transnational Crime (PCTC) is hereby created under the office of the President to formulate and implement a concerted of action of all law enforcement, intelligence and other government agencies for the prevention and control of transnational crime. It shall be placed under the general supervision and control of the National Police Commission. SECTION 2. COMPOSITION AND LEADERSHIP. The Center shall be headed by the Executive Director to be appointed by the President and shall have the following Directorates: 1. Directorate for Operations; 2. Directorates for Plans and Programs; 3. Directorate for Research; 4. Directorate for technology Management; 5. Directorate for Administration and Finance; and 6. Other Directorates that may be created as the situation demands. SECTION 3. POWERS AND FUNCTIONS. The Center shall have the following powers and functions; 1. To establish, through the use of modern information and telecommunications technology, a shared central database among government agencies for the information on criminals; methodologies, arrests and convictions on the following transnational crime. a. illicit trafficking of narcotic drugs and sychotropic substances; b. money laundering; c. terrorism; d. arms and smuggling; e. trafficking in persons; f. piracy; and g. other crimes that have an impact on the stability and security of the country; 2. To supervise and control conduct of- anti transnational crime operation of all government agencies and instrumentalities;. 3. To establish a central database on national as well on national as well as international legislation and jurisprudence on transnational crime, with the end in view of recommending measures to strengthen responses and provide immediate intervention for the prevention, detection and apprehension of criminals operating in the country; 4. To established a center for strategic research on the structure and dynamics of transnational organized crime in all its forms, predict trends and analyze relationships of given factors for the formulation of individual and collective strategies for the prevention and detection of transnational organized crime and for the apprehension of criminal elements involved; 5. To design programmes and projects aimed at enhancing national capacity- building in combating transnational crime, as well as supporting the related programmes and projects of other ASEAN and international centers. 6. To explore and coordinate information exchanges and training with order government agencies, foreign countries and international organizations involved in the combat against international crime 7. To select personnel from within the NAPOLCOM, PNP and other government agencies for details with the PCTC 8. To enlist the assistance of any department, bureau, office, agency or instrumentality of the government-owned or controlled corporations, to carry out its functions, including the use of their respective personnel, facilities and resources; and 9. To perform such function and carry out such activities as may be directed by the President. SECTION 4. OFFENSE RECOVERED. The PCTC shall have the authority to take cognizance of the following transnational crimes: a. illicit trafficking of narcotic drugs and sychotropic substances; b. money laundering; c. terrorism; d. arms smuggling; e. trafficking in persons; f. piracy; and g. other crimes that have an impact on the stability and security of the country. SECTION 5. ASSISTANCE FROM GOVERNMENT AGENCIES. The PCTC shall be assisted by the following government agencies and instrumentalities: a. Philippine National Police (PNP); b. National Bureau of Investigation (NBI); c. National Action Committee on Anti-Hijacking and Anti-Terrorism (NACAHT); d. Presidential Anti-Organized Crime Task Force (PAOCTF); e. Presidential Anti-Smuggling Task Force (PASTF); f. National Police Commission (NAPOLCOM); g. Department of the Interior and Local Government (DILG); h. Department of Justice (DOJ); i. Department of Finance (DOF); j. Department of Transportation and Communication (DOTC); k. Dangerous Drugs Board (DDB); l. National Protection Service (NPS); m. Bureau of Immigration and Deportation (BID); n. Bureau of Internal Revenue (BIR); o. Economic Intelligence and Investigation Bureau (EIIB); p. Bureau of Custom (BOC); q. National Intelligence Coordinating Agency (NICA); r. Armed Forces of the Philippines (AFP); s. Land Transportation Office (LTO); t. National Telecommunications Commission (NTC); u. National Statistics and Census Office (NSCO); and v. Other government agencies which the PCTC may find necessary to implement its mandate. SECTION 6. COMMAND AND CONTROL. The command and control of the PCTC shall be as follows: a. The PCTC Executive Director shall report and be responsible to the President through Secretary of Interior and Local Government; b. The PCTC Executive Director shall have immediate supervision and control over all units of the PCTC. He is authorized to designate duties and functions of all units and personnel of the PCTC; c. The PCTC Executive Director shall have direct operational and supervisory authority over personnel and resources detailed with the PCTC from government agencies concerned. SECTION 7. OPERATING GUIDELINES. The PCTC shall adopt, in coordination with other concerned agencies, such operating guidelines as may be necessary to implement this Executive Order, subject to the approval of the President. It shall submit to the President reports of its activities with appropriate recommendations for the information and consideration of the President. SECTION 8. COORDINATING INSTRUCTIONS. The intent of this issuance is to put strong and intensified focus against organized transnational crime which will be addressed by the PCTC in the course of the government's anti- crime campaign, while the Philippine National Police (PNP) shall continue to be the primary general law enforcement agency of the country pursuant to Republic Act NO. 6975, as amended. Accordingly, close coordination and cooperation shall be undertaken by the Executive Director of PCTC, the Chief, PNP and the heads of other concerned government agencies, to insure synergy in the overall anti-transnational crime campaign. Vertical and lateral coordination among operating units, consistent with the security need to prevent compromise in police operations, is hereby enjoined. SECTION 9. FUNDING. Subject to government accounting and auditing procedures, the PCTC shall be provided with an initial allocation of ONE HUNDRED MILLION PESOS (100,000,000.00) for CY 1999, to be drawn from the President's Contingency Fund and from government savings. Appropriations for the succeeding years shall be incorporated in the budget proposal of the Office of the President. SECTION 10. EFFECTIVITY. This Executive Order shall take effect immediately. DONE in the city of Manila, this 15th day of January in the year of Our Lord, Nineteen Hundred and Ninety-Nine.
JOSEPH EJERCITO ESTRADA President Republic of the Philippines By the President:
RONALDO B. ZAMORA Executive Secretary
Transnational Organized Crime Transnational organized crime involves the planning and execution of illicit business ventures by groups or networks of individuals working in more than one country. [1,2] These criminal groups use systematic violence and corruption to achieve their goals. [3] Crimes commonly include money laundering; human smuggling; cyber crime; and trafficking of humans, drugs, weapons, endangered species, body parts, or nuclear material. Transnational crime ring activities weaken economies and financial systems and undermine democracy. [4] These networks often prey on governments that are not powerful enough to oppose them, prospering on illegal activities, such as drug trafficking, that bring them immense profits. In carrying out illegal activities, they upset the peace and stability of nations worldwide, often using bribery, violence, or terror to achieve their goals. The political turmoil of the 21st century and advances in technology make transnational crime a concern for the United States. Increased travel and trade and advances in telecommunications and computer technology have had the unintended effect of providing avenues for the rapid expansion of transnational organized crime activities. Policing objectives in the United States must extend beyond national borders to seek out and target this type of crime. Only through international collaboration and information exchange can the United States develop effective protocol and policies for countering these crimes and mount a serious opposition. [5] Transnational criminal rings are becoming more and more powerful and universal, and their mobility is growing. The means and resources of any state are not enough to seriously harm them. Yuriy A. Voronin, Professor of Criminal Law, Urals State Law Academy, Ekaterinburg, Russia [6] Next section: Effectively Combating Transnational Organized Crime. Notes [1] Reuter, P., and C. Petrie, eds. Transnational Organized Crime: Summary of a Workshop Exit Notice. Washington DC: National Academy Press, 1995. [2] Albanese, J.S. Organized Crime in Our Times Exit Notice. Cincinnati OH: LexisNexis Anderson Publishing, 2004. [3] Finckenauer, J., and Y. Voronin. The Threat of Russian Organized Crime. Washington DC: U.S. Department of Justice, National Institute of Justice, 2001, NCJ 187085. [4, 5, 6] Voronin, Y. Measures to Control Transnational Organized Crime. Washington DC: U.S. Department of Justice, National Institute of Justice, 2000, NCJ 184773. Date Created: November 15, 2007