116TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

COUNTRY PAPER ON
EFFECTIVE METHODS TO COMBAT TRANSNATIONALORGANIZED CRIME IN CRIMINAL JUSTICE PROCESSES(PHILIPPINES)
Ricardo Tiuseco Pamintuan *,**
I. FACTUAL SETTING
Transnational organized crime (TOC) isa serious global menace that has evolved
into a sophisticated and even legitimate
means of perpetuating criminal activities
and dynasties. It continues to threaten the
future, the very existence, of every man,woman, and child because of its innate
voraciousness. No one is spared, not theAmericas, not the European Community,
especially not the developing countries andemerging democracies in Asia and Africa.
It destabilizes economies and creates afaçade of stability and progress to conceal
the erosion of the moral fabric of modern
society on which it feeds. Globalization andthe growing popularity and application of
the internet has made it possible fortransnational organized crime groups(TOCGs) to expand their activities at an
alarming rate under a cloak of legitimacy
and to establish bases of operations beyond
their normal and traditional confines.
States with high poverty levels are
particularly vulnerable to such incursions
because of the staggering amounts thesegroups are willing to invest in employing
offshore managers and in gaining the
goodwill of local law enforcers and officials.
* Court Attorney VI, Supreme Court of thePhilippines, Philippines**Submitted in partial compliance with therequirements of the 116 th International Group
Training Course on Crime Prevention (The
Administration of Criminal Justice) under the aegis
of the Japanese Government, 21 August-17
November, 2000, UNAFEI, Tokyo, Japan.

The Philippines, which has not attained
genuine economic growth in the past,certainly fits this profile. Additionally, its
location and thousands of mostly
unsecured islands, with rugged coastlines
and friendly townsfolk, facilitate
infiltration and provide strategic and ideal
drop-off and transshipment points for
TOCGs.
II. TRANSNATIONAL ORGANIZEDCRIME IN THE PHILIPPINES
A. The Current Situation
TOC has not been given much attention
by past administrations due in large
measure to preoccupation with domestic
problems still evident to this day, among
them, uneven distribution of wealth, tradeimbalance, and the protracted thoughisolated insurgency in the south. This has
been compounded by the traditional notionthat crime prevention lies within thepurview of domestic law enforcement.
Thus, international covenants
notwithstanding, TOCs have not been as
seriously addressed in the Philippines asin other countries. As a member of theUnited Nations, the Philippines has
participated in the various conventions of
the UN Congress on the Prevention of
Crime and the Treatment of Offenders, andhas become party to such positive measures
as the Milan Plan of Action, the Caracas
Declaration, and the Guiding Principles for
Crime Prevention and Criminal Justice in
the Context of Development and a New
International Economic Order.

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RESOURCE MATERIAL SERIES No. 58
For some time, Philippine leaders havebeen aware of the guidelines and policies
on the prevention and control of organizedcrime, judicial independence, extradition,
mutual assistance, transfer of proceedings,
and treatment of prisoners, among othermatters. Unfortunately, there has been adearth of relevant local legislation on thesesubjects, and the ones enacted have been
fairly conservative.
Existing criminal laws, however, may bemade applicable against TOCGs as long as
the crime involved or any of its components
falls within the definition of any criminal
statute and meets the requirements ofPhilippine principles on territoriality. The
Revised Penal Code (RPC), the main sourceof criminal law in the Philippines since1
January 1932, enumerates specific felonies
that may be committed by any person.
Similarly, special laws on specific crimes
not identified or defined in the RPC, suchas laws on narcotics, 1 graft and corrupt
practices,2 illegal possession or
manufacture of firearms and explosives,3illegal gambling,4 illegal fishing,5 illegal
logging, 6 piracy and highway robbery, 7hijacking,8 car theft,9 and white slavery,10
may also be committed, directly or
indirectly, by members of TOCGs. With
1

Republic Act No. 6425. (Henceforth, any reference
to Republic Acts shall be indicated as “R.A.”).
2 R.A. No. 3019.
3 Presidential Decree No. 1866. (Henceforth, anyreference to Presidential Decrees shall be indicatedas “P.D.”).
4 R.A. No. 3063 (on horse racing); P.D. No. 449 (oncockfighting); P.D. No. 483 (on game fixing); P.D.
No. 510 (on slot machines); and P.D. No. 1306 (onjai alai).
5 P.D. No. 704.
6 P.D. No. 330.
7 P.D. No. 532.
8 R.A. No. 6235
9 R.A. No. 6538.
10 Batas Pambansa Blg. 186.

184

such wide coverage, they can accordingly
be charged, tried and penalized underPhilippine laws, as long as no question of
territorial jurisdiction or diplomatic
immunity is raised. Still, the Philippines
is wanting in legislation on some forms of
TOC like money laundering 11, humantrafficking, environmental crimes,12 cardfraud, computer-related crimes,13 stolen
auto and auto parts trafficking, maritime
piracy, and violations of intellectual
property rights. The latter, described in
1995 by the FBI as the “crime of the 21stCentury,” is itself a tool for money
laundering,14 but there is no existing local
legal mechanism for making suchdetermination or dealing with a given
identified situation.
Without belaboring the obvious, the fact
is, even the terms “transnational organizedcrime” and “transnational organized crimegroups” have no exact definition under
existing Philippine laws. The only known
definition of TOC is found in a paper by apolice senior superintendent who declaredthat “there is an emerging consensus
defining transnational crime as an offensethat has an international dimension andinvolves (the) crossing of at least one border
before, during and after the fact. Therefore,
11 Although the Philippines is not a member of the

Financial Action Task Force (FATF) on Money
Laundering, it is enjoined to adopt the “Forty
Recommendations” of the FATF drawn up on 1990
and revised in 1996.
12 For instance, in the case of the Philippines, how toprotect biodiversity, how to deal with theunauthorized dumping of toxic wastes, how toensure the safe use of chemicals on food products
and raw materials, or how to police marine
sanctuaries within Philippine waters.
13 The efficacy of the recently enacted E-Commerce
Law (R.A. No. 8792) is yet to be determined.
14 Organized Crime and Product Counterfeiting,<http://www.ari.net/iacc/economic.html> 20 May
2000.

116TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
it is a mutual concern of at least two
affected countries that they must jointly
address.” 15 This definition begs thequestion, to say the least. To fully
understand the nature of TOC and TOCGs,
a resort to other sources is inevitable. The
INTERPOL defines TOCG as: “Anyenterprise or group of persons engaged ina continuing illegal activity which has asits primary purpose the generation of
profits, irrespective of nationalboundaries.”16 This definition, criticized by
Italy, Spain, and Germany for leaving out
the requirement of an organized command
structure, and by the U.S. and Canada foromitting the requirement of using violence
to attain the group’s goals, was later altered
to read, “Any group having a corporate
structure whose primary objective is toobtain money through illegal activities,
often surviving on fear and corruption.”17
B. Legal Frameworks for Combating
Transnational Organized Crime18
1. The Early Experiments
Early attempts to combat TOC were
mostly of local application and, in more
ways than one, required further legislation
to be effective. In 1979, at the height ofmartial law, former President Ferdinand
E. Marcos established a National
Committee on Anti-Organized Crime(NACAC) to formulate government plans,
implement actions, and control all
activities “relative to the five pillar
approach to the National Criminal Justice
System, particularly on organized
15 Lucas V. Cauton, Jr., Transnational Crime: The New

Challenge to Law Enforcement, Transnational
Crime Bulletin, Vol. 1, No. 1, 2000, p. 86.
16 First International Symposium on Organized
Crime, St. Cloud, France, May 1988.
17 Transnational Organized Crime , <http://
www.alternatives.com/crime/define.html> 20 May
2000.
18 See Appendix A for the Timeline of the Philippines’
Battle Against Transnational Organized Crime.

crimes.”19 Two years later, Marcos createdthe Peace and Order Council (POC), 20
whose functions and responsibilities
duplicated those of the NACAC. Becauseof this, E.O. No. 829 was passed on 11
September 1982, abolishing the NACAC
with the POC absorbing its functions,duties, and responsibilities. The National
Law Enforcement Coordinating Committee(NALECC) was also constituted tocoordinate the activities of various law
enforcement agencies. In such seminal
form, however, the POC and the NALECC
were nothing more than toothlessorganizations that posed no significant
threat to the scattered TOCGs operatingin the country.
From that time until the ascent to thepresidency by Fidel V. Ramos, Marcos’
cousin and former police chief, there wasabsolutely no forward movement in thebattle against TOC. Within his first year
in office, Ramos reorganized the NALECC
twice. In 1999, the NALECC would
undergo yet another organizational shift
as the government intensified its TOC
programme. Meanwhile, Ramos issued
E.O. No. 246 on 18 May 1995,
reconstituting the National Action
Committee on Anti-Hijacking as the
National Committee on Anti-Hijacking andAnti-Terrorism (NACAHT).
Realizing that the task of preventing or
eradicating TOC on its own was going tobe very difficult, the Philippines sought tofight this war in alliance with its neighbors.
In a grand show of regional solidarity, nine
Ministers of Interior/Home Affairs andRepresentatives of ASEAN Member
Countries 21 converged in Manila, on 20
December 1997 for the 1 st ASEAN
Conference on Transnational Crime andsigned the ASEAN Declaration on
19 Letter of Instruction No. 824 s-79.
20 E.O.

No. 727 s-81.

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RESOURCE MATERIAL SERIES No. 58
Transnational Crime. The conference
marked the culmination of a series ofactivities beginning with the adoption of
the Naples Political Declaration and Global
Plan of Action of 23 November 1994. The
Baguio Communique, reached during the
1st International Conference on Terrorism
held at Baguio City, Philippines, from 1821 February 1996, led to the 29th ASEAN
Ministerial Meeting (AMM) and the 1 stInformal ASEAN Summit, both held at
Jakarta, in July and November 1996. The
following year, the 30th AMM and the 2nd
Informal ASEAN Summit were held at
Kuala Lumpur, in July and December,respectively. The signatories to the ASEAN
Declaration resolved to confront
transnational crime by, among othermeasures, strengthening each nation’scommitment to cooperate in combating
TOC, encouraging them to assign police
attachés and/or liaison officers in eachother’s capitals to facilitate cooperation,
urging the networking of relevant law
enforcement agencies in the member
countries, and expanding the scope ofefforts against TOC.
2. The Creation of the Philippine Center
on Transnational Crime
To this end, President Joseph E. Estrada
signed E.O. No. 62 on 15 January 1999,
creating the Philippine Center on
Transnational Crime (PCTC). Estrada,
who as Vice-President headed the defunct
Presidential Anti-Crime Commission(PACC)22, considered the establishment of
the PCTC necessary after determining,among other things, that (a) TOC has

21 Brunei Darussalam, Republic of Indonesia, Lao

People’s Democratic Republic, Malaysia, Union of
Myanmar, Republic of the Philippines, Republic ofSingapore, Kingdom of Thailand, and the Socialist
Republic of Vietnam.
22 The PACC’s successor was the Presidential AntiOrganized Crime Task Force (PAOCTF).

186

adversely affected the political, economic,
and socio-cultural stability and security of
the Philippines; (b) the functions andresponsibilities of various law enforcement
and related agencies need to be linked,
coordinated, and complemented toeffectively combat TOC; and (c) the growing
sophistication of TOC demands a
concerted, synchronized, and focused effort
from these agencies.
As so created, the PCTC has thefollowing powers and functions:(i)
To establish, through the use ofmodern information andtelecommunications technology, ashared central database among
government agencies for
information on criminals,
methodologies, arrests andconvictions on the following
transnational crime:(a) illicit trafficking of narcotic
drugs and psychotropic
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;(ii) To supervise and control (the)conduct of anti-transnational
crime operations of all government
agencies and instrumentalities;(iii) To establish a central database on
national as well as international
legislation and jurisprudence ontransnational crime, with the end
in view of recommending measures
to strengthen responses andprovide immediate intervention forthe prevention, detection andapprehension of criminals
operating in the country;(iv) To establish a center for strategic

116TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
research on the structure anddynamics of transnationalorganized crime in all its forms,
predict trends and analyze
relationships of given factors forthe formulation of individual andcollective strategies for theprevention and detection oftransnational organized crime andfor the apprehension of criminal
elements involved;(v) To d e s i g n p r o g r a m m e s a n d
projects aimed at enhancing
national capacity-building incombating transnational crime, as
well as supporting the related
programmes and projects of other
ASEAN and international centers;(vi) To e x p l o r e a n d c o o r d i n a t e
information exchanges andtraining with other government
agencies, foreign countries andinternational organizations
involved in the combat against
transnational crime;(vii) To select personnel from within the
NAPOLCOM, PNP and othergovernment agencies for detailwith the PCTC;(viii) To enlist the assistance of any
department, bureau, office, agency
or instrumentality of thegovernment, including
government-owned or controlled
corporations, to carry out its
functions, including the use of theirrespective personnel, facilities andresources; and(ix) To perform such functions andcarry out such activities as may bedirected by the President.23
E.O. No. 62 also mandates24 that the
PCTC shall be supported and assisted in
the performance of its tasks by the
23 E.O.

No. 62, § 3.

24 Ibid., § 5.

following government agencies andinstrumentalities:
(i)
(ii)

Philippine National Police (PNP);
National Bureau of Investigation(NBI);(iii) National Action Committee on
Anti-Hijacking and Anti-Terrorism(NACAHT);(iv) Presidential Anti-Organized Crime
Task Force (PAOCTF);(v) Presidential Anti-Smuggling Task
Force (PASTF);(vi) National Police Commission(NAPOLCOM);(vii) Department of the Interior andLocal Government (DILG);(viii) Department of Justice (DOJ)(ix) Department of Finance (DOF);(x) Department of Transportation andCommunication (DOTC);(xi) Dangerous Drugs Board (DDB);(xii) National Prosecution Service(NPS);(xiii) Bureau of Immigration andDeportation (BID);(xiv) Bureau of Internal Revenue (BIR);(xv) E c o n o m i c I n t e l l i g e n c e a n dInvestigation Bureau (EIIB);(xvi) Bureau of Customs (BOC);(xvii) National Intelligence Coordinating
Agency (NICA);(xviii)Armed Forces of the Philippines(AFP);(xix) Land Transportation Office (LTO);(xx) National Telecommunications
Commission (NTC);(xxi) National Statistics and Census
Office (NSCO); and(xxii) Other government agencies which
the PCTC may find necessary to
implement its mandate.
Although the PCTC is under the Officeof the President, general supervision andcontrol are exercised by the NAPOLCOM.
The Executive Director of the PCTC, whoreports to the President through the187

RESOURCE MATERIAL SERIES No. 58
Secretary of Interior and Local
Government or Chairman of the
NAPOLCOM, has immediate supervisionand control over all PCTC units, with thepower to assign the respective duties andresponsibilities of all officers and personnelof the PCTC. In this effort, he is assisted
by a Deputy Executive Director and Chief
Directorial Staff. The latter, in turn,oversees the seven directorates comprising
the PCTC offices, namely, Administration
and Finance, Research, Operations,Technology Management, Plans andPrograms, Legal Affairs, and Detection and
Investigation.25
From the time it was established in
1999, the PCTC has evolved into theoperational contact agency of the United
Nations Office for Drug Control and Crime
Prevention (UNODCCP), the Asia-PacificGroup (APG) on money laundering, theASEAN on the proposed ASEAN Center for
Combating Transnational Crime; the US
Counter-Narcotics and Crime Center(USCCC); the National Crime Authority(NCA) of Australia; and Japan’s National
Police Agency (NPA) and JICA. In thisregard, the PCTC has gone beyond its
stated mission, that is, “To formulate andimplement a concerted programme ofaction (for) all law enforcement,
intelligence and other agencies for theprevention and control of transnational
crime,” but held fast to its belief “in a unitedand coordinated approach, both domestic
and international, to safeguard national
security and interest against the menaceof transnational crime.”26
Sensing the growing importance of the
PCTC, former PNP Chief Roberto C.
Lastimoso issued Resolution 99-03 dated
30 April 1999, assimilating the National
Drug Law Enforcement and Prevention
25 Id., § 6.
26 PCTC Briefing Manuscript, July 2000, p. 6.

188

Coordinating Center (NDLEPCC) and the
PCTC as regular members of the NALECC.
A week later, in further affirmation of thismove, Estrada issued E.O. No. 100,strengthening the operational,
administrative and information support
system of the PCTC by placing under its
general supervision and control the Loop
Center of the NACAHT, the INTERPOLNational Central Bureau for thePhilippines, the police attachés of the PNP,
as well as the DILG’s political attachés/counselors for security matters.
Current PCTC efforts are concentratingon human trafficking. According to Police
Chief Inspector Camilo PP Cascolan, Chiefof the Special Research Division of the
PCTC Directorate for Research, theupward trend in the trafficking of persons,most of whom are women and children, is
alarming not only because it reduces
human beings into mere commodities, butalso because it breeds such other crimes
as those involving drugs, firearms,
smuggling, illegal recruitment, andcorruption of public officials.27 In whiteslavery cases, for example, methods ofprocuring women range from harmless andseemingly unrelated activities (like foreign
training or internship, adoption, family
tours, religious pilgrimage, cultural
exchange/promotion, sports events, andescort service), to cultural (marriage
matchmaking or selling of a woman by her
family), economic (job promises by illegal
recruiters), and even criminal(abduction).28

27 Interview, 29 June 2000.
28 RP-Europe Concerns on Trafficking in Persons, The

Philippine Experience, Directorate for Research,
PCTC, 2000, pp. 6-7. See also Youngik Yoon’s
International Sexual Slavery, <http://
www.alternatives.com/crime/PART7.HTML> 20
May 2000.

116TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
In spite of the tremendous support of the
Chief Executive for the PCTC, E.O. No. 62
has been criticized in some quarters for its
overly restrictive enumeration of TOCs
falling within the jurisdiction of the PCTC.
What, for instance, should be done about
the smuggling of cultural artifacts? In a
paper by a researcher from the Institute ofInternational Legal Studies of the
University of the Philippines Law Center,
the writer lamented that “the amount ofmoney that changes hands worldwide in
respect of illegal trade in cultural property
comes third after those of prohibited drugs
and armaments. Unlike the latter two
objects of commerce, whose destruction issought by many because of their pernicious
implications for the safety and, oftentimes,
the lives of the people, the preservation ofcultural artifacts, especially in situ, issought as their removal from their originalsite, and possible damage thereto, and even
eventual loss, can produce untold harm for
mankind in general, and for a culture, inparticular.”29
III. BATTLING TOC IN THE
PHILIPPINES
A. Problems
1. In General
There is no doubt that the fight against
TOC in the Philippines cannot be waged
by a single entity. All components of thePhilippine Criminal Justice System - law
enforcement, prosecution, judicial process,correction, and the community - must act
together in pursuit of the common goal oferadicating or at least emasculating TOC.
The paper has shown that existingmechanisms for battling TOC primarily
consist of legislation creating coordinate
bodies that are mandated to channel theefforts of a slew of law enforcement andrelated agencies. Hence, the first real

obstacle in the Philippines’ struggle toliberate itself from the stranglehold of
TOCGs is the lack of a bona fide
government agency exclusively assigned totackle cases involving TOCs and TOCGs.
Penal statutes that may be used in theprosecution of individual members of
TOCGs are abundant, but theirenforcement remains lax due to a host offactors. There is also great difficulty inprosecuting criminals, a problem that has
as much to do with deficiencies on the partof law enforcers who either lackinvestigative skills or do not wish to beburdened with complex legal procedures,
as with the people’s penchant for soliciting
or offering political patronage.
Of course, lack of funds is a nagging
issue. Every department of government ishaunted by this problem. Even if
meaningful and viable projects weredevised, if they are not backed by sufficientfunding, the rate of failure would remainhigh. To cite an example, the judiciary’s
budget has steadily declined in the last two
years. In 1999, it was allotted a 1.20%
share of the national budget, which was cut
by .13% this year. A further 2-billion peso
reduction is being contemplated by thelegislature for fiscal year 2001. The
Supreme Court recently submitted aM e d i u m - Te r m P u b l i c I n v e s t m e n t
Programme (MTPIP) to the NationalE c o n o m i c D e v e l o p m e n t A u t h o r i t y,enumerating the projects it intends topursue in the next three years. With ashrinking budget, the judiciary is
experiencing difficulty in raising thesalaries of judges and other court
employees - a measure designed to reducegraft and corruption in the institution. It
would, however, require great political will,
sacrifice, and a unified judiciary to
implement the identified projects.

29 Joseph Sedfrey S. Santiago, Smuggling of Cultural

Artifacts, TCB, Vol. 1, No. 1, 2000, p. 43.

189

RESOURCE MATERIAL SERIES No. 58
Another factor to be considered is theinability of each administration to fill theneeds of certain sectors of society. The
soaring cost of auto parts, for instance, hasgreatly contributed to the continuous
smuggling of this commodity. “Newbusiness” for crime is created when any
human desire is stifled by the State.30 In
the given example, the human desire
satisfied by the entry of smuggled, yetcheaper, auto parts is the desire to
maximize or stretch the purchasing powerof the local currency.
One area of concern, which has been
overlooked by and is receiving meager
attention from government, is how tocontrol or minimize health and safety risks
associated with seemingly innocuous TOCs
like counterfeiting of such mass-based
products as baby formulas, foodstuff, drugs,
cosmetics, toys, apparels, and auto andaviation parts.31 The pernicious effects ofpassing off substandard imitations as
genuine articles cannot simply be ignoredby the State in this era of massconsumption.
2. In Detection and Investigation
As intimated earlier, one major problem
area in the detection and investigation of
TOCs in the Philippines is the lack of funds
to meet the demands of modern law
enforcement. The compensation of regularmembers of the police force and otherrelated agencies is simply notcommensurate with the perils of their job.
TOCGs, on the other hand, with their vastfinancial resources, can hire the best teamof consultants and lawyers, eventuallyemploying corporate management skills intheir global operations, thus, making the
30 W h y

be Concerned Now? <http://
www.alternatives.com/crime/crime6.html> 20 May
2000.
31 Health and Safety Risks, <http://www.ari.net/iacc/
health.safety.html> 20 May 2000.

190

fight even more lopsided in their favor. And
while their army of followers, their“families,” grow and flourish, young andimpressionable Filipinos tend to eschew acareer in law enforcement for reasons
ranging from low wages vis-à-vis work
hazards, to negative public image andexposure to corruption. The resultant
manpower shortage is more than enoughto embolden even the lowliest lackey in the
TOC hierarchy.
The dubious distinction of law
enforcement is imputable not only to the
popular notion that corruption permeates
its ranks, but also to the emerging opinion
that agents of the law do not possess thenecessary skills to properly perform theirduties and functions. The lack of modern
and appropriate forensic tools, anotheroffshoot of fund scarcity, is compounded by
the impression that local forensics
practitioners are not endowed with theability necessary to fully utilize availablet e c h n o l o g y. A n d t o h u m a n r i g h t s
advocates, documented cases of violationby the police of basic individual liberties,
especially during arrests, searches andseizures, and custodial interrogation,
constitute a virtual abandonment by thelatter of their sworn obligation to upholdthe law. Ironically, this situation
sometimes arises out of the very desire oflaw enforcers, their eagerness, to send to
jail in earnest a known criminal instead ofgoing through the tedious process ofobtaining warrants and supporting an
indictment in court where there is apossibility that the accused may be
acquitted.
Aside from a negative image, a recent
study on the Philippine criminal justicesystem has revealed other problems
involving the police which are connectedwith the administration of justice, to namea few inadequate investigation training,lack of coordination among police officers

116TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
and agencies, and failure of law enforcers
to effect arrests by non-service of
warrants.32
3. In Prosecution
Every criminal charge is filed in andadmitted by Philippine trial courts on thebasis of evidence submitted by the police
and those discovered by the prosecutors.
During the trial, the case continues to beconsidered on the basis of physical,
testimonial, and documentary proof. As in
any jurisdiction, it is clear that evidence
plays a crucial role in every successfulconviction. In this regard, success isequated with confirmation of the judgment
on appeal. This is one area of concern, formany crimes go unpunished because of
mishandling of evidence - from the moment
the crime scene is secured to the time thepieces of evidence gathered are actuallyplaced under the care and custody of thepolice. The prosecutor is placed in adilemma: Should the case be filed even if
it is weak due to lack of evidence or
inadmissibility of those actually found? Orshould it be dismissed at the risk of letting
loose into society someone who mightcommit more crimes? Law enforcers
sometimes conduct arrests, searches andseizures, and custodial investigation
without following procedure expressly
stated in the Constitution, as well as in theRules of Court. This gives rise to asituation where a case that is otherwise
strong suddenly becomes infirm because ofmatters beyond the prosecutor’s control.
Another scourge in the prosecutorialservice is the reluctance or unwillingnessof witnesses to testify, usually for fear of
reprisal and not so unusually for pecuniary
gain. Members of TOCGs who are on thebrink of being placed within the Philippine
32 Myrna S. Feliciano and Alberto T.

Muyot, The
Philippine Criminal Justice System, 17 July 2000,
p. 49.

judicial process may find an ally in awitness whose silence can be bought or
coerced. The lure of money is sometimes
combined with subtle threats to produce
the desired results.
As with law enforcers, many prosecutors
lack basic and advanced advocacy skills
due in large measure to inadequate
continuing legal education. 33 The goodlawyers are usually found in private
practice, either alone, with others, or witha firm, preferring the trappings of wealthand power that come with a successful
practice over the selfless notion of serving
the public or defending a common criminal.
Because of this reality, or as a result of it,
critics of government have accused justice,particularly the legal profession, of being
pro-rich or anti-poor. While this allegation
is not totally accurate, it is not entirely false
either. No statistical data is necessary toconclude that there are more people in thelower bracket of society who are in need ofprofessional legal assistance, the kind of
aid that most times can be availed of onlyby the moneyed class. Unfortunately,
TOCGs belong to the latter class.
4. In Punishment
Criminal law in the Philippines is oneof the legacies of Spain, a vestige of its
colonial past. For three hundred years,
Roman law principles on crime andpunishment were applied in writing lawsand deciding cases. A century after the
Spaniards were ousted from the country,
the Philippines continues to use these legal
precepts, even enhancing them to suitpresent situations. But the race against
the evolving face of crime, including therelatively new genre of TOC, seems to be afutile effort. Crime, as in other parts of
the world, is always one or two steps ahead.
To cite an example, in the Philippines, theprohibited stimulant drug known locally as
33 Ibid., p. 57.

191

RESOURCE MATERIAL SERIES No. 58“Ecstasy” had been widely andindiscriminately sold to mostly young users
for years before somebody even filed a billin Congress to bring the distribution andsale of that drug within the purview of theDangerous Drugs Act. Lows onenvironmental crimes and productcounterfeiting are also archaic, making
them top areas of concern for internationalorganizations willing to extend financial or
technical assistance to the country.
Another major obstacle to punishing
TOC in the Philippines is judicial restraint.
For TOCGs, the physical boundaries ofnations do not exist. In dealing with them,
there is bound to be a conflict between
national or municipal laws andinternational laws governing controversies
between or among states. The other factor
to be considered is the effectiveness ofinternational conventions vis-à-vis
domestic laws. “In view of thejurisdictional and political weaknesses ofinternational tribunals, are national courts
the more promising avenue in certain fields
for the growth of a body of law regulatingstate conduct?”34 Two principles of judicial
restraint must first be considered. Even if
the doctrine of sovereign immunity and theact of state doctrine are similar in that they
prevent “courts from becoming involved in
disputes which might lead to friction
between a foreign nation and their own . .
. . sovereign immunity applies only wherea foreign state or its instrumentality issought to be made a party to litigation orwhere its property is involved. On theother hand, the act of state doctrine focusesentirely on the action taken by that state,
and may be applicable to litigation between
two private parties to which that action isrelevant. It determines not whether a court
34 Henry J. Steiner and Detlev F. Vagts, Transnational

Legal Problems (Materials and Text), New York: The
Foundation Press, Inc., 1976, p. 637.
35 Ibid., pp. 672-673.

192

can assert (or must relinquish) jurisdiction
over a party but whether it can fully
examine and decide certain claims on the
merits, even when such claims rest on theasserted illegality of foreign governmental
conduct.”35 Without clear rules on conflictsof laws, problems may arise in executing
judgments of conviction against foreign
nationals.
If no such conflict exists, or if they are
resolved without raising any diplomaticquestion, the next crimp to be ironed out
are prison concerns. As in other countries,
the Philippine correctional system suffersfrom such common problems as
overcrowding, understaffing, dismal prison
conditions, poor security, staff unrest or
stress, and low budgetary allocation. 36
Crowded and substandard prison facilities
breed diseases and discontent among
inmates.37 This is a direct consequence ofthe low budget allocation for the corrections
system, a situation that practicallyforestalls the government from taking or
continuing contingency measures aimed at
decongesting prison facilities.38 Budget, ofcourse, includes salaries, which, in the caseof law enforcement, is dismally low, hence,
resulting in vacancies. Prison officials andemployees are also members of thePhilippine National Police so they suffer
the same problems being experienced bylaw enforcers. As a result, penitentiaries
are understaffed and security is lax. Prison
breaks, especially in the provinces, are notuncommon.
But no issue has received as muchattention from the three branches ofgovernment, the clergy, and mass media as
36 Michael Cavadino and James Dignan, The Penal

System, An Introduction, 2d, SAGE Publications,London: 1997, p. 10.
37 Feliciano and Muyot, p. 86.
38 Philippine Corrections Today, 28 Philippine
Panorama (no. 41, 24 October 1999), 13-17.

116TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
the death penalty. Suspended under the
1987 Constitution, the death penalty was
revived on 1 January 1994 via Republic Act
No. 7659. Despite its resurgence, there isno sign that the death penalty has
effectively deterred people from committing
crimes. It is just a matter of time before
an innocent person is executed. A life
sentence without parole could become astrong incapacitative, retributive
punishment. “But the death penalty willremain and perhaps even flourish because
it represents the supreme quick fix for theviolent crime rate.”39 Critics would continue
to question the efficacy of the death penalty
as the ultimate form of social retribution,
but its deterrent power would still be
another issue.
B. Possible Solutions
With such a diverse set of obstacles
confronting the Philippines in its battle
against TOC, no single solution is in thehorizon. Varying responses to eachproblem, given on a case-to-case basis, may
be the only way to beat the growing threatof TOC.
Old laws must be updated so that theywould be more responsive to present andemerging crisis situations involving TOC
and TOCGs. To complement this, newforensic investigation techniques must be
explored, like DNA testing. In thePhilippines, the admissibility of DNA
evidence is quite novel. It would have beentested during the trial of a celebrated rapemurder case,40 but the defense, perhaps
realizing that the results would be
incriminating, challenged the admissibilityof any evidence that would be obtained
39 John Klofas and Stan Stojkovic, editors, Crime andJustice in the Year 2010, USA: Wadsworth
Publishing Company, 1995, pp. 263-264.
40 The case of People of the Philippines v. HubertWebb, et al., dubbed by the local media as the
Visconde Massacre.

therefrom. In any event, the trial court
convicted the accused and the case iscurrently being reviewed by the Supreme
Court. This turn of events prompted a law
professor at the University of thePhilippines to say that, “The novelty of thescientific method for DNA testing should
not be a ground for exclusion of evidence
under (Philippine) rules. Neither should
degradation of the specimen be invokedagainst admission, since this goes merely
into the weight, rather than admissibility,of the evidence.”41
The development of pilot programs toenhance inter-institutional coordination
can be initiated by agencies such as the
PCTC. This can be supplemented bytraining modules on skills enhancement for
enforcers (especially in handling evidence
and securing crime scenes), prosecutors,
and judges. In the case of judges, theprogramme has begun with the creation of
the Philippine Judicial Academy, thetraining arm of the Supreme Court, andthe launching of the Pre-Judicature
Programme for future and present
magistrates.
In the prosecutorial services, theincumbent Justice Secretary, Artemio G.
Tuquero, has proposed some reforms suchas, but not limited to, the following:
strengthening of the support staff andupgrading of equipment; providing a morecompetitive compensation package toattract better and morally upright lawyers
to join the service; setting up a national
prosecution academy to undertake acomprehensive professional and careerdevelopment programme for prosecutors;
stricter enforcement of disciplinary
measures against errant prosecutors; and41 Pacifico Agabin, “Admissibility of DNA Evidence inPhilippine Courts,” lecture given at the 7th National
Convention-Seminar and General Meeting of thePhilippine Women Judges Association.

193

RESOURCE MATERIAL SERIES No. 58
close coordination with law enforcement
agencies and the community in evidencegathering..42
Similarly, the correctional system is far
from being perfect, but things could bebetter if only there would be a shift ingovernment policy, from stressing
imprisonment and punishment toencouraging rehabilitation and correction.
This would not only decongest the
penitentiaries but would also give
prisoners a more positive goal, a humanpurpose that would nourish any potential
for improvement.
There is also a need to strengthen the
country’s witness protection programme.
Witnesses in TOCs would be motivated tocome out in the open and give
unadulterated statements if their safety
against possible retribution from TOCGs
could be assured. As an additional
incentive, they could be given rewards fortheir efforts. At the moment, there are laws
specifically allowing the release of funds
as reward to state witnesses 43 andinformers.44 A former public official at the
Department of Justice even opined that he“cannot discount altogether the usefulnessof the reward system in the campaign
against organized crimes.”45
In cases where extradition is proper,
calling for mutual legal assistance inconnection with a criminal investigation or
execution of a prison sentence, extradition
treaties may be resorted to, in accordance
42 Feliciano and Muyot, pp.

59-60.
Nos. 1731 and 1732.
44 P.D. No. 749, in relation to Articles 210, 211, and212 of the Revised Penal Code; R.A. No. 3019; §345 of the National Internal Revenue Code; and §3604 of the Tariff and Customs Code.
45 Catalino Macaraig, in DOJ Opinion No. 157, s.
1978, 2nd Indorsement, 6 October 1978.
46 P.D. No. 1069.
43 P.D.

194

with the Philippine Extradition Law.46
For its part, the Supreme Court hasembarked on a Judicial Reform
Programme (SC-JRP) 47 designed toenhance the skills of judges and court
employees, as well as improve court
facilities and services all over the country.
An integral component of the SC-JRP is toaddress all issues relevant to theadministration and dispensation of justice.
The MTPIP mentioned in III-A(1) on page
13 is a product of consultations with thevarious stakeholders in the justice system.
It enumerates the projects identified by the
Court itself based on studies commissioned
for that purpose on the following areas of
substance: past judicial reform efforts, thecriminal justice system, strengthening of
the communication system of the Supreme
Court, a review of the barangay justicesystem to de-clog court dockets, alternative
dispute resolution, formulation ofadministrative reforms, case decongestion,and impact of judicial education.
IV. CONCLUSION AND
RECOMMENDATIONSThe TOC menace is precisely that - amenace. In a country like the Philippines,
where all forms of wealth are in the handsof a handful of people - the same people
who control government, directly orotherwise - TOCGs can wreak havoc inevery Filipino’s life by providing a placebo
for society’s ills. Using illegally generated
money, TOCGs are able to set up bases ofoperation wherever they are welcome. Like
legitimate corporations, they “invest”
heavily in foreign shores, and local officials
are all too willing to embrace their presence
because of necessity. It is this necessity on
which TOCGs feast. How can anyone avert
the spread of a disease such as TOC?
47 The author is a member of the ProgrammeManagement Office of the SC-JRP.

116TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
The answer lies in community vigilance.
Community participation in law
enforcement, in the prosecution of TOCs,
in court proceedings, and in the
rehabilitation of members of TOCGs cannot
simply be ignored. This is the reason why
the community is at the heart of thecriminal justice system. After all, defeating
TOC would ultimately redound to thebenefit of every member of the community.
Their alertness and active participation,
therefore, are not only desirable but evennecessary. The smallest political unit in
the Philippines, the barangay, is composedof members living within a specified zone
or geographical area. Tribal in origin andclannish in nature, the barangay perfectly
demonstrates how an indigenous entity
could aid the CJS by the simple expedientof maintaining an active community-watch
programme. As former President Ramos
declared while calling attention to theincursion of drug syndicates in the country,“(The government) will never be able to rootout the drug menace unless the citizenry
lend a strong hand, especially the media,
the church, the schools, the civic groups,
the business sector and the local
community leaders.”48

officers with members of the barangay inresponding to crimes committed in thebarangay. “The programme relies heavily
on the barangay officials having expert
knowledge of the situation and physicallayout of their respective jurisdictions.
M o r e s i g n i f i c a n t l y, t h o s e w h oconceptualized this programme werecounting on the high degree of trust thatthe barangay officials command of theirconstituents that the information andmanpower support that the latter would
ordinarily withhold from the police would
now be more freely extended by virtue ofthe presence of their barangay officials.”50
Anywhere around the world, if membersof the same community would only watch
after the welfare of their neighbors, bothmaterially and emotionally, there would be
no opportunity for TOCGs to penetrate
their closed group and perpetratevenalities. And is this not the way it shouldbe?

Positive steps have already been madein this direction. In 1997, the PNP
mobilized anti-crime civic organizations as
a pipeline between kidnap victims andtheir relatives. “This was formulated toaddress the particular dilemma concerning
the people’s fear and distrust of the police
which often results in very few reports ofcrime incidents being brought before thelaw enforcement offices.”49 In the later partof 1999, the PNP also launched a
programme involving barangay officials.
Patterned after the Hong Kong police, the“buddy system” sought to pair off police
48 Ramos Urges People: Join Fight versus Crime,

Philippine Daily Inquirer (12 August 1997), 2.
90.

49 Feliciano and Muyot, p.

50 Ibid.

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RESOURCE MATERIAL SERIES No. 58
APPENDIX ATIMELINE OF THE PHILIPINES’ BATTLE AGAINSTTRANSNATIONAL ORGANIZED CRIMEWHATLOI No. 824 s-79, establishment the National Committee
on Anti-Organized Crime (NACAC)
E.O. No. 727 s-81, creating the Peace and Order Council(POC)
E.O. No. 829, creating the National Law Enforcement
Coordinating Committee (NALECC), abolishing the
NACAC, transferring its functions, duties, and responsibilities to the POC
E.O. No. 41, amending E.O. No. 829
E.O. No. 41-A, amending E.O. No. 41
Adoption of the Naples Political Declaration and Global
Plan of Action
E.O. No. 246, reconstituting the National Action Committee on Anti-Hijacking as the National Committee on AntiHijacking and Anti-Terrorism (NACAHT)
1st International Conference on Terrorism (Baguio City)
29th ASEAN Ministerial Meeting (Jakarta)
1st Informal ASEAN Summit (Jakarta)
30th ASEAN Ministerial Meeting (Kuala Lumpur)
2nd Informal ASEAN Summit (Kuala Lumpur)
Signing of the ASEAN Declaration on Transnational Crime
during the 1st ASEAN Conference on Transnational Crime(Manila)E.O. No. 62, creating the Philippine Center on
Transnational Crime (PCTC)
E.O. No. 100, strengthening the operational, administrative, and information support system of the PCTC
Res. No. 99-03, assimilating the National Drug Law Enforcement and Prevention Coordinating Center and the
PCTC as regular members of the NALECC.

196

WHEN

1979
1981

11 September 1982
9 December 1992
1 February 1993
23 November 1994
18 May 1995
18-21 February 1996
July 1996
November 1996
July 1997
December 1997
20 December 199715 January 1999
7 May 1999
30 April 1999