THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
EXPLANATORY NOTE 
Organized crime has become pervasive in the country today. Practically all societal 
evils such as kidnap-for-ransom, car nap, drug trafficking, illegal gambling, bank robbery are 
perpetrated by crime syndicates operating with a considerable degree of organization and 
sophistication and amassing great wealth that has enabled them to evade the law, inflict grave 
damage to the economy and threaten our democratic processes. 
This bill seeks to strengthen our government's legal armory against crime syndicates 
by securing not only the criminal conviction of members of organized crime but their 
accomplices as well. It also denies crime syndicates the h i t s  of their illegal activities, which 
they have used to acquire an expensive lifestyle, and routinely laundered through purchase of 
assets, placement in the banking system, and investment into legitimate enterprises. 
The past administration created a task force to combat and neutralize crime 
syndicates. A few organized crime groups had been busted and neutralized. However, even 
if these groups had been busted, many of those involved were acquitted after trial and some 
new syndicates have emerged undaunted by the government's anti-crime efforts. In spite of 
the successfbl efforts of a small-budgeted task force, the prosecutorial and the judicial parts 
of our criminal justice system have not been able to convict most of the perpetrators. This 
has allowed the organized crime syndicates to continue operating and have caused grave 
concerns on peace and order which impairs the country's business and economic climate. 
More is needed in the government's anti-crime arsenal to effectively combat 
organized crime. The passage of this bill is fervently called for. 


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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
AN ACT 
DEFINING ORGANIZED CRIME, PROVIDING PENALTIES THEREFOR AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled: 
SECTION 1. Title. - This Act shall be known as the “Anti-Organized Crime Act 
of 2004.” 
SECTION 2. Declaration ofPoZicy. - It shall be policy of the State to protect our 
people from organized crime and other transnational crime, and to that end, strengthen the 
laws and government’s capabilities to effectively deter, prevent, suppress and prosecute acts 
relating to organized crime, The State shall join international community in preventing and 
combating transnational organized crime. 
SECTION 3. Definitions. - For the purpose of this Act, the following terms are 
hereby defined as follows: 
a. Organized Crime - is understood to be the large-scale and complex criminal 
activity carried on by groups of persons, however loosely or tightly organized, for 
the enrichment of those participating and at the expense of the community and its 
members. It shall also include transnational crime. It is frequently accomplished 
through ruthless disregard of any law, including offenses against the person, and 
frequently in connection with political corruption. 
b. Transnational Crime - refers to a serious crime which is usually committed by 
an organized criminal group for profit and which has international dimensions 
such as, but not limited to the following: 
1. 
2. 
3. 
It is committed in more than one State; 
It is committed in one State but substantial part of its preparation, planning, 
direction or control takes place in another State; 
It is committed in one State but involves an organized criminal group that 
engages in criminal activities in more than one State; or 


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C. 
d. 
e. 
4. It is committed in one State but has substantial effects in another State. 
Organized Crime Group - shall mean any group, association or other body 
consisting of five (5) or more persons, with the primary aim of committing any or 
series or a combination of unlawful activities defined herein in order to obtain 
financial or other benefit. 
Enterprise - includes any individual or association, partnership, corporation or 
other legal entity or any union or group of individuals associated in fact whether 
for legitimate or illegitimate purposes 
Unlawful activity covered under Organized Crime - refers to any act or 
omission or series or combination thereof involving or having relation, but not 
limited to the following: 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
Money Laundering penalized under Republic Act 9160, otherwise known as 
the Anti-Money Laundering Act of 200 1 ; 
Illicit trafficking of Narcotic Drugs and Psychotropic substances and 
violations of Sections 3,4,5,7,8 and 9 of Article Two of the Republic Act No. 
6425, as amended, otherwise known as the Dangerous Drugs Act of 1972; 
Piracy on the high seas under the Act 3815, otherwise known as the Revised 
Penal Code, as amended and Presidential Decree No. 532; 
Kidnapping for ransom under Article 267 of the Revised Penal Code, as 
amended; 
Robbery and extortion under Articles 294,295,296,299,300,301, and 302 of 
the Revised Penal Code, as amended; 
Acts of Terrorism under United Nations Resolution 2625, October 1970 and 
the U.N. Security Council Resolution 11 89 of August 1998; 
Arms Smuggling under PD1866 as amended by RA 8294; 
Trafficking in Persons under the pertinent provisions of Republic Act 8043, 
known as the Inter-Country Adoption Act, Republic Act 6955, known as an 
Act Declaring as Illegal the Matching of Filipinos for Marriage to Foreign 
National for Fee or for Profit, Republic Act 8042, known as the Migrant 
Workers’ Act and under U.N. Convention Against Transnational Crime 
including its Protocols to Prevent, Suppress and Punish Trafficking in 
Persons, Especially Women and Children and Protocol Against Smuggling of 
Migrants by Land, Sea and Air; 
Illegal Gambling under Presidential Decree 1602; 
10. Prostitution under paragraph 5, Article 202 of the Revised Penal Code; 
11. Briberyhdirect Bribery under Article 210 and 211 of the Revised Penal 
Code; 
12. Violations of the pertinent provisions of Republic Act No. 3019, otherwise 
known as the Anti-Graft and Corrupt Practices Act; 
13. Plunder under Republic Act No. 7080 as amended; 
SECTION 4. Prohibited Activities. - It shall be unlawful for any person to: 
a. 
b. 
Knowingly commit any of the crimes or series or combination of two or more 
crimes enumerated under paragraph (8) Section 3 of this Act with an organized 
crime group as herein defined for the purpose relating directly or indirectly to the 
obtaining of a financial or other material benefit; 
Facilitates in any way the provision of property or financial and related services to 
the commission of organized crime as provided in this Act, without prejudice to 
the provisions under Republic Act 9 160, otherwise known as the Anti-Money; 


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C. 
d. 
e. 
Harbor or conceal, for the purpose of relating directly or indirectly to the 
obtaining of a financial or other material benefit, any person or group she has 
information to be or is about to commit in concert with an organized crime group 
as herein defined, any single or series or combination of two or more offences 
enumerated herein; 
Conspire of propose to commit any of the above-mentioned; 
Knowingly do any other acts knowing that his participation would contribute to 
the achievement of the above-described criminal acts. 
SECTION 5. Creation of National Anti-Organized Crime Commission. - The 
National Anti-Organized Crime Commission is hereby created and shall be composed of the 
Secretary of the Department of Justice as Chairman, the Secretary of Interior and Local 
Government, Secretary of National Defense, Secretary of Foreign Affairs, the Chief of Staff 
of the Armed Forces of the Philippines, Director-General of the Philippine National Police, 
Executive Director of the Philippine Center on Transnational Crime, Director of the National 
Bureau of Investigation, and the Commissioner of Bureau of Immigration and Deportation as 
members . 
SECTION 6. Powers and Functions of the Commission. - The National Anti- 
Organized Crime Commission shall have the following powers and functions; 
a. 
b. 
C. 
d. 
e. 
f. 
g- 
h. 
1. 
j. 
k. 
1. 
Prepare and implement fast track anti-crime action agenda and adopt appropriate 
measures to ensure an effective and efficient anti-crime drive; 
Orchestrate and synchronize the conduct of intelligence and counter-intelligence 
to identi@ syndicates, members thereof and their cohorts who are involved in 
criminal activities; 
Cause or direct the immediate arrest, investigation and speedy prosecution of 
crime syndicates, members thereof and their cohorts, with due regard to 
constitutional processes; 
Refer the cases at hand to the Department of Justice, and or other appropriate law 
enforcement agencies for investigation or prosecution, as the case may be; 
Follow up the progress of on-going investigation taken cognizance of by the Task 
Forces; 
Select and recruit personnel from within the PNP, the AFP, NBI and other law 
enforcement agencies for assignment to the Task Forces subject to the conformity 
of the agency concerned; 
Enlist the assistance of any department, bureau, office, agency or instrumentality 
of the Government, including government-owned and/or controlled corporations 
in the anti-crime drive, which may include the use of their personnel, facilitates 
and resolute prevention, detection and investigation of crimes and prosecution of 
their perpetrators; 
Subject to the existing laws, grant monetary rewards or incentives to informants 
giving vital information leading to the successful prosecution of criminal 
offenders and corrupt government officials; 
Coordinate with the Witness Protection Security and Benefit Program Committee 
of the Department of Justice to evaluate and asses witness who may qualify under 
the provision; 
Recruit civilian personnel and enlist their services for intelligence gathering 
efforts; 
Coordinate and establish cooperation with other agencies in foreign States; 
Any other legal acts incidental to its primary functions. 
SECTION 7. Jurisdiction. - The Regional Trial Courts shall have jurisdiction over 
prosecutions under this Act and applications for forfeiture including petitions for temporary 
restraining order (TRO) or injunction. Those committed by public officers and private 


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persons who are in conspiracy with such public officers shall be under the jurisdiction of the 
S andiganb ayan. 
Any person may be charged with and convicted of any of the prohibited acts provided 
in Section 4 hereof without prejudice with the prosecution with the prosecution of any act or 
acts considered as the unlawful activities as herein defined. 
Any person injured in his person, business of property by reason of violation of any of 
the prohibited acts provided in Section 4, or his heirs, may file appropriate actions in the 
proper court and shall recover threefold the damages he sustains and the cost of the suit, 
including reasonable attorney fees. 
Actions on offenses involving organized crime or for any other violations of this Act 
shall not be covered by the Statute of Limitations and such they may be filed any time after 
the occurrence of the cause of action. 
SECTION 8. Prohibition against Political, Religious and Racial Harassment. - 
This Act shall not in a way be used as an instrument for political, religious or racial 
harassment or persecution, or a means to violate the constitutional rights of a person or 
persons to form unions, associations, or societies for purposes not contrary to law. 
SECTION 9. Confiscation and Seizure - Upon filing of the information of the 
organized crime, the court may, motu propio or upon verified motion of the Commission, 
issue temporary restraining order, writ of injunction, writ of attachment of garnishment, or 
take other appropriate action for the tracking, seizure or destruction of the property, currency, 
financial instruments and any other proceeds of crime derived from offenses covered by this 
Act or property the value of which corresponds to that of such proceeds. 
Upon conviction of person under this Act and without prejudice to the provisions 
under Republic Act 9160, otherwise known as the Anti-Money Laundering Act, the court 
shall enter a judgment of forfeiture of the property, currency, financial instruments and to 
seize all property, currency and financial instruments and other proceeds of the crime ordered 
forfeited. 
SECTION 10. Restitution. - The court entering the judgment of confiscation, 
seizure and forfeiture, upon finality of the decision, shall hear petitions by victims of criminal 
acts provided herein for the restitution of property, other monetary instruments or 
compensation. 
Where there has been an acquittal from allegation of the commission of prohibited 
Acts herein, the property or other monetary instruments shall be returned to the defendant or 
to the lawflil owner. 
SECTION 11. Arrest Without Warrant; - When a person suspected of committing 
a violation under Section 4 of this Act is arrested without warrant in accordance with Section 
6 of rule 113 of the Rules of Court, the authorities shall file the case against him before a 
competent court within thirty-six (36) hours following his arrest. No person arrested under 
this Section shall be detained for more than a period of thirty-six hours without filing 
appropriate charge or charges; otherwise he shall be released. 
SECTION 12. 
Witness Protection. - Any person who provides material 
information, whether testimonial or documentary, necessary for the investigation or 
prosecution of individual or groups or organization suspected or accused of committing any 
violation of criminal acts as provided herein shall be placed under the Witness Protection 
Program as provided under Republic Act 698 1. 


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SECTION 13. Law Enforcement Cooperation. - The Commission shall cooperate 
with their foreign counterpart, consistent with the respective domestic legal and 
administrative system, to enhance the effectiveness of law enforcement action to combat the 
organized crimes as herein provided and shall adopt effective measures: 
a. To enhance and, where necessary, to establish channels of communication in 
order to facilitate the secure and rapid change of information concerning all 
aspects of the organized crimes covered herein; 
b. To cooperate with other States in conducting inquiries with respect to offenses 
covered concerning: 
1. The identity, whereabouts and activities of persons suspected of involvement 
in such offenses or the location or other persons concerned; 
2. The movement of proceeds of crime or property derived from the commission 
of such crimes; 
3. The movement of property, equipment or other instrumentalities used or 
intended for use in the commission of such crimes. 
c. To facilitate effective coordination between their competent authorities, agencies 
and services and to promote the exchange of personnel and other experts, 
including, subject to bilateral agreements or arrangements with other States, the 
posting of liaison officers; 
d. To exchange information with other States on specific means and methods used 
by organized criminal groups, including, where applicable, routes and 
conveyances and the use of false identities, altered or false documents or other 
means of concealing their activities. 
SECTION 14. Mutual Assistance among States. - The Philippine Government, 
through NACC shall coordinate with other States, for mutual legal assistance in investigation, 
prosecutions and judicial proceedings in relation to the crimes covered under this Act, and 
shall reciprocally extend to foreign States similar assistance. 
Mutual legal assistance may be requested by the Philippine Government, through the 
NACC, to a foreign Party State or States, when the former has reasonable ground to suspect 
that the offense referred to under this Act, is transnational in nature, including that victims, 
witnesses, proceeds, instrumentalities or evidence of such offenses are located in the 
requested Party State. Same nature of assistance shall be afforded to the requesting Party 
State under the existing relevant laws, treaties, agreements and arrangement with the 
requesting Party State. 
Mutual legal assistance to be afforded in accordance with this Section may be for any 
of the following purposes: 
a. Taking evidence or statements from persons; 
b. Effecting service of judicial documents; 
c. Executing searches and seizures, and freezing; 
d. Examining objects and sites; 
e. Providing information, evidentiary items and experts evaluation; 
f. Providing originals or certified copies of relevant documents and records, 
including government, bank, financial, corporate or business records; 
g. Identifying or tracing proceeds of crime, property, instrumentalities of other things 
for evidentiary purposes; 
h. Facilitating the voluntary appearance of persons in requesting State Party; 


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i. Any other type of assistance that is not contrary to the domestic law of the foreign 
Party State. 
A request for mutual legal assistance shall contain: 
a. 
b. 
C. 
d. 
e. 
f. 
The identity of the authority making the request; 
The subject mater and nature of the investigation, prosecution or judicial 
proceeding to which the request relates and the name and fimctions of the 
authority conducting the investigation, prosecution of judicial proceeding; 
A summary of the relevant facts, except in relation to requests for the purpose of 
service of judicial documentation; 
A description for the assistance sought and details of any particular procedure that 
the requesting State party to be followed; 
Where possible, the identity, location and nationality of any person concerned; 
and 
The purpose for which the evidence, information or action is sought. 
Mutual legal assistance may be refused: 
a. 
b. 
C. 
d. 
If the request is not made in conformity with the provisions of this Section and 
the implementing rules and regulations; 
If the Commission considers that execution of the request is likely to prejudice its 
sovereignty, security, ordre public, or other essential interests; 
If the Commission would be prohibited by Philippine laws fiom carrying out the 
actions requested with regard to any similar offense, had it been subject to 
investigation, prosecution or judicial proceedings under the requesting State’s 
own jurisdiction; 
If it would be contrary to the legal system of the Philippines relating to mutual 
legal assistance for the request to be granted. 
The Philippines shall negotiate for the inclusion of organized crimes as provided in 
this Act as among extraditable offenses in all future treaties. 
SECTION 15. Penal Provisions. - The penalty of life imprisonment to death shall 
be imposed upon a person convicted of violation of Section 4(a) of this Act. If the penalty 
imposed is life imprisonment, a fine of Ten Million Pesos (P10,000,000.00) shall be 
imposed. 
The penalty of imprisonment ranging from Twenty (20) years and One (1) day to 
Thirty (30) years and a fine of Eight Million Pesos (P8,000,000.00) shall be imposed upon 
person convicted of violation of Section 4(b) of this Act. 
The penalty of imprisonment ranging from Fifteen (15) years and One (1) day to 
Twenty (20) years and a fine of Six Million Pesos (P6,000,000.00) shall be imposed upon a 
person convicted of violation of Section 4(c) of this Act. 
The penalty of imprisonment ranging from Ten (10) years and One (1) day to Fifteen 
(15) years and a fine of Four Million Pesos (4,000,000.00) shall be imposed upon a person 
convicted of violation of Section 4(d) of this Act. 
The penalty of imprisonment ranging from Five (5) years and One (1) day to Ten (10) 
years and a fine of Two Million Pesos (2,000,000.00) Pesos shall be imposed upon person 
convicted of violation of Section 4(e) of this Act. 


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The penalties herein applied shall be without prejudice to the penalties applied to 
crime or crimes committed under paragraph (e) of Section 3 of this Act. 
SECTION 16. Implementing Rules and Regulations. - Within thirty (30) days 
from the effectivity of this Act, the National Anti-Organized Crime Commission shall 
promulgate the rules and regulations to implement effectively the provisions of this Act. 
Other pertinent measures relating to the cooperation, coordination and extradition 
treaties with other States in preventing, combating and prosecution of organized crime and 
bringing perpetrators to justice shall be included in the promulgation of the rules and 
regulations. 
SECTION 17. Congressional Oversight Committee. - There is hereby created a 
Congressional Oversight Committee composed of seven (7) members from the Senate and 
seven members (7) from the House of Representatives. The members from the Senate shall 
be appointed by the Senate President based on the proportional representation of the parties 
or coalitions therein with at least two (2) Senators representing the minority. Members from 
the House of Representatives shall be appointed by the Speaker also based on proportional 
representation of the parties or coalitions therein with at least two (2) members representing 
the minority. 
The Oversight Committee shall have the power to promulgate its own rules, to 
oversee the implementation of this Act, and to review or revise the implementing rules issued 
by the National Anti-Organized Crime Council within thirty (30) days from the promulgation 
of the said rules. 
SECTION 18. 
Appropriations Clause. - The National Anti-Organized Crime 
Commission shall be provided with an initial appropriations of Thirty Million Pesos 
(P30,000,000.00) to be drawn form the national government. 
Appropriations for the 
succeeding years shall be included in the General Appropriations Act. 
SECTION 19. Repealing Clause. - Any law, decree, executive order, rules or 
regulations or parts thereof inconsistent with the provisions of this Act is hereby repealed or 
modified accordingly. 
SECTION 20. Separability Clause. - If any part, provision or section of this Act, or 
the application thereof to any person or circumstance, is held to be invalid, the other 
provisions and sections of this Act, and the application of such provision or section to other 
persons or circumstances shall not be affected thereby. 
SECTION 21. 
complete its publication 
general circulation. 
Approved, 
Effectivity. - This Act shall take effect fifteen (15) days after its 
in the OfJiciaZ Gazette or in at least two (2) national newspapers of