Criminal Syndicate (English)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

________________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
________________________________________________________________________

EXPLANATORY NOTE

This bill seeks to prohibit membership in a criminal syndicate and make such membership a criminal offense.

The rising incidence of crime is a pervasive problem at the national level. According to the Economic and Social database of the Philippine Institute for Development Studies, the average monthly crime rate of the Philippines in December 2006 was 5.73%. This has escalated to 7.19% by March 2007. The disturbing rise in violent crime is attributable in part to the spread of criminal syndicates and the willingness of criminal syndicate members to commit acts of violence and fraud.

Criminal syndicates commit acts of violence and fraud for numerous motives, such as to protect “criminal syndicate” territory, and to obtain profit through illegal activities. The presence of criminal syndicates and the consequent perpetration of crimes has a negative effect at the national level because it directly affects the freedom and security of communities plagued by the illegal activities of such criminal syndicates. Further, the proliferation of criminal syndicates inhibits the desire of national and multinational corporations to invest and/or transact business in the Philippines, ultimately affecting socio-economic growth in our country.

The proliferation of criminal syndicates and perpetration of crimes can be stopped by imposing sanctions and/or penalize membership in such criminal organizations. While the freedom to form and join unions, associations, or societies is protected under the Bill of Rights in our Constitution,( Act 3 Section 8) said unions, associations, or societies must not be for purposes contrary to law. The proposed bill therefor defines what a criminal syndicate is and prohibits membership therein.

Hence, approval of this bill is earnestly sought.



EDUARDO NONATO N. JOSON



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

________________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
________________________________________________________________________

AN ACT
PROHIBITING MEMBERSHIP IN A CRIMINAL SYNDICATE, IMPOSING A PENALTY THEREFOR AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION. 1. Title. - This act shall be known as “The Anti-Criminal Syndicate Law”.

SECTION 2. Definition of Terms- For purposes of this Act, the following terms shall be defined as follows:
a) Criminal syndicate - a group/affiliation of three(3)or more persons engaged in crimes or in control of criminal activities punishable under the Revised Penal Code(RPC) or other special laws. Such criminal syndicates are duly identified as such by police authorities and made known to the general public by the publication of wanted posters or other similar dissemination using mass media or other means.
b) Membership – means to join, affiliate or otherwise engage in or participate in criminal activities perpetrated by a criminal syndicate as defined herein.

SECTION 3. Punishable Act/Penalty - Membership in a criminal syndicate is hereby prohibited and any violation hereof shall be punished with imprisonment of three (3) years and a fine of fifty thousand pesos(Php50,000.00).

SECTION 4. Separability Clause – If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 5. Repealing Clause – All laws, decrees, orders, rules and regulations or other issuances inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SECTION 6. Effectivity - This act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,