Republic of The Philippines Metro Manila Twelfth Congress First Regular Session
Republic of The Philippines Metro Manila Twelfth Congress First Regular Session
Republic of The Philippines Metro Manila Twelfth Congress First Regular Session
H. No. 3083
S. No. 1745
Twelfth Congress
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(8) Qualified theft under Article 310 of the Revised Penal Code,
as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as
amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known
as the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the Revised Penal Code,
as amended, including those perpetrated by terrorists against non-
combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic
Act No. 8799, otherwise known as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable
under the penal laws of other countries.
SEC. 4. Money Laundering Offense. – Money laundering is a
crime whereby the proceeds of an unlawful activity are transacted, thereby
making them appear to have originated from legitimate sources. It is
committed by the following:
(a) Any person knowing that any monetary instrument or
property represents, involves, or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said monetary instrument or
property.
(b) Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity, performs or fails
to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and filed with the Anti-
Money Laundering Council (AMLC), fails to do so.
SEC. 5. Jurisdiction of Money Laundering Cases. – The regional
trial courts shall have jurisdiction to try all cases on money laundering.
Those committed by public officers and private persons who are in
conspiracy with such public officers shall be under the jurisdiction of the
Sandiganbayan.
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order of the AMLC may be extended upon order of the court, provided
that the fifteen (15)-day period shall be tolled pending the court’s decision
to extend the period.
No court shall issue a temporary restraining order or writ of
injunction against any freeze order issued by the AMLC except the Court
of Appeals or the Supreme Court.
SEC . 11. Authority to Inquire into Bank Deposits. –
Notwithstanding the provisions of Republic Act No. 1405, as amended;
Republic Act No. 6426, as amended; Republic Act No. 8791, and other
laws, the AMLC may inquire into or examine any particular deposit or
investment with any banking institution or non-bank financial institution
upon order of any competent court in cases of violation of this Act when
it has been established that there is probable cause that the deposits or
investments involved are in any way related to a money laundering offense:
Provided, That this provision shall not apply to deposits and investments
made prior to the effectivity of this Act.
to a penalty of six (6) months to four (4) years imprisonment and a fine of
not less than One hundred thousand Philippine pesos (Php100, 000.00)
but not more than Five hundred thousand Philippine pesos (Php500, 000.00),
at the discretion of the court: Provided, That the offender is not entitled to
avail the benefits of the Probation Law.
If the offender is a corporation, association, partnership or any
juridical person, the penalty shall be imposed upon the responsible officers,
as the case may be, who participated in the commission of the crime or
who shall have knowingly permitted or failed to prevent its commission. If
the offender is a juridical person, the court may suspend or revoke its
license. If the offender is an alien, he shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving
the penalties herein prescribed. If the offender is a public official or
employee, he shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case
may be.
Any public official or employee who is called upon to testify and
refuses to do the same or purposely fails to testify shall suffer the same
penalties prescribed herein.
(d) Breach of Confidentiality. The punishment of imprisonment
ranging from three (3) to eight (8) years and a fine of not less than Five
hundred thousand Philippine pesos (Php500,000.00) but not more than
One million Philippine pesos (Php1,000,000.00), shall be imposed on a
person convicted for a violation under Section 9(c).
SEC. 15. System of Incentives and Rewards. – A system of special
incentives and rewards is hereby established to be given to the appropriate
government agency and its personnel that led and initiated an investigation,
prosecution and conviction of persons involved in the offense penalized
in Section 4 of this Act.
SEC. 16. Prohibitions Against Political Harassment. – This Act
shall not be used for political persecution or harassment or as an instrument
to hamper competition in trade and commerce.
No case for money laundering may be filed against and no assets
shall be frozen, attached or forfeited to the prejudice of a candidate for an
electoral office during an election period.
SEC. 17. Restitution. – Restitution for any aggrieved party shall
be governed by the provisions of the New Civil Code.
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Approved:
GLORIA MACAPAGAL-ARROYO
President of the Philippines