Anti Money Laundering Law

I.
Laws Relating to Anti-Money Laundering Law, Plunder, Corruption and Bouncing Check
1. ANTI MONEY LAUNDERING LAW
1. What is money laundering?
Money laundering is an act or series or combination of acts whereby proceeds of an unlawful activity, whether
in cash, property or other assets, are converted, concealed or disguised to make them appear to have originated
from legitimate sources. One way of laundering money is through the financial system.  
Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001 (AMLA), as amended,
defined money laundering as a scheme whereby proceeds of an unlawful activity are transacted or attempted to
be transacted, thereby making them appear to have originated from legitimate sources.
2. What has the Philippine government done to curb money laundering?
The government enacted Republic Act (R.A.) No. 9160 (The Anti-Money Laundering Act of 2001), which took
effect on 17 October 2001. Certain provisions of AMLA were amended by R.A. No. 9194(An Act Amending R.A.
9160) effective 23 March 2003. It has also issued the Revised Implementing Rules and Regulations (RIRR)
implementing R.A. No. 9160, as amended.
3. What are considered unlawful activities under the AMLA, as amended?  
There are 14 unlawful activities or predicate crimes covered by the AMLA. These are,  in the order enumerated
in the law:
 Kidnapping for ransom

 Drug offenses
 Graft and corrupt practices
 Plunder
 Robbery and extortion
 Jueteng and masiao
 Piracy on the high seas
 Qualified theft
 Swindling
 Smuggling
 Electronic Commerce crimes
 Hijacking, destructive arson and murder, including those perpetrated against non-combatant persons
(terrorist acts)
 Securities fraud
 Felonies or offenses of a similar nature punishable under penal laws of other  countries
4. How is money laundered through the financial system?
Placement – involves initial placement or introduction of the illegal funds into the financial system. Financial
institutions are usually used at this point.
Layering – involves a series of financial transactions during which the dirty money is passed through a series of
procedures, putting layer upon layer of persons and financial activities into the laundering process. Ex. wire
transfers, use of shell corporations, etc.
Integration – the money is once again made available to the criminal with the occupational and geographic
origin obscured or concealed. The laundered funds are now integrated back into the legitimate economy
through the purchase of properties, businesses and other investments.
5. Why is Money laundering a problem?
Money laundering allows criminals to preserve and enjoy the proceeds of their crimes, thus providing them with
the incentives and the means to continue their illegal activities. At the same time, it provides them the
opportunity to appear in public like legitimate entrepreneurs. Organized crime, through money laundering, is
known to have the capacity to destabilize governments and undermine their financial systems. It is thus a threat
to national security.
6. What are the salient features of the law?
 It criminalizes money laundering, meaning it makes money laundering a crime, and  provides penalties
for its commission, including hefty fines and imprisonment.
 It states clearly the determination of the government to prevent the Philippines from becoming a haven
for money laundering, while ensuring to preserve the integrity and confidentiality of good bank
accounts.
 It creates an Anti-Money Laundering Council (AMLC) that is tasked to oversee the implementation of the
law and to act as a financial intelligence unit to receive and analyze covered and suspicious transaction
reports.
 It establishes the rules and the administration process for the prevention, detection and prosecution of
money laundering activities.
 It relaxes the bank deposit secrecy laws authorizing the AMLC and the Bangko Sentral ng Pilipinas access
to deposit and investment accounts in specific circumstances.
 It requires covered institutions to report covered and suspicious transactions and to cooperate with the
government in prosecuting offenders. It also requires them to know their customers and to safely keep
all records of their transactions.
 It carries provisions to protect innocent parties by providing penalties for causing the disclosure to the
public of confidential information contained in the covered and suspicious transactions.
 It establishes procedures for international cooperation and assistance in the apprehension and
prosecution of money laundering suspects.
7. What is the Anti-Money Laundering Council (AMLC)? What are its powers?
The AMLC is the Philippines’ financial intelligence unit, which is tasked to implement the AMLA. It is composed
of the Governor of the Bangko Sentral ng Pilipinas (BSP) as Chairman & the Commissioner of the Insurance
Commission (IC) and the Chairman of the Securities and Exchange Commission (SEC) as members.  The AMLC is
authorized to:
 Require and receive covered or suspicious transaction reports from covered institutions.
 Issue orders to determine the true identity of the owner of any monetary instrument or property that is
the subject of a covered or suspicious transaction report, and to request the assistance of a foreign
country if the Council believes it is necessary.
 Institute civil forfeiture and all other remedial proceedings through the Office of the Solicitor General.
 Cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of
money laundering offenses.
 Investigate suspicious transactions, covered transactions deemed suspicious, money laundering activities
and other violations of the AMLA.
 Secure the order of the Court of Appeals to freeze any monetary instrument or property alleged to be
the proceeds of unlawful activity.
 Implement such measures as may be necessary and justified to counteract money laundering.
 Receive and take action on any request from foreign countries for assistance in their own anti-money
laundering operations.
 Develop educational programs to make the public aware of the pernicious effects of money laundering
and how they can participate in bringing the offenders to the fold of the law.
 Enlist the assistance of any branch of government for the prevention, detection and investigation of
money laundering offenses and the prosecution of offenders. In this connection, the AMLC can require
intelligence agencies of the government to divulge any information that will facilitate the work of the
Council in going after money launderers.
 Impose administrative sanctions on those who violate the law, and the rules, regulations, orders and
resolutions issued in connection with the enforcement of the law.
8. What are the covered institutions?
 Banks, offshore banking units, quasi-banks, trust entities, non-stock savings and loan associations,
pawnshops, and all other institutions, including their subsidiaries and affiliates supervised and/or
regulated by the Bangko Sentral ng Pilipinas (BSP)
 Insurance companies, holding companies and all other institutions supervised or regulated by the
Insurance Commission (IC)
 Securities dealers, brokers, pre-need companies, foreign exchange corporations, investment houses,
trading advisers, as well as other entities supervised or regulated by the Securities and Exchange
Commission (SEC)
9. What are the Customer Identification Requirements – KYC (Know Your Customer Rule)?
Covered institutions shall:
 Establish and record the true identity of their clients based on official documents.
 In case of individual clients, maintain a system of verifying the true identity of their clients.
 In case of corporate clients, require a system verifying their legal existence and organizational structure,
as well as the authority and identification of all persons purporting to act in their behalf.
 Establish appropriate systems and methods based on internationally compliant standards and adequate
internal controls for verifying and recording the true and full identify of their customers.
10. What are the Record-Keeping Requirements?
 All covered institutions shall:
 Maintain and safely store all records of all their transactions for five years from the transaction dates;
 Ensure that said records/files contain the full and true identity of the owners or holders of the accounts
involved in the covered transactions and all other identification documents;
 Undertake the necessary adequate measures to ensure the confidentiality of such files;
 Prepare and maintain documentation, in accordance with client identification requirements, on their
customer accounts, relationships and transactions such that any account, relationship or transaction can
be so reconstructed as to enable the AMLC and/or the courts to establish an audit trail for money
laundering;
 Maintain and safely store all records of existing and new accounts and of new transactions for 5 years
from October 17, 2001 or from the dates of the accounts or transactions, whichever is later;
 Anent closed accounts, preserve and safely store the records on customer identification, account files and
business correspondence for at least 5 years from the dates they were closed;
 If a money laundering case based on any record kept by the covered institution has been filed in court,
retain said files until it is confirmed that the case has been finally resolved or terminated by the court;
and
 Retain records as originals in such forms as are admissible in court
11. What are covered transactions?
Transaction in cash or other equivalent monetary instruments involving a total amount in excess of P500,
000.00 within one business day.
12. What are suspicious transactions?
 Transactions, regardless of the amount involved, where the following circumstances  exist:
a. there is no underlying legal or trade obligation, purpose or economic justification;

b. the client is not properly identified;
c. the amount involved is not commensurate with the business or financial capacity of the client;
d. taking into account all known circumstances, it may be perceived that the client’s  transaction is structured in
order to avoid being the subject of reporting requirements under the Act;
e. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or
the client’s past transactions with the covered institution;
f. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is
being or has been committed; or
g. any transaction that is similar or analogous to the foregoing.
13. What are the reporting requirements?
Covered institutions shall report to the AMLC all covered transactions and suspicious transactions within five
working days from occurrence thereof, unless the Supervision Authority (the Bangko Sentral ng Pilipinas, the
Securities and Exchange Commission, or the Insurance Commission) prescribes a longer period not exceeding ten
working days.  Should a transaction be determined to be both a covered transaction and a suspicious
transaction, it shall be reported as suspicious transaction.
14. How is reporting done?
The reports on covered and/or suspicious transactions shall be accomplished in the prescribed formats and
submitted within five business days from occurrence of the transactions in a secured manner to the AMLC in
electronic form, either via diskettes, leased lines, or through internet facilities. The corresponding hard copy for
suspicious transactions shall be sent to AMLC at the 5th Floor EDPC Building, Bangko Sentral ng Pilipinas
Complex, Manila, Philippines. All pawnshops should coordinate with the AMLC thru tel. nos. 523-4421, 521-
5662 or 302-3979 on reporting requirements, procedures and deadlines.
15. Are there sanctions for failure to report covered or suspicious transactions and non-compliance with R.A.
9160, as amended?
 Sanctions/penalties shall be imposed on pawnshops that will fail to comply with the provisions of R.A. 9160, as
amended.
16. What are the sanctions for failure to report covered or suspicious transactions?
Any person, required to report covered and suspicious transactions failed to do so will be subjected to penalty
of 6 months to 4 years imprisonment or a fine of not less than P100,000.00 but not more than P500,000.00, or
both.
17. Are there confidentiality restrictions on the reporting of covered transaction and/or suspicious transaction?
 When reporting covered transactions or suspicious transactions to the AMLC, covered institutions and their
officers and employees, are prohibited from communicating, directly or indirectly, in any manner or by any
means, to any person, entity, the media, the fact that a covered or suspicious transaction report was made, the
contents thereof, or any other information in relation thereto. Neither may such reporting be published or aired
in any manner or form by the mass media, electronic mail, or other similar devices. In case of violation thereof,
the concerned officer, and employee, of the covered institution, or media shall be held criminally liable.
18. What are the other offenses punishable under the AMLA, as amended?
a. Failure to keep records is committed by any responsible official or employee of a covered institution who fails
to maintain and safely store all records of transactions for 5 years from the dates the transactions were made or
when the accounts were closed.  The penalty is 6 months to 1 year imprisonment or a fine of not less than
P100,000.00 but not more than P500,000.00, or both.
b. Malicious reporting is committed by any person who, with malice or in bad faith, reports or files completely
unwarranted or false information regarding a money laundering transaction against any person.  The penalty is
6 months to 4 years imprisonment and a fine of not less than P100,000.00 but not more than P500,000.00.
The offender is not entitled to the benefits of the Probation Law.
c. Breach of Confidentiality. For this offense, the penalty is 3 to 8 years imprisonment and a fine of not less than
P500,000.00 but not more than P1 million. In case the prohibited information is reported by media, the
responsible reporter, writer, president, publisher, manager, and editor-in-chief are held criminally liable.
d. Administrative offenses. The AMLC, after due investigation, can impose fines from P100,000.00 to
P500,000.00 on officers and employees of covered institutions or any person who violates the provisions of the
AMLA, as amended, the Implementing Rules and Regulations, and orders and resolutions issued pursuant
thereto.
REPUBLIC ACT NO. 10167
AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE
PURPOSE SECTIONS 10 AND 11 OF REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY
LAUNDERING ACT OF 2001”, AS AMENDED, AND FOR OTHER PURPOSES
SECTION 1. Section 10 of Republic Act No. 9160, as amended, is hereby amended to read as follows:
“SEC. 10. Freezing of Monetary Instrument or Property. – Upon verified ex parte petition by the AMLC and
after determination that probable cause exists that any monetary instrument or property is in any way related to
an unlawful activity as defined in Section 3(i) hereof, the Court of Appeals may issue a freeze order, which shall
be effective immediately. The freeze order shall be for a period of twenty (20) days unless extended by the
court. In any case, the court should act on the petition to freeze within twenty-four (24) hours from filing of the
petition. If the application is filed a day before a nonworking day, the computation of the twenty-four (24)-
hour period shall exclude the nonworking days.”
“A person whose account has been frozen may file a motion to lift the freeze order and the court must resolve
this motion before the expiration of the twenty (20)-day original freeze order.”
“No court shall issue a temporary restraining order or a writ of injunction against any freeze order, except the
Supreme Court.”
SEC. 2. Section 11 of the same Act is hereby amended to read as follows:
“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, including related accounts, with any banking
institution or non-bank financial institution upon order of any competent court based on an ex parte application
in cases of violations of this Act, when it has been established that there is probable cause that the deposits or
investments, including related accounts involved, are related to an unlawful activity as defined in Section 3(i)
hereof or a money laundering offense under Section 4 hereof; except that no court order shall be required in
cases involving activities defined in Section 3(i)(1), (2), and (12) hereof, and felonies or offenses of a nature
similar to those mentioned in Section 3(i)(1), (2), and (12), which are Punishable under the penal laws of other
countries, and terrorism and conspiracy to commit terrorism as defined and penalized under Republic Act No.
9372.”
The Court of Appeals shall act on the application to inquire into or examine any deposit or investment with any
banking institution or non-bank financial institution within twenty-four (24) hours from filing of the
application.”
To ensure compliance with this Act, the Bangko Sentral ng Pilipinas may, in the course of a periodic or special
examination, check the compliance of a Covered institution with the requirements of the AMLA and its
implementing rules and regulations.”
For purposes of this section, ‘related accounts’ shall refer to accounts, the funds and sources of which originated
from and/or are materially linked to the monetary instrument(s) or property subject of the freeze order(s).”
A court order ex parte must first be obtained before the AMLC can inquire into these related Accounts: Provided
that the procedure for the ex parte application of the ex parte court order for the principal account shall be the
same with that of the related accounts.”
“The authority to inquire into or examine the main account and the related accounts shall comply with the
requirements of Article III, Sections 2 and 3 of the 1987 Constitution, which are hereby incorporated by
reference.”
SEC. 3. Separability Clause. – If any provision of this Act or the application thereof to any person or
circumstance is held to be void, or unconstitutional, any other provision not affected thereby shall remain in full
force and effect.
SEC. 4. Repealing Clause. – All laws, decrees, executive orders, rules and regulations or parts thereof as are
inconsistent with this Act are hereby repealed, amended or modified accordingly: Provided, that the penal
provisions shall not apply to acts done prior to the effectivity of the AMLA on October 17, 2001.
SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.
REPUBLIC ACT NO. 10365
AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF
2001”, AS AMENDED
SECTION 1. Section 3(a) of Republic Act No. 9160, as amended, is hereby amended to read as follows:
(a) ‘Covered persons’, natural or juridical, refer to:
(1) banks, non-banks, quasi-banks, trust entities, foreign exchange dealers, pawnshops, money changers,
remittance and transfer companies and other similar entities and all other persons and their subsidiaries and
affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP);
(2) insurance companies, pre-need companies and all other persons supervised or regulated by the Insurance
Commission (IC);
(3) (i) securities dealers, brokers, salesmen, investment houses and other similar persons managing securities or
rendering services as investment agent, advisor, or consultant, (ii) mutual funds, close-end investment
companies, common trust funds, and other similar persons, and (iii) other entities administering or otherwise
dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes and
other similar monetary instruments or property supervised or regulated by the Securities and Exchange
Commission (SEC);
(4) jewelry dealers in precious metals, who, as a business, trade in precious metals, for transactions in excess of
One million pesos (P1,000,000.00);
(5) jewelry dealers in precious stones, who, as a business, trade in precious stones, for transactions in excess of
One million pesos (P1,000,000.00);
(6) company service providers which, as a business, provide any of the following services to third parties: (i)
acting as a formation agent of juridical persons; (ii) acting as (or arranging for another person to act as) a
director or corporate secretary of a company, a partner of a partnership, or a similar position in relation to
other juridical persons; (iii) providing a registered office, business address or accommodation, correspondence or
administrative address for a company, a partnership or any other legal person or arrangement; and (iv) acting as
(or arranging for another person to act as) a nominee shareholder for another person; and
(7) persons who provide any of the following services:

(i) managing of client money, securities or other assets;
(ii) management of bank, savings or securities accounts;
(iii) organization of contributions for the creation, operation or management of companies; and
(iv) creation, operation or management of juridical persons or arrangements, and buying and selling business
entities.
“Notwithstanding the foregoing, the term ‘covered persons’ shall exclude lawyers and accountants acting as
independent legal professionals in relation to information concerning their clients or where disclosure of
information would compromise client confidences or the attorney-client relationship: Provided, That these
lawyers and accountants are authorized to practice in the Philippines and shall continue to be subject to the
provisions of their respective codes of conduct and/or professional responsibility or any of its amendments.”
SEC. 2. Section 3(i) of the same Act is hereby amended to read as follows:
(i) ‘Unlawful activity’ refers to any act or omission or series or combination thereof involving or having direct
relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as
amended;
(2) Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the
Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as
amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 and Other Forms of Swindling under Article 316 of the Revised Penal Code, as
amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations of 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;
(13) Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3 and 4 of Republic
Act No. 9372;
(14) Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of Republic Act
No. 10168, otherwise known as the Terrorism Financing Prevention and Suppression Act of 2012:
(15) Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and Corruption of Public
Officers under Article 212 of the Revised Penal Code, as amended;
(16) Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215 and 216 of the Revised Penal
Code, as amended;
(17) Malversation of Public Funds and Property under Articles 217 and 222 of the Revised Penal Code, as
amended;
(18) Forgeries and Counterfeiting under Articles 163, 166, 167, 168, 169 and 176 of the Revised Penal Code, as
amended;
(19) Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons
Act of 2003;
(20) Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 705, otherwise known as the
Revised Forestry Code of the Philippines, as amended;
(21) Violations of Sections 86 to 106 of Chapter VI, of Republic Act No. 8550, otherwise known as the
Philippine Fisheries Code of 1998;
(22) Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as the Philippine
Mining Act of 1995;
(23) Violations of Section 27(c), (e), (f), (g) and (i), of Republic Act No. 9147, otherwise known as the Wildlife
Resources Conservation and Protection Act;
(24) Violation of Section 7(b) of Republic Act No. 9072, otherwise known as the National Caves and Cave
Resources Management Protection Act;
(25) Violation of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act of 2002, as amended;
(26) Violations of Sections 1, 3 and 5 of Presidential Decree No. 1866, as amended, otherwise known as the
decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of
Firearms, Ammunition or Explosives;
(27) Violation of Presidential Decree No. 1612, otherwise known as the Anti-Fencing Law;
(28) Violation of Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas
Filipinos Act of 1995, as amended by Republic Act No. 10022;
(29) Violation of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines;
(30) Violation of Section 4 of Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism
Act of 2009;
(31) Violation of Section 4 of Republic Act No. 9775, otherwise known as the Anti-Child Pornography Act of
2009;
(32) Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610, otherwise
known as the Special Protection of Children Against Abuse, Exploitation and Discrimination;
(33) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities
Regulation Code of 2000; and
(34) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.”
SEC. 3. Section 3 of the same Act shall have new paragraphs (j) and (k).
“(j) Precious metals’ shall mean gold, silver, platinum, palladium, rhodium, ruthenium, iridium and osmium.
These include alloys of precious metals, solders and plating chemicals such as rhodium and palladium plating
solutions and potassium gold cyanide and potassium silver cyanide and silver cyanide in salt solution.
“(k) ‘Precious stones’ shall mean diamond, ruby, emerald, sapphire, opal, amethyst, beryl, topaz, and garnet
that are used in jewelry making, including those formerly classified as semi-precious stones.”
“SEC. 4. Money Laundering Offense. – Money laundering is committed by any person who, knowing that any
monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity:
“(a) transacts said monetary instrument or property;
“(b) converts, transfers, disposes of, moves, acquires, possesses or uses said monetary instrument or property;
“(c) conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights with
respect to said monetary instrument or property;
“(d) attempts or conspires to commit money laundering offenses referred to in paragraphs (a), (b) or (c);
“(e) aids, abets, assists in or counsels the commission of the money laundering offenses referred to in paragraphs
(a), (b) or (c) above; and
“(f) performs or fails to perform any act as a result of which he facilitates the offense of money laundering
referred to in paragraphs (a), (b) or (c) above.
“Money laundering is also committed by any covered person who, knowing that a covered or suspicious
transaction is required under this Act to be reported to the Anti-Money Laundering Council (AMLC), fails to do
so.”
SEC. 5. Section 6(a) of the same Act is hereby amended to read as follows:
“SEC. 6. Prosecution of Money Laundering. –
“(a) Any person may be charged with and convicted of both the offense of money laundering and the unlawful
activity as herein defined.
“(b) The prosecution of any offense or violation under this Act shall proceed independently of any proceeding
relating to the unlawful activity.”
“SEC. 7. Creation of Anti-Money Laundering Council (AMLC). – The Anti-Money Laundering Council is hereby
created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as Chairman, the
Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission, as
members. The AMLC shall act unanimously in the discharge of its functions as defined hereunder:
“(6) to apply before the Court of Appeals, ex parte, for the freezing of any monetary instrument or property
alleged to be laundered, proceeds from, or instrumentalities used in or intended for use in any unlawful activity
as defined in Section 3(i) hereof;
“(12) to require the Land Registration Authority and all its Registries of Deeds to submit to the AMLC, reports
on all real estate transactions involving an amount in excess of Five hundred thousand pesos (P500,000.00)
within fifteen (15) days from the date of registration of the transaction, in a form to be prescribed by the AMLC.
The AMLC may also require the Land Registration Authority and all its Registries of Deeds to submit copies of
relevant documents of all real estate transactions.”
SEC. 7. Section 9(c), paragraphs 1 and 4 of the same Act are hereby amended to read as follows:
“SEC. 9. Prevention of Money Laundering; Customer Identification Requirements and Record Keeping. –
“(c) Reporting of Covered and Suspicious Transactions. – Covered persons shall report to the AMLC all covered
transactions and suspicious transactions within five (5) working days from occurrence thereof, unless the AMLC
prescribes a different period not exceeding fifteen (15) working days.
“Lawyers and accountants acting as independent legal professionals are not required to report covered and
suspicious transactions if the relevant information was obtained in circumstances where they are subject to
professional secrecy or legal professional privilege.
“When reporting covered or suspicious transactions to the AMLC, covered persons and their officers and
employees are prohibited from communicating, directly or indirectly, in any manner or by any means, to any
person or entity, the media, the fact that a covered or suspicious transaction has been reported or is about to be
reported, the contents of the report, or any other information in relation thereto. Neither may such reporting
be published or aired in any manner or form by the mass media”, electronic mail, or other similar devices. In
case of violation thereof, the concerned officer and employee of the covered person and media shall be held
criminally liable.”
SEC. 8. Section 10 of the same Act, as amended by Republic Act No. 10167, is hereby amended to read as
follows:
“SEC. 10. Freezing of Monetary Instrument or Property. – Upon a verified ex parte petition by the AMLC and
after determination that probable cause exists that any monetary instrument or property is in any way related to
an unlawful activity as defined in Section 3(i) hereof, the Court of Appeals may issue a freeze order which shall
be effective immediately, and which shall not exceed six (6) months depending upon the circumstances of the
case: Provided, That if there is no case filed against a person whose account has been frozen within the period
determined by the court, the freeze order shall be deemed ipso facto lifted: Provided, further, That this new rule
shall not apply to pending cases in the courts. In any case, the court should act on the petition to freeze within
twenty-four (24) hours from filing of the petition. If the application is filed a day before a nonworking day, the
computation of the twenty-four (24)-hour period shall exclude the nonworking days.
“A person whose account has been frozen may file a motion to lift the freeze order and the court must resolve
this motion before the expiration of the freeze order.
“No court shall issue a temporary restraining order or a writ of injunction against any freeze order, except the
Supreme Court.”
“(a) Civil Forfeiture. – Upon determination by the AMLC that probable cause exists that any monetary
instrument or property is in any way related to an unlawful activity as defined in Section 3(i) or a money
laundering offense under Section 4 hereof, the AMLC shall file with the appropriate court through the Office of
the Solicitor General, a verified ex parte petition for forfeiture, and the Rules of Court on Civil Forfeiture shall
apply.
“The forfeiture shall include those other monetary instrument or property having an equivalent value to that of
the monetary instrument or property found to be related in any way to an unlawful activity or a money
laundering offense, when with due diligence, the former cannot be located, or it has been substantially altered,
destroyed, diminished in value or otherwise rendered worthless by any act or omission, or it has been
concealed, removed, converted, or otherwise transferred, or it is located outside the Philippines or has been
placed or brought outside the jurisdiction of the court, or it has been commingled with other monetary
instrument or property belonging to either the offender himself or a third person or entity, thereby rendering
the same difficult to identify or be segregated for purposes of forfeiture.
“(b) Claim on Forfeited Assets. – Where the court has issued an order of forfeiture of the monetary instrument
or property in a criminal prosecution for any money laundering offense defined under Section 4 of this Act, the
offender or any other person claiming an interest therein may apply, by verified petition, for a declaration that
the same legitimately belongs to him and for segregation or exclusion of the monetary instrument or property
corresponding thereto. The verified petition shall be filed with the court which rendered the judgment of
forfeiture, within fifteen (15) days from the date of the finality of the order of forfeiture, in default of which the
said order shall become final and executor. This provision shall apply in both civil and criminal forfeiture.
“(c) Payment in Lieu of Forfeiture. – Where the court has issued an order of forfeiture of the monetary
instrument or property subject of a money laundering offense defined under Section 4, and said order cannot be
enforced because any particular monetary instrument or property cannot, with due diligence, be located, or it
has been substantially altered, destroyed, diminished in value or otherwise rendered worthless by any act or
omission, directly or indirectly, attributable to the offender, or it has been concealed, removed, converted, or
otherwise transferred to prevent the same from being found or to avoid forfeiture thereof, or it is located
outside the Philippines or has been placed or brought outside the jurisdiction of the court, or it has been
commingled with other monetary instruments or property belonging to either the offender himself or a third
person or entity, thereby rendering the same difficult to identify or be segregated for purposes of forfeiture, the
court may, instead of enforcing the order of forfeiture of the monetary instrument or property or part thereof
or interest therein, accordingly order the convicted offender to pay an amount equal to the value of said
monetary instrument or property. This provision shall apply in both civil and criminal forfeiture.”
SEC. 10. Section 14 of the same Act, as amended, is hereby further amended to read as follows:
“SEC. 14. Penal Provisions. – (a) Penalties for the Crime of Money Laundering. The penalty of imprisonment
ranging from seven (7) to fourteen (14) years and a fine of not less than Three million Philippine pesos
(Php3,000,000.00) but not more than twice the value of the monetary instrument or property involved in the
offense, shall be imposed upon a person convicted under Section 4(a), (b), (c) and (d) of this Act.
“The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One million five
hundred thousand Philippine pesos (Php1,500,000.00) but not more than Three million Philippine pesos
(Php3,000,000.00), shall be imposed upon a person convicted under Section 4(e) and (f) of this Act.
“The penalty of imprisonment from six (6) months to four (4) years or 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), or both, shall be imposed on a person convicted under the last paragraph of Section 4 of this
Act.
“(e) The penalty of imprisonment ranging from four (4) to seven (7) years and a fine corresponding to not
more than two hundred percent (200%) of the value of the monetary instrument or property laundered shall
be imposed upon the covered person, its directors, officers or personnel who knowingly participated in the
commission of the crime of money laundering.
“(f) Imposition of Administrative Sanctions. The imposition of the administrative sanctions shall be without
prejudice to the filing of criminal charges against the persons responsible for the violation.
“After due notice and hearing, the AMLC shall, at its discretion, impose sanctions, including monetary penalties,
warning or reprimand, upon any covered person, its directors, officers, employees or any other person for the
violation of this Act, its implementing rules and regulations, or for failure or refusal to comply with AMLC
orders, resolutions and other issuances. Such monetary penalties shall be in amounts as may be determined by
the AMLC to be appropriate, which shall not be more than Five hundred thousand Philippine pesos
(P500,000.00) per violation.
“The AMLC may promulgate rules on fines and penalties taking into consideration the attendant circumstances,
such as the nature and gravity of the violation or irregularity.
“(g) The provision of this law shall not be construed or implemented in a manner that will discriminate against
certain customer types, such as politically-exposed persons, as well as their relatives, or against a certain religion,
race or ethnic origin, or such other attributes or profiles when used as the only basis to deny these persons access
to the services provided by the covered persons. Whenever a bank, or quasi-bank, financial institution or
whenever any person or entity commits said discriminatory act, the person or persons responsible for such
violation shall be subject to sanctions as may be deemed appropriate by their respective regulators.”
SEC. 11. New sections are hereby inserted after Section 19 of the same Act, as amended, to read as follows:
“SEC. 20. Non-intervention in the Bureau of Internal Revenue (BIR) Operations. – Nothing contained in this Act
nor in related antecedent laws or existing agreements shall be construed to allow the AMLC to participate in any
manner in the operations of the BIR.”
“SEC. 21. The authority to inquire into or examine the main account and the related accounts shall comply with
the requirements of Article III, Sections 2 and 3 of the 1987 Constitution, which are hereby incorporated by
reference. Likewise, the constitutional injunction against ex post facto laws and bills of attainder shall be
respected in the implementation of this Act.”
SEC. 12. The succeeding sections are hereby renumbered accordingly.

SEC. 13. Separability Clause. – If any provision of this Act is declared unconstitutional, the same shall not affect
the validity and effectivity of the other provisions hereof.
SEC. 14. Repealing Clause. – All laws, decrees, orders, and issuances or portions thereof, which are inconsistent
with the provisions of this Act, are hereby repealed, amended or modified accordingly.
SEC. 15. Effectivity. – This Act shall take effect fifteen (15) days following its publication in at least two (2)
national newspapers of general circulation.
2. PLUNDER
RA 7080, plunder is committed when a public officer who, by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described
in Section 1 (d) of RA 7080 in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00). In addition, any person who participated with the said public officer in the commission of
plunder shall likewise be punished.
The criminal acts described in Section 1 (d) are as follows:
1. Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
2. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any/or entity in
connection with any government contract or project or by reason of the office or position of the public officer
concerned;
3. By the illegal or fraudulent conveyance or disposition of assets belonging to the National government or any
of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their
subsidiaries;
4. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of
interest or participation including the promise of future employment in any business enterprise or undertaking;
5. By establishing agricultural, industrial or commercial monopolies or other combinations and/or

implementation of decrees and orders intended to benefit particular persons or special interests; or,
6. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
In the original version of RA 7080, the offender was liable only if the aggregate amount amassed is at least
Seventy-five million pesos (P75,000,000.00) with the corresponding penalty of life imprisonment with
perpetual absolute disqualification from holding any public office. However, RA 7659 (The Death Penalty
Law) amended Section 2 of RA 7080, and lowered the amount to Fifty million pesos and increased the
imposable penalty to death, to wit:
Sec. 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder) is hereby
amended to read as follows:
“Sec. 2. Definition of the Crime of Plunder; Penalties. – Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as
described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death.
Any person who participated with the said public officer in the commission of an offense contributing to the
crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of
participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal
Code, shall be considered by the court.
The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including
the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the
State.”
Section 4 of RA 7080 also prescribes the method for proving that the crime of plunder was committed. It states
that for purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal
act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten
wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of
the overall unlawful scheme or conspiracy.
PRESIDENTIAL DECREE No. 749
GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF BRIBES AND OTHER GIFTS AND TO THEIR
ACCOMPLICES IN BRIBERY AND OTHER GRAFT CASES AGAINST PUBLIC OFFICERS
WHEREAS, public office is a public trust: public officers are but servants of the people, whom they must serve
with utmost fidelity and integrity;
WHEREAS, it has heretofore been virtually impossible to secure the conviction and removal of dishonest public
servants owing to the lack of witnesses: the bribe or gift-givers being always reluctant to testify against the
corrupt public officials and employees concerned for fear of being indicted and convicted themselves of bribery
and corruption;
WHEREAS, it is better by far and more socially desirable, as well as just, that the bribe or gift giver be granted
immunity from prosecution so that he may freely testify as to the official corruption, than that the official who
receives the bribe or gift should be allowed to go free, insolently remaining in public office, and continuing with
his nefarious and corrupt practices, to the great detriment of the public service and the public interest.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby decree and order that:
Section 1. Any person who voluntarily gives information about any violation of Articles 210, 211, and 212 of the
Revised Penal Code; Republic Act Numbered Three Thousand Nineteen, as amended; Section 345 of the
Internal Revenue Code and Section 3604 of the Tariff and Customs Code and other provisions of the said Codes
penalizing abuse or dishonesty on the part of the public officials concerned; and other laws, rules and
regulations punishing acts of graft, corruption and other forms of official abuse; and who willingly testifies
against any public official or employee for such violation shall be exempt from prosecution or punishment for
the offense with reference to which his information and testimony were given, and may plead or prove the
giving of such information and testimony in bar of such prosecution: Provided; that this immunity may be
enjoyed even in cases where the information and testimony are given against a person who is not a public
official but who is a principal, or accomplice, or accessory in the commission of any of the above-mentioned
violations: Provided, further, that this immunity may be enjoyed by such informant or witness notwithstanding
that he offered or gave the bribe or gift to the public official or his accomplice for such gift or bribe-giving; and
Provided, finally, that the following conditions concur:
1. The information must refer to consummated violations of any of the above-mentioned provisions of
law, rules and regulations;
2. The information and testimony are necessary for the conviction of the accused public officer;
3. Such information and testimony are not yet in the possession of the State;
4. Such information and testimony can be corroborated on its material points; and
5. The informant or witness has not been previously convicted of a crime involving moral turpitude.
Section 2. The immunity granted hereunder shall not attach should it turn out subsequently that the information
and/or testimony is false and malicious or made only for the purpose of harassing, molesting or in any way
prejudicing the public officer denounced. In such a case, the public officer so denounced shall be entitled to any
action, civil or criminal, against said informant or witness.
Section 3. All preliminary investigations conducted by a prosecuting fiscal, judge or committee, and all
proceedings undertaken in connection therewith, shall be strictly confidential or private in order to protect the
reputation of the official under investigation in the event that the report proves to be unfounded or no prima
facie case is established.
Section 4. All acts, decrees and rules and regulations inconsistent with the provisions of this decree are hereby
repealed or modified accordingly.
Section 5. This Decree shall take effect immediately.
REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a
public office is a public trust, to repress certain acts of public officers and private persons alike which constitute
graft or corrupt practices or which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-owned and
government-controlled corporations, and all other instrumentalities or agencies of the Republic of the
Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent or temporary,
whether in the classified or unclassified or exempt service receiving compensation, even nominal, from
the government as defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than
a member of the public officer's immediate family, in behalf of himself or of any member of his family or
relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a
family celebration or national festivity like Christmas, if the value of the gift is under the circumstances
manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby
declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation
of rules and regulations duly promulgated by competent authority or an offense in connection with the
official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such
violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene under
the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit,
for himself or for another, from any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the
help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any
other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by
the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which
they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of its
authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or
offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging
or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together
with the offending public officer, be punished under Section nine of this Act and shall be permanently or
temporarily disqualified in the discretion of the Court, from transacting business in any form with the
Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or exploit or take advantage of such family or close
personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary
advantage from any other person having some business, transaction, application, request or contract with the
government, in which such public official has to intervene. Family relation shall include the spouse or relatives
by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close
personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy
which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of
the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of
the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene,
directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That
this section shall not apply to any person who, prior to the assumption of office of any of the above officials to
whom he is related, has been already dealing with the Government along the same line of business, nor to any
transaction, contract or application already existing or pending at the time of such assumption of public office,
nor to any application filed by him the approval of which is not discretionary on the part of the official or
officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued
pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress
during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any
specific business enterprise which will be directly and particularly favored or benefited by any law or resolution
authored by him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in Congress
of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior
to the approval of such law or resolution authored or recommended by him, continues for thirty days after such
approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act
or after assuming office, and within the month of January of every other year thereafter, as well as upon the
expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the
office of the corresponding Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of members of the Congress and the officials
and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn
statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts
of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year:
Provided, That public officers assuming office less than two months before the end of the calendar year, may file
their statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered
One thousand three hundred seventy-nine, a public official has been found to have acquired during his
incumbency, whether in his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for
dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may be
taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank
deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of
law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts
or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less
than one year nor more than ten years, perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of
the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the
Government, the amount of money or the thing he may have given to the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine
of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not
exceeding one year, or by both such fine and imprisonment, at the discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal
or dismissal of a public officer, even if no criminal prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within
the original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a
valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in
court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries
and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings
have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the
provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer who under the law may legitimately practice his
profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or
occupation involves conspiracy with any other person or public official to commit any of the violations
penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or
circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons
or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained
wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.
BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT
FUNDS OR CREDIT AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on
account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same
reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by
imprisonment of not less than thirty days but not more than one (1) year or by a fine of not less than but not
more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand Pesos, or
both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the
check in behalf of such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check payment
of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented
within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such
insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or
makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving
notice that such check has not been paid by the drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to
pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain
language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same: Provided,
That where there are no sufficient funds in or credit with such drawee bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in evidence of any
unpaid and dishonored check, having the drawee's refusal to pay stamped or written thereon or attached
thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or issuance of said
check, and the due presentment to the drawee for payment and the dishonor thereof, and that the same was
properly dishonored for the reason written, stamped or attached by the drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.
Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an arrangement or
understanding with the bank for the payment of such check.
Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code.
Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the remaining
provisions shall continue to be in force.
Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.
II. Laws Related to Physical Abuse, Terrorism
1. REPUBLIC ACT No. 8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES,
AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury.
The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National
Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's
Army Training. The physical, mental and psychological testing and training procedure and practices to determine
and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces
of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the
National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the
Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act.
Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be
allowed without prior written notice to the school authorities or head of organization seven (7) days before the
conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not
exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further
contain an undertaking that no physical violence be employed by anybody during such initiation rites.
Section 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the initiation. It is the
duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit,
neophyte or applicant.
Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as
a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in
the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing
shall suffer:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results
there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if
in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years
and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power
to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of
any such member shall have become incapacitated for the activity or work in which he was habitually
engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8
months) if in consequence of the hazing the victim shall become deformed or shall have lost any other
part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period of more than
ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work
in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained
shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work
in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall
require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years)
if in consequence of the hazing the victim sustained physical injuries which do not prevent him from
engaging in his habitual activity or work nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's army training organization, may
impose the appropriate administrative sanctions on the person or the persons charged under this provision even
before their conviction. The maximum penalty herein provided shall be imposed in any of the following
instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person
of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will
be committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities,
through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If
the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the
parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but
failed to take any action to prevent the same from occurring.
The school authorities including faculty members who consent to the hazing or who have actual knowledge
thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for
the acts of hazing committed by the perpetrators.
The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned
the hazing although not present when the acts constituting the hazing were committed shall be liable as
principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed
and failed to take action to prevent the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as principal unless
he prevented the commission of the acts punishable herein.
Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no
intention to commit so grave a wrong.
This section shall apply to the president, manager, director or other responsible officer of a corporation engaged
in hazing as a requirement for employment in the manner provided herein.
Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.
Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this
Act are hereby amended or repealed accordingly.
Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national
newspapers of general circulation.
2. REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR
PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human rights;
(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are
respected at all times; and that no person placed under investigation or held in custody of any person in
authority or, agent of a person authority shall be subjected to physical, psychological or mental harm,
force, violence, threat or intimidation or any act that impairs his/her free wi11 or in any manner demeans
or degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention,
where torture may be carried out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of
torture as provided for in the 1987 Philippine Constitution; various international instruments to which
the Philippines is a State party such as, but not limited to, the International Covenant on Civil and
Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDA W) and the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other relevant
international human rights instruments to which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority
or agent of a person in authority against a person under his/her custody, which attains a level of severity
causing suffering, gross humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or
punishment as defined above and any individual who has suffered harm as a result of any act(s) of
torture, or other cruel, inhuman and degrading treatment or punishment.
(d) "Order of Battle" refers to any document or determination made by the military, police or any law
enforcement agency of the government, listing the names of persons and organizations that it perceives
to be enemies of the State and that it considers as legitimate targets as combatants that it could deal
with, through the use of means allowed by domestic and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a
person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or
other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other
stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper
or other chemical substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or
blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum,
or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue,
etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a
person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person
in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful
acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or
prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third
party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading
treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person
in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the
latter. The assessment of the level of severity shall depend on all the circumstances of the case, including the
duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age
and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An
Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of war, internal political instability, or any other public
emergency, or a document or any determination comprising an "order of battle" shall not and can never be
invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar
forms of detention, where torture may be carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law
enforcement. agencies concerned shall make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained
therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed. This
list shall be made available to the public at all times, with a copy of the complete list available at the respective
national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted by the PNP,
AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be
periodically updated, by the same agencies, within the first five (5) days of every month at the minimum. Every
regional office of the PNP, AFP and other law enforcement agencies shall also maintain a similar list far all
detainees and detention facilities within their respective areas, and shall make the same available to the public at
all times at their respective regional headquarters, and submit a copy. updated in the same manner provided
above, to the respective regional offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement obtained
as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence
against a person or persons accused of committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall have
the following rights in the institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and by agencies of government
concerned such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the
National Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum
period of sixty (60) working days from the time a complaint for torture is filed within which an
investigation report and/or resolution shall be completed and made available. An appeal whenever
available shall be resolved within the same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation
as a consequence of the filing of said complaint or the presentation of evidence therefor. In which case,
the State through its appropriate agencies shall afford security in order to ensure his/her safety and all
other persons involved in the investigation and prosecution such as, but not limited to, his/her lawyer,
witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in
any fora in order to avoid further trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance with
a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any, filed on
behalf of the victim of torture or other cruel, degrading and inhuman treatment or punishment shall be disposed
of expeditiously and any order of release by virtue thereof, or other appropriate order of a court relative
thereto, shall be executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel,
inhuman and degrading treatment or punishment, or for any interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center
(BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every
person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to
demand physical examination by an independent and competent doctor of his/her own choice. If such person
cannot afford the services of his/her own doctor, he/she shall he provided by the State with a competent and
independent doctor to conduct physical examination. The State shall endeavor to provide the victim with
psychological evaluation if available under the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person arrested, detained or under custodial
investigation, including his/her immediate family, shall have the right to immediate access to proper and
adequate medical treatment. The physical examination and/or psychological evaluation of the victim shall be
contained in a medical report, duly signed by the attending physician, which shall include in detail his/her
medical history and findings, and which shall he attached to the custodial investigation report. Such report shall
be considered a public document.
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental
examinations, the medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;

(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical, psychological
and mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily
waive such rights in writing, executed in the presence and assistance of his/her counsel.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous
or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an order to
any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of
the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other
cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by
him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof
by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have
known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed,
is being committed, or has been committed by his/her subordinates or by others within his/her area of
responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture
or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations
of such act, whether deliberately or due to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel,
inhuman and degrading treatment or punishment is being committed and without having participated therein,
either as principal or accomplice, takes part subsequent to its commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture
or other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the
official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the
following acts:
(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane
or suicidal tendencies of the victim due to guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on those who commit any act of torture
resulting in psychological, mental and emotional harm other than those described 1n paragraph (b) of
this section. '
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in
consequence of torture, the victim shall have lost the power of speech or the power to hear or to smell;
or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the use of any such member;
Or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in
consequence of torture, the victim shall have become deformed or shall have lost any part of his/her
body other than those aforecited, or shall have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period
shall be imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for
mare than thirty (30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in
consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or
less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading
treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain
secret detention places and/or effect or cause to effect solitary confinement, incommunicado or other
similar forms of prohibited detention as provided in Section 7 of this Act where torture may be carried
out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP,
the PNP and other law enforcement agencies for failure to perform his/her duty to maintain, submit or
make available to the public an updated list of detention centers and facilities with the corresponding
data on the prisoners or detainees incarcerated or detained therein, pursuant to Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose
penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and
international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture shall not benefit from any special amnesty law or
similar measures that will have the effect of exempting them from any criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State
where there are substantial grounds to believe that such person shall be in danger of being subjected to torture.
For the purposes of determining whether such grounds exist, the Secretary of the Department of Foreign Affairs
(DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall take into account
all relevant considerations including, where applicable and not limited to, the existence in the requesting State of
a consistent pattern of gross, flagrant or mass violations of human rights.
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right to
claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the right
to claim for compensation from such other financial relief programs that may be made available to him/her
under existing law and rules and regulations.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and
such other concerned government agencies, and human rights organizations shall formulate a comprehensive
rehabilitation program for victims of torture and their families. The DSWD, the DOJ and thc DOH shall also call
on human rights nongovernment organizations duly recognized by the government to actively participate in the
formulation of such program that shall provide for the physical, mental, social, psychological healing and
development of victims of torture and their families. Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading
punishment shall likewise be formulated by the same agencies.
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to periodically
oversee the implementation of this Act. The Committee shall be headed by a Commissioner of the CRR, with
the following as members: the Chairperson of the Senate Committee on Justice and Human Rights, the
respective Chairpersons of the House of Representatives' Committees on Justice and Human Rights, and the
Minority Leaders of both houses or their respective representatives in the minority.
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National Defense
(DND), the Department of the Interior and Local Government (DILG) and such other concerned parties in both
the public and private sectors shall ensure that education and information regarding prohibition against torture
and other cruel, inhuman and degrading treatment or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials and other persons who may be
involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention
or imprisonment. The Department of Education (DepED) and the Commission on Higher Education (CHED)
shall also ensure the integration of human rights education courses in all primary, secondary and tertiary level
academic institutions nationwide.
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar as they
are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the Revised Penal
Code is attended by any of the acts constituting torture and other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to be imposed shall be in its maximum period.
Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated to
the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.
Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of
human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to all
officers and members of various law enforcement agencies.
Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in full force and effect.
Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in
at least two (2) newspapers of general circulation.
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and
guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.–
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person cannot afford the services of his own
counsel, he must be provided with a competent and independent counsel by the investigating
officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided
that before such report is signed, or thumbmarked if the person arrested or detained does not know
how to read and write, it shall be read and adequately explained to him by his counsel or by the
assisting counsel provided by the investigating officer in the language or dialect known to such arrested
or detained person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person in the presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of
his counsel; otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any national
non-governmental organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice to the liability
of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less
grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a
capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation
is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only
be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal
Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails
to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos
(P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or
both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who
has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of
such investigating officer or in his place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the commission of an offense if the latter
cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of
a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of
not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).lawphi1©
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and
prevent his escape.
Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions
of this Act are repealed or modified accordingly.
Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette
or in any daily newspapers of general circulation in the Philippines.
3. Republic Act No. 9372 March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of 2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and property from acts
of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the
welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against
the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental
liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political,
economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without
acknowledging these as justifications for terrorist and/or criminal activities. Such measures shall include conflict
management and post-conflict peace-building, addressing the roots of conflict by building state capacity and
promoting equitable economic development.
Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized
powers of the executive branch of the government. It is to be understood, however that the exercise of the
constitutionally recognized powers of the executive department of the government shall not prejudice respect
for human rights which shall be absolute and protected at all times.
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following provisions of the
Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or
Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace,
in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism
and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for
under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of terrorism shall suffer
the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the commission of the crime
of terrorism as defined in Section 3 hereof and decide to commit the same.
SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17)
years, four months one day to twenty (20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of terrorism or
conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under
Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following
manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing
or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c)
by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers
and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within
the provisions of subparagraph (a).
SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. -The provisions of Republic
Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official
and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record,
with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and
tracking devices, or with the use of any other suitable ways and means for that purpose, any communication,
message, conversation, discussion, or spoken or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors
and patients, journalists and their sources and confidential business correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The written order of the authorizing division of the
Court of Appeals to track down, tap, listen to, intercept, and record communications, messages, conversations,
discussions, or spoken or written words of any person suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall only be granted by the authorizing division of the Court of Appeals upon
an ex parte written application of a police or of a law enforcement official who has been duly authorized in
writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application, and
upon examination under oath or affirmation of the applicant and the witnesses he may produce to establish: (a)
that there is probable cause to believe based on personal knowledge of facts or circumstances that the said crime
of terrorism or conspiracy to commit terrorism has been committed, or is being committed, or is about to be
committed; (b) that there is probable cause to believe based on personal knowledge of facts or circumstances
that evidence, which is essential to the conviction of any charged or suspected person for, or to the solution or
prevention of, any such crimes, will be obtained; and, (c) that there is no other effective means readily available
for acquiring such evidence.
SEC. 9. Classification and Contents of the Order of the Court. - The written order granted by the authorizing
division of the Court of Appeals as well as its order, if any, to extend or renew the same, the original
application of the applicant, including his application to extend or renew, if any, and the written authorizations
of the Anti-Terrorism Council shall be deemed and are hereby declared as classified information: Provided, That
the person being surveilled or whose communications, letters, papers, messages, conversations, discussions,
spoken or written words and effects have been monitored, listened to, bugged or recorded by law enforcement
authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or
to challenge, if he or she intends to do so, the legality of the interference before the Court of Appeals which
issued the written order. The written order of the authorizing division of the Court of Appeals shall specify the
following: (a) the identity, such as name and address, if known, of the charged or suspected person whose
communications, messages, conversations, discussions, or spoken or written words are to be tracked down,
tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or telephonic (whether
wireless or otherwise) communications, messages, conversations, discussions, or spoken or written words, the
electronic transmission systems or the telephone numbers to be tracked down, tapped, listened to, intercepted,
and recorded and their locations or if the person suspected of the crime of terrorism or conspiracy to commit
terrorism is not fully known, such person shall be subject to continuous surveillance provided there is a
reasonable ground to do so; (b) the identity (name, address, and the police or law enforcement organization) of
the police or of the law enforcement official, including the individual identity (names, addresses, and the police
or law enforcement organization) of the members of his team, judicially authorized to track down, tap, listen
to, intercept, and record the communications, messages, conversations, discussions, or spoken or written words;
(c) the offense or offenses committed, or being committed, or sought to be prevented; and, (d) the length of
time within which the authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any authorization granted by the authorizing division of the
Court of Appeals, pursuant to Section 9(d) of this Act, shall only be effective for the length of time specified in
the written order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty
(30) days from the date of receipt of the written order of the authorizing division of the Court of Appeals by
the applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for another non-
extendible period, which shall not exceed thirty (30) days from the expiration of the original period: Provided,
That the authorizing division of the Court of Appeals is satisfied that such extension or renewal is in the public
interest: and Provided, further, That the ex parte application for extension or renewal, which must be filed by
the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for extension
or renewal, the one next in rank to the original applicant among the members of the team named in the original
written order of the authorizing division of the Court of Appeals shall file the application for extension or
renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under
Section 20 hereof, the applicant police or law enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall
immediately notify the person subject of the surveillance, interception and recording of the termination of the
said surveillance, interception and recording. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify the
person subject of the surveillance, monitoring, interception and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. - All tapes, discs, and recordings made pursuant
to the authorization of the authorizing division of the Court of Appeals, including all excerpts and summaries
thereof as well as all written notes or memoranda made in connection therewith, shall, within forty-eight (48)
hours after the expiration of the period fixed in the written order of the authorizing division of the Court of
Appeals or within forty-eight (48) hours after the expiration of any extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing Division of the Court of Appeals
in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the
applicant police or law enforcement official and the members of his team.
In case of death of the applicant or in case he is physically disabled to execute the required affidavit, the one
next in rank to the applicant among the members of the team named in the written order of the authorizing
division of the Court of Appeals shall execute with the members of the team that required affidavit.
It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext
whatsoever.
Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above shall
suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police or of the law enforcement official and the
individual members of his team shall state: (a) the number of tapes, discs, and recordings that have been made,
as well as the number of excerpts and summaries thereof and the number of written notes and memoranda, if
any, made in connection therewith; (b) the dates and times covered by each of such tapes, discs, and recordings;
(c) the number of tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the
number of written notes and memoranda made in connection therewith that have been included in the deposit;
and (d) the date of the original written authorization granted by the Anti-Terrorism Council to the applicant to
file the ex parte application to conduct the tracking down, tapping, intercepting, and recording, as well as the
date of any extension or renewal of the original written authority granted by the authorizing division of the
Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any part of any of
such tapes, discs, and recordings, and that no duplicates or copies of the whole or any part of any of such
excerpts, summaries, written notes, and memoranda, have been made, or, if made, that all such duplicates and
copies are included in the sealed envelope or sealed package, as the case may be, deposited with the authorizing
division of the Court of Appeals.
It shall be unlawful for any person, police or law enforcement official to omit or exclude from the joint affidavit
any item or portion thereof mentioned in this Section.
Any person, police or law enforcement officer who violates any of the acts prescribed in the preceding
paragraph shall suffer the penalty of not less than ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed envelope or sealed package and the contents thereof,
which are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby
declared classified information, and the sealed envelope or sealed package shall not be opened and its contents
(including the tapes, discs, and recordings and all the excerpts and summaries thereof and the notes and
memoranda made in connection therewith) shall not be divulged, revealed, read, replayed, or used as evidence
unless authorized by written order of the authorizing division of the Court of Appeals, which written order shall
be granted only upon a written application of the Department of Justice filed before the authorizing division of
the Court of Appeals and only upon a showing that the Department of Justice has been duly authorized in
writing by the Anti-Terrorism Council to file the application with proper written notice the person whose
conversation, communication, message discussion or spoken or written words have been the subject of
surveillance, monitoring, recording and interception to open, reveal, divulge, and use the contents of the sealed
envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing the persons
subject of the surveillance as defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. - The written application with
notice to the party concerned to open the deposited sealed envelope or sealed package shall clearly state the
purpose or reason: (a) for opening the sealed envelope or sealed package; (b) for revealing or disclosing its
classified contents; (c) for replaying, divulging, and or reading any of the listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written words (including any of the excerpts
and summaries thereof and any of the notes or memoranda made in connection therewith); [ and, (d) for using
any of said listened to, intercepted, and recorded communications, messages, conversations, discussions, or
spoken or written words (including any of the excerpts and summaries thereof and any of the notes or
memoranda made in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify as defined above shall
suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words, or any part or parts thereof, or any
information or fact contained therein, including their existence, content, substance, purport, effect, or meaning,
which have been secured in violation of the pertinent provisions of this Act, shall absolutely not be admissible
and usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. - Any police or law
enforcement personnel who, not being authorized to do so by the authorizing division of the Court of Appeals,
tracks down, taps, listens to, intercepts, and records in whatever manner or form any communication, message,
conversation, discussion, or spoken or written word of a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty
of ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten
(10) years and one day to twelve (12) years of imprisonment and the accessory penalty of perpetual absolute
disqualification from public office shall be imposed upon any police or law enforcement personnel who
maliciously obtained an authority from the Court of Appeals to track down, tap, listen to, intercept, and record
in whatever manner or form any communication, message, conversation, discussion, or spoken or written words
of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism: Provided,
That notwithstanding Section 13 of this Act, the party aggrieved by such authorization shall be allowed access to
the sealed envelope or sealed package and the contents thereof as evidence for the prosecution of any police or
law enforcement personnel who maliciously procured said authorization.
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. - Any organization,
association, or group of persons organized for the purpose of engaging in terrorism, or which, although not
organized for that purpose, actually uses the acts to terrorize mentioned in this Act or to sow and create a
condition of widespread and extraordinary fear and panic among the populace in order to coerce the
government to give in to an unlawful demand shall, upon application of the Department of Justice before a
competent Regional Trial Court, with due notice and opportunity to be heard given to the organization,
association, or group of persons concerned, be declared as a terrorist and outlawed organization, association, or
group of persons by the said Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of Article 125 of the Revised
Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of
the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal
liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or
suspected person to the proper judicial authority within a period of three days counted from the moment the
said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the
said police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of terrorism
or conspiracy to commit terrorism must result from the surveillance under Section 7 and examination of bank
deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of
terrorism, present him or her before any judge at the latter's residence or office nearest the place where the
arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to
ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested
and presented before him or her, to inquire of them the reasons why they have arrested the person and
determine by questioning and personal observation whether or not the suspect has been subjected to any
physical, moral or psychological torture by whom and why. The judge shall then submit a written report of
what he/she had observed when the subject was brought before him to the proper court that has jurisdiction
over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar
days from the time the suspect was brought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court
nearest the place of apprehension or arrest: Provided ,That where the arrest is made during Saturdays, Sundays,
holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place
where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. - In the event of an actual
or imminent terrorist attack, suspects may not be detained for more than three days without the written
approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the
municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the
arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law
enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned
above that is nearest the place where the accused was arrested. The approval in writing of any of the said
officials shall be secured by the police or law enforcement personnel concerned within five days after the date of
the detention of the persons concerned: Provided, however, That within three days after the detention the
suspects, whose connection with the terror attack or threat is not established, shall be released immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three Days. - The penalty
of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with
or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. - The moment a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained, he
shall forthwith be informed, by the arresting police or law enforcement officers or by the police or law
enforcement officers to whose custody the person concerned is brought, of his or her right: (a) to be informed
of the nature and cause of his arrest, to remain silent and to have competent and independent counsel
preferably of his choice. If the person cannot afford the services of counsel of his or her choice, the police or law
enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of
the Philippines (IBP) or the Public Attorney's Office (PAO). It shall be the duty of the free legal assistance unit of
the IBP or the PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal
assistance. These rights cannot be waived except in writing and in the presence of the counsel of choice; (b)
informed of the cause or causes of his detention in the presence of his legal counsel; (c) allowed to communicate
freely with his legal counsel and to confer with them at any time without restriction; (d) allowed to
communicate freely and privately without restrictions with the members of his family or with his nearest
relatives and to be visited by them; and, (e) allowed freely to avail of the service of a physician or physicians of
choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law enforcement personnel, or any
personnel of the police or other law enforcement custodial unit that violates any of the aforesaid rights of a
person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall
be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as stated
above is duly identified, the same penalty shall be imposed on the police officer or hear or leader of the law
enforcement unit having custody of the detainee at the time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and its Contents. - The police or other law enforcement
custodial unit in whose care and control the person charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism has been placed under custodial arrest and detention shall keep a
securely and orderly maintained official logbook, which is hereby declared as a public document and opened to
and made available for .the inspection and scrutiny of the lawyer or lawyers of the person under custody or any
member of his or her family or relative by consanguinity or affinity within the fourth civil degree or his or her
physician at any time of the day or night without any form of restriction. The logbook shall contain a clear and
concise record of: (a) the name, description, and address of the detained person; (b) the date and exact time of
his initial admission for custodial arrest and detention; (c) the name and address of the physician or physicians
who examined him physically and medically; (d) the state of his health and physical condition at the time of his
initial admission for custodial detention; (e) the date and time of each removal of the detained person from his
cell for interrogation or for any purpose; (f) the date and time of his return to his cell; (g) the name and address
of the physician or physicians who physically and medically examined him after each interrogation; (h) a
summary of the physical and medical findings on the detained person after each of such interrogation; (i) the
names and addresses of his family members and nearest relatives, if any and if available; (j) the names and
addresses of persons, who visit the detained person; (k) the date and time of each of such visits; (1) the date and
time of each request of the detained person to communicate and confer with his legal counsel or counsels; (m)
the date and time of each visit, and date and time of each departure of his legal counsel or counsels; and, (n) all
other important events bearing on and all relevant details regarding the treatment of the detained person while
under custodial arrest and detention.
The said police or law enforcement custodial unit shall upon demand of the aforementioned lawyer or lawyers
or members of the family or relatives within the fourth civil degree of consanguinity or affinity of the person
under custody or his or her physician issue a certified true copy of the entries of the logbook relative to the
concerned detained person without delay or restriction or requiring any fees whatsoever including documentary
stamp tax, notarial fees, and the like. This certified true copy may be attested by the person who has custody of
the logbook or who allowed the party concerned to scrutinize it at the time the demand for the certified true
copy is made.
The police or other law enforcement custodial unit who fails to comply with the preceding paragraph to keep
an official logbook shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and Interrogation. - No threat, intimidation, or coercion, and
no act which will inflict any form of physical pain or torment, or mental, moral, or psychological pressure, on
the detained person, which shall vitiate his freewill, shall be employed in his investigation and interrogation for
the crime of terrorism or the crime of conspiracy to commit terrorism; otherwise, the evidence obtained from
said detained person resulting from such threat, intimidation, or coercion, or from such inflicted physical pain or
torment, or mental, moral, or psychological pressure, shall be, in its entirety, absolutely not admissible and
usable as evidence in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry, proceeding,
or hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and Interrogation of a
Detained Person. - Any person or persons who use threat, intimidation, or coercion, or who inflict physical pain
or torment, or mental, moral, or psychological pressure, which shall vitiate the free-will of a charged or
suspected person under investigation and interrogation for the crime of terrorism or the crime of conspiracy to
commit terrorism shall be guilty of an offense and shall suffer the penalty of twelve (12) years and one day to
twenty (20) years of imprisonment.
When death or serious permanent disability of said detained person occurs as a consequence of the use of such
threat, intimidation, or coercion, or as a consequence of the infliction on him of such physical pain or torment,
or as a consequence of the infliction on him of such mental, moral, or psychological pressure, the penalty shall
be twelve (12) years and one day to twenty (20) years of imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and the person charged with the
crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon
application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city
where he resides or where the case is pending, in the interest of national security and public safety, consistent
with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the
authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then
be forfeited as provided under the Rules of Court.
He/she may also be placed under house arrest by order of the court at his or her usual place of residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or
other means of communications with people outside the residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the
case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records. - The provisions of
Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals
designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of
probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of
terrorism or, conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) of a member of such judicially declared and outlawed organization,
association, or group of persons, may authorize in writing any police or law enforcement officer and the
members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the
examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and
(b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts,
assets, and records from a bank or financial institution. The bank or financial institution concerned, shall not
refuse to allow such examination or to provide the desired information, when so, ordered by and served with
the written order of the Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. - The written order of the Court of
Appeals authorizing the examination of bank deposits, placements, trust accounts, assets, and records: (1) of a
person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of any
judicially declared and outlawed terrorist organization, association, or group of persons, or (3) of any member
of such organization, association, or group of persons in a bank or financial institution, and the gathering of any
relevant information about the same from said bank or financial institution, shall only be granted by the
authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law
enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-
Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination
under oath or affirmation of the applicant and, the witnesses he may produce to establish the facts that will
justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and
records: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism;
(2) of a judicially declared and outlawed terrorist organization, association or group of persons; or (3) of any
member of such organization, association, or group of persons.
SEC. 29. Classification and Contents of the Court Order Authorizing the Examination of Bank Deposits,
Accounts, and Records. - The written order granted by the authorizing division of the Court of Appeals as well
as its order, if any, to extend or renew the same, the original ex parte application of the applicant, including his
ex parte application to extend or renew, if any, and the written authorizations of the Anti-Terrorism Council,
shall be deemed and are hereby declared as classified information: Provided, That the person whose bank
deposits, placements, trust accounts, assets, and records have been examined, frozen, sequestered and seized by
law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in
the premises or to challenge, if he or she intends to do so, the legality of the interference. The written order of
the authorizing division of the Court of Appeals designated to handle cases involving terrorism shall specify: (a)
the identify of the said: (1) person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism; (2) judicially declared and outlawed terrorist organization, association, or group of persons; and (3)
member of such judicially declared and outlawed organization, association, or group of persons, as the case may
be. whose deposits, placements, trust accounts, assets, and records are to be examined or the information to be
gathered; (b) the identity of the bank or financial Institution where such deposits, placements, trust accounts,
assets, and records are held and maintained; (c) the identity of the persons who will conduct the said
examination and the gathering of the desired information; and, (d) the length of time the authorization shall be
carried out.
SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on Bank Deposits,
Accounts, and Records. - The authorization issued or granted by the authorizing division of the Court of Appeals
to examine or cause the examination of and to freeze bank deposits, placements, trust accounts, assets, and
records, or to gather information about the same, shall be effective for the length of time specified in the written
order of the authorizing division of the Court of Appeals, which shall not exceed a period of thirty (30) days
from the date of receipt of the written order of the authorizing division of the Court of Appeals by the applicant
police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization for another
period, which shall not exceed thirty (30) days renewable to another thirty (30) days from the expiration of the
original period: Provided, That the authorizing division of the Court of Appeals is satisfied that such extension
or renewal is in the public interest: and, Provided, further, That the application for extension or renewal, which
must be filed by the original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the application for extension
or renewal, the one next in rank to the original applicant among the members of the ream named in the
original written order of the authorizing division of the Court of Appeals shall file the application for extension
or renewal: Provided, That, without prejudice to the liability of the police or law enforcement personnel under
Section 19 hereof, the applicant police or law enforcement official shall have thirty (30) days after the
termination of the period granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall
immediately notify in writing the person subject of the bank examination and freezing of bank deposits,
placements, trust accounts, assets and records. The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law enforcement official who fails to notify in
writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts,
assets and records.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined
above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits, Placements, Trust
Accounts, Assets and Records. - All information, data, excerpts, summaries, notes, memoranda, working sheets,
reports, and other documents obtained from the examination of the bank deposits, placements, trust accounts,
assets and records of: (1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy
to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group of
persons; or (3) a member of any such organization, association, or group of persons shall, within forty-eight
(48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court
of Appeals or within forty-eight (48) hours after the expiration of the extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with the authorizing division of the Court of Appeals
in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the
applicant police or law enforcement official and the persons who actually conducted the examination of said
bank deposits, placements, trust accounts, assets and records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the identifying marks, numbers, or
symbols of the deposits, placements, trust accounts, assets, and records examined; (b) the identity and address of
the bank or financial institution where such deposits, placements, trust accounts, assets, and records are held and
maintained; (c) the number of bank deposits, placements, trust accounts, assets, and records discovered,
examined, and frozen; (d) the outstanding balances of each of such deposits, placements, trust accounts, assets;
(e) all information, data, excerpts, summaries, notes, memoranda, working sheets, reports, documents, records
examined and placed in the sealed envelope or sealed package deposited with the authorizing division of the
Court of Appeals; (f) the date of the original written authorization granted by the Anti-Terrorism Council to the
applicant to file the ex parte Application to conduct the examination of the said bank deposits, placements, trust
accounts, assets and records, as well as the date of any extension or renewal of the original written
authorization granted by the authorizing division of the Court of Appeals; and (g) that the items Enumerated
were all that were found in the bank or financial institution examined at the time of the completion of the
examination.
The joint affidavit shall also certify under oath that no duplicates or copies of the information, data, excerpts,
summaries, notes, memoranda, working sheets, reports, and documents acquired from the examination of the
bank deposits, placements, trust accounts, assets and records have been made, or, if made, that all such
duplicates and copies are placed in the sealed envelope or sealed package deposited with the authorizing
division of the Court of Appeals.
It shall be unlawful for any person, police officer or custodian of the bank data and information obtained after
examination of deposits, placements, trust accounts, assets and records to copy, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext
whatsoever,
Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above
shall suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed package and the contents thereof, which
are deposited with the authorizing division of the Court of Appeals, shall be deemed and are hereby declared
classified information and the sealed envelope or sealed package shall not be opened and its contents shall not
be divulged, revealed, read, or used as evidence unless authorized in a written order of the authorizing division
of the Court of Appeals, which written order shall be granted only upon a written application of the
Department of Justice filed before the authorizing division of the Court of Appeals and only upon a showing
that the Department of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the
application, with notice in writing to the party concerned not later than three days before the scheduled
opening, to open, reveal, divulge, and use the contents of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined
above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. - The written application, with notice in writing to the
party concerned not later than three days of the scheduled opening, to open the sealed envelope or sealed
package shall clearly state the purpose and reason: (a) for opening the sealed envelope or sealed package; (b)
for revealing and disclosing its classified contents; and, (c) for using the classified information, data, excerpts,
summaries, notes, memoranda, working sheets, reports, and documents as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any information, data, excerpts, summaries, notes,
memoranda, work sheets, reports, or documents acquired from the examination of the bank deposits,
placements, trust accounts, assets and records of: (1) a person charged or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization,
association, or group of persons; or (3) a member of such organization, association, or group of persons, which
have been secured in violation of the provisions of this Act, shall absolutely not be admissible and usable as
evidence against anybody in any judicial, quasi-judicial, legislative, or administrative investigation, inquiry,
proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial Institution. - Any person,
police or law enforcement personnel who examines the deposits, placements, trust accounts, assets, or records in
a bank or financial institution of: (1) a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or
group of persons; or (3) a member of such organization, association, or group of persons, without being
authorized to do so by the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten (10)
years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense, the penalty of ten
(10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law
enforcement personnel, who maliciously obtained an authority from the Court of Appeals to examine the
deposits, placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person charged
with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) a judicially declared and
outlawed terrorist organization, association, or group of persons; or (3) a member of such organization,
association, or group of persons: Provided, That notwithstanding Section 33 of this Act, the party aggrieved by
such authorization shall upon motion duly filed be allowed access to the sealed envelope or sealed package and
the contents thereof as evidence for the prosecution of any police or law enforcement personnel who
maliciously procured said authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. - An employee, official, or a
member of the board of directors of a bank or financial institution, who refuses to allow the examination of the
deposits, placements, trust accounts, assets, and records of: (1) a person charged with or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism; (2) a judicially declared and outlawed organization,
association, or group of persons; or (3) a member of such judicially declared and outlawed organization,
association, or group of persons in said bank or financial institution, when duly served with the written order of
the authorizing division of the Court of Appeals, shall be guilty of an offense and shall suffer the penalty of ten
(10) years and one day to twelve (12) years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits . -
Any false or untruthful statement or misrepresentation of material fact in the joint affidavits required
respectively in Section 12 and Section 32 of this Act shall constitute a criminal offense and the affiants shall suffer
individually the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and their outstanding balances, placements, trust accounts,
assets, and records in any bank or financial institution, moneys, businesses, transportation and communication
equipment, supplies and other implements, and property of whatever kind and nature belonging: (1) to any
person suspected of or charged before a competent Regional Trial Court for the crime of terrorism or the crime
of conspiracy to commit terrorism; (2) to a judicially declared and outlawed organization, association, or group
of persons; or (3) to a member of such organization, association, or group of persons shall be seized,
sequestered, and frozen in order to prevent their use, transfer, or conveyance for purposes that are inimical to
the safety and security of the people or injurious to the interest of the State.
The accused or a person suspected of may withdraw such sums as may be reasonably needed by the monthly
needs of his family including the services of his or her counsel and his or her family's medical needs upon
approval of the court. He or she may also use any of his property that is under seizure or sequestration or
frozen because of his/her indictment as a terrorist upon permission of the court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of the Court of Appeals to allow
the person accused of the crime of terrorism or of the crime of conspiracy to commit terrorism to withdraw such
sums from sequestered or frozen deposits, placements, trust accounts, assets and records as may be necessary for
the regular sustenance of his/her family or to use any of his/her property that has been seized, sequestered or
frozen for legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and
Records. - The seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records
belonging to a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism
shall be deemed as property held in trust by the bank or financial institution for such person and the
government during the pendency of the investigation of the person suspected of or during the pendency of the
trial of the person charged with any of the said crimes, as the case may be and their use or disposition while the
case is pending shall be subject to the approval of the court before which the case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets
and Record. - If the person suspected of or charged with the crime of terrorism or conspiracy to commit
terrorism is found, after his investigation, to be innocent by the investigating body, or is acquitted, after his
arraignment or his case is dismissed before his arraignment by a competent court, the seizure, sequestration and
freezing of his bank deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by
the investigating body or by the competent court, as the case may be, and his bank deposits, placements, trust
accounts, assets and records shall be deemed released from such seizure, sequestration and freezing, and shall be
restored to him without any delay by the bank or financial institution concerned without any further action on
his part. The filing of any appeal on motion for reconsideration shall not state the release of said funds from
seizure, sequestration and freezing.
If the person charged with the crime of terrorism or conspiracy to commit terrorism is convicted by a final
judgment of a competent trial court, his seized, sequestered and frozen bank deposits, placements, trust
accounts, assets and records shall be automatically forfeited in favor of the government.
Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five hundred
thousand pesos (P500.000.00) a day for the period in which his properties, assets or funds were seized shall be
paid to him on the concept of liquidated damages. The amount shall be taken from the appropriations of the
police or law enforcement agency that caused the filing of the enumerated charges against him/her.
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records. - Any person who unjustifiably refuses to restore or
delays the restoration of seized, sequestered and frozen bank deposits, placements, trust accounts, assets and
records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism after
such suspected person has been found innocent by the investigating body or after the case against such charged
person has been dismissed or after he is acquitted by a competent court shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records. - Any person who is responsible for the loss, misuse, diversion,
or dissipation of the whole or any part of the seized, sequestered and frozen bank deposits, placements, trust
accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to
commit terrorism shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. - Any public officer who has direct custody of a detained
person or under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence
causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of:
(a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already
been convicted and sentenced in a final judgment of a competent court; and (b) six years and one day to twelve
(12) years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of
a competent court.
SEC. 45. Immunity and Protection of Government Witnesses. - The provisions of Republic Act No. 6981
(Witness Protection, Security and Benefits Act) to the contrary notwithstanding, the immunity of government
witnesses testifying under this Act shall be governed by Sections 17 and 18 of Rule 119 of the Rules of Court:
Provided, however, That said witnesses shall be entitled to benefits granted to witnesses under said Republic Act
No.6981.
SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. - The penalty of ten (10) years and one
day to twelve (12) years of imprisonment shall be imposed upon any person, police or law enforcement agent,
judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any
manner or form any classified information under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. - The penalty of twelve
(12) years and one day to twenty (20) years of imprisonment shall be imposed upon any person who
knowingly furnishes false testimony, forged document or spurious evidence in any investigation or hearing
under this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to commit terrorism, the judge shall set the
continuous trial on a daily basis from Monday to Friday or other short-term trial calendar so as to ensure speedy
trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised Penal Code or any
Special Penal Laws. - When a person has been prosecuted under a provision of this Act, upon a valid complaint
or information or other formal charge sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for any offense or felony which is necessarily included in the offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is accused of terrorism
shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for
every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of
such an accusation. The amount of damages shall be automatically charged against the appropriations of the
police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the
accused. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. The award
of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or
administrative charges against those responsible for charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded
to the individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall
suffer the penalty of six months of imprisonment.
If the deductions are less than the amounts due to the detained persons, the amount needed to complete the
compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds
of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law enforcement agency
concerned, the amount shall be automatically included in the appropriations of the said agency for the coming
year.
SEC. 51. Duty to Record and Report the Name and Address of the Informant. - The police or law enforcement
officers to whom the name or a suspect in the crime of terrorism was first revealed shall record the real name
and the specific address of the informant.
The police or law enforcement officials concerned shall report the informant's name and address to their
superior officer who shall transmit the information to the Congressional Oversight Committee or to the proper
court within five days after the suspect was placed under arrest or his properties were sequestered, seized or
frozen.
The name and address of the informant shall be considered confidential and shall not be unnecessarily revealed
until after the proceedings against the suspect shall have been terminated.
SEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I of the Revised Penal Code shall be
applicable to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for brevity, as the
"Council," is hereby created. The members of the Council are: (1) the Executive Secretary, who shall be its
Chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign
Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the
Secretary of Finance; and (7) the National Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility for the proper and effective implementation
of the anti-terrorism policy of the country. The Council shall keep records of its proceedings and decisions. All
records of the Council shall be subject to such security classifications as the Council may, in its judgment and
discretion, decide to adopt to safeguard the safety of the people, the security of the Republic, and the welfare of
the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The Council shall define
the powers, duties, and functions of the National Intelligence Coordinating Agency as Secretariat of the Council.
The National Bureau of Investigation, the Bureau of Immigration, the Office of Civil Defense, the Intelligence
Service of the Armed Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police intelligence and investigative elements shall serve as
support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans,
programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people
from acts of terrorism. Nothing herein shall be interpreted to empower the Anti-Terrorism Council to exercise
any judicial or quasi-judicial power or authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate in the previous Section, the Council shall have the
following functions with due regard for the rights of the people as mandated by the Constitution and pertinent
laws:
1. Formulate and adopt plans, programs and counter-measures against terrorists and acts of terrorism in
the country;
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the country and mobilize
the entire nation against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all persons accused or detained for the crime of
terrorism or conspiracy to commit terrorism and other offenses punishable under this Act, and monitor
the progress of their cases;
4. Establish and maintain comprehensive data-base information system on terrorism, terrorist activities,
and counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts, assets and records belonging to a
person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism, pursuant
to Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and conviction of person or persons who are liable for the
crime of terrorism or conspiracy to commit terrorism;
7. Establish and maintain coordination with and the cooperation and assistance of other nations in the
struggle against international terrorism; and
8. Request the Supreme Court to designate specific divisions of the Court of Appeals and Regional Trial
Courts in Manila, Cebu City and Cagayan de Oro City, as the case may be, to handle all cases involving
the crime of terrorism or conspiracy to commit terrorism and all matters incident to said crimes. The
Secretary of Justice shall assign a team of prosecutors from: (a) Luzon to handle terrorism cases filed in
the Regional Trial Court in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c) from
Mindanao to handle cases filed in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. - The Commission on Human Rights shall give the highest
priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the
implementation of this Act; and for this purpose, the Commission shall have the concurrent jurisdiction to
prosecute public officials, law enforcers, and other persons who may have violated the civil and political rights
of persons suspected of, or detained for the crime of terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. - There is hereby created a Grievance Committee composed of the
Ombudsman, as chair, and the Solicitor General, and an undersecretary from the Department of Justice (DOJ),
as members, to receive and evaluate complaints against the actuations of the police and law enforcement
officials in the implementation of this Act. The Committee shall hold office in Manila. The Committee shall have
three subcommittees that will be respectively headed by the Deputy Ombudsmen in Luzon, the Visayas and
Mindanao. The subcommittees shall respectively hold office at the Offices of Deputy Ombudsman. Three
Assistant Solicitors General designated by the Solicitor General, and the regional prosecutors of the DOJ assigned
to the regions where the Deputy Ombudsmen hold office shall be members thereof. The three subcommittees
shall assist the Grievance Committee in receiving, investigating and evaluating complaints against the police and
other law enforcement officers in the implementation of this Act. If the evidence warrants it, they may file the
appropriate cases against the erring police and law enforcement officers. Unless seasonably disowned or
denounced by the complainants, decisions or judgments in the said cases shall preclude the filing of other cases
based on the same cause or causes of action as those that were filed with the Grievance Committee or its
branches.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country unless his or her testimony is needed for terrorist related
police investigations or judicial trials in the said country and unless his or her human rights, including the right
against torture, and right to counsel, are officially assured by the requesting country and transmitted accordingly
and approved by the Department of Justice.
SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of an existing treaty of which the
Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of
this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act
within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to individual
persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to
commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to
individual persons who, although physically outside the territorial limits of the Philippines, commit any of the
said crimes on board Philippine ship or Philippine airship; (4) to individual persons who commit any of said
crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity; (5) to individual persons who, although physically outside the territorial
limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippines descent, where
their citizenship or ethnicity was a factor in the commission of the crime; and (6) to individual persons who,
although physically outside the territorial limits of the Philippines, commit said crimes directly against the
Philippine government.
SEC. 59. Joint Oversight Committee. - There is hereby created a Joint Oversight Committee to oversee the
implementation of this Act. The Oversight Committee shall be composed of five members each from the Senate
and the House in addition to the Chairs of the Committees of Public Order of both Houses who shall also Chair
the Oversight Committee in the order specified herein. The membership of the Committee for every House shall
at least have two opposition or minority members. The Joint Oversight Committee shall have its own
independent counsel. The Chair of the Committee shall rotate every six months with the Senate chairing it for
the first six months and the House for the next six months. In every case, the ranking opposition or minority
member of the Committee shall be the Vice Chair. Upon the expiration of one year after this Act is approved by
the President, the Committee shall review the Act particularly the provision that authorize the surveillance of
suspects of or persons charged with the crime of terrorism. To that end, the Committee shall summon the police
and law enforcement officers and the members of the Anti-Terrorism Council and require them to answer
questions from the members of Congress and to submit a written report of the acts they have done in the
implementation of the law including the manner in which the persons suspected of or charged with the crime of
terrorism have been dealt with in their custody and from the date when the movements of the latter were
subjected to surveillance and his or her correspondences, messages, conversations and the like were listened to
or subjected to monitoring, recording and tapping. Without prejudice to its submitting other reports, the
Committee shall render a semiannual report to both Houses of Congress. The report may include where
necessary a recommendation to reassess the effects of globalization on terrorist activities on the people, provide
a sunset clause to or amend any portion of the Act or to repeal the Act in its entirety. The courts dealing with
anti-terrorism cases shall submit to Congress and the President a report every six months of the status of anti-
terrorism cases that have been filed with them starting from the date this Act is implemented.
SEC. 60. Separability Clause. - If for any reason any part or provision of this Act is declared unconstitutional or
invalid, the other parts or provisions hereof which are not affected thereby shall remain and continue to be in
full force and effect.
SEC. 61. Repealing Clause. - All laws, decrees, executive orders, rules or regulations or parts thereof, inconsistent
with the provisions of this Act are hereby repealed, amended, or modified accordingly.
SEC. 62. Special Effectivity Clause. - After the bill shall have been signed into law by the President, the Act shall
be published in three newspapers of national circulation; three newspapers of local circulation, one each in
llocos Norte, Baguio City and Pampanga; three newspapers of local circulation, one each in Cebu, lloilo and
Tacloban; and three newspapers of local circulation, one each in Cagayan de Oro, Davao and General Santos
city.
The title of the Act and its provisions defining the acts of terrorism that are punished shall be aired everyday at
primetime for seven days, morning, noon and night over three national television and radio networks; three
radio and television networks, one each in Cebu, Tacloban and lloilo; and in five radio and television networks,
one each in Lanao del Sur, Cagayan de Oro, Davao City, Cotabato City and Zamboanga City. The publication in
the newspapers of local circulation and the announcements over local radio and television networks shall be
done in the dominant language of the community. After the publication required above shall have been done,
the Act shall take effect two months after the elections are held in May 2007. Thereafter, the provisions of this
Act shall be automatically suspended one month before and two months as after the holding of any election.
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10168
RULE 1 Title
Rule 1.a. Title. -These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act
No. 10168, otherwise known as "The Terrorism Financing Prevention and Suppression Act of 2012", hereafter
referred to as the "TF Suppression Act."
Rule 1.b. Purpose. -These Rules are promulgated to prescribe the procedures and guidelines for the
implementation of the TF Suppression Act.
RULE 2 Declaration of Policy
Rule 2.a Declaration of Policy. -It is the policy of the State to protect life, liberty, and property from acts of
terrorism and to condemn terrorism and those who support and finance it and to recognize it as inimical and
dangerous to national security and the welfare of the people, and to make the financing of terrorism a crime
against the Filipino people, against humanity, and against the law of nations.
The State, likewise, recognizes and adheres to international commitments to combat the financing of terrorism,
specifically to the International Convention for the Suppression of the Financing of Terrorism, as well as other
binding terrorism-related resolutions of the United Nations Security Council pursuant to Chapter 7 of the United
Nations Charter.
Towards this end, the State shall reinforce its fight against terrorism by criminalizing the financing of terrorism
and related offenses, and by preventing and suppressing the commission of said offenses through freezing and
forfeiture of property or funds while protecting human rights.
RULE 3 Definition of Terms
Rule. 3.a Definition of Terms. -As used in the TF Suppression Act and in these Rules:
Rule 3.a.1. "Anti-Money Laundering Council (AMLC)" -refers to the Council created by virtue of Republic Act
No. 9160, otherwise known as the "Anti-Money Laundering Act of 2001, as amended" (AM LA, as amended);
Rule 3.a.2. "Anti-Terrorism Council (ATC)" -refers to the Council created by virtue of Republic Act no. 9372,
otherwise known as the "Human Security Act" (HSA) of 2007;
Rule 3.a.3. "Covered institutions" . refers to those institutions defined under Section 3 (a) (1) (2) and (3) of the
AMLA, as amended;
Rule 3.a.4. "Dealing, with regard to property or funds" -refers to receiving, acquiring, transacting, representing,
concealing, disposing, converting, transferring or moving, using as security or providing financial services.
Rule 3.a.5. "Designated persons" -refers to:
(a) Any person or entity designated as a terrorist, one who finances terrorism, or a terrorist organization or
group under the applicable United Nations Security Council Resolution or by another jurisdiction or supra-
national jurisdiction;
(b) Any organization, association, or group of persons proscribed pursuant to Section 17 ofthe HSA of 2007; or
(c) Any person, organization, association, or group of persons whose property or funds, based on probable
cause are subject to seizure and sequestration under Section 39 of the HSA of 2007.
Rule 3.a.6. "Designation" or "Listing" -refers to the identification of a person, organization, association or group
of persons that is subject to targeted financial sanctions pursuant to the applicable United Nations Security
Council Resolutions.
Rule. 3.a.7. "Forfeiture" -refers to a court order transferring in favor of the government, after due process,
ownership of property or funds representing, involving, or relating to financing of terrorism as defined in
Section 4 or an offense under Sections 5,6, 7, 8, or 9 of the TF Suppression Act
Rule 3.a.8. "Freeze" -refers to the blocking or restraining of specific property or funds from being transacted,
converted, concealed, moved, or disposed of without affecting the ownership thereof.
Rule 3.a.9. "Probable cause" -refers to a reasonable ground of suspicion supported by circumstances warranting a
cautious person to believe that property or funds are in any way related to terrorism financing, acts of terrorism
or other violations under the TF Suppression Act.
Rule 3.a.l0. "Property or funds" -refers to financial assets, property of every kind, whether tangible or intangible,
movable or immovable, however acquired, and legal documents or instruments in any form, including
electronic or digital, evidencing title to, or interest in, such funds or other assets, including, but not limited to,
bank credits, travelers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit,
and any interest, dividends, or other income on or value accruing from or generated by such funds or other
assets.
Rule 3.a.11. "Terrorist" -refers to any natural person who: (a) commits, or attempts, or conspires to commit
terrorist acts by any means, directly or indirectly, unlawfully, and willfully; (b) participates, as a principal, or as
an accomplice, in terrorist acts; (c) organizes or directs others to commit terrorist acts; or (d) contributes to the
commission of terrorist acts by a group of persons acting with a common purpose where the contribution is
made intentionally and with the aim of furthering the terrorist acts or with the knowledge of the intention of
the group to commit terrorist acts.
-refers to the following:
(a) Any act in violation of Section 3 or 4 of the HSA of 2007.
(b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not
taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature
or context, is to intimidate a population, or to compel a government or an international organization to do or
to abstain from doing any act.
(c) Any act which constitutes an offense that is within the scope of any of the following treaties to which the
Republic of the Philippines is a State party:
1. Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on 16 December 1970;
2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23
September 1971;
3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including
Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973;
4. International Convention against the Taking of Hostages, adopted by the General Assembly of the United
Nations on 17 December 1979;
5. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980;
6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation,
supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done
at Montreal on 24 February 1988;
7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome
on 10 March 1988;
8. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the
Continental Shelf, done at Rome on 10 March 1988; or
9. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the
United Nations on 15 December 1997.
Rule 3.a.13. "Terrorist Organization, Association or Group of Persons" -refers to any entity owned or controlled
by any terrorist or group of terrorists that: (1) commits, or attempts to commit, terrorist acts by any means,
directly or indirectly, unlawfully and wilfully; (2) participates as an accomplice in terrorist acts; (3) organizes or
directs others to commit terrorist acts; or (4) contributes to the commission of terrorist acts by a group of
persons acting with common purpose of furthering the terrorist acts where the contribution is made
intentionally and with the aim of furthering the terrorist acts or with the knowledge of the intention of the
group to commit terrorist acts.
Rule 3.a.14. "Related Accounts" -refers to accounts the funds and sources of which originated from and/or are
materially linked to the property or funds subject of the freeze order.
Rule 3.a.15. "Suspicious transaction" -refers to a transaction with a covered institution, regardless of the amount
involved that is, in any way, related to terrorism financing or terrorist acts.
It includes attempted transactions made by suspected or designated terrorist individuals, organizations,

associations or groups of persons.
In determining whether a transaction is suspicious, covered institutions should consider the following
circumstances:
(1) Wire transfers between accounts, without visible legal, economic or business purpose, especially if the wire
transfers are affected through countries which are identified or connected with terrorist activities;
(2) Sources and/or beneficiaries of wire transfers are citizens of countries which are identified or connected with
terrorist activities;
(3) Repetitive deposits or withdrawals that cannot be satisfactorily explained or do not make economic or
business sense;
(4) Value of the transaction is grossly over and above what the client is capable of earning;
(5) Client is conducting a transaction that is out of the ordinary for his known business interests;
(6) Deposits by individuals who have no known connection or relation with the account holder;
(7) Client is receiving remittances from a country where none of his family members is working or residing;
(8) Client was reported and/or mentioned in the news to be involved in terrorist activities;
(9) Client is under investigation by law enforcement agencies for possible involvement in terrorist activities;
(10) Transactions of individuals, companies or Non-Government Organizations (NGOs)/Non-Profit
Organizations (NPOs) that are affiliated or related to people suspected of having connection with a terrorist
individual, organization, association or group of persons;
(11) Transactions of individuals, companies or NGOs/NPOs t hat are suspected of being used to payor receive
funds from a terrorist individual, organization, association or group of persons;
(12) The NGO/NPO does not appear to have expenses normally related to relief or humanitarian efforts;
(13) The absence of contributions from donors located within the country of origin of the NGO/NPO;
(14) The volume and frequency of transactions of the NGO/NPO are not commensurate with its stated purpose
and activity; and
(15) Any other transaction that is similar, identical or analogous to any of the foregoing.
RULE 4 Terrorism Financing Offenses
Rule 4. Financing of Terrorism. -Any person who, directly or indirectly, Willfully and without lawful excuse,
possesses, provides, collects, or uses property or funds or makes available property, funds or financial service or
other related services, by any means, with the unlawful and willful intention that they should be used or with
the knowledge that they are to be used, in full or in part: (a) to carry out or facilitate the commission of any
terrorist act; (b) by a terrorist organization, association, or group; or (c) by an individual terrorist, shall be guilty
of the crime of financing of terrorism and shall suffer the penalty of reclusion temporal in its maximum period to
reclusion perpetua and a fine of not less than Five Hundred Thousand Pesos (Php 500,000.00) nor more than
One Million Pesos (Php1,000,000.00).
Any person who organizes or directs others to commit financing of terrorism under the immediately
preceding paragraph shall likewise be guilty of an offense and shall suffer the same penalty as herein prescribed.
For purposes of the TF Suppression Act, knowledge or intent may be established by direct evidence or
inferred from the attendant circumstances.
For an act to constitute a crime under the TF Suppression Act, it shall not be necessary that the property
or funds were actually used to carry out terrorist acts as defined herein.
RULE 5 Attempt or Conspiracy to Commit Terrorism Financing Offense and Dealing with Property or Funds
Rule 5. Attempt or Conspiracy to Commit the Crimes of Financing of Terrorism and Dealing with Property or
Funds of Designated Persons. -Any attempt to commit any crime under Section 4 or Section 8 of the TF
Suppression Act shall be penalized by a penalty two degrees lower than that prescribed for the commission of
the same as provided under the TF Suppression Act.
Any conspiracy to commit any crime under Section 4 or 8 of the TF Suppression Act shall be penalized by the
same penalty prescribed for the commission of such crime under the said sections.
There is conspiracy to commit the offenses punishable under Sections 4 and 8 of the TF Suppression Act when
two or more persons come to an agreement concerning the commission of such offenses and decided to commit
it.
RULE 6 Accomplice to Terrorism Financing Offense
Rule 6. Accomplice. -Any person who, not being a principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 5 of the TF Suppression Act, cooperates in the execution of either the crime of
financing of terrorism or conspiracy to commit the crime of financing of terrorism by previous or simultaneous
acts shall suffer the penalty one degree lower than that prescribed for the conspirator.
RULE 7 Accessory to Terrorism Financing Offense
Rule 7. Accessory. -Any person who, having knowledge of the commission of the crime of financing of terrorism
but without having participated therein as a principal, takes part subsequent to its commission, by profiting from
it or by assisting the principal or principals to profit by the effects of the crime, or by concealing or destroying
the effects of the crime in order to prevent its discovery, or by harboring, concealing or assisting in the escape of
the principal of the crime shall be guilty as an accessory to the crime of financing of terrorism and shall be
imposed a penalty two degrees lower than that prescribed for principals in the crime of financing terrorism.
RULE 8 Dealings with Property or Funds of Designated Persons
Rule 8.a. Prohibition Against Dealing with Property or Funds of Designated Persons. -Any person who, not
being an accomplice as defined under Section 6 of the TF Suppression Act in relation to any property or funds:
(i) deals directly or indirectly, in any way and by any means, with any property or funds that he knows or has
reasonable ground to believe is owned or controlled by a designated person, organization, association or group
of persons, including funds derived or generated from property or funds owned or controlled, directly or
indirectly, by a designated person, organization, association or group of
persons; or
(ii) makes available any property or funds, or financial services or other related services to a designated person,
organization, association or group of persons,
shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less
than Five Hundred Thousand Pesos (Php5OO,OOO.OO) not more than One Million Pesos
(Phpl,OOO,OOO.OO).
For purposes of this Rule, "making available property or funds, financial services or other related services to
designated persons, organizations, associations or groups of persons" shall mean making or capacitating such
designated persons, organizations, associations or groups of persons to obtain benefit or benefits from property
or funds, or financial services or other related services. "Financial benefit" includes, but is not limited to, the
discharge of a financial obligation of such designated persons, organizations, associations or groups of persons.
Rule 8.b. Authorized Dealings. -Subject to the procedure as hereafter provided, the prohibition against dealing
with property or funds under Section 8 of the TF Suppression Act shall not apply to the following:
i) Payments falling under humanitarian exemptions, as provided for under Section 13 of the TF Suppression Act;
ii) Payments necessary to satisfy a judicial, administrative or arbitral judgment rendered or lien encumbered,
prior to the date of designation or listing of the designated persons, organizations, associations or groups of
persons;
iii) Payments of (a) interest or other earnings due on frozen deposit accounts or other assets, Provided that,
interest or other earnings due thereon shall Similarly be frozen once received; or (b) obligations under a valid
contract entered into before the accounts or other assets were frozen by reason of the account holder's
designation.
RULE 9 Offense Committed by a Juridical Person, Corporate Body or Alien
Rule 9. Offense by a Juridical Person, Corporate Body or Alien. -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, or who allowed by their gross negligence, 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, the alien shall, in addition to the penalties herein
prescribed, be deported without further proceedings after serving the penalties herein prescribed.
RULE 10 Authority to Investigate Terrorism Financing And Inquire into Bank Deposits and Investments
Rule 10.a Authority to Investigate Terrorism Financing. -The AMLC, either upon its own initiative or at the
request of the ATC, is hereby authorized to investigate: (a) any property or funds that are in any way related to
financing of terrorism or terrorist acts; (b) property or funds of any person or persons in relation to whom
there is probable cause to believe that such person or persons are committing or attempting or conspiring to
commit, or participating in or facilitating the financing of terrorism or terrorist acts as defined in the TF
Suppression Act.
The AMLC may also enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and-controlled corporations, in undertaking
measures, including information exchange, to prevent and suppress the financing of terrorism, which may
include the use of its personnel, facilities and resources.
For purposes of this Section and notwithstanding the provisions of Republic Act No. 1405, otherwise known as
the "Law on Secrecy of Bank Deposits" , as amended; Republic Act No. 6426, otherwise known as the "Foreign
Currency Deposit Act of the Philippines", as amended; Republic Act No. 8791, otherwise known as "The General
Banking Law of 2000"; and other laws, the AMLC is hereby authorized to inquire into or examine deposits and
investments with any banking institution or non-bank financial institution, and their subsidiaries and affiliates,
without a court order.
Rule 10.b. Procedure for Bank Inquiry or Examination. -Upon determination that probable cause exists that bank
deposits and investments (a) are in any way related to terrorism financing or terrorist acts, or (b) belongs to any
person, organization, association or group of persons who is committing or attempting or conspiring to commit,
or participating in or facilitating the financing of terrorism or terrorist acts, the AMLC, through its Secretariat,
may inquire into or examine bank deposits and investments, including related accounts, with such banking
institution or non-bank financial institution and its subsidiaries and affiliates.
The banking institution or non-bank financial institution and its subsidiaries and affiliates shall promptly give
the AMLC or its Secretariat full access to, and submit copies of, all transaction records and documents pertaining
to the deposit and investment accounts, including the related accounts subject of the inquiry or examination.
RULE 11 Authority to Freeze
Rule 11.a. Authority to Freeze. -The AMLC, either upon its own initiative or at the request of the ATC, is hereby
authorized to issue, ex parte, an order to freeze without delay: (a) property or funds that are in any way related
to financing of terrorism or terrorist acts; or (b) property or funds of any person, terrorist organization,
association or group of persons in relation to whom there is probable cause to believe that they are committing
or attempting or conspiring to commit, or participating in or facilitating the commission of financing of
terrorism or terrorist acts.
The freeze order shall be effective for a period not exceeding twenty (20) days. Upon a petition filed by the
AMLC before the expiration of the period, the effectivity of the freeze order may be extended up to a period
not exceeding six (6) months upon order of the Court of Appeals: Provided, That the twenty-day period shall
be tolled upon filing of a petition to extend the effectivity ofthe freeze order.
Notwithstanding the preceding paragraphs, the AMLC, consistent with the Philippines' international obligations,
is authorized to issue, ex-parte, a freeze order with respect to property or funds of designated persons,
organizations, associations, or groups of persons, based on binding terrorism-related Resolutions including
Resolution No. 1373, of the United Nations Security Council pursuant to Article 41 of the United Nations
Charter. The freeze order shall be effective until the basis for its issuance shall have been lifted. During the
effectivity of the freeze order, the aggrieved party may, within twenty (20) days from issuance, file with the
Court of Appeals a petition to determine the basis of the freeze order according to the principle of effective
judicial protection.
However, if the property or funds subject of the freeze order under the immediately preceding paragraph are
found to be in any way related to financing of terrorism or terrorist acts committed within the jurisdiction of the
Philippines, said property or funds shall be the subject of civil forfeiture proceedings as hereafter provided.
Rule 11.b. Mistaken Identity; Safe Harbor Provision. -In case a freeze has been effected based on mistaken
identity, no administrative, criminal or civil proceedings shall lie against any person or entity, including covered
institutions and relevant government agencies, for effecting a freeze on the property or funds in the absence of
bad faith, gross negligence or malice.
RULE 12 Exceptions for Investigative Requirements
Rule 12. Exceptions for Investigative Requirements. -Notwithstanding Section 11 of the TF Suppression Act, the
AMLC may defer the issuance of a freeze order for as long as necessary for any specific
investigative/prosecutorial purposes.
RULE 13 Humanitarian Exemptions; Procedure for Claiming
Rule 13.a. Filing of Petition to Withdraw with the Court of Appeals. -The person whose property or funds have
been frozen under Section 11, paragraph 1, of the TF Suppression Act may withdraw such sums as the court
determines to be reasonably needed for monthly family needs and sustenance including the services of counsel
and the family medical needs of such person.
Rule 13.a.l. -The person affected by the freeze referred to in the immediately preceding paragraph who seeks to
withdraw an amount to shoulder basic and necessary expenses, including those covered by authorized dealings
under Rule 8.b of these Rules, may file a verified petition before the Court of Appeals for an Order allowing
such withdrawal.
Rule 13.b. Filing of Petition to Withdraw with the AMLC and Referral to the United Nations. -The person whose
property or funds have been frozen under Section 11, paragraph 3, of the TF Suppression Act may withdraw
such sums as the AMLC determines to be reasonably needed for monthly family needs including the services of
counsel and the family medical needs of such person and/or the authorized dealings as provided under Rule 8.b.
of these Rules.
Rule 13.b.1. -The person affected by the freeze referred to in the immediately preceding paragraph who seeks to
withdraw an amount to shoulder basic and necessary expenses may file a verified petition for such purpose with
the AMLC which shall act thereon within five (5) working days from filing. Should the AMLC find merit in the
petition, it shall notify the appropriate United Nations Security Council Sanctions Committee of its intention to
authorize, where appropriate, the requested exemptions, and seek said Committee's recommendation on the
matter.
In the absence of a negative recommendation from the appropriate United Nations Security Council Sanctions
Committee within three (3) working days from notification, the AMLC shall grant the petition for withdrawal of
such sums as determined to be reasonably needed by the petitioner.
Petitions to withdraw sums for extraordinary expenses shall only be granted by the AMLC upon prior written
approval of the appropriate United Nations Security Council Sanctions Committee.
Rule 13.c. Basic, Necessary and Extraordinary Expenses. -For purposes of Rules 13.a and 13.b of these Rules, basic
and necessary expenses shall be limited to the following:
i) Funds necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and
medical treatment, taxes, insurances premiums, and public utility charges;
ii) Funds intended exclusively for payment of reasonable professional fees and reimbursement of incurred
expenses associated with the provision of legal services;
iii) Funds intended exclusively for payment of fees or service charges for routine holding or maintenance of
frozen funds or other financial assets or economic resources.
Expenses not falling under the foregoing shall be deemed "extraordinary expenses".
RULE 14 Appropriation and Use of Funds of the Public Attorney's Office
Rule 14. Appropriation and Use of Funds of the Public Attorney's Office (PAO). -Any appropriation and use of
funds of PAO to provide free legal assistance or services to persons, organizations, associations, or groups of
persons charged of the offenses defined and penalized under the TF Suppression Act shall not be construed as a
violation of said Act, thereby exempting the PAO from any liability.
RULE 15 Publication of Designation
Rule 15.a. Publication of Designation. -The Department of Foreign Affairs (DFA) with respect to designation
under Section 3(e) (1) of the TF Suppression Act, and t he ATC with respect to designation under Section 3 (e)
(2) and (3) and Section 11 of the same law, shall publish a list of the designated persons, organizations,
associations, and groups of persons pursuant to the TF Suppression Act or the HSA of 2007, as the case may be.
The AMLC, ATC and DFA shall, in their websites, make available to the public an electronic version of the List,
the TF Suppression Act and these Rules.
Rule 15.a.1.-Nothing in this Rule shall prevent the AMLC, ATC and DFA from adopting measures and
arrangements that will ensure the speedy publication and dissemination of the list of designated persons,
organizations, associations, and groups of persons.
Rule 15.b. Names of Persons and Entities to be Published. -Only persons, organizations, associations, and groups
of persons falling under the following categories sha ll be included in the publication:
i) Named persons, organizations, associations, and groups of persons subject to sanctions under United Nations
Security Council Resolution 1267 and successor resolutions including United Nations Security Council Resolutions
1988 and 1989;
ii) Organizations, associations, and groups of persons proscribed pursuant to Sec.17 ofthe HSA of 2007;
iii) Persons, organizations, associations, and groups of persons whose property or funds are subject to seizure
and sequestration under Sec.39 of the HSA of 2007; and
iv) Persons, organizations, associations, and groups of persons whose property or funds are frozen under Sec. 11
of the TF Suppression Act.
In addition to the foregoing, the publication shall include the following information:
1) the freeze order addressed to all covered institutions, relevant government agencies, entities or persons in
possession or control of any property or funds belonging to any of the above-named persons or entities;
2) the order prohibiting any person or entity from dealing with the property or funds of, or making available
property or funds, or financial services or other related services, to such designated persons, organizations,
associations or groups of persons.
3) the fact of designation and its implications;
4) the available remedies for the lifting of the freeze order and for de-listing;
5) the review procedure and information on de-listing; and
6) the manner of securing information for the reasons for listing.
RULE 16 Duties of the Covered Institutions and/or Relevant Government Agencies Upon Receipt of the Freeze
Order
Rule16.a Duty to Preserve the Frozen Property or Funds. -Upon receipt of the notice of a freeze order, the
covered institutions and/or relevant government agencies shall immediately preserve the subject property or
funds in accordance with the order of the AMLC and shall forthwith serve a copy of the notice of the freeze
order upon the owner or holder of the property or funds. Any responsible officer or person who fails to comply
with a freeze order shall suffer the penalty of imprisonment ranging from six (6) months to four (4) years and a
fine of not less than Five Hundred Thousand Pesos (Php500,OOO.OO) at the discretion of the court, without
prejudice to the administrative sanctions that the AMLC may impose on the erring covered institution.
Rule 16.b. Duty to Freeze and Preserve All Related Accounts. -Immediately upon receipt of the notice of the
freeze order referred to in Rule 16.a, the covered institutions and relevant government agencies shall likewise
preserve related accounts and serve a copy of the notice of the freeze order upon the owner(s) or holder(s)
thereof.
Rule 16.c. Return. -Within twenty-four (24) hours from receipt of the notice of freeze order, the covered
institutions and relevant government agencies shall submit to the AMLC, by personal delivery, a detailed written
return, specifying all the pertinent and relevant information which shall include, but not be limited to, the
following:
For covered institutions;

1. The account number(s);
2. The name(s) of the account owner(s) or holder(s);
3. The time of freezing of all subject accounts;
4. The balance of the account as of the time of freezing;
5. The related accounts, if any, including the balance thereof as of the time of freezing; and
6. Explanation as to the ground for the identification of related accounts.
For relevant government agencies;
1. The nature and description of the property;
2. The name(s) of the owner(s) and/or holder(s) of the property;
3. The mode and date of acquisition of the property by the owner(s); and
4. Location of the property.
Rule 16.d. Duty to Report All Attempted Dealings. -The foregoing notwithstanding, covered institutions and
relevant government agencies shall report to the AMLC any and all attempted dealings with regard to the
frozen property or funds within twenty four (24) hours from such attempt.
RULE 17 Predicate Offenses to Money Laundering
Rule. 17.a. Predicate Offenses to Money Laundering. -Financing of terrorism under Section 4 and offenses
punishable under Sections 5, 6, 7, and 8 of the TF Suppression Act shall be predicate offenses to money
laundering as defined in AMLA, as amended, and subject to its suspicious transaction reporting requirement.
Rule 17.b. Reporting Period for Suspicious Transaction .. Covered institutions shall report to the AMLC
suspicious transactions within five (5) working days from occurrence thereof, or within the period prescribed by
the Supervising Authority, which in no case shall exceed ten (10) working days from occurrence.
RULE 18 Forfeiture Action
Rule 18. Civil Forfeiture. -The procedure for the civil forfeiture of property or funds found to be in any way
related to financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of the TF
Suppression Act shall be made in accordance with the AMLA, as amended, its Implementing Rules and
Regulations and the Rules of Procedure promulgated by the Supreme Court.
RULE 19 Extra-Territorial Application
Rule 19.a. Extra-Territorial Application of the TF Suppression Act. -Subject to the provisions of an existing treaty,
including the International Convention for the Suppression of the Financing of Terrorism of which the
Philippines is a State Party, and to any contrary provision of any law of preferential application, the criminal
provisions of the TF Suppression Act shall apply: (a) to individual persons who, although physically outside the
territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished
in the Act inside the territorial limits of the Philippines; (b) to individual persons who, although physically
outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or
Philippine airship; (c) to individual persons who commit any of said crimes within any embassy, consulate, or
diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (d) to
individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes
against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in
the commission of the crime; and (e) to individual persons who, although physically outside the territorial limits
of the Philippines, commit said crimes directly against the Philippine government.
The provision of the TF Suppression Act shall likewise apply to a Filipino national who, although outside the
territorial jurisdiction of the Philippines, commits, conspires or plots to commit any of the crimes defined and
punished under said Act.
In case of an alien whose extradition is requested pursuant to the International Convention for the
Suppression of the Financing of Terrorism, and that alien is not extradited to the requesting State, the Republic
of the Philippines, without exception whatsoever and whether or not the offense was committed in the
Philippines, shall submit the case without undue delay to the Department of Justice for the purpose of
prosecution in the same manner as if the act constituting the offense had been committed in the Philippines, in
which case, the courts of the Philippines shall have jurisdiction over the offense, subject to the provisions of the
Philippine Extradition Law.
Rule 19.a.1. -For purposes of the immediately preceding paragraph, the Republic of the Philippines, through the
Office of the Chief State Counsel, Department of Justice, shall submit the case without undue delay to the
National Prosecution Service of the Department of Justice for preliminary investigation and, if warranted,
prosecution.
RULE 20 Extradition
Rule 20. Extradition. -The Philippines may, at its option, subject to the principle of reciprocity, consider the
International Convention for the Suppression of the Financing of Terrorism as a legal basis for requesting or
granting extradition in respect of the offenses set forth under the TF Suppression Act.
Rule 21. Applicability of the Revised Penal Code. -The provisions of Book I of the Revised Penal Code shall
apply suppletorily to the TF Suppression Act.
RULE 22 Rules on Designation
Rule 22.a. Designation by Adoption of UN Security Council Resolutions 1267, 1988, 1989 and Successor
Resolutions. -All designations made by the United Nations Security Council, and its appropriate Sanctions
Committee and any Sanctions list or any similar list issued in connection therewith shall be transmitted by the
Philippine Mission to the United Nations to the Department of Foreign Affairs in Manila which shall
immediately forward the same to the AMLC for the implementation of the freezing mechanism.
Immediately upon receipt of the list and Note VerbaIe, either from the DFA or directly from the United Nations
Security Council, the AMLC shall adopt and publish the list and order the freezing without delay of property or
funds of the persons, organizations, associations or groups of persons named in the list.
Rule 22.b. Modification and Amendment of AMLC Resolution. -In case the United Nations Security Council, or
any of its appropriate Sanctions Committee, adopts any change or modification to its Sanctions list or any
similar list, the AMLC shall act accordingly.
Rule 22.c. Designation on Account of Proscription, Seizure and Sequestration Under the HSA of 2007. -Judicially
declared and outlawed organizations, associations or groups of persons under Section 17 of the HSA of 2007,
including those whose property or funds are subject to seizure and sequestration under Section 39 of said law,
are deemed designated pursuant to and as defined under Section 3 (e),(2) and (3) of the TF Suppression Act.
Rule 22.d. Dissemination. -Copies of the Order of Proscription and list of persons, organizations, associations or
groups of persons, whose property or funds are subject to seizure and sequestration shall also be disseminated to
all covered institutions, relevant government agencies and other concerned sectors, and posted on the AMLC,
ATC and DFA websites.
Rule 22. e. Other designations. -Pursuant to Sec.54 (7) of the HSA of 2007 and consistent with the national
interest, all requests for designations made by another jurisdiction or supra-national jurisdiction shall be referred
by the DFA to the ATC to determine if proscription under Sec.17 of the HSA of 2007 is warranted and, if so, the
ATC shall correspondingly commence proscription proceedings.
RULE 23 Remedies for lifting of Freeze and De-listing
Rule 23.a. lifting of the Freeze on the Ground of Mistaken Identity. -Persons, organizations, associations or
groups of persons whose property or funds were frozen on account of mistaken identity may file with the
AMLC a verified petition for the lifting of the freeze order.
Rule 23.b. Grounds for de-listing. -A petition for de-listing may be filed with the appropriate United Nations
Security Council Sanctions Committee based on any of the following grounds:
i) Mistaken identity;
ii) Relevant and significant change of facts or circumstance, e.g. inclusion of the person in the Witness Protection
Program;
iii) Newly discovered evidence;
iv) Death of a designated person;
v) Dissolution or liquidation of designated organizations, associations or groups of persons; or
vi) Any other circumstance which would show that the basis for designation no
longer exists.
Rule 23.c. De-listing Through the Office of the Ombudsperson. -Any person or entity on the AI Qaida Sanctions
List (UNSCR 1267/1989) or their legal representative or estate seeking to submit a request for de-listing ca n do
so directly to the Office of the Ombudsperson at the following address:
In accordance with paragraph 21 of Annex II, United Nations Security Council Resolution No. 1989
(2011), the Office of the Ombudsperson shall receive de-listing requests submitted by, or on behalf of, a
petitioner following the procedures outlined in said Annex II (reproduced as Annex A of these Rules).
Rule 23.d. De-listing through the Focal Point. -Any person or entity listed under the Taliban Sanctions List
(UNSCR 1988) seeking to submit a request for de-listing can do so either through the focal point process
outlined in Resolution 1730 (2006) and its annex (reproduced as Annex B of these Rules) or through their State
of residence or citizenship.
Rule 23.e. Notice of De-listing and Lifting of the Freeze Order. -Where persons, organizations, associations or
groups of persons are de-listed by the United Nations Security Council, or its appropriate Sanctions Committee
in the aforementioned cases, the AMLC or the ATe, as the case may be, shall immediately issue a resolution or
notice that the person, organization, association or group of persons has been de-listed and the freeze order has
been lifted. The resolution or notice shall be disseminated by publication, posting on the websites of the AMLC,
ATC and DFA and, if needed, personal service on the concerned parties.
RULE 24 Domestic Coordination, International Cooperation and Mutual Legal Assistance
Rule 24.a. Domestic Coordination and International Cooperation. -The AMLC, in coordination with the ATC
and other relevant agencies, shall coordinate all efforts to prevent and suppress terrorism financing in the
Philippines and maintain coordination and cooperation with other nations in combating terrorist financing.
Matters that may be the subject of coordination include, but shall not be limited to, the following:
Rule 24.b. Mutual Legal Assistance among States. -The authority of the AMLC to act on matters of assistance
among States, including requests to freeze, shall be governed by Sec.13 of the AMLA, as amended, and its
Implementing Rules and Regulations.
RULE 25 Training and Education
Rule 25.a.Terrorist Financing Prevention Programs.-Covered institutions shall formulate and implement their
respective combating the financing of terrorism (CFT) programs, which may be embodied in their existing
money laundering prevention programs, and should include, but not limited to, information dissemination on
terrorist financing activities and their prevention, detection and reporting, and the training of their responsible
officers and personnel subject to such gUidelines as may be prescribed by their respective supervising authorities.
Every covered institution shall submit its own terrorist financing prevention program to the supervising authority
concerned within the period that the supervising authority may prescribe in the exercise of its regulatory
powers.
Rule 25.b. Training of Personnel. -Covered institutions shall provide all their responsible officers and personnel
with efficient, effective, continuing CFT training and educational programs to enable them to fully comply with
all their obligations under the TF Suppression Act and these Rules.
Rule 25.c. Training Programs. -The AMLC shall develop training and educational programs on the effective
prevention and suppression of terrorism financing, as well as on the implementation of the TF Suppression Act.
The AMLC shall supplement the continuing CFT training of responsible officers and personnel of covered
institutions and other relevant sectors, both public and private.
RULE 26 Administrative Sanctions
Rule 26. Administrative Sanctions. -After due notice and hearing, the AMLC may, at its discretion, penalize any
covered institution, its responsible officers and employees, or any person who violates any of the provisions of
the TF Suppression Act, its Implementing Rules and Regulations, Orders and Resolutions issued pursuant thereto.
Such penalty may either be a reprimand or a fine ranging from One Hundred Thousand Pesos (Php
1OO,OOO.OO) to Five Hundred Thousand Pesos (Php 5OO,OOO.OO). In imposing the penalty, the AMLC
shall take into consideration all the attendant circumstances such as, but not limited to, the nature and gravity of
the violation.
The imposition of the penalty shall be without prejudice to the filing of appropriate criminal charges against
the persons responsible for the violation.
RULE 27 Amendments and Guidelines
Rule 27. Amendments and Guidelines. -These Rules or any portion thereof may be amended by a unanimous
vote of the AMLC Chairman and Members. The Bangko Sentral ng Pilipinas, the Securities and Exchange
Commission, and the Insurance Commission shall issue their respective Guidelines and Circulars on terrorism
financing prevention and suppression to effectively implement the TF Suppression Act.
The AMLC may also issue Guidelines and Interpretative Notes for the effective implementation of the TF
Suppression Act and these Rules, and guidance of covered institutions and other relevant sectors, both public
and private.

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Anti Money Laundering Law

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I.

1. ANTI MONEY LAUNDERING LAW

1. What is money laundering?

2. What has the Philippine government done to curb money laundering?

3. What are considered unlawful activities under the AMLA, as amended?

 Kidnapping for ransom

4. How is money laundered through the financial system?

5. Why is Money laundering a problem?

8. What are the covered institutions?

10. What are the Record-Keeping Requirements?

All covered institutions shall:

11. What are covered transactions?

12. What are suspicious transactions?

a. there is no underlying legal or trade obligation, purpose or economic justification;

13. What are the reporting requirements?

14. How is reporting done?

REPUBLIC ACT NO. 10167

SEC. 2. Section 11 of the same Act is hereby amended to read as follows:

REPUBLIC ACT NO. 10365

(a) ‘Covered persons’, natural or juridical, refer to:

(7) persons who provide any of the following services:

(4) Plunder under Republic Act No. 7080, as amended;

(10) Smuggling under Republic Act Nos. 455 and 1937;

SEC. 4. Section 4 of the same Act is hereby amended to read as follows:

“(a) transacts said monetary instrument or property;

“SEC. 6. Prosecution of Money Laundering. –

SEC. 6. Section 7 of the same Act is hereby amended to read as follows:

SEC. 9. Section 12 of the same Act is hereby amended to read as follows:

SEC. 12. The succeeding sections are hereby renumbered accordingly.

The criminal acts described in Section 1 (d) are as follows:

5. By establishing agricultural, industrial or commercial monopolies or other combinations and/or

PRESIDENTIAL DECREE No. 749

REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 2. Definition of terms. As used in this Act, that term

BATAS PAMBANSA BLG. 22

II. Laws Related to Physical Abuse, Terrorism

1. REPUBLIC ACT No. 8049

(d) when the hazing is committed outside of the school or institution; or

2. REPUBLIC ACT N0. 9745

(a) The name, age and address of the patient or victim;

(1) Torture resulting in the death of any person;

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

3. Republic Act No. 9372 March 6, 2007

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10168

RULE 2 Declaration of Policy

RULE 3 Definition of Terms

Rule 3.a.5. "Designated persons" -refers to:

-refers to the following:

(a) Any act in violation of Section 3 or 4 of the HSA of 2007.

It includes attempted transactions made by suspected or designated terrorist individuals, organizations,

RULE 4 Terrorism Financing Offenses

RULE 6 Accomplice to Terrorism Financing Offense

RULE 9 Offense Committed by a Juridical Person, Corporate Body or Alien

RULE 13 Humanitarian Exemptions; Procedure for Claiming

RULE 14 Appropriation and Use of Funds of the Public Attorney's Office

RULE 15 Publication of Designation

For covered institutions;

RULE 17 Predicate Offenses to Money Laundering

RULE 22 Rules on Designation

RULE 23 Remedies for lifting of Freeze and De-listing

RULE 24 Domestic Coordination, International Cooperation and Mutual Legal Assistance

3. What are considered unlawful activities under the AMLA, as amended?  

 All covered institutions shall: