Executive Order No. 189, s.

2015
Signed on September 17, 2015

MALACAAN PALACE
MANILA

BY THE PRESIDENT OF THE PRESIDENT

EXECUTIVE ORDER NO. 189

CREATING THE NATIONAL CYBERSECURITY INTER-AGENCY COMMITTEE

WHEREAS, the 1987 Constitution recognizes the vital role of communication and information in
nation building;

WHEREAS, in order to ensure information security and promote a culture of responsibility and
discipline in handling classified and sensitive electronic information in the bureaucracy, there is a
need to review and update Memorandum Circulars 78 (s. 1964) and 196 (s. 1968) pertaining to the
security of classified matters in government offices, in order to account for current developments
in information and communications technology;

WHEREAS, Republic Act (RA) No. 10173, otherwise known as the Data Privacy Act of 2012,
recognizes the vital role of information and communications technology in nation-building and its
inherent obligation to ensure that personal data information and communications systems in the
government and in the private sector are secured and protected;

WHEREAS, the Data Privacy Act of 2012 mandates that all sensitive personal information
maintained by the government, its agencies, and instrumentalities shall be secured, as far as
practicable, with the use of the most appropriate standard recognized by the information and
communications technology industry;

WHEREAS, among the powers granted to the Cybercrime Investigation and Coordinating Center
(CICC) under RA No. 10175, otherwise known as the Cybercrime Prevention Act of 2012, is
the formulation and enforcement of the national cybersecurity plan and the creation of a national
computer emergency response team;

WHEREAS, there is an increasing number of cyber threats against government and commercial
information systems which places these institutions at great risk;

WHEREAS, there is an urgent need to assess national vulnerabilities of government and

commercial information systems to cyber threats that compromise critical infrastructure and
strengthen the nations cybersecurity capability by putting in place measures to eliminate or reduce
such vulnerabilities;
WHEREAS, it is necessary to create a body which will coordinate government agencies and other
relevant sectors in the preparation of appropriate and effective measures to strengthen their
cybersecurity capabilities against existing and future cyber threats; and

WHEREAS, under Executive (EO) No. 292, otherwise known as the Revised Administrative
Code of the Philippines, the President has the continuing authority to reorganize the Office of the
President.

NOW, THEREFORE, I BENIGNO S. AQUINO III, President of the Philippines, by virtue of

the powers vested in me by law, do hereby order:

Section 1. Cybersecurity Inter-Agency Committee. There is hereby created a Cybersecurity

Inter-Agency Committee, hereinafter referred to as Committee, under the Office of the
President, to be chaired by the Executive Secretary, co-chaired by the Director General of the
National Security Council (NSC) and the Secretary of the Department of Science and Technology
(DOST), and shall further be composed of the following officials:

Secretary of the Department of Energy (DOE);

Secretary of the Department of Finance (DOF);

Secretary of the Department of Foreign Affairs

(DFA);

Secretary of the Department of the Interior and

Local Government (DILG);

Secretary of the Department of Justice (DOJ);

Secretary of the Department of National

Defense (DND);
Members:
Secretary of the Department of Transportation
and Communications (DOTC);

Secretary of the Presidential Communications

Development and Strategic Planning Office
(PCDSPO);

Secretary of the Presidential Communications

Operation Office (PCOO);

Commissioner of the National

Telecommunications Commission (NTC);
 Chairman of the National Privacy Commission
(NPC); and

Executive Director of the Anti-Terrorism

Council Program Management Center (ATC-
PMC).

The Committee may invite concerned public and private agencies or entities to participate,
complement, and assist in the performance of its functions.

Section 2. Functions. The Committee shall have the following functions:

a. Assess the vulnerabilities of the countrys cybersecurity;

b. Issue updated security protocols to all government employees in the storage, handling and
distribution of all forms (digital, electronic, snail mail, etc.) of documents and communications.
Following best practices, these protocols shall be updated periodically and as necessary, in light
of the rapid developments in information and communications technology.

c. Enhance the public-private partnership in the field of information sharing involving

cyberattacks, threats and vulnerabilities to cyber threats;

d. Conduct periodic strategic planning and workshop activities that will reduce the countrys
vulnerabilities to cyber threats;

e. Direct its member agencies and appropriate agencies to implement cybersecurity measures as
may be required by the situation;

f. Serve as the countrys coordinating arm on domestic, international, and transnational efforts
pertaining to cybersecurity;

g. Make such recommendations and/or such other reports as the President may from time to time
direct; and

h. Perform such other functions as may be necessary.

Section 3. National Cybersecurity Coordination Center. There is hereby created a National

Cybersecurity Coordination Center, hereinafter referred to as NCCC, which shall act as the
secretariat of the Committee and shall be composed of officials from the member agencies of the
Committee and other agencies the NCCC shall designate. The Committee shall provide for the
guidelines for the creation of the NCCC, including the suitable ranks of officials that shall comprise
the NCCC. The NCCC shall constitute within it a National Computer Emergency Response Team
(NCERT) with the head of the NCCC as the team leader of the NCERT. The NCERT shall issue
guidelines on the handling of government data/information by members of CERTs to be organized
within the respective agencies and shall perform oversight and audit functions as to compliance
with said guidelines.
Section 4. Creation of the Computer Emergency Response Teams (CERTs). All bureaus,
offices, agencies, and instrumentalities of the Government shall organize their respective CERTs,
subject to the guidelines to be issued by the CICC. All CERTs in the country shall directly report
to the CICC.

Section 5. Transfer of CICC. The CICC, created under the Cybercrime Prevention Act of 2012,
attached to the Office of the President, shall be under the administrative and policy supervision of
the Committee.

Section 6. Funding. The member agencies are authorized to charge against their current
appropriations such amounts as may be necessary for the implementation of this Order. Additional
funds and possible funding sources, as may be necessary for the implementation of this Order shall
be identified by the Department of Budget and Management. Subsequent funding requirements
shall be incorporated in the annual budget proposal of the respective agencies through the General
Appropriations Act.

Section 7. Separability. If any provision of this Order is declared invalid or unconstitutional, the
other provisions not affected thereby shall remain valid and subsisting.

Section 8. Repeal. All orders, rules, regulations, and issuances or parts thereof which are
inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

Section 9. Effectivity. This Order shall take effect immediately upon its publication in a
newspaper of general circulation.

DONE, in the City of Manila, this 17th day of September, in the year of our Lord, Two Thousand
and Fifteen.

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary

Source: Malacaang Records Office

Office of the President of the Philippines. (2015). [Executive Order]. Manila : Malacaang
Records Office.
 An Act Defining and Penalizing Distracted
Driving
Republic Act No. 10913
Congress of the Philippines
21 July 2016
S. No. 3211

H. No. 4531

Republic of the Philippines

Congress of the Philippines
Metro Manila

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
fifteen.

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

assembled:

Section 1. Short Title. This Act shall be known as the Anti-Distracted Driving Act.

Section 2. Declaration of Policy. It is hereby declared the policy of the State to safeguard its
citizenry from the ruinous and extremely injurious effects of vehicular accidents.

While the State recognizes the vital roles of information and communications technology in
nation-building, the State also takes cognizance of the inimical consequences of the unrestrained
use of electronic mobile devices on road safety as to cause its regulation.

Section 3. Definition of Terms. As used in this Act:

(a) Diplomatic motor vehicle any motor vehicle leased or owned by a foreign mission and its
staff for their official use;

(b) Electronic entertainment and computing device any handheld electronic device capable of
digital information processing, recording, capturing or displaying and computing operations such
as, but not limited to, laptop, computers, tablets, video game consoles and calculators;
(c) Government motor vehicle any motor vehicle owned by the national government or any of
its agencies, instrumentalities or political subdivisions, including government-owned or -
controlled corporations or their subsidiaries for official use;

(d) Implementing agency the Department of Transportation and Communications-Land

Transportation Office (DOTC-LTO);

(e) Mobile communications devices electronic communications equipment such as, but not
limited to, cellular phones, wireless telephones, two-way radio transceivers, pagers and other
similar devices capable of transmitting, receiving, or both, of encrypted data and/or signals
through wireless electronic or any other similar means;

(f) Motor vehicle engine-driven vehicles such as, but not limited to, automobiles, trucks, vans,
buses, jeeps, motorcycles and tricycles;

(g) Motorist a person driving a motor vehicle;

(h) Private motor vehicle any motor vehicle owned by individuals and juridical persons for
private use; and

(i) Public motor vehicle a motor vehicle with a valid franchise issued by the appropriate
government agency to operate as a public utility vehicle or any vehicle for hire.

Section 4. Distracted Driving. Subject to the qualifications in Sections 5 and 6 of this Act,
distracted driving refers to the performance by a motorist of any of the following acts in a motor
vehicle in motion or temporarily stopped at a red light, whether diplomatic, public or private,
which are hereby declared unlawful:

(a) Using a mobile communications device to write, send, or read a text-based communication or
to make or receive calls, and other similar acts; and

(b) Using an electronic entertainment or computing device to play games, watch movies, surf the
internet, compose messages, read e-books, perform calculations, and other similar acts.

Section 5. Extent of Coverage.

(a) The operation of a mobile communications device is not considered to be distracted driving if
done using the aid of a hands-free function or similar device such as, but not limited to, a speaker
phone, earphones and microphones or other similar devices which allow a person to make and
receive calls without having to hold the mobile communications device: Provided, That the
placement of the mobile communications device or the hands-free device does not interfere with
the line of sight of the driver.

(b) Wheeled agricultural machineries such as tractors and construction equipment such as
graders, rollers, backhoes, payloaders, cranes, bulldozers, mobile concrete mixers and the like,
and other forms of conveyances such as bicycles, pedicabs, habal-habal, trolleys, kuligligs,
wagons, carriages, carts, sledges, chariots or the like, whether animal or human-powered, are
covered by the provisions of this Act as long as the same are operated or driven in public
thoroughfares, highways or streets or under circumstances where public safety is under
consideration.

(c) The provisions of this Act shall not apply to motorists of motor vehicles which are not in
motion, except those which are stopped momentarily at a red light, or are pulled over to the side
of the road in compliance with a traffic regulation.

Section 6. Exemptions. The provisions of this Act shall not apply to the following:

(a) A motorist using a mobile phone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider, fire department, or other
emergency services, agency or entity; and

(b) A motorist using a mobile phone while operating an emergency vehicle such as an
ambulance, a fire truck, and other vehicles providing emergency assistance, in the course and
scope of his or her duties.

Section 7. Nationwide Public Information Campaign. The DOTC-LTO, in coordination with

the Philippine Information Agency (PIA), the Department of Education (DepEd), the Department
of the Interior and Local Government (DILG), the Philippine National Police (PNP) and private
agencies and organizations shall undertake a nationwide information, education and
communication (IEC) campaign for a period of six (6) months from the effectivity of this Act.

Section 8. Penalties. Any person who shall violate any provision of this Act shall be penalized
with:

(a) A fine of five thousand pesos (5,000.00) for the first offense;

(b) A fine of ten thousand pesos (10,000.00) for the second offense;

(c) A fine of fifteen thousand pesos (15,000.00) and suspension of drivers license for three (3)
months for the third offense; and

(d) A fine of twenty thousand pesos (20,000.00) and revocation of drivers license; Provided,
That the implementing agency may increase the amount of fine herein imposed once every five
(5) years in the amount not exceeding ten percent (10%) of the existing rates sought to be
increased which shall take effect only upon publication in at least two (2) newspapers of general
circulation: Provided, Further, That a driver of a public utility vehicle, a school bus, a school
service vehicle, a common carrier hauling volatile, flammable or toxic material, or a driver who
commits an act classified herein as distracted driving within a fifty (50)-meter radius from the
school premises shall be subject to a penalty of thirty thousand pesos (30,000.00) and
suspension of ones drivers license for three (3) months.The foregoing penalties shall be
imposed without prejudice to other liabilities under the Revised Penal Code or any special law,
arising out or on occasion of the herein prohibited acts.
Section 9. Liability of Owner and/or Operator of the Vehicle Driven by the Offender. The
owner and/or operator of the vehicle driven by the offender shall be directly and principally held
liable together with the offender for the fine unless he or she is able to convincingly prove that he
or she has exercised extraordinary diligence in the selection and supervision of his or her drivers
in general and the offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility vehicles and
commercial vehicles such as delivery vans, cargo trucks, container trucks, school and company
buses, hotel transports, cars or vans for rent, taxi cabs, and the like.

Section 10. Enforcement and Assistance by Other Agencies. The Metro Manila Development
Authority (MMDA), the PNP and other concerned government agencies and instrumentalities
shall be responsible for the enforcement of the foregoing provisions and shall render such
assistance as may be required by the DOTC-LTO in order to effectively implement the
provisions of this Act.

Section 11. Implementing Rules and Regulations. The DOTC-LTO shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity of this
Act.

Section 12. Repealing Clause. Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to, or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.

Section 13. Separability Clause. If, for any reason, any part or provision of this Act is declared
invalid, such declaration shall not affect the other provisions of this Act.

Section 14. Effectivity. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,
(Sgd) (Sgd)
FELICIANO BELMONTE JR. FRANKLIN M. DRILON
Speaker of the House of Representatives President of the Senate
This Act was passed by the Senate of the Philippines as Senate Bill No. 3211 on May 30, 2016
and adopted by the House of Representatives as an amendment to House Bill No. 4531 on June
6, 2016.
(Sgd)
(Sgd)
MARILYN B. BARUA-YAP
OSCAR G. YABES
Secretary General
Secretary of the Senate
House of Representatives

BENIGNO S. AQUINO III

President of the Philippines
 Congress of the Philippines
Twelfth Congress

REPUBLIC ACT NO. 9160 September 29, 2001

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING

PENALTIES THEREFOR AND FOR OTHER PURPOSES

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

assembled:

Section 1. Short Title. This Act shall be known as the "Anti-Money Laundering Act of 2001."

Section 2. Declaration of Policy. It is hereby declared the policy of the State to protect and
preserve the integrity and confidentiality of bank accounts and to ensure that the Philippines shall
not be used as a money laundering site for the proceeds of any unlawful activity. Consistent with
its foreign policy, the State shall extend cooperation in transnational investigations and
prosecutions of persons involved in money laundering activities whenever committed.

Section 3. Definitions. For purposes of this Act, the following terms are hereby defined as
follows:

(a) "Covered Institution" refers to:

(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and
their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng
Pilipinas (BSP);

(2) Insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and

(3) (i) securities dealers, brokers, salesmen, investment houses and other similar
entities managing securities or rendering services as investment agent, advisor, or
consultant, (ii) mutual funds, close and investment companies, common trust
funds, pre-need companies and other similar entities, (iii) foreign exchange
corporations, money changers, money payment, remittance, and transfer
companies and other similar entities, and (iv) 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 Securities and Exchange Commission.

(b) "Covered transaction" is a single, series, or combination of transactions involving a

total amount in excess of Four million Philippine pesos (Php4,000,000.00) or an
equivalent amount in foreign currency based on the prevailing exchange rate within five
(5) consecutive banking days except those between a covered institution and a person
who, at the time of the transaction was a properly identified client and the amount is
commensurate with the business or financial capacity of the client; or those with an
underlying legal or trade obligation, purpose, origin or economic justification.

It likewise refers to a single, series or combination or pattern of unusually large and

complex transactions in excess of Four million Philippine pesos (Php4,000,000.00)
especially cash deposits and investments having no credible purpose or origin, underlying
trade obligation or contract.

(c) "Monetary Instrument" refers to:

(1) coins or currency of legal tender of the Philippines, or of any other country;

(2) drafts, checks and notes;

(3) securities or negotiable instruments, bonds, commercial papers, deposit

certificates, trust certificates, custodial receipts or deposit substitute instruments,
trading orders, transaction tickets and confirmations of sale or investments and
money marked instruments; and

(4) other similar instruments where title thereto passes to another by endorsement,
assignment or delivery.

(d) "Offender" refers to any person who commits a money laundering offense.

(e) "Person" refers to any natural or juridical person.

(f) "Proceeds" refers to an amount derived or realized from an unlawful activity.

(g) "Supervising Authority" refers to the appropriate supervisory or regulatory agency,

department or office supervising or regulating the covered institutions enumerated in
Section 3(a).

(h) "Transaction" refers to any act establishing any right or obligation or giving rise to
any contractual or legal relationship between the parties thereto. It also includes any
movement of funds by any means with a covered institution.

(l) "Unlawful activity" refers to any act or omission or series or combination thereof
involving or having 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 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as

amended, otherwise known as the Dangerous Drugs Act of 1972;
 (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 of the Revised Penal Code, as amended;

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

(11) Violations under Republic Act No. 8792, otherwise known as the Electronic
Commerce Act of 2000;

(12) Hijacking and other violations under Republic Act No. 6235; destructive
arson and murder, as defined under the Revised Penal Code, as amended,
including those perpetrated by terrorists against non-combatant persons and
similar targets;

(13) Fraudulent practices and other violations under Republic Act No. 8799,
otherwise known as the Securities Regulation Code of 2000;

(14) Felonies or offenses of a similar nature that are punishable under the penal
laws of other countries.

Section 4. Money Laundering Offense. Money laundering is a crime whereby the proceeds of
an unlawful activity are transacted, thereby making them appear to have originated from
legitimate sources. It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents, involves, or
relates to the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.

(b) Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in paragraph (a) above.
 (c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to
do so.

Section 5. Jurisdiction of Money Laundering Cases. The regional trial courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers and private
persons who are in conspiracy with such public officers shall be under the jurisdiction of the
Sandiganbayan.

Section 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) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing
and other remedies provided.

Section 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:

(1) to require and receive covered transaction reports from covered institutions;

(2) to issue orders addressed to the appropriate Supervising Authority or the covered
institution to determine the true identity of the owner of any monetary instrument or
property subject of a covered transaction report or request for assistance from a foreign
State, or believed by the Council, on the basis of substantial evidence to be in whole or in
part, whenever located, representing, involving, or related to, directly or indirectly, in any
manner or by any means, the proceeds of an unlawful activity;

(3) to institute civil forfeiture proceedings and all other remedial proceedings through the
Office of the Solicitor General;

(4) to cause the filing of complaints with the Department of Justice or the Ombudsman
for the prosecution of money laundering offenses;

(5) to initiate investigations of covered transactions, money laundering activities and

other violations of this Act;

(6) to freeze any monetary instrument or property alleged to be proceed of any unlawful
activity;
 (7) to implement such measures as may be necessary and justified under this Act to
counteract money laundering;

(8) to receive and take action in respect of, any request from foreign states for assistance
in their own anti-money laundering operations provided in this Act;

(9) to develop educational programs on the pernicious effects of money laundering, the
methods and techniques used in money laundering, the viable means of preventing
money laundering and the effective ways of prosecuting and punishing offenders; and

(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and controlled
corporations, in undertaking any and all anti-money laundering operations, which may
include the use of its personnel, facilities and resources for the more resolute prevention,
detection and investigation of money laundering offenses and prosecution of offenders.

Section 8. Creation of a Secretariat. The AMLC is hereby authorized to establish a secretariat

to be headed by an Executive Director who shall be appointed by the Council for a term of five
(5) years. He must be a member of the Philippine Bar, at least thirty-five (35) years of age and of
good moral character, unquestionable integrity and known probity. All members of the
Secretariat must have served for at least five (5) years either in the Insurance Commission, the
Securities and Exchange Commission or the Bangko Sentral ng Pilipinas (BSP) and shall hold
full-time permanent positions within the BSP.

Section 9. Prevention of Money Laundering; Customer Identification Requirements and Record

Keeping.

(a) Customer Identification, - Covered institutions shall establish and record the true
identity of its clients based on official documents. They shall maintain a system of
verifying the true identity of their clients and, in case of corporate clients, require a
system of verifying their legal existence and organizational structure, as well as the
authority and identification of all persons purporting to act on their behalf.

The provisions of existing laws to the contrary notwithstanding, anonymous accounts,

accounts under fictitious names, and all other similar accounts shall be absolutely
prohibited. Peso and foreign currency non-checking numbered accounts shall be allowed.
The BSP may conduct annual testing solely limited to the determination of the existence
and true identity of the owners of such accounts.

(b) Record Keeping All records of all transactions of covered institutions shall be
maintained and safely stored for five (5) years from the date of transactions. With respect
to closed accounts, the records on customer identification, account files and business
correspondence, shall be preserved and safety stored for at least five (5) years from the
dates when they were closed.
 (c) Reporting of Covered Transactions. Covered institutions shall report to the
AMLC all covered transactions within five (5) working days from occurrence thereof,
unless the Supervising Authority concerned prescribes a longer period not exceeding ten
(10) working days.

When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates shall not be deemed to
have violated Republic Act No. 1405, as amended; Republic Act No. 6426, as amended;
Republic Act No. 8791 and other similar laws, but are prohibited from communicating, directly
or indirectly, in any manner or by any means, to any person the fact that a covered transaction
report was made, the contents thereof, or any other information in relation thereto. In case of
violation thereof, the concerned officer, employee, representative, agent, advisor, consultant or
associate of the covered institution, shall be criminally liable. However, no administrative,
criminal or civil proceedings, shall lie against any person for having made a covered transaction
report in the regular performance of his duties and in good faith, whether or not such reporting
results in any criminal prosecution under this Act or any other Philippine law.

When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates 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 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, employee, representative, agent, advisor, consultant or associate of the
covered institution, or media shall be held criminally liable.

Section 10. Authority to Freeze. Upon determination that probable cause exists that any deposit
or similar account is in any way related to an unlawful activity, the AMLC may issue a freeze
order, which shall be effective immediately, on the account for a period not exceeding fifteen
(15) days. Notice to the depositor that his account has been frozen shall be issued simultaneously
with the issuance of the freeze order. The depositor shall have seventy-two (72) hours upon
receipt of the notice to explain why the freeze order should be lifted. The AMLC has seventy-
two (72) hours to dispose of the depositor's explanation. If it falls to act within seventy-two (72)
hours from receipt of the depositor's explanation, the freeze order shall automatically be
dissolved. The fifteen (15)-day freeze order of the AMLC may be extended upon order of the
court, provided that the fifteen (15)-day period shall be tolled pending the court's decision to
extend the period.

No court shall issue a temporary restraining order or writ of injunction against any freeze order
issued by the AMLC except the Court of Appeals or the Supreme Court.

Section 11. Authority to inquire into Bank Deposits. Notwithstanding the provisions of
Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No.
8791, and other laws, the AMLC may inquire into or examine any particular deposit or
investment with any banking institution or non-bank financial institution upon order of any
competent court in cases of violation of this Act when it has been established that there is
probable cause that the deposits or investments involved are in any way related to a money
laundering offense: Provided, That this provision shall not apply to deposits and investments
made prior to the effectivity of this Act.

Section 12. Forfeiture Provisions.

(a) Civil Forfeiture. When there is a covered transaction report made, and the court
has, in a petition filed for the purpose ordered seizure of any monetary instrument or
property, in whole or in part, directly or indirectly, related to said report, the Revised
Rules of Court on civil forfeiture shall apply.

(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 conviction and order of forfeiture, within fifteen (15)
days from the date of the order or forfeiture, in default of which the said order shall
become final and executory. 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.

Section 13. Mutual Assistance among States.

(a) Request for Assistance from a Foreign State. Where a foreign State makes a
request for assistance in the investigation or prosecution of a money laundering offense,
the AMLC may execute the request or refuse to execute the same and inform the foreign
State of any valid reason for not executing the request or for delaying the execution
thereof. The principles of mutuality and reciprocity shall, for this purpose, be at all times
recognized.
(b) Power of the AMLC to Act on a Request for Assistance from a Foreign State.
The AMLC may execute a request for assistance from a foreign State by: (1) tracking
down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful
activity under the procedures laid down in this Act; (2) giving information needed by the
foreign State within the procedures laid down in this Act; and (3) applying for an order of
forfeiture of any monetary instrument or property in the court: Provided, That the court
shall not issue such an order unless the application is accompanied by an authenticated
copy of the order of a court in the requesting State ordering the forfeiture of said
monetary instrument or properly of a person who has been convicted of a money
laundering offense in the requesting State, and a certification of an affidavit of a
competent officer of the requesting State stating that the conviction and the order of
forfeiture are final and then no further appeal lies in respect or either.

(c) Obtaining Assistance from Foreign States. The AMLC may make a request to
any foreign State for assistance in (1) tracking down, freezing, restraining and seizing
assets alleged to be proceeds of any unlawful activity; (2) obtaining information that it
needs relating to any covered transaction, money laundering offense or any other matter
directly or indirectly, related thereto; (3) to the extent allowed by the law of the Foreign
State, applying with the proper court therein for an order to enter any premises belonging
to or in the possession or control of, any or all of the persons named in said request,
and/or search any or all such persons named therein and/or remove any document,
material or object named in said request: Provided, That the documents accompanying
the request in support of the application have been duly authenticated in accordance with
the applicable law or regulation of the foreign State; and (4) applying for an order of
forfeiture of any monetary instrument or property in the proper court in the foreign State:
Provided, That the request is accompanied by an authenticated copy of the order of the
regional trial court ordering the forfeiture of said monetary instrument or property of a
convicted offender and an affidavit of the clerk of court stating that the conviction and
the order of forfeiture are final and that no further appeal lies in respect of either.

(d) Limitations on Request for Mutual Assistance. The AMLC may refuse to comply
with any request for assistance where the action sought by the request contravenes any
provision of the Constitution or the execution of a request is likely to prejudice the
national interest of the Philippines unless there is a treaty between the Philippines and the
requesting State relating to the provision of assistance in relation to money laundering
offenses.

(e) Requirements for Requests for Mutual Assistance from Foreign State. A
request for mutual assistance from a foreign State must (1) confirm that an investigation
or prosecution is being conducted in respect of a money launderer named therein or that
he has been convicted of any money laundering offense; (2) state the grounds on which
any person is being investigated or prosecuted for money laundering or the details of his
conviction; (3) gives sufficient particulars as to the identity of said person; (4) give
particulars sufficient to identity any covered institution believed to have any information,
document, material or object which may be of assistance to the investigation or
prosecution; (5) ask from the covered institution concerned any information, document,
 material or object which may be of assistance to the investigation or prosecution; (6)
specify the manner in which and to whom said information, document, material or object
detained pursuant to said request, is to be produced; (7) give all the particulars necessary
for the issuance by the court in the requested State of the writs, orders or processes
needed by the requesting State; and (8) contain such other information as may assist in
the execution of the request.

(f) Authentication of Documents. For purposes of this Section, a document is

authenticated if the same is signed or certified by a judge, magistrate or equivalent officer
in or of, the requesting State, and authenticated by the oath or affirmation of a witness or
sealed with an official or public seal of a minister, secretary of State, or officer in or of,
the government of the requesting State, or of the person administering the government or
a department of the requesting territory, protectorate or colony. The certificate of
authentication may also be made by a secretary of the embassy or legation, consul
general, consul, vice consul, consular agent or any officer in the foreign service of the
Philippines stationed in the foreign State in which the record is kept, and authenticated by
the seal of his office.

(g) Extradition. The Philippines shall negotiate for the inclusion of money laundering
offenses as herein defined among extraditable offenses in all future treaties.

Section 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 (Php 3,000,000.00) 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) 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 (Php 1,500,000.00) but not more
than Three million Philippine pesos (Php 3,000,000.00), shall be imposed upon a person
convicted under Section 4(b) 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 (Php 100,000.00) but not more than Five
hundred thousand Philippine pesos (Php 500,000.00), or both, shall be imposed on a
person convicted under Section 4(c) of this Act.

(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6)
months to one (1) year or a fine of not less than One hundred thousand Philippine pesos
(Php 100,000.00) but not more than Five hundred thousand Philippine pesos (Php
500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of this
Act.
 (c) Malicious Reporting. Any person who, with malice, or in bad faith, report or files a
completely unwarranted or false information relative to money laundering transaction
against any person shall be subject to a penalty of six (6) months to four (4) years
imprisonment and a fine of not less than One hundred thousand Philippine pesos (Php
100,000.00) but not more than Five hundred thousand Philippine pesos (Php 500,000.00),
at the discretion of the court: Provided, That the offender is not entitled to avail the
benefits of the Probation Law.

If the offender is a corporation, association, partnership or any juridical person, the

penalty shall be imposed upon the responsible officers, as the case may be, who
participated in the commission of the crime or who shall have knowingly permitted or
failed to prevent its commission. If the offender is a juridical person, the court may
suspend or revoke its license. If the offender is an alien, he shall, in addition to the
penalties herein prescribed, be deported without further proceedings after serving the
penalties herein prescribed. If the offender is a public official or employee, he shall, in
addition to the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be;

Any public official or employee who is called upon to testify and refuses to do the same
or purposely fails to testify shall suffer the same penalties prescribed herein.

(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3)
to eight (8) years and a fine of not less than Five hundred thousand Philippine pesos (Php
500,000.00) but not more than One million Philippine pesos (Php 1,000,000.00), shall be
imposed on a person convicted for a violation under Section 9(c).

Section 15. System of Incentives and Rewards. A system of special incentives and rewards is
hereby established to be given to the appropriate government agency and its personnel that led
and initiated an investigation, prosecution and conviction of persons involved in the offense
penalized in Section 4 of this Act.

Section 16. Prohibitions Against Political Harassment. This Act shall not be used for political
prosecution or harassment or as an instrument to hamper competition in trade and commerce.

No case for money laundering may be filed against and no assets shall be frozen, attached or
forfeited to the prejudice of a candidate for an electoral office during an election period.

Section 17. Restitution. Restitution for any aggrieved party shall be governed by the provisions
of the New Civil Code.

Section 18. Implementing Rules and Regulations. Within thirty (30) days from the effectivity
of this Act, the Bangko Sentral ng Pilipinas, the Insurance Commission and the Securities and
Exchange Commission shall promulgate the rules and regulations to implement effectivity the
provisions of this Act. Said rules and regulations shall be submitted to the Congressional
Oversight Committee for approval.
Covered institutions shall formulate their respective money laundering prevention programs in
accordance with this Act including, but not limited to, information dissemination on money
laundering activities and its prevention, detection and reporting, and the training of responsible
officers and personnel of covered institutions.

Section 19. Congressional Oversight Committee. There is hereby created a Congressional

Oversight Committee composed of seven (7) members from the Senate and seven (7) members
from the House of Representatives. The members from the Senate shall be appointed by the
Senate President based on the proportional representation of the parties or coalitions therein with
at least two (2) Senators representing the minority. The members from the House of
Representatives shall be appointed by the Speaker also based on proportional representation of
the parties or coalitions therein with at least two (2) members representing the minority.

The Oversight Committee shall have the power to promulgate its own rules, to oversee the
implementation of this Act, and to review or revise the implementing rules issued by the Anti-
Money Laundering Council within thirty (30) days from the promulgation of the said rules.

Section 20. Appropriations Clause. The AMLC shall be provided with an initial appropriation
of Twenty-five million Philippine pesos (Php 25,000,000.00) to be drawn from the national
government. Appropriations for the succeeding years shall be included in the General
Appropriations Act.

Section 21. Separability Clause. If any provision or section of this Act or the application
thereof to any person or circumstance is held to be invalid, the other provisions or sections of this
Act, and the application of such provision or section to other persons or circumstances, shall not
be affected thereby.

Section 22. Repealing Clause. All laws, decrees, executive orders, rules and regulations or
parts thereof, including the relevant provisions of Republic Act No. 1405, as amended; Republic
Act No. 6426, as amended; Republic Act No. 8791, as amended and other similar laws, as are
inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Section 23. 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.

The provisions of this Act shall not apply to deposits and investments made prior to its
effectivity.

Approved,

(Sgd)
FRANKLIN M. DRILON
President of the Senate

(Sgd)

JOSE DE VENECIA, JR.

Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 3083 and Senate Bill No. 1745 was finally
passed by the House of Representatives and the Senate on September 29, 2001.

(Sgd)

OSCAR G. YARES
Secretary of the Senate

(Sgd)

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved: September 29, 2001

(Sgd)

GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Republic of the Philippines
Congress of the Philippines
Metro Manila
Seventeenth Congress
First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand sixteen.

[REPUBLIC ACT NO. 10927]

AN ACT DESIGNATING CASINOS AS COVERED PERSONS UNDER REPUBLIC

ACT NO. 9160 ,
OTHERWISE KNOWN AS THE "ANTI -MONEY LAUNDERING ACT OF 2001", AS
AMENDED

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

Congress assembled:

SECTION 1. Section 3(a) of Republic Act No. 9160. as

amended, is hereby further amended to read as follows:
"(a) 'Covered persons', natural or Juridical, refer
to:

"x x x

"(8) casinos, including internet and ship-based

casinos. with respect to their casino cash
transactions related to their gaming operations.

x x x."

SEC. 2. Section 3(b) of Republic Act No. 9160 is hereby

further amended to read as follows:

"(b) Covered transaction' is a transaction in

cash or other equivalent monetary instrument
 involving a total amount in excess of Five hundred
thousand pesos (P500,000.00) within one (1) banking
day; for covered persons under Section 3(a)(8), a
single casino cash transaction involving an amount
in excess of Five million pesos (P5,000,000.00) or its
equivalent in any other currency."

SEC. 3. Section 3 of Republic Act No. 9160, as amended,

is hereby [mther amended by inserting a new paragraph (I)
to read as follow s:

"x x x

" (I) For purposes of covered persons under

Section 3(a)(8), the following terms are hereby
defined as follows:

"(l) 'Casino' refers to a business authorized by

the appropriate government agency to engage in
gaming operations:

"(i) 'Internet-based casino' shall refer to casinos

in which persons participate by the use of remote
communication facilities such as, but not limited to,
internet, telephone, television, radio or any other
kind of electronic Or other technology for facilitating
communication; and

"(ii) 'Ship-based casino' shall refer to casinos,

the operation of which is undertaken on board a
vessel, ship, boat or any other water-based craft
wholly or partly intended for gambling;

"(2) 'Casino cash transaction refers to

transactions involving the receipt of cash by a casino
paid by or on behalf of a customer; or transactions
involving the payout of cash by a casino to a customer
or to any person in his/her behalf; and
 "(3) 'Gaming operations' refer to the activities
or the casino offering games of chance and any
variations thereof approved by the appropriate
government authority."

SEC. 4. Section 10 of Republic Act No. 9160, as amended,

is hereby further 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,
for a period of twenty (20) days. Within the twenty
(20)-day period, the Court of Appeals shall conduct
a summary hearing, with notice to the parties, to
determine whether or not to modify or lift the freeze
order, or extend its effectivity. The total period of
the freeze order issued by the Court of Appeals under
this provision shall not exceed six (6) months. This
is without prejudice to an asset preservation order
that the Regional Trial Court having jurisdiction over
the appropriate anti-money laundering case or civil
forfeiture case may issue on the same account
depending upon the circumstances of the case, where
the Court of Appeals will remand the case and its
records: Provided , That if there is no case filed
against a person whose account has been frozen
within the period determined by the Court of
Appeals, not exceeding six (6) months, 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.
 "The freeze order or asset preservation order
issued under this Act shall be limited only to the
amount of cash or monetary instrument or value of
property that the court finds there is probable cause
to be considered as proceeds of a predicate offense,
and the freeze order or asset preservation order shall
not apply to amounts in the same account in excess
of the amount of value of the proceeds of the
predicate offense.

"x x x

SEC. 5. Section 18 of Republic Act No. 9160 is hereby

amended by inserting a new paragraph to read as follows:

"SEC. 18. Implementing Rules and Regulations. -

"x x x

"x x x

"Within ninety (90) days from the effectivity of

this Act, the AMLC, the Philippine Amusement and
Gaming Corporation (PAGCOR) and other
government regulatory agencies shall jointly
promulgate the rules and regulations to implement
the provisions of this Act as applicable to casinos as
covered institutions. The implementing rules
applicable to other covered institutions shall not
apply to casinos unless it is expressly so provided
under the rules and regulations to implement the
provisions of this Act."

SEC . 6. Separability Clause. - If any provision of this

Act IS declared unconstitutional, the same shall not affect the
validity and effectivity of other provisions hereof.
 SEC. 7. Repealing Clause. - All laws, decrees, orders, and
issuances or portions hereof, which are Inconsistent with the
provisions of this Act, are hereby repealed, amended or modified
accordingly.

SEC. 8. Effectivity - This Act shall take effect fifteen

(15) days following its publication in the Official Gazelle or
In any newspaper of general circulation .

Senate Bill No. 1468, which was approved by the Senate

on May 30, 2017, was adopted as an amendment to House
Bill No . 5663 by the House of Representatives on
May 30, 2017.
Philippine Executive Order 26

Philippine Executive Order 26, entitled Providing for the Establishment of Smoke-Free
Environments in Public and Enclosed Places,[1] was issued by Philippine President Rodrigo
Duterte on 16 May 2017. This executive order invoked the Clean Air Act of 1999 and the
Tobacco Regulation Act of 2003 to impose a nationwide ban on smoking in all public places in
the Philippines.[2] The ban replicates on a national level an existing ordinance in Davao City that
Duterte created as mayor in 2002.[3] The order took effect on 23 July 2017, 60 days after its
publication in a newspaper.[3] [4] [5]

Provisions

Section 3. Prohibited Acts, The following acts are declared unlawful and prohibited;

(a) Smoking within enclosed public places conveyances, whether stationary or in motion, except
in DSAs fully compliant with the requirements of Section 4 of his Order;

(b) For persons-in-charge to allow, abet or tolerate smoking in places enumerated in the
preceding paragraph, outside of DSAs fully compliant with Section 4 of this Order;

(c) For any person to sell, distribute or purchase tobacco products to and from minors. It shall not
be a defense for the person selling or distributing that he/she did not know or was not aware of
the real age of the minor. Neither shall it be a defense that he/she did not know nor had any
reason to believe that the cigarette or any other tobacco product was for the consumption of the
minor to whom it was sold;

(d) For a minor to smoke, sell or buy cigarettes or any tobacco products;

(e) Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver,
advertise or promote tobacco products;

(f) Selling or distributing tobacco products in a school, public playground, youth hostels and
recreational facilities for minors, including those frequented by minors, or within 100 meters
from any point of the perimeter of these places;

(g) Placing, posting, displaying or distributing advertisement and promotional materials of

tobacco products, such as but not limited to leaflets, posters, display structures and other
materials within 100 meters from the perimeter of a school, public playground, and other
facilities frequented particularly by minors, hostel and recreational facilities for minors,
including those frequented by them, or in an establishment when such establishments or its
location is prohibited from selling tobacco products.

(h) Placing any form of tobacco advertisement outside of the premises of point-of-sale retail
establishments; and
(i) Placing any stall, booth, and other displays concerning tobacco promotions to areas outside
the premises of point-of-sale locations or adult-only facilities.

The order restricts and penalizes the act of smoking tobacco products in enclosed public places
and public conveyances, whether stationary or in motion, except in certain designated smoking
areas. It requires that all public buildings or places that are accessible or open to the public
regardless of ownership or right to access must be smoke-free inside and within 10 meters (33 ft)
from entrances and exits or where people pass or congregate, and from air intake ducts. This
includes but is not limited to:[1]

Government buildings
Schools, colleges and universities
Offices and other workplaces
Restaurants and other food and drink establishments
Hotels and other accommodation facilities
Hospitals, health centers, clinics and nursing homes
Transportation terminals
Churches
Shopping centers, retail stores and other merchandise establishments
Entertainment establishments
Sports venues
Other establishments that provide professional services

Public conveyances include buses and jeepneys, taxicabs, tricycles and other public utility
vehicles, rail transit, airplanes and ships. The order also prohibits smoking in all outdoor spaces
where people gather such as parks, playgrounds, sidewalks, waiting areas, open-air markets and
resorts.[1]

The order also covers existing bans on the sale, distribution and purchase of tobacco products to
and from minors, or persons below 18 years old, as well as the restrictions on cigarette
advertisements and promotions under the Tobacco Regulation Act.[4] It also instructs all local
government units to form a "Smoke Free Task Force" to help enforce its provisions.[6]

Penalties

The order imposes fines of up to 10,000 (US$200) for violation of the smoking ban in public
places as prescribed in section 32 of the Tobacco Regulation Act.[3] [7] Enforcement can be
performed by members of the Philippine National Police and the local task forces of each city
and municipality.[1]

500 1,000 for first offense

1,000 5,000 second offense
5,000 10,000 for the third offense plus revocation of business permit or license to
operate of the violating establishment

Designated smoking areas

Section 4 of the EO details the standards required for designated smoking areas (DSA) in public
places:[1] [2]

DSAs shall have a combined area and buffer zone not larger than 20 percent of the total
floor area of the building but not smaller than 10 meters (33 ft)
DSAs shall have no opening that will allow air to escape to the smoke-free area of the
building or conveyance
DSAs shall have a ventilation system independent of other ventilation systems servicing
the rest of the building or conveyance
DSAs shall prominently display a "Smoking Area" signage, graphic health warnings, and
prohibition on the entry of persons below 18 years old
There shall only be one DSA per building or conveyance

The order also stipulates that no designated smoking areas shall be installed in all centers of
youth activity such as playschools, preparatory schools, elementary schools, high schools,
colleges and universities, youth hostels and recreational facilities for minors; elevators and
stairwells; fire-hazard locations such as gas stations and storage areas for flammable liquids, gas,
explosives or combustible materials; hospitals, health centers, medical, dental and optical clinics,
nursing homes, dispensaries and laboratories; and food preparation areas.[2] [1]