After selecting your 5 concepts/articles/sections make a video explaining them

in vernacular language.
1. R.A 9160 - Sec. 2 - Declaration of Policy.
2. R.A 9160 - Sec. 6. Prosecution of Money Laundering.
3. R.A 1405 - Sec. 3 -
4. R.A 9160 - Sec. 10 - Authority to Freeze.
5. R.A 9160 - SEC. 14. Penal Provisions.

[REPUBLIC ACT NO. 9160]

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING

PENALTIES THEREFOR AND FOR OTHER PURPOSES

http://www.amlc.gov.ph/news-and-announcements/2-uncategorised/55-revised-implementing-
rules-and-regulations-of-republic-act-no-9160

Introduction: Republic Act. No. 9160, also known as the “Anti-Money Laundering Act of
2001” as amended by, the following revised implementing rules and regulations (RIRR)
are hereby promulgated:

SEC. 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.

Examples of unlawful activity:

1. Graft and corruption practies

2. Drug offenses

3. Smuggling

4. E-commerce violations and such.

Consistent with its foreign policy, the State shall extend cooperation in transnational
investigations and prosecutions of persons involved in money laundering activities
wherever committed.
Explanation: This law is not only applicable to the citizens but this is an international
law, in cooperation with other countries because we are signatory of different treaties
that sanctions money laundering.

SEC. 6. Prosecution of Money Laundering.

(1) Any person may be charged with and convicted of both the offense of money
laundering and the unlawful activity (human trafficking) as defined under Section
3.i of the AMLA, as amended.

Explanation: The proceedings will go independtly, it is a special law and it has its own
penalties and violations,

(2) Any proceeding relating to the unlawful activity shall be given precedence over
the prosecution of any offense or violation under the AMLA, as amended, without
prejudice to the ex-parte application by the AMLC with the Court of Appeals for a
freeze order with respect to the monetary instrument or property involved therein
and resort to other remedies provided under the AMLA, as amended, the Rules
of Court and other pertinent laws and rules.

Explanation: any action, hearing or trial relating to the unlawful activity shall be given
precedence or unahin muna bago yung prosecution sa offense or violation under the
AMLA, nang walang prejudice or judgdment to the ex-parte application by the AMLC or
council with the court of appeals for a freeze order. Ano ibigsabihin ng ex-parte
application?

An Ex Parte Application is used for one party to ask the Court for an order without
providing the other party(ies) the usual amount of notice or opportunity to write an
opposition.

Sources:

Freezing Orders (also called Injunctions) are a legal means of preventing the sale of
any assets and are legally enforceable if not adhered to. Generally, the injunction is put
in place for a period of time preceding a court judgement.

Precedence - the condition of being considered more important than someone or

something else; priority in importance, order, or rank.

Prejudice - harm or injury that results or may result from some action or judgment.
SEC. 10. Authority to File Petitions for Freeze Order —

Explanation: if the council determines that the money comes from an unlawful
activity then the council will issue a freeze order in the court.

Freezing of any monetary instrument or property. 

Upon determination that probable cause exists that any deposit or similar account is in
any way related to an unlawful activity, as defined in Rule 3.h hereof or to a money
laundering offense, the Court of Appeals may issue a freeze order on said monetary
instrument or property which shall be effective immediately.

Explanation: pag may freeze order sa account mo, hindi mo na magagalaw yun,
hindi ka makakawithdraw, transfer, conversion, or other disposition of the subject
monetary instrument or property dahil sa freeze order.

The freeze order shall be effective for twenty (20) days unless extended by the Court of
Appeals upon motion by the AMLC.

(4)   The Court shall act on the petition to freeze within twenty-four (24) hours from filing
of the petition. If the petition is filed a day before a nonworking day, the computation of
the twenty-four (24) hour period shall exclude the nonworking days.

(5)   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.

(6)   No court shall issue a temporary restraining order or a writ of injunction against any
freeze order, except the Supreme Court.
SEC. 14. Penal Provisions. —

(a) Penalties for the Crime of Money Laundering.

Rule 14. a.1. Penalties under Section 4 (a) of the AMLA, as amended. - 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 the AMLA, as amended.

Rule 14. a.2. Penalties under Section 4 (b) of the AMLA, as amended. - 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 (PHP 3,000,000.00), shall be imposed upon a person convicted
under Section 4 (b) of the AMLA, as amended.

Rule 14. a.3. Penalties under Section 4 (c) of the AMLA, as amended. - 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 Section 4(c) of the AMLA, as amended.

. Rule 14. a.4. Administrative Sanctions. – (1) After due notice and hearing, the
AMLC shall, at its discretion, impose fines upon any covered institution, its officers and
employees, or any person who violates any of the provisions of Republic Act No. 9160,
as amended by Republic Act No. 9194 and Republic Act No. 10167 and rules,
regulations, orders and resolutions issued pursuant thereto. The fines shall be in
amounts as may be determined by the Council, taking into consideration all the
attendant circumstances, such as the nature and gravity of the violation or irregularity,
but in no case shall such fines be less than One Hundred Thousand Philippine Pesos
(PHP100,000.00) but not to exceed Five Hundred Thousand Philippine Pesos
(PHP500,000.00). The imposition of the administrative sanctions shall be without
prejudice to the filing of criminal charges against the persons responsible for the
violations.

Rule 14.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 (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 Section 9 (b) of the AMLA, as amended.

Rule 14.c. Penalties for Malicious Reporting. - Any person who, with malice, or in
bad faith, reports 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 (PHP100, 000.00) but not more than Five Hundred
Thousand Philippine Pesos (PHP500, 000.00), at the discretion of the court: Provided,
That the offender is not entitled to avail the benefits of the Probation Law.

Rule 14.d. Penalties for Breach of Confidentiality. – The punishment of

imprisonment ranging from three (3) to eight (8) years and a fine of not less than Five
Hundred Thousand Philippine Pesos (PHP500,000.00) but not more than One Million
Philippine Pesos (PHP1,000,000.00), shall be imposed on a person convicted for a
violation under Section 9(c) of the AMLA, as amended. In case of a breach of
confidentiality that is published or reported by the media, the responsible reporter,
writer, president, publisher, manager and editor-in-chief shall be liable under the AMLA,
as amended.

Rule 14.e. Refusal by a Public Official or Employee to Testify. – 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.

Rule 14.f. Where Offender is a Juridical Person, Alien or Public Officer. –

If the offender is a corporation, association, partnership or any other juridical person, the
penalty of imprisonment and/or fine shall be imposed upon the responsible officers, as
the case may be, who participated in, or allowed by their gross negligence the
commission of the crime and 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.

REPUBLIC ACT NO.1405

AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY

BANKING INSTITUTION
AND PROVIDING PENALTY THEREFOR

SECTION 3. It shall be unlawful for any official or employee of a banking institution to
disclose to any person other than those mentioned in Section two hereof any
information concerning said deposits.

Explanation: Section 2 states that “Its instrumentalities, are hereby considered as of an

absolutely confidential nature and may not be examined, inquired or looked into by
any person, government official, bureau or office, except upon written permission
of the depositor, or in cases of impeachment, or upon order of a competent court
in cases of bribery or dereliction of duty of public officials, or in cases where the
money deposited or invested is the subject matter of the litigation.

https://www.pdic.gov.ph/lawonsecrecyofbankdeposits

What is the purpose of bank secrecy law?

Under the Bank Secrecy Act (BSA), financial institutions are required to assist U.S.
government agencies in detecting and preventing money laundering,