ANTMONEY

LAUNDERING ACT
I-
as amended
(Republic Act 9160, 9194, 10167, 10365, 10927,11521)
ANTMONEY
LAUNDERING ACT OF 2021
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Powers of Anti-Money Laundering Council

Foreign State Assistance

Penal Provisions
RULE III
B.    “Anti-Money Laundering Council”
(AMLC) refers to the financial
intelligence unit of the Republic of the
Philippines which is the government
agency tasked to implement the AMLA.
 AMLC
POWERS OF

"(1) to require and receive covered or suspicious

transaction reports from covered institutions;

-"(5) to investigate suspicious transactions

and covered transactions deemed suspicious
after determination by AMLC, money
laundering activities and other violations of
this Act.

AMLC Regulatory Issuance number 4 series of 2021-

2021 AMLC Registration and Reporting Guidelines-
Covered Persons, as the first line of defense against money
laundering/terrorism financing (ML/TF), they are mandated to
report all covered and suspicious transactions to the Anti-Money
Laundering Council (AMLC). The reports should be complete,
accurate, and timely as they provide vital information for the
effective identification and detection of financial crime patterns and
trends through financial analysis.
 PREVENTIVEMEASURES
TRANSACTION RECORD
REPORTING IDENTIFICATION
CUSTOMERS KEEPING
COVERED TRANSACTION
FINANCIAL INSTITUTIONS
SUSPICIOUS TRANSACTION

REALTY TRANSACTION

LRA/ROD “(12) to require the Land Registration Authority

SEC. 2. Section 3 of the same Act is further amended by inserting between paragraphs (b) and (c) a new
paragraph designated as (b-1) to read as follows: and all its Registries of Deeds to submit to the
"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved,
AMLC, reports on all real estate transactions
where any of the following circumstances exist: involving an amount in excess of Five hundred
"1. there is no underlying legal or trade obligation, purpose or economic justification;
thousand pesos (P500,000.00) within fifteen
(15) days from the date of registration of the
"2. the client is not properly identified;
transaction, in a form to be prescribed by the
"3. the amount involved is not commensurate with the business or financial capacity of the client;
AMLC. The AMLC may also require the Land
"5. 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;
Registration Authority and all its Registries of
"6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is Deeds to submit copies of relevant documents
being or has been committed; or
"7. any transaction that is similar or analogous to any of the foregoing." of all real estate transactions.”
  8
Rule 7 The Anti-Money Laundering Council. - The Sec.  Creation of a Secretariat. – The AMLC is hereby authorized to
AMLC is composed of the Governor of the BSP as
establish a secretariat to be headed by an Executive Director
Chairperson, and the Commissioner of the IC and the who shall be appointed by the Council for a term of five (5)
Chairperson of the SEC, as Members. years. He must be a member of the Philippine Bar, at least
thirty-five (35) years of age and of good moral character,
Rule 7.1Unanimous Decision - The AMLC shall act
unquestionable integrity and known probity. All members of the
unanimously
b in discharging its functions as defined in the
Secretariat must have served for at least five (5) years either in
AMLA and in these Rules. However, in the case of the the Insurance Commission, the Securities and Exchange
incapacity, absence or disability of any members to Commission or the Bangko Sentral ng Pilipinas (BSP) and shall
discharge his functions, the officer duly designated or hold full-time permanent positions within the BSP.
authorized to discharge the functions of the Governor of
the BSP, the Chairman of the SEC
Sec. 8-
A

IC
 Information Security and Confidentiality. - The AMLC
and its Secretariat shall securely protect information

BS received or processed and shall not reveal, in any

SEC manner, any information known to them by reason of

P
their office. This prohibition shall apply even after their
separation from the AMLC.
"The AMLC shall formulate rules governing information
AMLC SECRETARIAT exchange and dissemination, the security and
confidentiality of such information, including
procedures for handling, storage, and protection of, as
well as access to such information."
 PREVENTIVEMEASURES
TRANSACTION RECORD
REPORTING IDENTIFICATION
CUSTOMERS KEEPING
COVERED TRANSACTION
FINANCIAL INSTITUTIONS
SUSPICIOUS TRANSACTION
NON-FINANCIAL BUSINESSES AND PROFESSION
REALTY TRANSACTION

LRA/ROD “(12) to require the Land Registration Authority

SEC. 2. Section 3 of the same Act is further amended by inserting between paragraphs (b) and (c) a new
paragraph designated as (b-1) to read as follows: and all its Registries of Deeds to submit to the
"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved,
AMLC, reports on all real estate transactions
where any of the following circumstances exist: involving an amount in excess of Five hundred
"1. there is no underlying legal or trade obligation, purpose or economic justification;
thousand pesos (P500,000.00) within fifteen
(15) days from the date of registration of the
"2. the client is not properly identified;
transaction, in a form to be prescribed by the
"3. the amount involved is not commensurate with the business or financial capacity of the client;
AMLC. The AMLC may also require the Land
"5. 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;
Registration Authority and all its Registries of
"6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is Deeds to submit copies of relevant documents
being or has been committed; or
"7. any transaction that is similar or analogous to any of the foregoing." of all real estate transactions.”
 RULE 9.c.5
Safe Harbor Provisions. – No administrative,
criminal or civil proceedings shall lie against any
person for having made a covered transaction
report or a suspicious 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.
.
 AMLC
POWERS OF
"(2) to issue orders addressed to the appropriate
Supervising Authority or the covered institutions to
determine the true identity of the owner of any
monetary instrument or property subject of a covered
transaction or suspicious transaction report or request
for assistance from a foreign State, or believed by the
Council, on the basis for substantial evidence, to be, in
whole or in part, wherever located, representing,
involving, or related to directly or indirectly, in any
manner or by any means, the proceeds of an unlawful
activitity.

(3) to institute civil forfeiture proceedings and all other

remedial proceedings through the Office of the Solicitor
General;
 CIVIL
FORFEITURE
Rule 12.b. Applicable Rule. The Rule of Procedure
in Cases of Civil Forfeiture, Asset Preservation, and
Freezing of Monetary Instrument, Property, or
Proceeds Representing, Involving, or Relating to
an Unlawful Activity or Money Laundering Offense
under Republic Act No. 9160, as Amended (A.M.
No. 05-11-04-SC) shall govern all civil forfeiture
proceedings instituted pursuant to the AMLA, as
amended.
 CIVIL
FORFEITURE
Sec. 27. No prior charge, pendency or conviction
necessary. – No prior criminal charge, pendency of or
conviction for an unlawful activity or money
laundering offense is necessary for the
commencement or the resolution of a petition for civil
forfeiture.

Rule 12.a. Authority to Institute Civil Forfeiture

Proceedings. – The AMLC is authorized under Section 7
(3) of the AMLA, as amended, to institute civil forfeiture
proceedings and all other remedial proceedings through
the Office of the Solicitor General.
 CIVIL
FORFEITURE
Rule 12.c. Claim on Forfeited Assets. - Where the court
has issued an order of forfeiture in a proceeding
instituted pursuant to Section 12 of the AMLA, as
amended, 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 order of
forfeiture within fifteen (15) days from the date of
finality of the order of forfeiture, in default of which the
said order shall become executory.

Rule 12.d 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
offender to pay an amount equal to the value of said
monetary instrument or property.
Rule 12.d. Payment in lieu of Forfeiture. - Where the court has issued an order of forfeiture of
the monetary instrument or property related to an unlawful activity under Section 3 (i) of the
AMLA, as amended, or a money laundering offense under Section 4 of the AMLA, as amended,
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,

CIVIL
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 FORFEITURE
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 offender to pay an amount equal to the value of said monetary
instrument or property.
 AMLC
POWERS OF
(11) to impose administrative sanctions
for the violation of laws, rules,
regulations, and orders and resolutions
issued pursuant thereto."

Rule 6.b.         When the AMLC finds, after

investigation, that there is probable cause to charge

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any person with a money laundering offense under
Section 4 of the AMLA, as amended, it shall cause a
complaint to be filed, pursuant to Section 7 (4) of the
AMLA, as amended, before the Department of
Justice or the Office of the Ombudsman, which shall
then conduct the preliminary investigation of the
case.
Rule 5.a. Jurisdiction of Money Laundering Cases. -
The Regional Trial Courts shall have the 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.
Rule 14.4. Where Offender is a Juridical Person. - 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 ALLOWED
BY THEIR GROSS NEGLIGENCE the commission of the crime. 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.
POLITICAL HARASSMENT RULE
15.1. Prohibition against Political Persecution. - The AMLA and these
Rules shall not be used for political persecution or harassment or as an
instrument to hamper competition in trade and commerce. No case for
money laundering may be filed to the prejudice of a candidate for an
electoral office during an election period.
Rule 15.2. Provisional Remedies Application; Exception. –
 
Rule 15.2.a. - The AMLC may apply, in the course of the criminal proceedings, for
provisional remedies to prevent the monetary instrument or property subject
thereof from being removed, concealed, converted, commingled with other
property or otherwise to prevent its being found or taken by the applicant or
otherwise placed or taken beyond the jurisdiction of the court. However, no
assets shall be attached to the prejudice of a candidate for an electoral office
during an election period.
Rule 15.2.b. - Where there is conviction for money laundering under Section 4 of
the AMLA, the court shall issue a judgment of forfeiture in favor of the
Government of the Philippines with respect to the monetary instrument or
property found to be proceeds of one or more unlawful activities. However, no
assets shall be forfeited to the prejudice of a candidate for an electoral office
during an election period.
 
 AMLC
POWERS OF
(6)   to file with the Court of Appeals, ex-parte, through
the Office of the Solicitor General:

a.)    a petition for the freezing of any monetary

instrument or property alleged to be proceeds of any
unlawful activity as defined under sub-paragraphs (a)
to (o) of Rule 3.h hereof;
b.)    an application for authority to inquire into or

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examine any particular deposit or investment, including
related accounts, with any banking institution or non-
bank financial institution;
  Bank Inquiry Freeze Order
With Court Order Money Laundering/ Unlawful Unlawful activity
activity
Without Court Order Rule 3.h. “Unlawful activity” Freeze by Council: Terrorist
(119 crimes) Financing Act and other same
act
 AMLC
POWERS OF
(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

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assistance in their own anti-money
laundering operations provided in this
Act;
 MUTUASSISTANCE AMONG STATES
RuleAL
13.1. 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.
Rule 13.3. 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 asset
s 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
 
 MUTUASSISTANCE AMONG STATES
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Rule 13.5. Requirements for Requests for Mutual Assistance from Foreign States. -
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) give sufficient particulars as to the identity of said person; (4) give particulars
sufficient to identify 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 obtained 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.
 MUTUASSISTANCE AMONG STATES
AL
Rule 13.5. Requirements for Requests for Mutual Assistance from Foreign States. -
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) give sufficient particulars as to the identity of said person; (4) give particulars
sufficient to identify 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 obtained 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.
 AMLC
POWERS OF
(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,

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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.
RA 11521
"(13) in the conduct of its investigation, the AMLC
shall apply for the issuance of a search and seizure
order with any competent court;

"(14) in the conduct of its investigation, the AMLC

shall apply for the issuance of subpoena ad
testificandum and/or subpoena duces tecum with
any competent court;
RA 11521
"(15) to implement targeted financial sanctions in relation to proliferation of weapons of mass destruction and
its financing, including ex parte freeze, without delay, against all funds and other assets that are owned and
controlled, directly or indirectly, including funds and assets derived or generated therefrom, by individuals or
entities designated and listed under United Nations Security Council Resolution Numbers 1718 of 2006 and
2231 of 2015 and their successor resolutions as well as any binding resolution of the Security Council; and

"(16) to preserve, manage or dispose assets pursuant to a freeze order, asset preservation order, or judgment
of forfeiture: Provided, however, That pending their turnover to the national government, all expenses
incurred in relation to the duties herein mentioned shall be deducted from the amount to be turned over to
the national government."
THANK
YOU