MALACAANG include all kinds and types of vessels or boats
Manila used in fishing.
PRESIDENTIAL DECREE No. 532 August 8, 1974
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF
1974
WHEREAS, reports from law-enforcement agencies reveal
that lawless elements are still committing acts of
depredations upon the persons and properties of innocent
and defenseless inhabitants who travel from one place to
another, thereby distributing the peace, order and tranquility
of the nation and stunting the economic and social progress
of the people;
WHEREAS, such acts of depredations constitute either
piracy or highway robbery/brigandage which are among the
highest forms of lawlessness condemned by the penal
statutes of all countries; and,
WHEREAS, it is imperative that said lawless elements be
discouraged from perpetrating such acts of depredations by
imposing heavy penalty on the offenders, with the end in
view of eliminating all obstacles to the economic, social,
educational and community progress of the people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers vested in me by
the Constitution and pursuant to proclamation No. 1081,
dated September 21, 1972 and No. 1104, dated January 17,
1973 and General Order No. 1, dated September 22, 1972,
do hereby order and decree as part of the law of the land the
following:
Section 1. Title. This Decree shall be known as the Anti-
Piracy and Anti-Highway Robbery Law of 1974.
Section 2. Definition of Terms. The following terms shall
mean and be understood, as follows:
a. Philippine Waters. It shall refer to all bodies of
water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the
Islands of the Philippine Archipelago, irrespective
of its depth, breadth, length or dimension, and all
other waters belonging to the Philippines by
historic or legal title, including territorial sea, the
sea-bed, the insular shelves, and other submarine
areas over which the Philippines has sovereignty
or jurisdiction.
b. Vessel. Any vessel or watercraft used for
transport of passengers and cargo from one place
to another through Philippine Waters. It shall
c. Philippine Highway. It shall refer to any road,
street, passage, highway and bridges or other
parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or
locomotives or trains for the movement or
circulation of persons or transportation of goods,
articles, or property or both.
d. Piracy. Any attack upon or seizure of any
vessel, or the taking away of the whole or part
thereof or its cargo, equipment, or the personal
belongings of its complement or passengers,
irrespective of the value thereof, by means of
violence against or intimidation of persons or force
upon things, committed by any person, including a
passenger or member of the complement of said
vessel, in Philippine waters, shall be considered
as piracy. The offenders shall be considered as
pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of
any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of
another by means of violence against or
intimidation of person or force upon things of other
unlawful means, committed by any person on any
Philippine Highway.
Section 3. Penalties. Any person who commits piracy or
highway robbery/brigandage as herein defined, shall, upon
conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its
medium and maximum periods shall be imposed.
If physical injuries or other crimes are committed
as a result or on the occasion thereof, the penalty
of reclusion perpetua shall be imposed. If rape,
murder or homicide is committed as a result or on
the occasion of piracy, or when the offenders
abandoned the victims without means of saving
themselves, or when the seizure is accomplished
by firing upon or boarding a vessel, the mandatory
penalty of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty of
reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are
committed during or on the occasion of the
commission of robbery or brigandage, the penalty
of reclusion temporal in its medium and maximum
periods shall be imposed. If kidnapping for ransom
or extortion, or murder or homicide, or rape is
committed as a result or on the occasion thereof,
the penalty of death shall be imposed.
Section 4. Aiding pirates or highway robbers/brigands or
abetting piracy or highway robbery/brigandage. Any person
who knowingly and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them information
about the movement of police or other peace officers of the
government, or acquires or receives property taken by such
pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the
commission of piracy or highway robbery or brigandage,
shall be considered as an accomplice of the principal
offenders and be punished in accordance with the Rules
prescribed by the Revised Penal Code.
It shall be presumed that any person who does any of the
acts provided in this Section has performed knowingly,
unless the contrary is proven.
Section 5. Repealing Clause. Pertinent portions of Act No.
3815, otherwise known as the Revised Penal Code; and all
laws, decrees, or orders or instructions, or parts thereof,
insofar as they are inconsistent with this Decree are hereby
repealed or modified accordingly.
Section 6. Effectivity. This Decree shall take effect upon
approval.
Done in the City of Manila, this 8th day of August, in the year
of Our Lord, nineteen hundred and seventy-four.
ANTI-HIJACKING LAW (PD 6235)
The following are the punishable acts:
1. Usurping or seizing control of an aircraft of
Philippine registry while it is in flight, compelling the
pilots thereof to change the course or destination of
the aircraft;
2. Usurping or seizing control of an aircraft of
foreign registry while within Philippine territory,
compelling the pilots thereof to land in any part of
the Philippine territory;
3. Carrying or loading on board an aircraft operating
as a public utility passenger aircraft in the
Philippines, any flammable, corrosive, explosive,
substances; or poisonous
4. Loading, shipping or transporting on board a
cargo aircraft operating as a public utility in the
Philippines, any flammable, corrosive, explosive, or
poisonous substance if this was done in accordance
with the rules and regulations set and promulgated
by the Air Transportation Office on this matter;
Aggravating circumstances to nos. 1 and 2:
a. When the offender has fired upon the pilot,
member of the crew, or passenger of the aircraft;
b. When the offender has exploded or attempted to
explode any bomb or explosive to destroy the
aircraft;
c. Whenever the crime is accompanied by murder,
homicide, serious physical injuries or rape;
Before the AntiHijacking Law or R.A. 6235
may apply, the aircraft must be of Philippine registry
and it must be in flight.
An aircraft is considered in flight from the moment
all exterior doors are closed following the
embarkation until such time when the same doors
are again opened for disembarkation. (Sec. 1). This
means that there are passengers that boarded. The
aircraft shall be deemed to be already in flight even
if its engine has not yet been started.
If the aircraft is of Philippine registry but it is not in
flight and any of the four circumstances mentioned
under R.A. 6235 is committed, the Anti Hijacking
Law will not apply and the acts will be punished
accordingly under the RPC or the applicable special
penal laws. The correlative crime may be one of
grave coercion or grave threat. If somebody is killed,
the crime is homicide or murder, as the case may
be.
If the aircraft is of foreign registry, it is not required
that it is in flight before R.A. 6235 applies because
aircrafts of foreign registry are considered in transit
while they are in foreign countries.
There is no hijacking in the attempted stage. R.A.
6235 is a special law, where the attempted stage is
not punishable.
Where in the course of the hijacking, a passenger or
complement was shot and killed . The crime remains
to be a violation of the AntiHijacking law, but the
penalty thereof shall be higher because a passenger
or complement of the aircraft had been killed. The
crime of homicide or murder per se is not punished.
Republic Act 9372 ( Human Security Act of 2007)
AN ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM
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 Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 143-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. 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
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
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 degree, 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 of 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. 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, cell phones, e-mails, computers, the internet or
other means of communication with people outside the
residence until otherwise ordered by the court.
The restrictions above-mentioned shall be terminated upon
the acquittal of the accused or of the dismissal of the case
filed against him or earlier upon the discussion of the court
on motion of the prosecutor or of the accused.
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 familys 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.
Republic Act No. 9745 Anti-Torture Act of 2009
R.A. 9745 punishes torture inflicted by a person in
authority or agent of a person in
authority upon another in his/her custody.
Torture, as punished under the law, may either be
physical or mental/psychological.
Physical torture is a form of treatment or punishment that
causes severe pain,
exhaustion, disability or dysfunction of one or more parts of
the body, such as:
(1) Systematic beating, head-banging, 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 or acid, or 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.
Mental/psychological torture refers to acts calculated to
affect or confuse the mind
and/or undermine a persons dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her 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 will be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the
persons 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 victims 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.
R.A. 9745 also punishes the infliction of other cruel,
inhuman and degrading
treatment or punishment by a person in authority or agent of
a person in authority
against another person in custody. Other cruel, inhuman and
degrading treatment or
punishment refers to a deliberate and aggravated treatment
or punishment, not falling
under physical or mental torture as defined in the law, which
attains a level of severity
sufficient to cause suffering, gross humiliation or
debasement to the person in custody.
The assessment of the level of severity will 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.
R.A. 9745 prohibits and punishes the establishment,
operation and maintenance of secret
detention places, solitary confinement, incommunicado or
other similar forms of
detention, where torture may be carried out with impunity.
The Philippine National Police (PNP), the Armed Forces
of the Philippines (AFP) and
other law enforcement agencies, as well as their regional
offices, are required to submit to
the Commission on Human Rights (CHR) and make
available to the public at all times, a
list of all detention centers and facilities under their
respective jurisdictions with the
corresponding data on the prisoners or detainees
incarcerated or detained in such
facilities, such as the names, date of arrest and
incarceration, and the crime or offense
committed. The list should be updated within the first 5 days
of every month at the
minimum. Failure to comply with this requirement is
punishable under the law and the
penalty will be imposed on the responsible officers or
personnel of the AFP, the PNP and
other law enforcement agencies.
Any confession, admission or statement obtained as a
result of torture is inadmissible in
evidence in any proceeding, except if the same is used as
evidence against a person or
persons accused of committing torture.
A victim of torture has the right:
(a) To have an impartial investigation by the CHR and other
concerned government
agencies such as the Department of Justice (DOJ), the
Public Attorney's Office
(PAO), the PNP, the National Bureau of Investigation (NBI)
and the AFP;
(b) To have the investigation of the torture completed within
a maximum period 60
working days from the time a complaint for torture is filed,
and to have any appeal
resolved within the same period;
(c) To have sufficient government protection for
himself/herself and other persons
involved in the investigation/prosecution such as his/her
lawyer, witnesses and
relatives, against all forms of harassment, threat and/or
intimidation as a consequence
of the filing of the complaint for torture or the presentation of
evidence for such
complaint;
(d) To be given sufficient protection in the manner by which
he/she testifies and presents
evidence in any forum to avoid further trauma; and
(e) To claim for compensation under Republic Act No. 7309,*
which in no case should
be lower than P10,000.00, and under other existing laws and
regulations.
A writ of habeas corpus or writ of amparo or writ of
habeas data proceeding, if
instituted on behalf of the victim of torture or other cruel,
degrading and inhuman
treatment or punishment, should be disposed of
expeditiously, and any order of release
by virtue of such proceeding, or other appropriate order of a
court relative to such
proceeding, should be executed or complied with
immediately.
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. 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 non-government
organizations (NGOs).
The following are liable as principals for the crime of
torture or other cruel or inhuman
and degrading treatment or punishment:
(a) 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;
(b) 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; and
(c) 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, if:
1. By his act or omission, or negligence, he has led,
assisted, abetted or allowed,
whether directly or indirectly, the commission of torture by
his/her subordinates;
or
2. 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 will 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.
Any public officer or employee will 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 in its commission,
either as principal or
accomplice, takes part subsequent to its commission:
(a) By 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; or
(b) By concealing the act of torture or other cruel, inhuman
and degrading treatment or
punishment and/or destroying the effects or instruments of
torture in order to prevent
its discovery; or
(c) By harboring, concealing or assisting in the escape of the
principal/s in the act of
torture or other cruel, inhuman and degrading treatment or
punishment, provided the
accessory acts are done with the abuse of the officials
public functions.
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 can
never be invoked as a justification for torture and other cruel,
inhuman and degrading
treatment or punishment.
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.
The penalties under R.A. 9745 are:
Reclusion perpetua if the torture:
(a) results in death of any person;
(b) results in mutilation;
(c) is committed with rape;
(d) is committed with other forms of sexual abuse and, as a
consequence, the victim
becomes insane, imbecile, impotent, blind or maimed for life;
or
(e) is committed against children.
Reclusion temporal if the torture results in insanity,
complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due to
guilt, worthlessness or
shame.
Prision correccional if the torture results in psychological,
mental and emotional harm
other than those described in the preceding paragraph.
Prision mayor in its medium and maximum periods if in
consequence of torture, the
victim loses the power of speech or the power to hear or to
smell, or loses an eye, a hand,
a foot, an arm or a leg, or loses the use of any such member,
or becomes permanently
incapacitated for labor.
Prision mayor in its minimum and medium periods if, in
consequence of torture, the
victim becomes deformed or loses any part of his/her body
other than those
aforementioned, or loses the use of such part, or becomes ill
or incapacitated for labor for
more than 90 days.
Prision correccional in its maximum period to prision mayor
in its minimum period if,
in consequence of torture, the victim becomes ill or
incapacitated for labor for more than
30 days but not more than 90 days.
Prision correccional in its minimum and medium period if,
in consequence of torture,
the victim becomesill or incapacitated for labor for 30 days or
less.
Arresto mayor if the act constitutes cruel, inhuman or
degrading treatment or
punishment as defined in the law.
Prision correccional for 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 where torture may be
carried out with impunity.
Arresto mayor to be imposed on 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 in said
centers/facilities.
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, the penalty to be imposed will be in
its maximum period.
Torture as a crime will not absorb or will not be absorbed
by any other crime or felony
committed as a consequence, or as a means in the conduct
or commission, of torture.
Torture will be treated as a separate and independent
criminal act, the penalties for
which will be imposed without prejudice to any other criminal
liability under domestic
and international laws.
Persons who have committed any act of torture will not
benefit from any special
amnesty law or similar measures that will have the effect of
exempting them from any
criminal proceedings and sanctions.
No person will be expelled, returned or extradited to
another State where there are
substantial grounds to believe that such person will be in
danger of being subjected to
torture. The Secretary of the Department of Foreign Affairs
(DFA) and the Secretary of
the DOJ, in coordination with the Chairperson of the CHR,
will determine whether such
grounds exist, taking into account all relevant considerations
including the existence in
the requesting State of a consistent pattern of gross, flagrant
or mass violations of human
rights. (Refouler)
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 are tasked to formulate a
comprehensive rehabilitation program
for torture victims and their families, and a parallel
rehabilitation program for persons
who committed torture.
Every person arrested, detained or under custodial
investigation is given the right:
(a) Before and after interrogation, to be informed of his/her
right to demand physical
examination by an independent and competent doctor of
his/her own choice. If
he/she cannot afford the services of his/her own doctor,
he/she will be provided by
the State with a competent and independent doctor to
conduct physical examination.
If the person arrested is female, she will be attended to
preferably by a female doctor.
(b) To immediate access to proper and adequate medical
treatment.
These rights may be waived by the person arrested,
detained or under custodial
investigation, provided the waiver was made knowingly and
voluntarily, in writing, and
executed in the presence and assistance of his/her counsel.
The State shall endeavor to provide the victim with
psychological evaluation if available
under the circumstances.
The physical examination and/or psychological evaluation
of the victim should be
contained in a medical report, duly signed by the attending
physician and detailing the
victims medical history and the physicians findings,
including the nature and probable
cause of the victims injury, pain, disease and/or trauma, and
the approximate time and
date when it/they was/were sustained. The report shall be
attached to the custodial
investigation report and considered a public document.
REPUBLIC ACT NO. 8294
AN ACT AMENDING THE PROVISIONS OF
PRESIDENTIAL DECREE NO. 1866, AS
AMENDED, ENTITLED "CODIFYING THE TAWS ON
ILLEGALruNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR INSTRUMENTS
USED IN THE MANUFACTURE OF
FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT
PURPOSES."
Section 1 . Sec. 1 Presidential oecree No. 1866, as
emended, is hereby further amended to read
as follows:cralaw
"Sec. 1. Unlawful manuhcture, sale, acquisition, disposition
or possession of firearms or
ammunition or insfuments used or intended to be used in the
manufacture of firearms or
ammunition.
-
The penatty of prision coneccional in its maximum period
and a fine of not less
than Fifteen thousend pesos (P15,000) shall be imposed
upon any person who shall unlawfully
manuhcture, deal in, acquire, dispose, or possess any low
powered firearm, such as rimfire
handgun, .380 or .32 and other firearm of similar firepower,
part of lirearm, ammunition, or
machinery, tool or instrument used or intended to be used in
the manuractrre of any firearm or
ammunition: Provided, That no other crime was committed.
"The penalty of prision mayor in its minimum period and a
fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is classifred as
high po\,vered firearm which includes
those with bores bigger in diameter $an .38 caliber and I
millimeter such as calibet .40, .41, .44,
.45 and also lesser calibered firearms but considercd
powerful such as caliber .357 and caliber
.22 center-fire magnum and other firearms with firing
capabality of full automatic and by burst of
two or three: Provided, hor/ever, That no other crime was
committed by the person an6ted.
"lf homicide or murder is committed with the use of an
unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating
circumstance.
"lf the viotation of this Sec. is in furherance of or incident to,
or in connection with the crime of
rebellion or insunection, sedition, or atempted coup d'etat
such violation shall be absorbed as
an element of the crime of rebellion, or insunection, sedition,
or attempted coup d'etat
'"The same penalty shall be imposed upon the o rner,
president, manager, director or other
responsible officer of any public or private firm, mmpany,
corporation or entity, who shall willfully
or knowingly allo\ , any of the firearms owned by such firm,
company, corporation or entity to be
used by any pe6on or persons found guilty of violating the
provisions of the preceding
paragraphs or willfully or knowingly allow any of them b use
unlicensed firearms or firearms
without any legal authority to be canied ouBide of their
residence in the course of tieir
employment.
'The penatty of anesto mayor shall be imposed upon any
person who shall cny any licensed
firearm outside his residence without legal authority
therefor."
Sec. 2. Sec. 3 of Pr6idential Decree No. 1866, as amended,
is hereby further amended to read
as follows:cralaw
"Sec. 3. Unhwful manufacture, sale, acquisition, disposition
or possession of explosives.
- Security and the Committee on Justice
The
penalty of prision mayor in its maximum period to reclusion
temporal and a fine of not less than
Fifty thousand pesos (P50,000) shall be imposed upon any
person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose or possess
hand grenade(s), rifle grenade(s),
and other explosives, including but not limited to 'pillbox,'
'molotov cocktail bombs,' 'fire bombs,'
or other incendiary devices capable of producing destructive
efect on conliguous objects or
causing injury or death to any person.
'When a person cornmits any of the crimes defined in the
Revised Penal Code or special laws
with the use of the aforementioned explosives, detonation
agenb or incendiary devices, which
results in the death ofany person or persons, the use of such
explosives, detonation agenB or
incendiary devices shall be considered as an aggravating
circumstance.
"lf the violation of this Sec. is in furtherance of, or incident to,
or in connection with the crime of
rebellion, insunection, sedition or attempted coup d'etat such
violation shall be absorbed as an
element of the crimes of rebellion, insunection, sedition or
attempted coup d'etat.
'The same penalty shall be imposed upon the owner,
president, manager, director or other
responsible officer of any public or private firm, company,
corpoftltion or entity, wlro shall willfully
or knowingly allow any of the explosives owned by such firm,
cqnpany, corporation or entity, b
be used by any person or persons found guilty of violating
the provisions of the preceding
paragraphs. "
Sec. 3. Sec. 5 of Presidential Decree No. 1866, as
amended, is hereby further amended to read
as follows:cralaw
"Sec. 5. Tampering of firearm's serial number.
- order to provide legal support to law enforcement agencies
The penalty of prision coneccional shall be
imposed upon any person who shall unlawfully tamper,
change, defuce or erase the serial
number of any firearm."
Sec. 4. Sec. 6 of Presidential Decree No. 1866, as
amended, is hereby further amended to read
as follows:cralaw
"Sec. 6. Repacking or altering the composition of lawfully
manufacturcd explosives.
-
The
penalty of prision correccional shall be imposed upon any
person who shall unlawfully repack,
alter or modify the composition of any lawfully manufactured
explosives."
Sec. 5. Coverage of the Term Unlicensed Firearm.
-
The term unlicensed firearm shall
include:cralaw
1) fireerms with expired license; or
2) unauthorized use of licensed firearm in the commission of
the crime.
Sec.6. Rules and regulations. -The Departnent of Justice
and the Deparfnent of the lnterior
and Local Government shalljointly issue, within ninety (90)
days afrer the approval of this Act,
the necessary rules and regulations pertaining to the
administrative aspect of the provisions
hereof, fumishing the Committee on Public Order and
and Human Rights of both Houses of Congress copies of
such rules and regulations within thirty
(30) days from the promulgation hereoi
Sec. 7. Separability clause.
-
lf, for any reason, any Sec. or ptovision of this Act is
declared to
be unconstitutional or invalid, the other Sec.s or provisions
thereof which are not affected thereby
shall continue to be in full force and effect.
Sec. 8. Repealing clause. -All laws, decrees, orders, rules
and regulations or parb thereof
inconsistent with the provisions of this Act are hereby
repealed, amended, or modified
accordingly.
Sec. 9. Effectivity.
-
This Act shall take effect afrer fifteen (15) days following its
publication in
the Offcial Gazette or in two (2) newspapers of general
circulation.
Approved: June 6, 1997
[SALIENT POINTS OF REPUBLIC ACT NO. 10591]
This Act shall be known as the Comprehensive Firearms
and Ammunition Regulation Act.
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled:
This Act which is a consolidation of Senate Bill No. 3397 and
House Bill No. 5484 was finally passed by the Senate and
the House of Representatives on February 4, 2013 and
February 5, 2013, respectively.
It is the policy of the state to maintain peace and order and
protect the people against violence. It recognizes the right of
its qualified citizens to self-defense through, when it is the
reasonable means to repel the unlawful aggression under
the circumstances, the use of firearms. This law regulates
the ownership, possession, carrying, manufacture, dealing in
and importation of firearms, ammunition, or parts thereof, in
in their campaign against crime, stop the proliferation of
illegal firearms or weapons and the illegal manufacture of
firearms or weapons, ammunition and parts thereof.
In order to qualify and acquire a license to own and possess
a firearm or firearms and ammunition, the applicant must be
a Filipino citizen, at least twenty-one (21) years old and has
gainful work, occupation or business or has filed an Income
Tax Return (ITR) for the preceding year as proof of income,
profession, business or occupation.
In addition, the applicant shall submit the following
certification issued by appropriate authorities attesting the
following:
(a) The applicant has not been convicted of any crime
involving moral turpitude:
(b) The applicant has passed the psychiatric test
administered by a PNP-accredited psychologist or
psychiatrist;
(c) The applicant has passed the drug test conducted by an
accredited and authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is
administered by the PNP or a registered and authorized gun
club;
(e) The applicant has filed in writing the application to
possess a registered firearm which shall state the personal
circumstances of the applicant;
(f) The applicant must present a police clearance from the
city or municipality police office; and
(g) The applicant has not been convicted or is currently an
accused in a pending criminal case before any court of law
for a crime that is punishable with a penalty of more than two
(2) years.
The applicant shall pay the reasonable licensing fees as may
be provided in the implementing rules and regulations of this
Act.
The Chief of the PNP, through the FEO of the PNP, shall
issue licenses to qualified individuals and to cause the
registration of firearms under the following categories;
Type 1 license allows a citizen to own and possess a
maximum of two (2) registered firearms;
Type 2 license allows a citizen to own and possess a
maximum of five (5) registered firearms;
Type 3 license allows a citizen to own and possess a
maximum of ten (10) registered firearms;
Type 4 license allows a citizen to own and possess a
maximum of fifteen (15) registered firearms; and
Type 5 license allows a citizen, who is a certified gun
collector, to own and possess more than fifteen (15)
registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by
lock and key or other security measures for the safekeeping
of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the
inspection and bond requirements.
Only small arms may be registered by licensed citizens or
licensed juridical entities for ownership, possession and
concealed carry. The licensed citizen or licensed juridical
entity shall register his/her/its firearms so purchased with the
FEO of the PNP in accordance with the type of license such
licensed citizen or licensed juridical entity possesses. A
certificate of registration of the firearm shall be issued upon
payment of reasonable fees.
The licenses granted to qualified citizens or juridical entities
as provided in this Act shall include the license to possess
ammunition with a maximum of fifty (50) rounds for each
registered firearm: Provided; That the FEO of the PNP may
allow more ammunition to be possessed by licensed sports
shooters.
All types of licenses to possess a firearm shall be renewed
every two (2) years. Failure to renew the license on or before
the date of its expiration shall cause the revocation of the
license and of the registration of the firearm/s under said
licensee.
The registration of the firearm shall be renewed every four
(4) years. Failure to renew the registration of the firearm on
or before the date of expiration shall cause the revocation of
the license of the firearm. The said firearm shall be
confiscated or forfeited in favor of the government after due
process.
The failure to renew a license or registration within the
periods stated above on two (2) occasions shall cause the
holder of the firearm to be perpetually disqualified from
applying for any firearm license. The application for the
renewal of the license or registration may be submitted to
the FEO of the PNP, within six (6) months before the date of
the expiration of such license or registration.
The unlawful acquisition, possession of firearms and
ammunition shall be penalized.
REPUBLIC ACT NO. 9160
(as amended by Republic Act No. 9194)
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."
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. Consistent with
its foreign policy, the State shall extend cooperation in
transnational investigations and
prosecutions of persons involved in money laundering
activities wherever committed.
SEC. 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-end 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 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. 1
(b-1) 'Suspicious transaction' are transactions with covered
institutions, regardless of
the amounts involved, where any of the following
circumstances exist:2
Text in bold are amendments introduced in RA 9194. Text in
brackets [ ---] are original provisions that
have been repealed by RA 9194.
1 As amended by Sec. 1 of RA 9194. Original provison: (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.
2 4 As amended by Sec. 3 of RA 9194. Original provision: (2)
1. there is no underlying legal or trade obligation, purpose or
economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the
business or financial capacity of
the client;
4. taking into account all known circumstances, it may be
perceived that the clients
transaction is structured in order to avoid being the subject
of reporting requirements
under the Act;
5. any circumstance relating to the transaction which is
observed to deviate from the
profile of the client and/or the clients past transactions with
the covered institution;
6. 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
7. any transaction that is similar or analogous to any of the
foregoing.
(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 market
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.
(i) 'Unlawful activity' refers to any act or omission or series or
combination thereof involving
or having direct3
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, 12, 13, 14, 15, and 16 of
Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous Drugs Act of
2002;4
(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;
2
New provision. Sec. 2 of RA 9194
3 As amended by Sec. 3 of RA 9194.
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
(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.
SEC. 4. Money Laundering Offense. Money laundering is a
crime whereby the proceeds of
an unlawful activity as herein defined5
are transacted, thereby making them appear to have
originated from legitimate sources. It is committed by the
following:
(a) Any person knowing that any monetary instrument or
property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or
attempts to transact said monetary
instrument or property.
(b) Any person knowing that any monetary instrument or
property involves the proceeds of
any unlawful activity, performs or fails to perform any act as
a result of which he facilitates the
offense of money laundering referred to in paragraph (a)
above.
(c) Any person knowing that any monetary instrument or
property is required under this Act
to be disclosed and filed with the Anti-Money Laundering
Council (AMLC), fails to do so.
SEC. 5. Jurisdiction of Money Laundering Cases. The
regional trial courts shall have
jurisdiction to try all cases on money laundering. Those
committed by public officers and private
persons who are in conspiracy with such public officers shall
be under the jurisdic tion of the
Sandiganbayan.
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) 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.
SEC. 7. Creation of Anti-Money Laundering Council (AMLC).
6 laws, rules, regulations and
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:
5 As amended by Sec. 4 of RA 9194.
6 As amended by Sec. 5 of RA 9194.
4 (BSP) and shall hold full-time
(1) to require and receive covered or suspicious 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 or suspicious 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, wherever 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] investigate suspicious
transactions and covered
transactions deemed suspicious after an investigation by
AMLC, money laundering activities,
and other violations of this Act;
(6) to apply before the Court of Appeals, ex parte, for the
freezing of any monetary
instrument or property alleged to be the proceeds of any
unlawful activity as defined in
Section 3(i) hereof;7
(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;
(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;
and
(11) to impose administrative sanctions for the violation of
orders and resolutions issued pursuant thereto.
SEC. 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
permanent positions within the BSP.
SEC. 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.
7
Original provision: (6) to freeze any monetary instrument or
property alleged to be proceeds of any
unlawful activity.
5
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 dates
of transactions. With respect to
closed accounts, the records on customer identification,
account files and business
correspondence, shall be preserved and safely stored for at
least five (5) years from the dates
when they were closed.
(c) Reporting of Covered and Suspicious Transactions.8
Covered institutions shall report to
the AMLC all covered transactions and suspicious
transactions within five (5) working days
from occurrence thereof, unless the Supervising Authority
prescribes a longer period not
exceeding ten (10) working days.
Should a transaction be determined to be both a covered
transaction and a suspicious
transaction, the covered institution shall be required to report
the same as a suspicious
transaction.
When reporting covered or suspicious transactions to the
AMLC, covered institutions and
their officers and 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 or
suspicious transaction report was made, the contents
thereof, or any other information in relation
thereto. In case of violation thereof, the concerned officer
and 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 or suspicious transaction report in the regular
performance of his duties in good faith,
whether or not such reporting results in any crimina l
prosecution under this Act or any other law.
When reporting covered or suspicious transactions to the
AMLC, covered institutions and
their officers and employees [,representatives, agents,
advisors, consultants or associates] are
prohibited from communic ating 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 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 [, representative,
agent, advisor, consultant or associate] of the covered
institution and media shall be held
criminally liable.
SEC. 10. Freezing of Monetary Instrument or Property .
9 report made, and the court has, in a
The Court of Appeals, upon
application ex parte by the AMLC and after determination
that probable cause exists that
8 As amended by Sec. 6 of RA 9194.
9 Aa amended by Sec. 7 of RA 9194. Original provision:
SEC. 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 seventytwo
(72) hours to dispose of the depositors explanation. If it fails
to act within seventy-two (72) hours from
receipt of the depositors 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 courts decision to extend
the period.
6
any monetary instrument or property is in any way related to
an unlawful activity as
defined in Section 3(i) hereof, 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.
Note: SEC. 12 of RA 9194. Transitory Provision. Existing
freeze orders issued
by the AMLC shall remain in force for a period of thirty (30)
days after the
effectivity of this Act, unless extended by the Court of
Appeals.
SEC. 11. Authority to Inquire into Bank Deposits.
10
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 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 unlawful activities
defined in Sections 3(i)(1), (2) and (12) [:Provided, That this
provision shall not apply to
deposits and investments made prior to the effectivity of this
Act].
To ensure compliance with this Act, the Bangko Sentral ng
Pilipinas (BSP) may inquire
into or examine any deposit or investment with any banking
institution or non-bank
financial institution when the examination is made in the
course of a periodic or special
examination, in accordance with the rules of examination of
the BSP.
SEC. 12. Forfeiture Provisions.
(a) Civil Forfeiture. When there is a covered transaction
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 of 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
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.
10 As amended by Sec. 8 of RA 9194.
7 Constitution or the execution of a request is likely to
equal to the value of said monetary instrument or property.
This provision shall apply in both civil
and criminal forfeiture.
SEC. 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) Powers 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 property of a
person who has been convicted of a
money laundering offense in the requesting State, and a
certification or an affidavit of a
competent officer of the requesting State stating that the
conviction and the order of forfeiture are
final and that no further appeal lies in respect of 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 Requests 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
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 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
8
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.
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) 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(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 (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 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 (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 this
Act.
(c) Malicious Reporting.11 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 (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, or
allowed by their gross negligence, the commission of the
crime [or who shall 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.
11 As amended by Sec. 9 of RA 9194
9
(d) Breach of Confidentiality. 12 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). In
the case of a breach of
confidentiality that is published or reported by media, the
responsible reporter, writer,
president, publisher, manager and editor-in-chief shall be
liable under this Act.
[SEC. 15.System of Incentives and Rewards. A system of
special incentives and rewards is
hereby established to be given to the appropriate
government agency and its personnel that led
and initiated an investigation, prosecution and conviction of
persons involved in the offense
penalized in Section 4 of this Act]. Repealed by Sec. 10 of
RA 9194
SEC. 16. Prohibitions Against Political Harassment. This
Act shall not be used for
political persecution or harassment or as an instrument to
hamper competition in trade and
commerce.
No case for money laundering may be filed against and no
assets shall be frozen, attached or
forfeited to the prejudice of a candidate for an electoral offic
e during an election period.
SEC. 17. Restitution. Restitution for any aggrieved party
shall be governed by the
provisions of the New Civil Code.
SEC. 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 effectively 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.
SEC. 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 AntiMoney
Laundering Council within thirty (30) days from the
promulgation of the said rules.
SEC. 20. Appropriations Clause. The AMLC shall be
provided with an initial appropriation
of Twenty-five million Philippine pesos (Php25,000,000.00)
to be drawn from the national
government. Appropriations for the succeeding years shall
be included in the General
Appropriations Act.
SEC. 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.
SEC. 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
12 As amended by Sec. 9 of RA 9194.
10
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.
SEC. 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.]- Repealed under Sec.11 of RA 9194 .
Approved, September 29, 2001.