REPUBLIC ACT (R.A.) NO.

9160,
as amended by
R.A. no. 9194, R.A. no. 10167, R.A. no. 10365,
R.A. no. 10927, and R.A. no. 115211

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING

PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the 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, as well as in the implementation of targeted
financial sanctions related to the financing of the proliferation of weapons of mass destruction, terrorism,
and financing of terrorism, pursuant to the resolution of the United Nations Security Council. 2

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

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

(1) banks, non-banks, quasi-banks, trust entities, foreign exchange dealers, pawnshops, money
changers, remittance and transfer companies and other similar entities and all other persons
and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP);

(2) insurance companies, pre-need companies and all other persons supervised or regulated by
the Insurance Commission (IC);

(3) (i) securities dealers, brokers, salesmen, investment houses and other similar persons
managing securities or rendering services as investment agent, advisor, or consultant, (ii) mutual
funds, close-end investment companies, common trust funds, and other similar persons, and (iii)
other entities administering or otherwise dealing in currency, commodities or financial derivatives
based thereon, valuable objects, cash substitutes and other similar monetary instruments or
property supervised or regulated by the Securities and Exchange Commission (SEC);

(4) jewelry dealers in precious metals, who, as a business, trade in precious metals, for
transactions in excess of One million pesos (P1,000,000.00);

(5) jewelry dealers in precious stones, who, as a business, trade in precious stones, for
transactions in excess of One million pesos (P1,000,000.00);

(6) company service providers which, as a business, provide any of the following services to
third parties: (i) acting as a formation agent of juridical persons; (ii) acting as (or arranging for
another person to act as) a director or corporate secretary of a company, a partner of a
partnership, or a similar position in relation to other juridical persons; (iii) providing a registered
office, business address or accommodation, correspondence or administrative address for a
company, a partnership or any other legal person or arrangement; and (iv) acting as (or
arranging for another person to act as) a nominee shareholder for another person; and

1
Note: the AMLA has also been amended by Republic Act No. 11930, the “Anti-Online Sexual Abuse or Exploitation of Children
(OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act”.
2
Before amendment by R.A. NO. 11521:
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.
 (7) persons who provide any of the following services:
(i) managing of client money, securities or other assets;
(ii) management of bank, savings or securities accounts;
(iii) organization of contributions for the creation, operation or management of companies;
and
(iv) creation, operation or management of juridical persons or arrangements, and buying
and selling business entities.

Notwithstanding the foregoing, the term ‘covered persons’ shall exclude lawyers and
accountants acting as independent legal professionals in relation to information concerning their
clients or where disclosure of information would compromise client confidences or the attorney-
client relationship: Provided, That these lawyers and accountants are authorized to practice in
the Philippines and shall continue to be subject to the provisions of their respective codes of
conduct and/or professional responsibility or any of its amendments.3

(8) casinos, including internet and ship-based casinos, with respect to their casino cash
transactiotus related to they gaming operations.4

(9) Real estate developers and brokers;

(10) Offshore gaming operation, as well as their service providers, supervised, accredited or
regulated by the Philippine Amusement and Gaming Corporation (PAGCOR) or any government
agency;5

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

For covered persons under Section 3(a)(9) herein, a single cash transaction involving an amount in
excess of Seven million five hundred thousand pesos (P7,500,000.00) or its equivalent in any other
currency.6

3 Before amendment by R.A. NO. 10365:

(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, closed-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.
4 ADDED pursuant to R.A. NO. 10927
5
(9) and (10) ADDED pursuant to R.A. NO. 11521
6 Notes:

Before amendment by R.A. NO. 11521:

(b) ‘Covered transaction’ is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of
Five hundred thousand pesos (₱500,000.00) within one (1) banking day; for covered persons under Section 3(a)(8), a single
casino transaction involving an amount in excess of Five million pesos (₱5,000,000.00) or its equivalent in any other currency.

Before amendment by R.A. NO. 10927:

(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.

Before amendment by R.A. NO. 9194:

(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.
(b-1) 'Suspicious transactions' are transactions with covered persons, regardless of the amounts
involved, where any of the following circumstances exist:

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 client's 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 client's past transactions with the covered person;
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.7

(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
direct relation to the following:

(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised
Penal Code, as amended;

(2) Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous Drugs Act of 2002;

(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act;

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

(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised
Penal Code, as amended;

(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;

(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree
No. 532;

(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;

7 Notes: This was inserted pursuant to R.A. NO. 91941

(9) Swindling under Article 315 and Other Forms of Swindling under Article 316 of the Revised
Penal Code, as amended;

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

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

(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder,
as defined under the Revised Penal Code, as amended;

(13) Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3
and 4 of Republic Act No. 9372;

(14) Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and
8 of Republic Act No. 10168, otherwise known as the Terrorism Financing Prevention and
Suppression Act of 2012:

(15) Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and
Corruption of Public Officers under Article 212 of the Revised Penal Code, as amended;

(16) Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215 and 216 of the
Revised Penal Code, as amended;

(17) Malversation of Public Funds and Property under Articles 217 and 222 of the Revised Penal
Code, as amended;

(18) Forgeries and Counterfeiting under Articles 163, 166, 167, 168, 169 and 176 of the Revised
Penal Code, as amended;

(19) Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the Anti-
Trafficking in Persons Act of 2003;

(20) Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 705, otherwise
known as the Revised Forestry Code of the Philippines, as amended;

(21) Violations of Sections 86 to 106 of Chapter VI, of Republic Act No. 8550, otherwise known
as the Philippine Fisheries Code of 1998;

(22) Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as
the Philippine Mining Act of 1995;

(23) Violations of Section 27(c), (e), (f), (g) and (i), of Republic Act No. 9147, otherwise known
as the Wildlife Resources Conservation and Protection Act;

(24) Violation of Section 7(b) of Republic Act No. 9072, otherwise known as the National Caves
and Cave Resources Management Protection Act;

(25) Violation of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act of 2002,
as amended;

(26) Violations of Sections 1, 3 and 5 of Presidential Decree No. 1866, as amended, otherwise
known as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing
In, Acquisition or Disposition of Firearms, Ammunition or Explosives;

(27) Violation of Presidential Decree No. 1612, otherwise known as the Anti-Fencing Law;

(28) Violation of Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers
and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022;

(29) Violation of Republic Act No. 8293, otherwise known as the Intellectual Property Code of
the Philippines;
 (30) Violation of Section 4 of Republic Act No. 9995, otherwise known as the Anti-Photo and
Video Voyeurism Act of 2009;

(31) Violation of Section 4 of Republic Act No. 9775, otherwise known as the Anti-Child
Pornography Act of 2009;8

(32) Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610,
otherwise known as the Special Protection of Children Against Abuse, Exploitation and
Discrimination;

(33) Fraudulent practice and other violations under Republic Actr No. 8799, otherwise known as
"The Securities Regulation Code of 2000;

(34) Violation of Section 9 (a)(3) of Republic Act No. 10697, otherwise known as the "Strategic
Trade Management Act", in relation to the proliferation of weapons of mass destruction and its
financing pursuant to United Nations Security Council Resolution Numbers 1718 of 2006 and
2231 of 2015;

(35) Violation of Section 254 of Chapter II, Title X of the National Internal Revenue Code of 1997,
as amended, where the deficiency basic tax due in the final assessment is in excess of Twenty-

8
R.A. 11930 provides:
Violations under Sections 4 and 5 of this Act shall be considered as "unlawful activity" under Section 3 (i) of Republic Act No.
9160, otherwise known as the "Anti-Money Laundering Act of 2001," as amended, and shall be punishable under the said Act.

Section 4. Unlawful or Prohibited Acts. — Regardless of the consent of the child, it shall be unlawful for any person to commit
the following acts through online or offline means or a combination of both:
(a) To hire, employ, use, persuade, induce, extort, engage, or coerce a child to perform or participate in whatever way in the
creation or production of any form of OSAEC and CSAEM;
(b) To produce, direct, manufacture, facilitate, or create any form of CSAEM, or participate in the production, direction,
manufacture, facilitation or creation of the same;
(c) To offer, sell, distribute, advertise, promote, export, or import, by any means, any form of CSAEM;
(d) To knowingly publish, transmit and broadcast, by any means, any form of CSAEM;
(e) To permit or influence the child to engage, participate or assist in any form of CSAEM;
(f) To produce, direct, create, hire, employ or pay a facilitator to stream or livestream acts of child sexual abuse or exploitation
(g) To stream or live-stream acts of, or any form of, child sexual abuse and exploitation;
(h) To recruit, transport, transfer, harbor, provide, or receive a child or to induce or influence the same, for the purpose of
violating this Act;
(i) To introduce or match a child to a foreign national or to any person for the purpose of committing any of the offenses under
this Act;
(j) For film distributors, theaters and ICT services by themselves or in cooperation with other entities, to distribute any form of
CSAEM or to facilitate the commission of any of the offenses under this Act;
(k) To knowingly benefit from, financial or otherwise, the commission of any of the offenses of this Act;
(l) To provide a venue for the commission of prohibited acts under this section such as dens, private rooms, cubicles, cinemas,
houses, private homes, or other establishments;
(m) To engage in the luring or grooming of a child: Provided, That grooming taking place offline as a prelude to violations
under this Act shall also be penalized;
(n) To sexualize children by presenting them as objects of sexual fantasy, or making them conversational subjects of sexual
fantasies, in any online or digital platform;
(o) To engage in pandering as defined under this Act;
(p) To willfully subscribe, join, donate to, or support an internet site that hosts OSAEC or the streaming or live-streaming of
child sexual abuse and exploitation;
(q) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or
distribution by any means of any brochure, flyer, or any material that promotes OSAEC and child sexual abuse or exploitation
(r) To possess any form of CSAEM: Provided, That possession of three (3) or more CSAEMs is prima facie evidence of the intent
to sell, distribute, publish or broadcast;
(s) To willfully access any form of CSAEM; and
(t) To conspire to commit any of the prohibited acts stated in this section:
Provided, That the investigation or prosecution of offenses under this Act shall be without prejudice to appropriate
investigation and prosecution mechanisms underRepublic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons
Act of 2003," as amended, and other related laws.

Section 5. Effect of Consent of the Victim. — The consent of the victim is not material or relevant and shall not be available as
a defense in the prosecution of the unlawful acts prohibited under this Act.
 five million pesos (P25,000,000.00) per taxable year, for each tax type covered and there has
been a finding of probable cause by the competent authority: Provided, further, That there must
be a finding of fraud, willful misrepresenting or malicious intent on the part of the taxpayer:
Provided, finally, That in no case shall the AMLC institute forfeiture proceedings to recover
monetary instruments, property or proceeds representing, involving, or relating to a tax crime, if
the same has already been recovered or collected by the Bureau of Internal Revenue (BIR) in a
separate proceeding and

(36) Felonies and offenses of a similar nature that are punishable under the penal laws of other
countries.9

(j) ‘Precious metals’ shall mean gold, silver, platinum, palladium, rhodium, ruthenium, iridium and
osmium. These include alloys of precious metals, solders and plating chemicals such as rhodium and
palladium plating solutions and potassium gold cyanide and potassium silver cyanide and silver cyanide
in salt solution.

(k) ‘Precious stones’ shall mean diamond, ruby, emerald, sapphire, opal, amethyst, beryl, topaz, and
garnet that are used in jewelry making, including those formerly classified as semi-precious stones.10

(l) For purposes of covered persons under Section 3(a)(8), the following terms are hereby defined as
follows:

9 Notes:

Before amendment by R.A. NO. 11521:

xxx

(33) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code
of 2000; and
(34) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.

Before amendment by R.A. NO. 10365:

(i) “Unlawful activity” refers to any act or omission or series or combination thereof involving or having direct relation to the
following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;
(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937; SEIDAC
(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.

Before amendment by R.A. NO. 9194:

(i) “Unlawful activity” refers to any act or omission or series or combination thereof involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended, otherwise known as the Dangerous
Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended; otherwise known as the Anti-Graft and
Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised
Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation
Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.
10 Note: Inserted pursuant to R.A. NO. 10365
 (1) ‘Casino’ refers to a business authorized by the appropriate government agency to engage in
gaming operations:

(i) ‘Internet-based casinos’ shall refer a casinos in which persons participate by the use of
remote communication facilities such as, but not limited to, internet, telephone, television,
radio or any other kind of electronic or other technology for facilitating communication; and

(ii) ‘Ship-based casino’ shall refer to casinos, the operation of which is undertaken on board
a vessel, ship, boat or any other water-based craft wholly or partly intended for gambling;

(2) ‘Casino cash transaction’ refers to transactions involving the receipt of cash by a casino paid
by or on behalf of a customer, or transactions involving the payout of cash by a casino to a
customer or to any person in his/her behalf; and

(3) ‘Gaming operations’ refer to the activities of the casino offering games of chance and any
variations thereof approved by the appropriate government authorities.11

(4) 'Offshore gaming operator' refers to an entity engaged in offering online games of chance or
sporting events via the internet using a network and software program, by themselves or through
local service providers.

(5) 'Service providers' refer to duly constituted business corporations who provide components
of offshore gaming operations to offshore gaming operators.12

(m) 'Real estate developer' refers to any natural or juridical person engaged in the business of
developing real estate development project for the account of the developer and offering them for sale
or lease.

(n) 'Real estate broker' refers to a duly registered and licensed natural person who, for a professional
fee, omission or other valuable consideration, acts as an agent of a party in a real estate transaction to
offer, advertise, solicit, list, promote, mediate, negotiate, or effect the meeting of the minds on the sale,
purchase, exchange, mortgage, lease or joint venture, or other similar transaction on real estate or any
interest therein.

(o) 'Targeted financial sanctions' refer to both asset freezing and prohibition to prevent funds or other
assets from being made available, directly or indirectly, for the benefit of any individual, natural or legal
persons or entity designated pursuant to relevant United Nations Security Council resolution and its
designation processes.

(p) 'Proliferation financing' refers when a person:

(1) Makes available an asset; or

(2) Provides a financial service; or

(3) Conducts a financial transaction; and the person knows that, or is reckless as to whether, the
asset, financial service or financial transaction is intended to, in whole or in part, facilitate
proliferation of weapons of mass destruction in relation to UN Security Council Resolution
Number 1718 0f 2006 and 2231 of 2015.13

SEC. 4. Money Laundering Offense. – Money laundering is committed by any person who, knowing
that any monetary instrument or property represents, involves, or relates to the proceeds of any
unlawful activity:

(a) transacts said monetary instrument or property;

(b) converts, transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property;

11 ADDED pursuant to R.A. NO. 10927

12 Number (4) and (5) were ADDED by R.A. NO. 11521
13 (m), (n), (o), and (p) were ADDED by R.A. NO. 11521
 (c) conceals or disguises the true nature, source, location, disposition, movement or ownership
of or rights with respect to said monetary instrument or property;

(d) attempts or conspires to commit money laundering offenses referred to in paragraphs (a), (b)
or (c);

(e) aids, abets, assists in or counsels the commission of the money laundering offenses referred
to in paragraphs (a), (b) or (c) above; and

(f) performs or fails to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraphs (a), (b) or (c) above.

Money laundering is also committed by any covered person who, knowing that a covered or suspicious
transaction is required under this Act to be reported to the Anti-Money Laundering Council (AMLC),
fails to do so.14

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 jurisdiction 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) The prosecution of any offense or violation under this Act shall proceed independently of any
proceeding relating to the unlawful activity.15

SEC 7. Creation of Anti-Money Laundering Council (AMLC). - The Anti-Money Laundering Council is
hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as Chairman,
the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange
Commission, as members. The AMLC shall act unanimously in the discharge of its functions as defined
hereunder:

(1) to investigate suspicious transactions and covered transactions deemed suspicious after
determination by AMLC, money laundering activities and other violations of this Act.

(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
14Notes:
Before amendment by R.A. NO. 10365:
SEC. 4. Money Laundering Offense. — Money laundering is a crime whereby the proceeds of an unlawful activity as herein
defined 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.

Before amendment by R.A. NO. 9194:

SEC. 4. Money Laundering Offense. — Money laundering is a crime whereby the proceeds of an unlawful activity are transacted,
thereby making them appear to have originated from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails
to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the
Anti-Money Laundering Council (AMLC), fails to do so.
15
Before amendment by R.A. NO.10365:
(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.
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 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 laundered, proceeds from, or instrumentalities used in or intended for
use in any unlawful activity as defined in Section 3(i) hereof;

(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 laws, rules, regulations and orders
and resolutions issued pursuant thereto.

(12) to require the Land Registration Authority and all its Registries of Deeds to submit to the
AMLC, reports on all real estate transactions involving an amount in excess of Five hundred
thousand pesos (P500,000.00) within fifteen (15) days from the date of registration of the
transaction, in a form to be prescribed by the AMLC. The AMLC may also require the Land
Registration Authority and all its Registries of Deeds to submit copies of relevant documents of
all real estate transactions.

(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;

(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.16

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 (BSP) and shall hold full-time permanent positions within the BSP.

SEC. 8-A. Information Security and Confidentiality. - The AMLC and its Secretariat shall securely
protect information received or processed and shall not reveal, in any manner, any information known
to them by reason of their office. This prohibition shall apply even after their separation from the AMLC.

The AMLC shall formulate rules governing information 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.17

SEC. 9. Prevention of Money Laundering; Customer Identification Requirements and Record Keeping.
—

(a) Customer Identification.18 — Covered institutions shall establish and record the true identity of its
clients based on official documents. They shall maintain a system of verifying the true identity of their
clients and, in case of corporate clients, require a system of verifying their legal existence and
organizational structure, as well as the authority and identification of all persons purporting to act on
their behalf.

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

16 Note: ADDED pursuant to R.A. NO. 10365

Before amendment by R.A. NO. 11521:

SEC. 7. Creation of Anti-Money Laundering Council (AMLC). – The Anti-Money Laundering Council is hereby created and shall
be composed of the Governor of the Bangko Sentral ng Pilipinas as Chairman, the Commissioner of the Insurance Commission
and the Chairman of the Securities and Exchange Commission, as members. The AMLC shall act unanimously in the discharge
of its functions as defined hereunder:
(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 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 laundered,
proceeds from, or instrumentalities used in or intended for use in any unlawful activity as defined in Section 3(i) hereof;
(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 laws, rules, regulations and orders and resolutions issued pursuant
thereto.
(12) to require the Land Registration Authority and all its Registries of Deeds to submit to the AMLC, reports on all real estate
transactions involving an amount in excess of Five hundred thousand pesos (P500,000.00) within fifteen (15) days from the date
of registration of the transaction, in a form to be prescribed by the AMLC. The AMLC may also require the Land Registration
Authority and all its Registries of Deeds to submit copies of relevant documents of all real estate transactions.
17 Note: ADDED pursuant to R.A. NO. 11521
18
R.A. 11930 provides:
Money transfer and remittance centers shall require individuals transacting with them to present valid government identification
cards.
(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 Transactions19. – Covered persons shall report to the AMLC
all covered transactions and suspicious transactions within five (5) working days from occurrence
thereof, unless the AMLC prescribes a different period not exceeding fifteen (15) working days. 20

Lawyers and accountants acting as independent legal professionals are not required to report covered
and suspicious transactions if the relevant information was obtained in circumstances where they are
subject to professional secrecy or legal professional privilege.

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 persons and their officers
and employees are prohibited from communicating, directly or indirectly, in any manner or by any
means, to any person or entity, the media, the fact that a covered or suspicious transaction has been
reported or is about to be reported, the contents of the report, or any other information in relation thereto.
Neither may such reporting be published or aired in any manner or form by the mass media”, electronic
mail, or other similar devices. In case of violation thereof, the concerned officer and employee of the
covered person and media shall be held criminally liable.21

When reporting covered or suspicious transactions to the AMLC, covered institutions and their officers
and employees are prohibited from communicating directly or indirectly, in any manner or by any
means, to any person 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 of the covered institution and media
shall be held criminally liable.”22

19
R.A. 11930 provides:
(c) Duties of PSPs. In addition to the duties specified for internet intermediaries as applicable to internet PSPs, any person who has
direct knowledge of any OSAEC and CSAEM financial activity shall have the duty to report any suspected OSAEC and CSAEM-related
activity or suspicious transaction to the DOJ-OOC within twenty-four (24) hours and they shall also have the duty to report to the
Anti-Money Laundering Council (AMLC), within five (5) days from discovery thereof.
Law enforcement agencies investigating violations of this Act may require financial intermediaries, internet PSPs, and other financial
facilitators to provide financial documents and information upon order of any competent court when it has been established that
there is reasonable ground to believe that the transactions to be examined involve prohibited activities under this Act.
Notwithstanding the provisions of Republic Act No. 1405, entitled "An Act Prohibitng Disclosure of or Inquiry into Deposits with any
Banking Institution and Providing Penalty Therefor," as amended, Republic Act No. 6426, otherwise known as the "Foreign Currency
Deposit Act of the Philippines," as amended,Republic Act No. 8791, otherwise known as "The General Banking Law of 2000," as
amended, and other pertinent laws, the law enforcement agencies investigating cases under this Act may inquire into or examine
any particular deposit or investment, including related accounts, with any banking institution or any non-bank financial institution
upon order of any competent court when it has been established that there is reasonable ground to believe that the deposit or
investments, including related accounts involved, are related to violations of this Act.

20 Before amendment by R.A. NO. 10365:

(c) Reporting of Covered and Suspicious Transactions. — 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.
21 Before amendment by R.A. NO. 10365:

When reporting covered or suspicious transactions to the AMLC, covered institutions and their officers and employees 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 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
criminal prosecution under this Act or any other law.
22 Before amendment by R.A. NO. 9194:

(c) Reporting of Covered Transactions. — Covered institutions shall report to the AMLC all covered transactions within five (5)
working days from occurrence thereof, unless the Supervising Authority concerned prescribes a longer period not exceeding ten
(10) working days.
When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives, agents,
advisors, consultants or associates shall not be deemed to have violated Republic Act No. 1405, as amended; Republic Act No.
6426, as amended; Republic Act No. 8791 and other similar laws, but are prohibited from communicating, directly or indirectly,
Section 10. Freezing Monetary Instrument or Property. -

(a) Upon a verified ex parte petition by the AMLC and after determination that probable cause exists
that any monetary instrument or property is in any way related to an unlawful activity as defined in
Section 3(i) hereof, the Court of Appeals may issue a freeze order which shall be effective immediately,
for a period of twenty (20) days. Within the twenty (20) day period, the Court of Appeals shall conduct
a summary hearing, with notice to the parties, to determine whether or not to modify or lift the freeze
order, or extend its effectivity. The total period of the freeze order issued by the Court of Appeals under
this provision shall not exceed six (6) months. This is without prejudice to an asset preservation order
that the Regional Trial Court having jurisdiction over the appropriate anti-money laundering case or civil
forfeiture case may issue on the same account depending on the circumstances of the case, where the
Court of Appeals will remand the case and its records: Provided, That if there is no case filed against
a person whose account has been frozen within the period determined by the Court of Appeals, not
exceeding six (6) months, the freeze order shall be deemed ipso facto lifted: Provided,further, That this
new rule shall not apply to pending cases in the courts. In any case, the court should act on the petition
to freeze within twenty-four (24) hours from filing of the petition. If the application is filed a day before
a nonworking day, the computation of the twenty-four (24) hour period shall exclude the nonworking
days.

The freeze order or asset preservation order issued under this Act shall be limited only to the amount
of cash or monetary instrument or value of property that court finds there is probable cause to be
considered as proceeds of a predicate offense, and the freeze order or asset preservation order shall
not apply tyo amounts in the same account in excess of the amount or value of the proceeds of the
predicate offense.

A person whose account has been frozen may file a motion to lift the freeze order and the court must
resolve this motion before the expiration of the freeze order.

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

(b) For purposes of implementing targeted financial sanctions in relation to proliferation of weapons of
mass destruction and its financing, as provided under Section 3(15), the AMLC shall have the power
to issue, ex porte, an order to freeze without delay.

The freeze order shall be effective until the basis for its issuance shall have been lifted. During the
effectivity of the freeze order, the aggrieved party may, within twenty (20) days from issuance, file with
the Court of Appeals a petition to determine the basis of the freeze order according to the principle of
effective judicial protection: Provided, That the person whose property or funds have been frozen may
withdraw such sums as the AMLC determines to be reasonably needed for monthly family needs and
sustenance including the services of counsel and the family medical needs of such person.

The AMLC, if circumstance warrant, may initiate civil forfeiture proceedings to preserve the assets and
to protect it from dissipation.ℒαwρhi৷ No court shall issue a temporary restraining order or a writ of
injunction against the freeze order, except the Court of Appeals or the Supreme Court. 23

in any manner or by any means, to any person the fact that a covered transaction report was made, the contents thereof, or any
other information in relation thereto. In case of violation thereof, the concerned officer, employee, representative, agent, advisor,
consultant or associate of the covered institution, shall be criminally liable. However, no administrative, criminal or civil
proceedings, shall lie against any person for having made a covered transaction report in the regular performance of his duties
and in good faith, whether or not such reporting results in any criminal prosecution under this Act or any other Philippine law.
When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives, agents,
advisors, consultants or associates are prohibited from communicating, directly or indirectly, in any manner or by any means, to
any person, entity, the media, the fact that a covered transaction report was made, the contents thereof, or any other information
in relation thereto. Neither may such reporting be published or aired in any manner or form by the mass media, electronic mail,
or other similar devices. In case of violation thereof, the concerned officer, employee, representative, agent, advisor, consultant
or associate of the covered institution, or media shall be held criminally liable.
23 Notes:

Before amendment by R.A. NO. 11521:

Sec. 10. Freezing of Monetary Instrument or Property.— Upon a verified ex parte petition by the AMLC and after determination
that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity as defined in
Section 3(i) hereof, the Court of Appeals may issue a freeze order which shall be effective immediately, for a period of twenty
(20) days. Within the twenty (20)-day period, the Court of Appeals shall conduct a summary hearing, with notice to the parties,
to determine whether or not to modify or lift the freeze order, or extend its effectivity. The total period of the freeze order issued
by the Cout of Appeals under this provision shall not exceed six (6) months. This is without prejudice to an asset preservation
SEC. 11. Authority to Inquire into Bank Deposits. – Notwithstanding the provisions of Republic Act No.
1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791; and other laws, the
AMLC may inquire into or examine any particular deposit or investment, including related accounts,
with any banking institution or non-bank financial institution upon order of any competent court based
on an ex parte application in cases of violations of this Act, when it has been established that there is
probable cause that the deposits or investments, including related accounts involved, are related to an
unlawful activity as defined in Section 3(i) hereof or a money laundering offense under Section 4 hereof;
except that no court order shall be required in cases involving activities defined in Section 3(i)(1), (2),
and (12) hereof, and felonies or offenses of a nature similar to those mentioned in Section 3(i)(1), (2),
and (12), which are Punishable under the penal laws of other countries, and terrorism and conspiracy
to commit terrorism as defined and penalized under Republic Act No. 9372.

The Court of Appeals shall act on the application to inquire into or examine any deposit or investment
with any banking institution or non-bank financial institution within twenty-four (24) hours from filing of
the application.”
To ensure compliance with this Act, the Bangko Sentral ng Pilipinas may, in the course of a periodic or
special examination, check the compliance of a Covered institution with the requirements of the AMLA
and its implementing rules and regulations.

For purposes of this section, ‘related accounts’ shall refer to accounts, the funds and sources of which
originated from and/or are materially linked to the monetary instrument(s) or property(ies) subject of the
freeze order(s).”
A court order ex parte must first be obtained before the AMLC can inquire into these related Accounts:
Provided, That the procedure for the ex parte application of the ex parte court order for the principal
account shall be the same with that of the related accounts.

order that the Regional Trial Court having jurisdiction over the appropriate anti-money laundering case or civil forfeiture case
may issue on the same account depending upon the circumstances of the case, where the Court of Appeals will remand the
case and its records: Provided, That if there is no case filed against a person whose account has been frozen within the period
determined by the Court of Appeals, not exceeding six (6) months, the freeze order shall be seemed ipso facto lifted: Provided,
further, That this new rule shall not apply to pending cases in the courts. In any case, the court should act on the petition to
freeze within twenty-four (24) hours from filing of the petition. If the application is filed a day before a no working day, the
computation of the twenty-four (24)-hour period shall exclude the nonworking days.

“The freeze order or asset preservation order issued under this Act shall be limited only to the amount of cash or monetary
instrument or value of property that the court finds there is probable cause to be considered as proceeds of a predicate offense,
and the freeze order or asset preservation order shall not apply to amounts in the same account in excess of the amount or
value of the proceeds of the predicate offense.

Before amendement by R.A. NO. 10927:

SEC. 10. Freezing of Monetary Instrument or Property. – Upon a verified ex parte petition by the AMLC and after determination
that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity as defined in
Section 3(i) hereof, the Court of Appeals may issue a freeze order which shall be effective immediately, and which shall not
exceed six (6) months depending upon the circumstances of the case: Provided, That if there is no case filed against a person
whose account has been frozen within the period determined by the court, the freeze order shall be deemed ipso facto lifted:
Provided, further, That this new rule shall not apply to pending cases in the courts. In any case, the court should act on the
petition to freeze within twenty-four (24) hours from filing of the petition. If the application is filed a day before a nonworking day,
the computation of the twenty-four (24)-hour period shall exclude the nonworking days.
“A person whose account has been frozen may file a motion to lift the freeze order and the court must resolve this motion before
the expiration of the freeze order.
“No court shall issue a temporary restraining order or a writ of injunction against any freeze order, except the Supreme Court.

Before amendment by R.A. NO. 10365:

SEC. 10. Freezing of Monetary Instrument or Property. — The Court of Appeals, upon application ex parte by the AMLC and
after determination that probable cause exists that any monetary instrument or property is in any way related to an unlawful
activity as defined in Section 3(i) hereof, 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.

Before amendment by R.A. NO. 9194:

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 seventy-two (72) hours to dispose of the depositor’s explanation. If it fails to act
within seventy-two (72) hours from receipt of the depositor’s explanation, the freeze order shall automatically be dissolved. The
fifteen (15)-day freeze order of the AMLC may be extended upon order of the court, provided that the fifteen (15)-day period
shall be tolled pending the court’s decision to extend the period.
No court shall issue a temporary restraining order or writ of injunction against any freeze order issued by the AMLC except the
Court of Appeals or the Supreme Court.
The authority to inquire into or examine the main account and the related accounts shall comply with
the requirements of Article III, Sections 2 and 3 of the 1987 Constitution, which are hereby incorporated
by reference.24

SEC. 12. Forfeiture Provisions.

(a) Civil Forfeiture. – Upon determination by the AMLC that probable cause exists that any monetary
instrument or property is in any way related to an unlawful activity as defined in Section 3(i) or a money
laundering offense under Section 4 hereof, the AMLC shall file with the appropriate court through the
Office of the Solicitor General, a verified ex-parte petition for forfeiture, and the Rules of Court on Civil
Forfeiture shall apply.

The forfeiture shall include those other monetary instrument or property having an equivalent value to
that of the monetary instrument or property found to be related in any way to an unlawful activity or a
money laundering offense, when with due diligence, the former cannot be located, or it has been
substantially altered, destroyed, diminished in value or otherwise rendered worthless by any act or
omission, or it has been concealed, removed, converted, or otherwise transferred, or it is located
outside the Philippines or has been placed or brought outside the jurisdiction of the court, or it has been
commingled with other monetary instrument or property belonging to either the offender himself or a
third person or entity, thereby rendering the same difficult to identify or be segregated for purposes of
forfeiture.

(b) Claim on Forfeited Assets. – Where the court has issued an order of forfeiture of the monetary
instrument or property in a criminal prosecution for any money laundering offense defined under Section
4 of this Act, the offender or any other person claiming an interest therein may apply, by verified petition,
for a declaration that the same legitimately belongs to him and for segregation or exclusion of the
monetary instrument or property corresponding thereto. The verified petition shall be filed with the court
which rendered the judgment of forfeiture, within fifteen (15) days from the date of the finality of the
order of forfeiture, in default of which the said order shall become final and executor. This provision
shall apply in both civil and criminal forfeiture.

(c) Payment in Lieu of Forfeiture. – Where the court has issued an order of forfeiture of the monetary
instrument or property subject of a money laundering offense defined under Section 4, and said order
cannot be enforced because any particular monetary instrument or property cannot, with due diligence,
be located, or it has been substantially altered, destroyed, diminished in value or otherwise rendered
worthless by any act or omission, directly or indirectly, attributable to the offender, or it has been
concealed, removed, converted, or otherwise transferred to prevent the same from being found or to
avoid forfeiture thereof, or it is located outside the Philippines or has been placed or brought outside
the jurisdiction of the court, or it has been commingled with other monetary instruments or property
belonging to either the offender himself or a third person or entity, thereby rendering the same difficult
to identify or be segregated for purposes of forfeiture, the court may, instead of enforcing the order of
forfeiture of the monetary instrument or property or part thereof or interest therein, accordingly order
the convicted offender to pay an amount equal to the value of said monetary instrument or property.
This provision shall apply in both civil and criminal forfeiture.25

24Notes:
Before amendment by R.A. NO. 10167:
SEC. 11. Authority to Inquire into Bank Deposits. — Notwithstanding the provisions of Republic Act No. 1405, as amended,
Republic Act No. 6426, as amended, Republic Act No. 8791, and other laws, the AMLC may inquire into or examine any particular
deposit or investment 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 are related to
an unlawful activity as defined in Section 3(i) hereof or a money laundering offense under Section 4 hereof; except that no court
order shall be required in cases involving unlawful activities defined in Sections 3(i)(1), (2) and (12).
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.

Before amendment by R.A. NO. 9194:

SEC. 11. Authority to Inquire into Bank Deposits. — Notwithstanding the provisions of Republic Act No. 1405, as amended;
Republic Act No. 6426, as amended; Republic Act No. 8791, and other laws, the AMLC may inquire into or examine any particular
deposit or investment with any banking institution or non-bank financial institution upon order of any competent court in cases
of violation of this Act when it has been established that there is probable cause that the deposits or investments involved are in
any way related to a money laundering offense: Provided, That this provision shall not apply to deposits and investments made
prior to the effectivity of this Act.
25 Before amendment by R.A. NO. 10365:
(d) No court shall issue a temporary restraining order (TRO) or a writ of injunction against any
provisional asset preservation order or asset preservation, except the Court of Appeals or the Supreme
Court.26

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

(a) Civil Forfeiture. — When there is a covered transaction report made, and the court has, in a petition filed for the purpose
ordered seizure of any monetary instrument or property, in whole or in part, directly or indirectly, related to said report, the
Revised Rules of Court on civil forfeiture shall apply.
(b) Claim on Forfeiture 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 equal to the value of said monetary instrument or property. This provision shall apply in both civil and
criminal forfeiture.
26 ADDED pursuant to R.A. NO. 11521
(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 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), (b), (c) and (d) of this Act.

The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One million five
hundred thousand Philippine pesos (Php1,500,000.00) but not more than Three million Philippine
pesos (Php3,000,000.00), shall be imposed upon a person convicted under Section 4(e) and (f) of this
Act.

The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than One hundred
thousand Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos
(Php500,000.00), or both, shall be imposed on a person convicted under the last paragraph of Section
4 of this Act.27

(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. 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

27 Before amendment by R.A. NO. 10365:

(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.
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. If the offender is a juridical person, the court may
suspend or revoke its license. If the offender is an alien, he shall, in addition to the penalties herein
prescribed, be deported without further proceedings after serving the penalties herein prescribed. If the
offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case may be.

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

(d) Breach of Information Security and Confidentiality. The punishment of imprisonment ranging from
three (3) to eight (8) years and a fine of not less than Five hundred thousand Philippine pesos
(P500,000.00) but not more than One million Philippine pesos (P1,000,000.00), shall be imposed on a
person convicted for a violation under Section 9(c) 0r Section 8-A on information security and
confidentiality of this Act. If the offender is public official or employee, he shall, in addition to the
penalties prescribed herein, suffer the penalty of perpetual or temporary absolute disqualification from
public office, as the case may be. 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.28

(e) The penalty of imprisonment ranging from four (4) to seven (7) years and a fine corresponding to
not more than two hundred percent (200%) of the value of the monetary instrument or property
laundered shall be imposed upon the covered person, its directors, officers or pesonnel who knowingly
participated in the commission of the crime of money laundering.

(f) Imposition of Administrative Sanctions. The imposition of the administrative sanctions shall be
without prejudice to the filing of criminal charges against the persons responsible for the violation.

After due notice and hearing, the AMLC shall, at its discretion, impose sanctions, including monetary
penalties, warning or reprimand, upon any covered person, its directors, officers, employees or any
other person for the violation of this Act, its implementing rules and regulations, or for failure or refusal
to comply with AMLC orders, resolutions and other issuances. Such monetary penalties shall be in
amounts as may be determined by the AMLC to be appropriate, which shall not be more than Five
hundred thousand Philippine pesos (P500,000.00) per violation.

28Notes:
Before amendment of (d) by R.A. NO. 11521
(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not less
than Five hundred thousand Philippine pesos (Php 500,000.00) but not more than One million Philippine pesos (Php
1,000,000.00) shall be imposed on a person convicted for a violation under Section 9(c). 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.

Before amendment by R.A. NO. 9194:

(c) Malicious Reporting. Any person who, with malice, or in bad faith, report or files a completely unwarranted or false information
relative to money laundering transaction against any person shall be subject to a penalty of six (6) months to four (4) years
imprisonment and a fine of not less than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five
hundred thousand Philippine pesos (Php500,000.00), at the discretion of the court: Provided, That the offender is not entitled to
avail the benefits of the Probation Law.
If the offender is a corporation, association, partnership or any juridical person, the penalty shall be imposed upon the responsible
officers, as the case may be, who participated in the commission of the crime or who shall have knowingly permitted or failed to
prevent its commission. If the offender is a juridical person, the court may suspend or revoke its license. If the offender is an
alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings after serving the penalties
herein prescribed. If the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case may be.
Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer
the same penalties prescribed herein.

(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not less
than Five hundred thousand Philippine pesos (Php500,000.00) but not more than One million Philippine pesos
(Php1,000,000.00), shall be imposed on a person convicted for a violation under Section 9(c).
The AMLC may promulgate rules on fines and penalties taking into consideration the attendant
circumstances, such as the nature and gravity of the violation or irregularity.

(g) The provision of this law shall not be construed or implemented in a manner that will discriminate
against certain customer types, such as politically-exposed persons, as well as their relatives, or against
a certain religion, race or ethnic origin, or such other attributes or profiles when used as the only basis
to deny these persons access to the services provided by the covered persons. Whenever a bank, or
quasi-bank, financial institution or whenever any person or entity commits said discriminatory act, the
person or persons responsible for such violation shall be subject to sanctions as may be deemed
appropriate by their respective regulators.29

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.30

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 office 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.

Within ninety (90) days from the effectivity of this Act, the AMLC, the Philippine Amusement and
Gaming Corporation (PAGCOR) and other government regulatory agencies shall jointly promulgate the
rules and regulations to implement the provisions of this Act as applicable to casinos as covered
institutions. The implementing rules applicable to other covered institiations shall not apply to casinos
unless it is expressly so provided under the rules and regulations to implement the provisions of this
Act.31

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 Anti-Money
Laundering Council within thirty (30) days from the promulgation of the said rules.

SEC 20. Non-Intervention in the Bureau of Internal Revenue (BIR) Operations. - Nothing contained in
this Act nor in related antecedent laws or existing agreements shall be construed to allow the AMLC to
participate in any manner in the operation of the BIR. The AMLC, may, however, coordinate with the
BIR On investigations in relating to violations of Section 254 of NIRC, as amended, as a predicate
offense to money laundering.32

29 (e), (f), and (g) were ADDED pursuant to R.A. NO. 10365
30 DELETED pursuant to R.A. NO. 9194
31 ADDED pursuant to R.A. NO. 10927
32 Before amendment by R.A. NO. 11521:
SEC. 21. The authority to inquire into or examine the main account and the related accounts shall
comply with the requirements of Article III, Sections 2 and 3 of the 1987 Constitution, which are hereby
incorporated by reference. Likewise, the constitutional injunction against ex post facto laws and bills of
attainder shall be respected in the implementation of this Act.33

SEC. 22. 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. 23. 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.34

SEC. 24. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or parts
thereof, including the relevant provisions of Republic Act No. 1405, as amended; Republic Act No.
6426, as amended; Republic Act No. 8791, as amended and other similar laws, as are inconsistent
with this Act, are hereby repealed, amended or modified accordingly.

SEC. 25. 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.35

SEC. 20. Non-intervention in the Bureau of Internal Revenue (BIR) Operations. – Nothing contained in this Act nor in related
antecedent laws or existing agreements shall be construed to allow the AMLC to participate in any manner in the operations of
the BIR.”
33 Sections 20 and 21 were ADDED pursuant to R.A. NO. 10365
34 Sections 22 and 23 RENUMBERED pursuant to R.A. NO. 10365
35 Before amendment by R.A. NO. 9194:

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.