ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY PENALTY:

committed as a result / on occasion thereof PIRACY HIGHWAY ROBBERY/

Definition: BRIGANDAGE
PIRACY under PD 532 PIRACY under Art 122 RT med & max RT min
BY ANY PERSON Including passenger or BY ANY PERSON Including passenger or Physical injuries OR Other crimes RP RT med & max
member of complement member of complement -Rape, Murder, or Homicide Death Death
ATTACK upon any vessel ATTACK or Vessel -ABANDONED victims without means of Death
or SEIZURE SEIZE saving themselves
BY ANY PERSON Including passenger or BY FOREIGN (3rd) PERSON EXCLUDING -Seizure accomplished by FIRING upon or
member of complement passenger or member of complement BOARDING a vessel
Taking away - whole/part of a Vessel, Seize - (vessel itself excluded) -Kidnapping for ransom Death
(seize?) - Cargo of vessel - whole/part of the Cargo -Extortion
(irrespective of - Equipment of vessel of vessel
value) - Personal belongings of - Equipment of vessel Definition of HIGHWAY ROBBERY/BRIGANDAGE
complements or -Personal belongings of ACT TO WHOM PURPOSE
passengers complements or Seizure Any person - For Ransom
passengers - Extortion,
By means of - Violence against - - - other Unlawful purposes
- Intimidation of persons Taking away Property of another
-Force upon things By means of - Violence against
Where: IN PH WATERS Where: HIGH SEAS or PH WATERS - Intimidation of persons
(includes - Force upon things
mutiny) - other Unlawful means
BY WHOM: Any person
PD 532 RPC Art. 122, am RA 7659 WHERE: On any PH HIGHWAY
On the locus of the Cover PH waters only HIGH SEAS and PH WATERS
crime AIDING pirates or highway robbers/brigands or
As to qualifying Piracy is qualified Piracy is qualified ABETTING piracy or highway robbery/brigandage
circumstances a. by boarding or firing upon the a. by boarding or firing
vessel to seize it upon the vessel to seize ACCOMPLICE:
b. by abandoning the victims it Any person - KNOWINGLY and IN ANY MANNER
without mean of saving b. by abandoning the Aids or Protects Pirates or highway
themselves victims without mean of robbers/brigands
c. by committing murder, saving themselves a. Giving them info about -of the police, or
homicide, physical injuries, c. by committing murder, the movement -other peace officers of govt
rape homicide, physical b. Acquires or receives Property taken by the
Penalty = Death injuries, rape pirates/brigands
d. OTHER CRIMES Penalty = RP-Death
c. Benefit (in any manner) therefrom
Thus, ANY CRIME CAN QUALIFY
Any person DIRECTLY OR INDIRECTLY
piracy
Abets commission Of piracy, highway robbery,
Penalty for qualified RP-Death
brigandage
piracy
Punishable: RPC
Penalty for physical Reclusion perpetua
injuries and other
crimes

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MONEY LAUNDERING exceeding 15 working
days
ANTI-MONEY LAUNDERING COUNCIL (AMLC) Lawyers and NOT a. Covered If relevant info was
1. Governor of BSP chairman accountants acting REQUIRED transactions. obtained in circumstances
2. Commissioner of the IC (Insurance Commission) member as independent to report b. Suspicious where they are subject to
3. Chairman of SEC member legal professionals transactions professional secrecy or
To unanimously discharge functions. legal professional privilege

How Prevention of Money Laundering is done To whom administrative, criminal, or civil proceedings cannot lie:
A. CUSTOMER IDENTIFICATION a. ANY PERSON
Covered Establish and record True identity of its clients b. Having made a covered transaction report
Institutions - Based on official documents c. In regular performance of his duties
Maintain a system of verifying True identity of their clients d. In good faith
In case of corporate clients, a. their legal existence e. W/N such reporting results in any criminal prosecution under this Act or any other
require a system of verifying b. organizational structure PH law.
c. authority and identification of all
the persons purporting to act on Prohibition when reporting covered or suspicious transactions to the AMLC
their behalf. Covered Persons, Prohibited from a. The media
Their officers and COMMUNICATING to any b. The fact that a covered
Prohibited: employees person or entity or suspicious transaction
a. anonymous accounts - Directly or indirectly has been reported or is
b. accounts under fictitious names - In any manner about to be reported
c. all other similar accounts - Or by any means c. The contents of the
Allowed: report, OR
a. Peso and foreign currency non-checking numbered accounts d. Any other info in relation
thereto
LIMITED PURPOSE Mass media PUBLISHING or AIRING
BSP Conduct annual testing Determination of the existence and true identity of Electronic mail - In any manner or form
the owners of such accounts Other similar devices

B. RECORD KEEPING In case of violation:

Maintain and safely store for 5 years form the dates of transactions All records of all - Concerned officer and employee of covered person and media shall be held
transactions of covered institutions. criminally liable.

Preserve and safely store for at least 5 years from the dates when they were closed with FREEZING OF MONETARY INSTRUMENT OR PROPERTY
respect to closed accounts, the records on (a) customer identification, (b) account files and a. Upon (a) verified ex parte petition by AMLC
(c) business correspondence And after (b) determination of probable cause that MI/P is in any way related to
an unlawful activity
C. REPORTING OF COVERED AND SUSPICIOUS TRANSACTIONS b. CA issue FREEZE ORDER, effective immediately, not exceeding 6 months
Covered Persons Report to a. all covered w/in 5 working days from depending upon the circumstances of the case
AMLC transactions occurrence thereof. c. If no case is filed, freeze order shall be ipso facto lifted
b. all suspicious d. This new rule does NOT apply to pending cases in court
transactions e. Court to act on Petition to Freeze within 24 hours from filing.
UNLESS AMLC prescribes If filed day before non-working day, computation of 24 hours shall exclude the non-
different period not working days
f. Person With Frozen Account may file Motion to Lift the Freeze Order

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 - Court must resolve before expiration of freeze order Value of Other MI/P = MI/P When in due diligence, Other MI/P cannot be
g. ONLY SC can issue TRO and Injunction against any freeze order related in any way to UA or a. Located
MLO b. Substantially altered
AUTHORITY TO INQUIRE INTO BANK DEPOSITS c. Destroyed
d. Diminished in value
(basically Court order is needed for authority to inquire) e. Otherwise rendered worthless by any act or omission
-Upon order of any competent court f. Concealed
-Based on an ex parte application in cases of violations of this Act g. Removed
-When established probable cause that D/I-R are related to Unlawful activity (s3i) or Money h. Converted
Laundering offenses (s4) i. Otherwise transferred
AMLA may -- j. Located outside PH
Inquire or examine Any particular deposit or With any k. Placed or brought outside JD of court
investment a. Banking l. Has been commingled with other monetary instrument or
Including related accounts institution, or property belonging to either the offender himself or 3rd
(D/I-R) b. Non-bank party/entity rendering the same difficult to identify or be
financial segregated for purposes of forfeiture
institution
CLAIM ON FORFEITED ASSETS
Where court - issued Order of Forfeiture on MI/P in crim prosecution for any MLO,
EXCEPT: No court order required in Offender or any other person claiming interest - may apply BY VERIFIED PETITION, for a
a. sec 3(i) 1, 2, & 12. declaration that (1) the same legitimately belongs to him and (2) for segregation of exclusion
b. Felonies or offenses of a nature similar to those in sec 3(i) 1, 2, & 12, which are of the MI/P corresponding thereto.
punishable under the penal law of other countries
c. Terrorism and conspiracy to commit terrorism in RA 9372 Where to file Verified petition in the court that rendered the judgment of forfeiture
- Within 15 days from the date of the finality of the order of forfeiture
CA shall act on this application to inquire within 24 hours from filing of application - In default of which, order shall become final and executory
- Applies to both civil and crim forfeiture
To ensure compliance of this Act, and in the course of a periodic of special examination,
BSP may check the compliance Covered Institutions with the requirements of the PAYMENT IN LIEU OF FORFEITURE
AMLA and its IRR Where court - issued Order of Forfeiture on MI/P in crim prosecution for any MLO, and
Order cannot be enforced because any particular MI/P, with due diligence, cannot
Court order ex parte needed for AMLC to inquire into Related Accounts. be (refer to a-l enum above)
Provided: both PRINCIPAL ACCOUNT and RELATED ACCOUNTS shall have same Court instead of enforcing Order of Forfeiture of MI/P or part thereof, or interest
procedure for EX PARTE APPLICATION of EX PARTE COURT ORDER therein, ORDER the convicted offender to pay an EQUAL AMOUNT to the value of
- This authority to inquire/examine shall comply with Art 3, Sec 2 and 3 of said MI/P.
consti. - Applies to civil and crim cases

FORFEITURE MUTUAL ASSISTANCE AMONG STATES

CIVIL FORFEITURE A. FOREIGN TO PH

AMLC finds probable cause MI/P is in any way related to UA or MLO, Where foreign State makes a request for assistance in the investigation or
AMLC file in competent court through OSG verified ex parte petition for forfeiture prosecution of a money laundering offense: AMLC can execute or refuse to execute
Rules of Court on Civil forfeiture shall apply. with valid reason for not or for delaying execution.
- Principles of mutuality and reciprocity shall apply
Forfeiture include
B. PH EXECUTE
AMLC may execute foreign request by:
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 1. Tracking down, freezing, restraining, and seizing ASSETS to be proceeds of any
unlawful activity under the procedures
2. Giving information needed by the foreign State within the procedures laid
down in this Act
3. Applying for an order of forfeiture of any MI/P in the court
Provided: Court shall only issue if accompanied by
a. Authenticated copy of order of a court in the requesting state
Ordering the forfeiture of said MI/P of a person convicted
of MLO in the requesting state
b. Certification or affidavit of a competent officer of requesting state
That conviction and the order of forfeiture are final and
that no further appeal lies in respect of other.

C. PH TO FOREIGN
AMLC may request 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
of control of, any or all of the persons named in the said request , and/or search
any or all such persons named there and/or remove any document, material or
object named in said request
PROVIDED: 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
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 (1) authenticated copy
of the order of the RTC ordering the forfeiture of said MI/P of a convicted offender
and an (2) 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

AMLC may refuse to comply where action
a. Contravenes any provision of the Consti
b. Execution is prejudicial to the national interest of PH
UNLESS: theres a treaty between the 2 states re MLO.

E.

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