Q: What is Republic Act No. 9160, as amended?

AMLA of 2001
Answer: Anti- Money Laundering Act of 2001

Q: Why is AMLA created/passed? Sec 2, AMLA

Answer:
* 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 Philippines shall extend cooperation in transnational investigations
and prosecutions of persons involved in money laundering activities wherever committed.

Who are the covered persons under AMLA?

Answer: Natural or juridical persons under:
1. BSP – regulated entities
2. Insurance Commission – regulated entities
3. SEC – regulated entities
4. Designated Non-Financial business and professions

Q: are non-stock savings and loan associations included under the coverage of AMLA?
Answer: Yes, they are included as those among the entities regulated and supervised by the BSP

Q: how about electronic money issuer like GCash, Paymaya included under the coverage of AMLA?
Answer: Yes, they are included as those among the entities regulated and supervised by the BSP

Q: how about insurance agents?

Answer: Yes, they are included as those among the entities regulated and supervised by the IC

Q: May AMLC inquire into bank deposits without violating the bank secrecy law?
Answer: No. AMLC may only inquire into bank deposits upon ORDER OF THE COURT when there is probable
cause that the bank deposits are related to crime or unlawful activity.

Q: Can the AMLC compel Banco de Plata to confirm the Congressman’s foreign currency deposits and to
provide details thereon?
Answer: NO. Court order required.

Q: If the AMLC cannot compel Banco de Plata to confirm the Congressman’s foreign currency deposits,
what is the remedy of the AMLC?
Answer: the AMLC may File an ex parte application and establish probable cause that these deposits or
investments, including related accounts involved, are related to unlawful activity or money laundering
offense.

Q: Why only 24hours to act?

Answer: need kasi habulin yung time na hindi dapat malalaman nung third party yung abt bank deposit kasi
baka I’freeze
Other: Kasi kapag lumagpas malalaman nung other parties tapos may possibility na iwithdraw niya.
Example ay yung kay bong revilla na nalaman n’ya agad na under inquiry ‘yung account niya so ginawa niya
winithdraw niya. ‘yung other party, kahit ifreeze niya ‘yung account eh walang sense kasi wala ng laman
‘yung account
Q: Can the AMLC compel Banco de Plata to freeze the Congressman’s foreign currency deposits?
Answer: NO. ONLY court of appeals may issue a Freeze Order.

Q: Can the CA issue the order without violation of the law on secrecy of bank deposits which encompasses the affected
parties’ rights to privacy?
Answer: YES. AMLA is an exception to the Bank secrecy law.

Q: When is an account considered to be a related account?

Answer: Related accounts refer to accounts, the funds and sources of which originated from and/or materially linked to
the monetary instruments or property subject of the case

Q: Is a court order required for bankdeposit inquiry?

Answer: NO. specific crime where court order is dispensed with.

Q: Is a court order for AMLC’s inquiry into bank deposits ALWAYS required?
Answer: NO. There are unlawful activities where a court other is not required.

Q: What are these unlawful activities?

Answer: No. 1, 2, 12 and felonies or offenses similar to 1,2,12 which are punishable under the penal laws of other
countries Terrorism and conspiracy to commit terrorism as defined and penalized under RA No. 9372

Q: Is a pre-existing or pending criminal case required prior to inquiry of bank deposits relative to these unlawful
activities?
Answer: NO. probably cause is required. (Bank inquiry order page 23, probable cause – reasonable ground, need muna
i’confirm yung chismis kung totoo ba)

Q: If the amount found in Juan’s account is 5 million, what is covered by the freezeorder?
Answer: 1M. only that amount of cash that the court finds probable cause to be considered as proceeds of a predicate
offense.

Q: Can a case for the crime of money laundering be also filed against Juan in addition to the kidnapping for ransom?
Answer: YES. Separate and distinct elements. (Kidnaping for ransom ay automatically guilty ang money laundering ay kung
idedeposit nya yung ransom para malinis yung pera so separate and distinct sya sa isa’t isa and pede nya I’file both or
maalin)

Q: Juan deposited with Bank of the World-Philippines branch the ransom money of P1M. When the Bank prepared the
covered transactions report, Juan’s deposit was in advertently omitted. Upon discovery by the AMLC of the said
deposit, may the AMLC file a case of money laundering against the bank?
Answer: YES. Failure to report. (Whether intentional or not pede ka idemanda ng failure to report)

Q: If yes, in which court will the AMLC file the case of money laundering offense?
Answer: RTC (Regional Trial Courts), kasi yun ang sabi ng court.

Q: Assuming that Juan is a Governor of a province and Pedro is his contender, in which court will the AMLC file the case
of money laundering offense?
Answer: Sandiganbayan, kapag public officer ang involved.

Q: Assuming that Juan is a Governor of a province and Pedro is his contender, and the kidnapping for ransom incident
happened on April 1, 2021 where the money was deposited on 02 April 2021, may the AMLC file a case against money
laundering?
Answer: YES. Not election period.

Q: Assuming that Juan is a Governor of a province and Pedro is his contender, and the kidnapping for ransom incident
happened on April 1, 2022 where the money was deposited on 02 April 2022, may the AMLC file a case against money
laundering?
Answer: NO. election period.