AMLA-ANTI-MONEY LAUNDERING ACT
RA 9160
RA 9194
RA 10167
RA 10365
RA 10927
Purpose of AMLA
 To protect and preserve the confidentiality and integrity of bank accounts
 To ensure that the Philippines is not a money laundering site
 To cooperate to transnational investigation and prosecution
Money Laundering- is a crime where the proceeds of an unlawful activity are transacted, thereby making
them appear to have come from legitimate sources
Placement- introduction of the proceeds to the financial system
Layering- erasing the trace of the transaction from the unlawful activity
Integration- The proceeds are used as if it came from legitimate sources
PREVENTIVE MEASURES
1. Customer Identification
 Customer Due Diligence- process of identifying your customers and checking they are
who they say
 Prohibited accounts- these are anonymous accounts, accounts under fictitious names,
and other similar accounts
2. Record Keeping- 5 years
3. Transaction Reporting
 Covered transactions- in excess of 500,000; general rule
In excess of 1,000,000; for jewelry and dealers of precious
metals and stones
In excess of 5,000,000; for casino
 Suspicious transactions:
a. There is no economic justification
b. The client cannot be clearly identified
c. Disproportion of financial capacity of the client
d. The transaction deviates the clients profile
e. The transaction is structured in a way to avoid being reported
f. The transaction is involved in money laundering and unlawful activities
g. Any other matter that are similar and analogous to the foregoing
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Real Transactions- for real properties
COVERED PERSONS
1. Financial Institutions
 regulate and supervised by: BSP, IC, SEC
2. Designated Non-Financial Business and Professions
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Jewelers
Dealers of Precious metals and stones
Company Service providers
Other professions
Casino
3. Land registration authority/Registry of deeds- for real transactions
Safe Harbor Provision- A covered person who reported a transaction is protected whenever a certain
client under a litigation is not guilty of any violation of this act filed a case against the covered person.
CREATION OF THE ANTI-MONEY LAUNDERING COUNCIL(AMLC)
Shall be composed of:
1. The governor of the BSP
2. The commissioner of the IC
3. The chairman of the SEC
Shall also establish a SECRETARIAT which shall be governed by the Executive Director appointed by the
three persons above.
POWERS OF AMLC
1. To file criminal case
 Usually at department of Justice to National prosecution office and the case will be held at
Regional Trial court
 If government officials, filing of the complaint to the Ombudsman to Office of Special
Prosecutor which shall be held at Sandiganbayan
2. To initiate forfeiture cases
Forfeiture- money instrument or property from the proceeds of unlawful activity shall be
obtained by the government
 CIVIL FORFEITURE- independent with criminal case
Filed to the Office of the solicitor general
Title of the case
Criminal case- people of the Philippines vs…..
Civil case- republic of the Philippines vs…..
3. To inquire, examine, look into bank deposits or investments
If there are probable cause established if involved in money laundering or unlawful activity
General rule: with an order of a competent court
Exceptions: Section 3(i)
 Serious illegal detention or kidnapping
 Drug related crime
 High jacking, destructive arson, murder
 Felonies or offenses similar to 1,2,12 which is punish under foreign laws
 Anti-terrorism Act of 2020
 Terrorist Financing Prevention and Suppression Act
4. Freeze Order- stop the movement of monetary instrument or property which are in any way
related to an unlawful activities
If there are probable cause established if involved in unlawful activity
General rule: with an order of a competent court
Exceptions:
 Anti-terrorism Act of 2020
 Terrorist Financing Prevention and Suppression Act
HOW TO COMMIT MONEY LAUNDERING
1. When any person knows that a money instrument or property represents, involves, resulted
from the proceeds of an unlawful activity and has done the following:
a. transacts said monetary instrument or property;
b. converts, transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property;
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 paragraph (a), (b) or (c) above.
2. When a covered person knows a reportable transaction and fails to do so
*if proven guilty, criminal case and forfeiture
Election Period- 90 days before the election ad 30 days thereafter
 Cannot file money laundering case
 Cannot file civil forfeiture case
 Cannot file freezing order