ReSA - THE REVIEW SCHOOL OF ACCOUNTANCY

REGULATORY FRAMEWORK for BUSINESS TRANSACTIONS Atty. J. Domingo

BANKING LAWS

BANK SECRECY LAW (RA 1405, AS AMENDED)

❖ Purpose: to give encouragement to the people to deposit their money in banking institutions and to discourage
private hoarding so that the same may be properly utilized by banks in authorized loans to assist in the
development of the country

❖ Prohibited Act: It shall be unlawful for any official or employee of a bank to disclose to any person or for an
independent auditor hired by a bank to conduct its regular audit to disclose to any person other than a bank
director, official or employee authorized by the bank, any information concerning said deposits.

❖ Deposits covered:

1. Peso deposits: All deposits of whatever nature with banks or banking institutions in the Philippines including
investments in bonds issued by the Government of the Philippines, its political subdivisions and its
instrumentalities, are considered absolutely confidential and may not be examined, inquired or looked into by
any person, government official, bureau or office, unless:
a. When there is a written permission of the depositor or investor
b. Impeachment cases
c. Upon the order of a competent court in cases of bribery or dereliction of duty of public officials
d. Upon the order of a competent court in cases where the money deposited or invested is the subject of
litigation
e. Upon order of the competent court or tribunal in cases involving unexplained wealth under RA 3019
f. Upon inquiry by the Commissioner of BIR for the purpose of determining the net estate of a deceased
depositor
g. Upon the order of a competent court or in proper cases by the AMLC where there is probable cause of
money laundering and in some instances even without court order
h. Disclosure to the Treasurer of the Philippines for dormant deposits for at least 10 years under the
Unclaimed Balances Act (RA 3936)
i. Report of banks to AMLC of covered and/or suspicious transactions
j. Upon order of the CA, examination by law enforcement officers in terrorism cases under the Human
Security Act of 2007 (RA 9372)
k. Examination is made in the course of a special or general examination of bank and is specifically
authorized by MB after being satisfied that there is reasonable ground to believe that a bank fraud or
serious irregularity has been or is being committed and that is necessary to look into the deposit to
establish such fraud or irregularity
l. Examination is made by an independent auditor hired by the bank to conduct its regular audit
provided that the examination is for audit purposes only and the results thereof shall be for the
exclusive use of the bank
2. Foreign currency deposits: except:
a. When there is written consent of depositor under Section 8 of the Foreign Currency Deposits Act (RA
6426)
b. Under Section 11 of the Anti-Money Laundering Act (probable cause established that it is related to an
unlawful activity as defined or money laundering)
c. Under Section 27 and 28 of the Human Security Act (existence of probable cause in anti-terrorism
cases and those involving persons charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism, judicially declared and outlawed terrorist organization, association, or group of
persons, or member of such organization, association, or group of persons)

❖ Garnishment: Bank accounts may be garnished by the creditors of the depositor. The amount of deposit is not
actually disclosed, hence, no violation.

Exceptions:
1. Foreign currency deposits, Section 8 of RA 6426 (Note: In Salvacion v. Central Bank, GR 94723, August 21,
1997, foreign currency deposits made by a transient or a tourist is not the kind of deposit protected by law.
Hence, a dollar deposit made by a transient or a tourist may be subject to garnishment.)
2. Exempt under Rules of Court

❖ Penalties for violation: imprisonment of not more than 5 years or a fine not more than P20,000.00 or both
UNCLAIMED BALANCES LAW (ACT 3936, AS AMENDED BY PD 679)
❖ Unclaimed Balances: include credits or deposits of money, bullion, security, or other evidence of indebtedness
of any kind, and interest thereon with banks, buildings and loan associations, and trust corporations, in favor of
any person known to be dead or who has not made further deposits or withdrawals during the preceding 10
years or more

It is obligatory of every bank to report, in sworn statement, to the Treasurer of the Philippines (who will, in
turn, inform the Solicitor General) of deposits that have not been touched (no deposit or withdrawal made) for
a period of 10 years or held in favor of persons known to be dead.

Under Section 1 of PD 679, all banks, building and loan associations, and trust corporations shall forward the
report to within the month of January of every odd year.

❖ Information required:
1. The names and last known place of residence or post office addresses of the persons in whose favor such
unclaimed balances stand;
2. The amount and the date of the outstanding unclaimed balance and whether the same is in money or in
security, and if the latter, the nature of the same;
3. The date when the person in whose favor the unclaimed balance stands died, if known, or the date when he
made his last deposit or withdrawal; and
4. The interest due on such unclaimed balance, if any, and the amount thereof.

Proper publication will then be made and if the depositors make no claim, escheat proceedings will result in the
unclaimed balances being deposited with the Treasurer of the Philippines to the credit of the Republic to be used
and appropriated by Congress.

Publication of list of unclaimed balances is intended to safeguard the right of depositors, their heirs and successor
to due process.

Any bank, building and loan association, or trust corporation which shall make any deposit with the Treasurer of
the Philippines in conformity with the Unclaimed Balances Law shall not thereafter be liable to any person for the
same and any action which may be brought by any person against in any bank, building and loan association, or
trust corporation for unclaimed balances so deposited shall be defended by the Solicitor General without cost to
such bank, building and loan association, or trust corporation.

PDIC ACT (RA 3591, AS AMENDED)

❖ Basic Policy: promote and safeguard the interests of the depositing public by way of providing permanent and
continuing insurance coverage on all insured deposits

❖ Insured Deposit: amount due to any bona fide depositor for legitimate deposits in an insured bank net of any
obligation of the depositor to the insured bank as of the date of closure, but not to exceed P500,000.00

Note: In case of a condition that threatens the monetary and financial stability of the banking system that may
have systemic consequences as determined by the MB, the maximum deposit insurance cover may be adjusted
in such amount, for such a period, and/or for such deposit products, as may be determined by a unanimous
vote of the Board of Directors in a meeting called for the purpose and chaired by the DOF Secretary, subject to
the approval of the President of the Philippines.

Under Section 22 of the PDIC Charter, a systemic risk refers to the possibility of failure of one bank to settle net
transactions with other banks will trigger a chain reaction, depriving other banks of funds leading to a general
shutdown of normal clearing and settlement activity. It also means the likelihood of a sudden, unexpected collapse
of confidence in a significant portion of the banking or financial system with potentially large real economic
effects.

❖ Coverage: The deposit liabilities of any bank or banking institution, which is engaged in the business of
receiving deposits as herein defined on the effective date of the PDIC Act, or which thereafter may engage in the
business of receiving deposits, shall be insured with the PDIC.

❖ Commencement of liability: PDIC shall commence the determination of insured deposits due the depositors
of a closed bank upon its actual takeover of the closed bank.
❖ Deposit accounts not entitled to payment:
1. Investment products such as bonds and securities, trust accounts and other similar instruments
2. Deposit accounts or transactions which are unfunded and that are fictitious or fraudulent
3. Deposit accounts or transactions constituting and/or emanating from, unsafe and unsound banking practice/s,
as determined by PDIC, in consultation with BSP, after due notice and hearing, and publication of a cease and
desist order issued by PDIC against such deposit accounts or transactions
4. Deposits that are determined to be the proceeds of an unlawful activity as defined under RA 9160, as amended

❖ Per Depositor, Per Capacity Rule: all deposits in the bank maintained in the same right and capacity for his
benefit either in his own name or in the name of others

❖ Joint accounts: A joint account regardless of whether the conjunction “and”, “or”, “and/or” is used shall be
insured separately from any individually-owned deposit account, provided that:
1. If the account is held jointly by two or more natural persons, or by two or more juridical persons or entities, the
maximum insured deposit shall be divided into as many equal shares as there are individuals, juridical persons
or entities, unless a different sharing is stipulated in the document of deposit, and
2. If the account is held by a juridical person or entity jointly with one or more natural persons, the maximum
insured deposit shall be presumed to belong entirely to such juridical person or entity;

Provided, further, that the aggregate of the interest of each co-owner over several joint accounts, whether
owned by the same or different combinations of individuals, juridical persons or entities, shall likewise be
subject to the maximum insured deposit of P500,000.00.

No owner/holder of any negotiable certificate of deposit shall be recognized as a depositor entitled to the
rights in PDIC Act unless his name is registered as owner/holder thereof in the books of the issuing bank.

PDIC shall commence the determination of insured deposits due the depositors of a closed bank upon its actual
takeover of the closed bank. PDIC shall give notice to the depositors of the closed bank of the insured deposits
due them by whatever means deemed appropriate by the Board of Directors. PDIC shall publish the notice once
a week for at least 3 consecutive weeks in a newspaper of general circulation or, when appropriate, in a
newspaper circulated in the community or communities where the closed bank or its branches are located.

Mode of payment: made as soon as possible either:

1. By cash
2. By making available to each depositor a transferred deposit in another insured bank in an amount equal to
insured deposit of such depositor

Note: The PDIC, in its discretion, may require proof of claims to be filed before paying the insured deposits, and
that in any case where the PDIC is not satisfied as to the validity of a claim, it may require final determination of
a court of competent jurisdiction before paying such claim. The PDIC may likewise withhold payment of such
portion of the insured deposit for the payment of any liability of such depositor as a stockholder of the closed
bank, or of any liability of such depositor to the closed bank or its receiver, which is not offset against a claim
due from such bank, pending determination and payment of such liability by such depositor or any other liable
therefor.

❖ Effect of payment: PDIC shall be subrogated to all rights of the depositor against the closed bank to the extent
of such payment. Such subrogation shall include the right on the part of PDIC to receive the same dividends
and payments from the proceeds of the assets of such closed bank and recoveries on account of stockholders’
liability as would have been payable to the depositor on a claim for the insured deposits, but such depositor
shall retain his claim for any uninsured portion of his deposit.

Also, under Section 21 of the PDIC Charter, payment of an insured deposit to any person by PDIC shall discharge
the PDIC, and payment of transferred deposit to any person by the new bank or by an insured bank in which a
transferred deposit has been made available shall discharge PDIC and such new bank or other insured bank, to the
same extent that payment to such person by the closed bank would have discharged it from liability for the insured
deposit.

❖ Uninsured Portion: The depositor shall retain his or her claim for any uninsured portion of his or her deposit,
which legal preference shall be the same as that of the subrogated claim of PDIC for its payment of insured
deposits.

❖ Preference: All payments by PDIC of insured deposits in closed banks partake of the nature of public funds,
and as such, must be considered a preferred credit similar to taxes due to the National Government in the order
of preference under Article 2244(9) of NCC, provided further, that this preference shall be likewise effective
 upon liquidation proceedings already commenced and pending as of the approval of PDIC Act, where no
distribution of assets has been made.

❖ Failure to settle claim of insured depositor: Failure to settle the claim within 6 months from the date of
filing of claim for insured deposit, where such failure was due to grave abuse of discretion, gross negligence,
bad faith or malice, shall upon conviction, subject the directors, officers or employees of PDIC responsible for
the delay, to imprisonment from 6 months to one year, provided, that the period shall not apply if the validity of
the claim requires the resolution of issues of facts and/or law by another office, body or agency.

❖ Failure of depositor to claim insured deposits: Unless otherwise waived by the PDIC, if the depositor in the
closed bank shall fail to claim his insured deposits with PDIC within 2 years from actual takeover of the closed
bank by the receiver, or does not enforce his claim filed with PDIC within 2 years after the 2-year period to file
a claim, all rights of the depositor against the PDIC with respect to the insured deposit shall be barred,
however, all rights of the depositor against the closed bank and its shareholders or the receivership estate to
which PDIC may have become subrogated, shall thereupon revert to the depositor. Thereafter, PDIC shall be
discharged from any liability on the insured deposit.

❖ PDIC’s regulatory oversight:

1. Conduct of special bank examinations
2. Determination of products eligible for deposit insurance
3. Examination of deposit accounts of ailing banks: In the event that there is a finding of unsafe and unsound
banking practice, PDIC is authorized to examine deposits, as an exemption from Bank Secrecy Law

❖ Splitting of deposits: occurs whenever a deposit account with an outstanding balance of more than the
statutory maximum amount of insured deposit maintained under the name of natural or juridical persons is
broken down and transferred into 2 or more accounts in the name/s of natural or juridical persons or entities
who have no beneficial ownership on transferred deposits in their names within 120 days immediately
preceding or during a bank declared bank holiday or immediately preceding a closure order issued by the MB
of BSP for the purpose of availing of the maximum deposit insurance coverage; prohibited; punishable by
imprisonment of not less than 6 years but not more than 12 years or a fine not less than P50,000 but not more
than P10,000,000, or both, at the discretion of the court.

❖ Injunction: No court, except the CA, shall issue any TRO, preliminary injunction or preliminary mandatory
injunction against PDIC for any action under PDIC Act. The SC may issue a restraining order or injunction when
the matter is of extreme urgency involving a constitutional issue, such that unless a TRO is issued, grave
injustice and irreparable injury will arise.

ANTI-MONEY LAUNDERING ACT (RA 9160, AS AMENDED)

❖ Policy: 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 whenever committed.

❖ Money Laundering: a crime whereby the proceeds of an unlawful activity are transacted, thereby making
them appear to have originated from legitimate sources

❖ How committed:
1. Any person knowing that any monetary instrument or property represents, involves or relates to, the proceeds
of any unlawful activity:
a. Transacts said money 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 (a), (b) or (c);
e. Aids, abets, assists in or counsels the commission of the money laundering offenses referred to in (a),
(b) or (c); and
f. performs or fails to perform any act as a result of which he facilitates the offense of money laundering
referred to in (a), (b) or (c).
2. Any person knowing thata covered or suspicious is required to be reported to the AMLC, fails to do so
❖ Prosecution: Any person may be charged with and convicted of both the offense of money laundering and the
unlawful activity. The prosecution of any offense under AMLA shall proceed independently of any proceeding
relating to the unlawful activity.

❖ Covered Transaction: a transaction in cash or other equivalent monetary instrument involving a total amount
in excess of P500,000.00 within one banking day; for covered persons like casinos, a single casino cash
transaction (involving the receipt of cash by a casino paid by or behalf of a customer or payout of cash by a
casino to a customer or to any person in his/her behalf) involving an amount in excess of P5,000,000 or its
equivalent in any other currency

❖ Covered Persons: (natural or juridical)

1. Banks, non-banks, quasi-banks, trust entities, foreign exchange dealers, pawnshops, money changers,
remittance and transfer companies and other similar entities and other similar entities and all other persons
and their subsidiaries and affiliates supervised or regulated by the BSP;
2. Insurance companies, pre-need companies and other persons supervised or regulated by the Insurance
Commission;
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 and regulated by SEC;
4. Jewelry dealers in precious stones, who, as a business, trade in precious stones, for transactions in excess of
P1,000,000;
5. Jewelry dealers in precious metals, who, as a business, trade in precious metals, for transactions in excess of
P1,000,000;
6. Company service provides 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;
7. Persons who provide any of the following services:
a. Managing of client money, securities or other assets;
b. Management of bank, savings or security accounts;
c. Organization of contributions for the creation, operation or management of companies; and
d. Creation, operation or management of juridical persons or arrangements, and buying and selling
business entities.
8. Casinos, including internet and ship-based casinos, with respect to their casino cash transactions related to
their gaming operations

❖ Excluded Persons: 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

❖ Obligations of covered institutions:

1. Customer identification: Covered persons shall establish and record the true identity of its clients based on
official documents.
2. Record keeping: All records of all transactions of covered institutions shall be maintained and safely stored for
5 years from the date of transactions.
3. Reporting of covered and suspicious transactions: Covered persons shall report to the AMLC all covered
transactions and suspicious transactions within 5 working days from occurrence thereof, unless the AMLC
concerned prescribes a different period not exceeding 15 working days.
4. Should a transaction be determined to be both a covered and a suspicious transaction, it shall be reported as a
suspicious transaction.
5. When reporting, it shall not be considered a violation of bank secrecy laws and similar laws. It shall be
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 content thereof, or any other information in
relation thereto.
6. Safe Harbor: No administrative, criminal, or civil proceedings, shall lie against any person for having made a
transaction report in the regular performance of his duties and in good faith, whether or not such results in any
criminal prosecution under Philippine laws.

❖ Suspicious Transaction: transactions with covered institutions, regardless of the amount 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 circumstances 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 institution
6. The transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is
being or has been committed
7. Any transaction that is similar or analogous to any of the foregoing

❖ Unlawful activities: Any act or omission or series or combination thereof involving or having relation to the
following:
1. Kidnapping for ransom under Article 267 of RPC
2. Sections 4, 5, 7, 8, 9, 10, 12, 13, 14, 15 and 16 of Comprehensive Dangerous Drugs Act (RA 9165)
a. Importation of prohibited drugs
b. Sale of prohibited drugs
c. Administration of prohibited drugs
d. Distribution of prohibited drugs
e. Transportation of prohibited drugs
f. Maintenance of a den, dive, or resort for prohibited users
g. Manufacture of prohibited drugs
h. Possession of prohibited drugs
i. Use of prohibited drugs
j. Cultivation of plants which are sources of prohibited drugs
k. Culture of plants which are sources of prohibited drugs
3. Section 3, paragraphs B, C E, G, H and I of RA 3019
a. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself
or for any other person in connection with contract or transaction between the Government and any
party, wherein the public officer in his official capacity has to intervene under the law
b. Directly or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit,
for himself or for another, from any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any government permit or license, in consideration for
the help given or to be given
c. Causing any undue injury to any party, including the government, or giving any private party any
unwarranted benefits, advantage, or preference in the discharge of his official, administrative, or
judicial functions through manifest partiality, evident bad faith, or gross inexcusable negligence
d. Entering, on behalf of the government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby
e. Directly or indirectly having financial or pecuniary interest in any business contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited
by the Constitution or by any law from having any interest
f. Directly or indirectly becoming interested, for personal gain, or having material interest in any
transaction or act requiring the approval of a board, panel, or group of which he is a member, and
which exercise of discretion in such approval, even if he votes against the same or he does not
participate in the action of the board, committee, panel, group
4. Plunder under RA 7080
5. Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of RPC
a. Robbery with violence or intimidation of persons
b. Robbery with physical injuries, committed in an uninhabited place and by a band, or with use of
firearms on a street, road, or alley
c. Robbery in an uninhabited house or public building or edifice devoted to worship
6. Jueteng and masiao under PD 1602
7. Piracy on the high seas under RPC and PD 532
a. Piracy on the high seas
b. Piracy in inland Philippine waters
c. Aiding and abetting pirates and brigands
8. Qualified theft under Article 310 of RPC
9. Swindling under Article 315 of RPC
10. Smuggling under RA 455 and RA 1937
11. Violations of Electronic Commerce Act (RA 8792)
12. Hijacking and other violations under RA 6235
13. Destructive arson and murder as defined under RPC
14. Terrorism and conspiracy to commit terrorism under Sections 3 and 4 of RA 9372
15. Financing terrorism under Section 4 and offenses punishable under Sections 5, 6, 7, and 8 of RA 10168
16. Bribery under Articles 210, 211 and 211-A of RPC and corruption of public officers under Article 212 of RPC
17. Frauds and illegal exactions and transactions under Articles 213, 214, 215 and 216 of RPC
18. Malversation of public funds and property under Articles 217 and 222 of RPC
 19. Forgeries and counterfeiting under Articles 163, 166, 167, 168, 169 and 176 of RPC
20. Violations of Sections 4, 5 and 6 of RA 9208 (Anti-Trafficking in Persons Act)
21. Violations of Sections 86 to 106 of Chapter VI of RA 8550 (Philippine Fisheries Code)
22. Violations of Sections 101 to 107 and 110 of RA 7942 (Philippine Mining Act)
23. Violations of Section 27(c), (e), (f), (g) and (i) of RA 9147 (Wildlife Resources Conservation and Protection Act)
24. Violation of Section 7(b) of RA 9072 (National Caves and Cave Resources Management Protection Act)
25. Violation of RA 6539 (Anti-Carnapping Act)
26. Violations of Section 1, 3 and 5 of PD 1866 (Illegal/Unlawful Possession of Firearms and Explosives)
27. Violation of PD 1612 (Anti-Fencing Law)
28. Violation of Section 6 of RA 8042 (Migrant Workers Act)
29. Violation of RA 8293 (Intellectual Property Code)
30. Violation of Section 4 of RA 9995 (Anti-Photo and Video Voyeurism Act)
31. Violation of Section 4 of RA 9775 (Anti-Child Pornography Act)
32. Violations of Sections 5, 6, 7, 8, 9, 10(c), (d) and €, 11, 12 and 14 of RA 7610 (Special Protection of Children)
33. Fraudulent practices and other violations under RA 8799 (Securities Regulation Code)
34. Felonies or offenses of a similar nature that are punishable under the penal laws of other countries

❖ Jurisdiction:
1. Regional Trial Court: all cases on money laundering
2. Sandiganbayan: if committed by public officers and private persons who are in conspiracy with such public
officers

❖ AMLC: composed of:

1. Chairman: BSP Governor
2. Members:
a. Commissioner of Insurance Commission
b. Chairman of SEC
Note: It shall act unanimously in discharging its functions.

❖ Functions of AMLC:
1. To require and receive covered 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 any monetary instrument or property subject of a covered 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, whenever 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 OSG
4. To cause the filing of complaints with the DOJ or Ombudsman for the prosecution of money laundering offenses
5. To initiate investigations of covered transactions, money laundering activities and other violations of RA 9160
6. To freeze any monetary instrument or property alleged to be proceeds of any unlawful activity
7. To implement such measures as may be necessary and justified under RA 9160 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 RA 9160
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 GOCCs, 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.
11. To impose administrative sanctions for the violation of laws, rules, regulations, orders, and resolutions issued
pursuant to law

❖ Freezing: The CA, upon application ex parte by AMLC and after determination that probable cause exists that
any monetary instrument or property is in any way related to an unlawful activity, may issue a freeze order
which shall be effective immediately (for a period of 20 days unless extended by the court upon application by
the AMLC; total period shall not exceed 6 months).

Note: Considering the intricate and diverse web of related and interlocking accounts pertaining to the
monetary instruments or properties that any person may create in the different covered institutions, their
branches and/or other units, AMLC may apply to freeze monetary instruments or properties in the names of
the reported owners/holders, and monetary instruments or properties named in the application of the AMLC,
including all other related web of accounts pertaining to other monetary instruments and properties, the funds
and sources of which originated from or are related to the monetary instruments or properties subject of the
freeze orders.
❖ Related Web of Accounts: those accounts, the funds and sources of which originated from and/or are
materially linked to the monetary instruments or properties subject of the freeze orders.

❖ Authority to inquire into bank deposits: The AMLC may inquire into deposits upon order of the court when
there is probable cause that the deposits are related to the crime or unlawful activities. However, a court order
is not even necessary when the offense or unlawful activity involved is any of the following:
1. Kidnapping for ransom under Article 267 of RPC
2. Sections 4, 5, 7, 8, 9, 10, 12, 13, 14, 15 and 16 of Comprehensive Dangerous Drugs Act (RA 9165)
3. Hijacking and other violations under RA 6235
4. Destructive arson and murder as defined under RPC
5. Felonies or offenses of a nature similar to (1), (2), (3) and (4) which are punishable under the penal laws of
other countries
6. Terrorism and conspiracy to commit terrorism under RA 9372
7. Financing terrorism under Section 4 and offenses punishable under Sections 5, 6, 7, and 8 of RA 10168

Inquiry into deposits may be availed of even in the absence of a pre-existing criminal case under the same law.
However, the order authorizing bank inquiry cannot be issued ex parte.

❖ Authority to institute civil forfeiture proceedings: The AMLC is authorized to institute civil forfeiture
proceedings and all other remedial proceedings through the Office of the Solicitor General, upon determination
that probable cause exists that any monetary instrument or property is in any way related to an unlawful
activity or a money laundering offense.