REMEDIAL 2. Respondent's failure to appear despite proper notice - The court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. NOTE: The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made, | Legal Separation Cases In cases of legal separation, where violence as specified in the Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible he hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in the Act. (Sec. 19, RA 9262) LOMO Violation of Protection Orders a. Violation of BPO ~ The complaint must be filed directly with any ‘municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. (Sec. 21, RA 9262) It shall be punishable by imprisonment of 30 days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. (Sec. 21, RA 9262) ‘A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application. (Sec. 21, RA 9262) b. Violation of TPO or PPO - Shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. (Sec. 21, RA 9262) UNIVERSITY OFSANTOTOMAS 222 2021 GoLbeN NotesLaw Administrative liability of the official or judge Failure of the official or judge to act on an application for a protection order within the reglementary period without justifiable cause shall render him or her administratively liable. (Sec. 18, RA 9262) ANTI-MONEY LAUNDERING ACT TaD Who issues After the amendment of RA. No. 9160 by R.A. 9194, it is now the CA, upon application ex parte by the Anti-Money Laundering Council, and after the determination that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity, which may issue a freeze order. (Sec. 10, RA. 9194) Effectivity The Freeze Order shall be effective immediately, for a period of 20 days. NOTE: Within the 20-day period, the CA 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 6 months. (Sec.10, RA 9160 as amended) 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 6 months, the freeze order shall be deemed ipso facto lifted. (Sec.10, RA 9160 as amended) ‘Scope of Application The freeze order or asset preservation order issued under the AMLA 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. (Ibid.) Duty of covered institution upon receipt of notice of the freeze order 1, Immediately freeze the monetary instrument or property and related web of accountsCIVIL F subject thereof (Rule 10.3.0, Revised IRR of RA 9160 as amended); 3. Immediately furnish a copy of the notice of the freeze order upon the owner or holder of the monetary instrument or property or related web of accounts subject thereof (Ibid.) 4, Submit, to the CA and the AMLC, by personal delivery, within 24 hours from receipt of the freeze order, a detailed written return on the freeze order, specifying all the pertinent and relevant information which shall include the following: a. account number(s); b, name(s) of the account owner(s) or holder(s);, © amount of the monetary instrument, property or related web of accounts as of the time they were frozen; 4. all relevant information as to the nature of the monetary instrument or property; e. any information on the related web of accounts pertaining to the monetary instrument or property subject of the freeze order; and f. time when the freeze thereon took effect. Prohibition against issuance of freeze orders against candidates for an electoral office during 1 i No assets shall be frozen to the prejudice of a candidate for an electoral office during an election period. (Rule 10.6, Revised IRR of RA 9160 as amended) AUTHORITY TO INQUIRE INTO BANK D 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 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(1) or a money laundering offense under Section 4. NOTE: The bank inquiry order is not violative of the right to due process. RA. 9160 provides safeguards before a bank inquiry order is issued, ensuring adherence to the general state policy of preserving the absolutely confidential nature of Philippine bank accounts. (Subido Pagente Certeza Mendoza and Binay Law Offices vs CA, GR. No. 216914, December 6, 2016)?ROCEDURE 223 Elements 1. Ex-parte application by the AMLC; 2. Determination of probable cause by the CA; and Exception of court order in cases involving unlawful activities. (Subido Pagente Certeza Mendoza and Binay Law Offices vs CA, G.R. No. 216914, December 6, 2016) 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 under Section 4 of the AMLA, 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 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 forfeitures. (Rule 12.3, Revised IRR of RA 9160 as amended) FINANCIAL REHABILITATION AND INSOLVENCY ACT ‘Stay or Suspension Order The commencement order in rehabilitation proceedings includes a stay or suspension order which shall: 1, suspend all actions or proceedings, in court or otherwise, for the enforcement of claims against the debtor; 2. suspend all actions to enforce any judgment, attachment or other provisional remedies against the debtor; 4, prohibit the debtor from selling, encumbering, transferring or disposing in any manner any of its properties except in the ordinary course of business; and 5. prohibit the debtor from making any payment of its liabilities outstanding as of the commencement date except as may be provided herein. (Section 16, R.A. 10142) Exceptions to Stay or Suspension Order The Stay or Suspension Order shall not apply: UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL Law