IMPLEMENTING RULES AND REGULATIONS

REPUBLIC ACT NO. 9160 March 8, 2002

ANTI-MONEY LAUNDERING ACT OF 2001

RULE 14
Penal Provisions

Rule 14.1. Penalties for the Crime of Money Laundering.

Rule 14.1.a. Penalties under Section 4 (a) of the AMLA. – The penalty of imprisonment ranging from seven (7)
to fourteen (14) years and a fine of not less than Three Million Philippine Pesos (Php3,000,000.00) but not more
than twice the value of the monetary instrument or property involved in the offense, shall be imposed upon a
person convicted under Section 4 (a) of the AMLA.

Rule 14.1.b. Penalties under section 4 (b) of the AMLA. – The penalty of imprisonment from four (4) to seven
(7) years and a fine of not less than One Million Five Hundred Thousand Philippine Pesos (Php1,500,000.00) but
not more than Three Million Philippine Pesos (Php3,000,000.00), shall be imposed upon a person convicted
under Section 4 (b) of the AMLA.

Rule 14.1.c. Penalties under Section 4 (c) of the AMLA. – The penalty of imprisonment from six (6) months to
four (4) years or a fine of not less than One Hundred Thousand Philippine Pesos (Php100,000.00) but not more
than Five Hundred Thousand Philippine Pesos (Php500,000.00), or both, shall be imposed on a person convicted
under Section 4 (c) of the AMLA.

Rule 14.2. Penalties for Failure to Keep Records under Section 9 (b) of the AMLA. – The penalty of
imprisonment from six (6) months to one (1) year or a fine of not less than One Hundred Thousand Philippine
Pesos (Php100,000.00) but not more than Five Hundred Thousand Philippine Pesos (Php500,000.00), or both,
shall be imposed on a person convicted under Section 9 (b) of the AMLA.

Rule 14.3. Penalties for Malicious Reporting. – Any person who, with malice, or in bad faith, reports or files a
completely unwarranted or false information relative to money laundering transaction against any person shall be
subject to a penalty of six (6) months to four (4) years imprisonment and a fine of not less than One Hundred
Thousand Philippine Pesos (Php100,000.00) but not more than Five Hundred Thousand Philippine Pesos
(Php500,000.00), at the discretion of the court: Provided, That the offender is not entitled to avail the benefits of
the Probation Law.

Rule 14.4. Where Offender is a Juridical Person. – If the offender is a corporation, association, partnership or
any juridical person, the penalty shall be imposed upon the responsible officers, as the case may be, who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission. If the offender is a juridical person, the court may suspend or revoke its license. If the offender is an
alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings after
serving the penalties herein prescribed. If the offender is a public official or employee, he shall, in addition to the
penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may
be.

Rule 14.5. Refusal by a Public Official or Employee to Testify. – Any public official or employee who is called
upon the testify and refuses to do the same or purposely fails to testify shall suffer the same penalties prescribed
herein.

Rule 14.6. Penalties for Breach of Confidentiality. – The punishment of imprisonment ranging from three (3) to
eight (8) years and a fine of not less than Five Hundred Thousand Philippine Pesos (Php500,000.00) but not more
than One Million Philippine Pesos (Php1,000,000.00), shall be imposed on a person convicted for a violation
under Section 9(c) of the AMLA.

PRESIDENTIAL DECREE No. 115 January 29, 1973

 PROVIDING FOR THE REGULATION OF TRUST RECEIPTS TRANSACTIONS

Section 13. Penalty clause. The failure of an entrustee to turn over the proceeds of the sale of the goods,
documents or instruments covered by a trust receipt to the extent of the amount owing to the entruster or as
appears in the trust receipt or to return said goods, documents or instruments if they were not sold or disposed of
in accordance with the terms of the trust receipt shall constitute the crime of estafa, punishable under the
provisions of Article Three hundred and fifteen, paragraph one (b) of Act Numbered Three thousand eight
hundred and fifteen, as amended, otherwise known as the Revised Penal Code. If the violation or offense is
committed by a corporation, partnership, association or other juridical entities, the penalty provided for in this
Decree shall be imposed upon the directors, officers, employees or other officials or persons therein responsible
for the offense, without prejudice to the civil liabilities arising from the criminal offense.

Revised Penal Code, Book Two:

Chapter Six
SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned
hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the
amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter
sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each
additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases,
and in connection with the accessory penalties which may be imposed under the provisions of this Code, the
penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over
6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such
amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the
four cases mentioned, the fraud be committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall
deliver by virtue of an obligation to do so, even though such obligation be based on an immoral
or illegal consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other
personal property received by the offender in trust or on commission, or for administration, or
under any other obligation involving the duty to make delivery of or to return the same, even
though such obligation be totally or partially guaranteed by a bond; or by denying having
received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank, and by writing
any document above such signature in blank, to the prejudice of the offended party or of any
third person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar
deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or business.\

(c) By pretending to have bribed any Government employee, without prejudice to the action for
calumny which the offended party may deem proper to bring against the offender. In this case,
the offender shall be punished by the maximum period of the penalty.
 (d) [By post-dating a check, or issuing a check in payment of an obligation when the offender
therein were not sufficient to cover the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check within three (3) days from receipt of
notice from the bank and/or the payee or holder that said check has been dishonored for lack of
insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]

(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying therefor, with intent to
defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant,
boarding house, lodging house, or apartment house by the use of any false pretense, or by
abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food, refreshment or
accommodation therein without paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game. (c) By
removing, concealing or destroying, in whole or in part, any court record, office files, document
or any other papers.

ARTICLE III

Bill of Rights

SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

Art. 44, NCC

CHAPTER 3
JURIDICAL PERSONS

Art. 44. The following are juridical persons:

(1) The State and its political subdivisions;

(2) Other corporations, institutions and entities for public interest or purpose, created by law; their
personality begins as soon as they have been constituted according to law;

(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a
juridical personality, separate and distinct from that of each shareholder, partner or member. (35a)