[REPUBLIC ACT NO.

9160]
AN ACT DEFINING THE CRIME OF
MONEY LAUNDERING
SECTION 1. Short Title. — This Act shall be known as
the “Anti-Money Laundering Act of 2001.”

What is money laundering?

This word originate from Al Capone, an Italian mafia.
So Al Capone has illegal bussiness and transaction
such as prostitution, liquor slave, ganyan. These
transactions are paid in cash, so alam naman nating
delikado sa buhay pag may hawak kang madaming
pera and at the same time possible silang ma-
question ng authority.
So what they did is they put those money into a
legitimate business which is laundry shop. Kaya jan
din talaga galing yung term na Money Laundering.
And at the same time it is also very fit kasi ang
meaning talaga ng Money Laundering in the simplies
words:
- activities intended to disguise the origins of the
proceeds of the crime through process that
transforms illegal inputs into apparently legitimate
sources.
Yung maduming pera, hinugasan mo pingamukha
mong malinis. So galing sya sa maduming
transaction, then nilinis mo, parang nilabahan mo
tapos pinagmukha mong galing sa malinis na
transaction.

Money Laundering Offense. — Money laundering is a

crime whereby the proceeds of an unlawful activity
are transacted, thereby making them appear to have
originated from legitimate sources.
Purpose of Money Laundering
- To protect and preserve the integrity and
confidentiality of bank accounts and ensure that the
Philippines shall not be used as a money laundering
site for the proceeds of any unlawful activity.
integrity and confidentiality of bank accounts -
related kasi yung banking laws natin sa AMLA. Yun
ang purpose ng AMLA, para hindi tayo pamugaran o
magiing safe haven ng mga money launderers.

MONEY LAUNDERING DEFINED

- committed by any person who, knowing that any
monetary instrument or property represents, involves
or relates to the proceeds of any unlawful activity:
(PUTA-CA)
- Knowing, dapat may knowledge yung magcocommit
ng crime na to, hindi pwedeng hindi sya aware na nag
ttransact sya ng monetary instrument or property na
involve pala sa money laundering.
- The law proceeds to enumerate different ways to
commit money laundering (Pneumonics: PUTA CA)

(a) Transacts said monetary instrument or property

Kapag nag transact ka daw ng monetary instrument
na yun or property na involve sa unlawful activity,
money launderer ka na non
(b) converts, transfers, disposes of, moves, acquires,
possess or Uses (UP-MD-CAT) said monetary
instrument or property;
so if you committed any of these acts you are also a
money launderer
(c) Conceals or disguises the true nature, source,
location, disposition, movement or ownership of or
rights with respect to said monetary instrument or
property;
Tinago mo yung talagang pinagmulan non, nag
disguise ka - yan, you are also committing money
laundering
(d) Attempts or conspires to commit money
laundering offenses referred to in paragpraphs a, b, or
c;
Kahit attempt pa lang, pwede ka ng parusahan ng
batas na to, or nakipag conspire ka. Ang ibig-sabihin
ng conspire, when 2 or more people agree to perform
a specific act and proceed to commit it.
(e) Aids, abets, assists in or counsels the commission
of the money laundering offenses referred in a
paragraphs a, b, c above; and
Kahit tumulong ka lang, hindi ka naman kasama sa
original na nag plano ng money laundering pero
tumulong o nag assist ka, then you are also
committing Money Laundering.
(f) Performs or fails to perform any act as a result of
which he facilitates the offense of money laundering
referred to in paragraphs a, b, c above.
Halimbawa employee ka sa banko, meron kayong
protocol o pino-provide ang bank enable to confirm, or
in order to verify, the identity of an account holder.
Kasi may sinusunod talagang process ang mga banko
to make sure na talagang legitimate yung
ginagawang deposit or whatsoever, tas hindi mo yun
sinunod and as a result of that nagkaroon ng Money
Laundering, then you are also liable. Para syang
negligence.

Money laundering is also committed by any covered

person who, knowing that a covered or suspicious
transaction is required under this Act to be reported
to the Anti-Money Laundering Council (AMLC), fails to
do so.
So ito naman yung reporting requirement, tapos hindi
nya nireport. So kapag hindi ka pala nag report, you
are alrady committing Money Laundering. So hindi
sya yung typical na kapag hindi mo nagawa ng
maayos yung trabaho mo okay lang, mapapagalitan
ka lang ng boss mo. Kapag ganito, kapag involve ka
sa mga possible na maging Money Laundering, then
ayan, you are exposing yourself to a criminal liability.

So ayan, this are the ways on how to commit Money

Laundering.

MONEY LAUNDERING
- committed by any person who, knowing that any
monetary instrument or property represents, involves
or relates to the proceeds of any unlawful activity.

MONETARY INSTRUMENTS
Refers to:

(1) Coins or currency of legal tender of the

Philippines, or of any other country;
(2) Drafts, checks and notes;
(3) Securities or negotiable instruments, bonds,
commercial papers, deposit certificates, trust
certificates, custodial receipts or deposit substitute
instruments, trading others, transaction tickets and
confirmations of sale or investments and money
market instruments.
And the law proceeds to enumerate different financial
documents of the similar nature. So kasama to lahat
sa sinasabi nating Monetary Instrument, wag nyong
isipin na pera lang yung tinutukoy na Monetary
Instrument.
(4) Contracts or policies of insurance, life or non-life,
and contracts of suretyship; and
(5) Other similar instruments where title thereto
passes to another by endorsement assignment or
delivery.
MONEY LAUNDERING
- committed by any person who, knowing that any
monetary instrument or property represents, involves
or relates to the proceeds of any unlawful activity.

What are unlawful activities?

1. Kidnapping for ransom
2. Drug offenses (violation of specific provisions of
the Comprehensive Dangerous Drugs Act of 2002).
3. Graft and corrupt practices
4. Plunder
5. Robbery and extortion
6. Jueteng and masiao
7. Piracy on the high seas
8. Qualified theft
9. Swindling
10. Smuggling
11. E-commerce violations
12. Hijacking, destructive arson and murder,
including those perpetrated by terrorist against non-
combatants and similar (civilian) targets.
13. Security fraud
14. Similar offenses punishable under the penal laws
of foreign countries
15. Fraud and Illegal transactions under Article 213-
216 RPC.
16. Forgeries and counterfeiting
17. Forestry violations
18. Fisheries violations
19. Firearms violations
20. Fencing
21. Caves protection law
22. Carnapping
23. Child Abuse
24. Child Porno
25. Malversation
26. Mining laws
27. Migrant Workers and OFWs
28. Terrorism
29. Terrorism Financing
30. Wildlife protection
31. Bribery and corruption of public officers
32. Human trafficking
33. Intellectual Property law violations
34. Voyeurism

COVERED PERSON
They are part of the law coverage.
Itong mga covered person - which we will enumerate
later on - very important na malaman kasi meron
silang very important role to play, in order for the
Anti-Money Laundering Act to work. So kailangan
nilang mag-report sa Anti-Money Laundering Council
ng lahat ng covered and suspicious transaction
within 5 working days from occurrence thereof.

Report to the AMLC all covered and suspicious

transactions within five (5) working days from
occurrence thereof

And also as an introduction dito sa covered person,

kasi madami yan. Diba kailangan yan sila mag report
ng mga covered suspicious transaction, excempted
dito yung mga “lawyers” and “accountants” acting as
a n independent legal professional na nakakuha ng
informations as a result of their profession.
Halimbawa talagang personal lawyer ka, personal
accountant, and as a result of your function, you
happened to inquire into a covered or suspicious
transaction, and that relevant information is not
necessary to be reported to the AMLC kasi exempted
yun eh. Kasi meron ng priviledge between you and
the client. Eto yung tinatawag nating Professional
Secrecy. So if acting ka as a professional lawyer or
accountant to a client ay exempted ka. Pero hindi
ibig-sabihin na lawyer ka, tapos nagwowork ka sa
banko, tapos wala naman talagang lawyer-client
relationship between you and the customer,
sasabihin mo “Ah exempted ako, kasi lawyer ako”,
hindi. Its not because of the title, its because of the
function you are performing for the other person.

https://www.scribd.com/document/650459051/AMLA-
Latest-Amendments-2023-Anti-Money-Laundering-Act-
Philippines

https://lawphil.net/statutes/repacts/ra2021/
ra_11521_2021.html

Preventive Measures
Customer Identification Requirements - covered
institutions shall establish and record the true
identity of its client based on official documents.
They shall maintain a system of verifying true identity
and legal existence of their clients.

Record Keeping - all records of all transactions

including closed accounts of covered institutions
shall be maintained and safely stored for 5 years from
the dates of transactions or when they were closed.

Reporting of covered transactions - covered

institutions shall report to the AMLC all covered
transactions within 5 working days from occurrence
thereof, unless the supervising authority concerned
prescribes a longer period not exceeding 10 working
days.

Hightlights of RA 11521 Amendments to AMLA

- 2 new persons are now required to report any
suspicious transactions to the AMLC
1. Real Estate Developers & Brokers
Real estate has been used in the past to clean
up dirty money that’s why the law now requires
Real Estate Developers & Brokers to report
single cash transactions exceeding 7.5M.
When it comes to real estate there are many
ways to finance the purchase of a property, the
most common is bank financing and cash. So
this AMLA amendment covers only single cash
transactions above 7.5M.
2. Offshore Gaming Operatators (as well as their
service providers that are regulated by PAGCOR or
any government agency)
- 2 new unlawful activities under the AMLA
amendments
1. It penalizes activities that are prohibited by the
National Security Council-Strategic Management
Committee
 So its quite a mouthful but this is basically the
main forum of the president of the Philippines
considering national security and foreign policy
matters and he is aided by senior national security
advisors and cabinet officials.
2. Tax evasion
It is where basic tax due exceeds 25M
Tax evasion is an activity in which a person or a
company deliberately avoids paying a true tax
liability so those caught evading taxes are
generally subject to criminal charges and
substantial penalties.
The law also gives the AMLC the power to issue
a freeze orders to implement financial
transactions in relation to the increase of
weapons of mass destruction, terrorism, and
financing of terrorism.