Republic Act No. 10167 | Senate of the Philippines Legislative Reference Bureau

Full Title

AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE PURPOSE SECTIONS 10 AND 11 OF REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF 2001", AS AMENDED, AND FOR OTHER PURPOSES

Digital Resource

View PDF file as uploaded in Senate website

Congress

15th Congress of the Republic

Senate Bill

S. No. 3009

SBN-3009 (PER CTTE. RPT. NO.80)

House Bill Text as Filed

House Bill

H. No. 4275

Legislative History

View Legislative History in Senate website

Floor Activity

View Floor Activity in Senate website

Committee Report Senate Link

View Committee Report

View PDF link of Committee Report no. 80

Date of Approval

June 18, 2012

Legislative History

Entitled:

AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE PURPOSE SECTIONS 10 AND 11 OF REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE 'ANTI-MONEY LAUNDERING ACT OF 2001', AS AMENDED, AND FOR OTHER PURPOSES

[ SECOND REGULAR SESSION, 15TH CONGRESS ]

[ 2011 ]

11/14/2011 Prepared and submitted jointly by the Committee(s) on BANKS, FINANCIAL INSTITUTIONS AND CURRENCIES, JUSTICE AND HUMAN RIGHTS, and PUBLIC ORDER AND DANGEROUS DRUGS,with Senators SERGIO R. OSMENA III, PANFILO M. LACSON, MIRIAM DEFENSOR SANTIAGO, MANNY B. VILLAR, TEOFISTO "TG" GUINGONA III, FRANCIS "CHIZ" G. ESCUDERO and GREGORIO B. HONASAN II, per Committee Report No. 80, recommending its approval in substitution of SBNos.2484 and 2783, taking into consideration SRNos. 82 and 461;

11/17/2011 Committee Report Calendared for Ordinary Business;

11/17/2011 Sponsors: Senator(s) SERGIO R. OSMENA III, TEOFISTO "TG" GUINGONA III;

12/6/2011 Transferred from the Calendar for Ordinary Business to the Calendar for Special Order;

12/6/2011 Sponsorship speech of Senator TEOFISTO "TG" GUINGONA III;

12/6/2011 Co-sponsorship speech of Senator FRANKLIN M. DRILON;

[ 2012 ]

2/8/2012 Interpellation of Senator(s) VICENTE C. SOTTO III, PANFILO M. LACSON and PIA S. CAYETANO;

2/21/2012 Certified by the President of the Philippines for its IMMEDIATE enactment on 02/10/2012;

2/22/2012 Manifestation of Senator GUINGONA III re the letter of the Bangko Sentral ng Pilipinas on the issue of AMLACs involvement raised at the impeachment hearing;

2/22/2012 Interpellation of Senator(s) JUAN PONCE ENRILE, SERGIO R. OSMENA III, FRANKLIN M. DRILON, GREGORIO B. HONASAN II and AQUILINO KOKO III L. PIMENTEL;

2/22/2012 Remarks of Senator(s) LOREN B. LEGARDA, PANFILO M. LACSON, EDGARDO J. ANGARA and VICENTE C. SOTTO III;

2/22/2012 The letter of the BSP referred to the Committee on Banks, Financial Institutions and Currencies;

3/6/2012 Interpellation of Senator MIRIAM DEFENSOR SANTIAGO;

3/20/2012 Interpellation of Senator VICENTE C. SOTTO III;

3/21/2012 Interpellation of Senator(s) JOKER P. ARROYO and JUAN PONCE ENRILE;

5/8/2012 Interpellation of Senator(s) VICENTE C. SOTTO III and AQUILINO KOKO III L. PIMENTEL;

5/8/2012 Remarks of Senator FRANKLIN M. DRILON;

5/9/2012 Manifestation of Senator(s) Sotto III, Osmena III and Drilon;

5/9/2012 Period of interpellation closed;

5/16/2012 Period of committee amendments closed;

5/16/2012 Period of individual amendments;

5/16/2012 Inquiry of Senator(s) JOKER P. ARROYO, VICENTE C. SOTTO III, PANFILO M. LACSON and SERGIO R. OSMENA III;

5/22/2012 Inquiry of Senator(s) JOKER P. ARROYO and PIA S. CAYETANO;

5/22/2012 Period of individual amendments;

6/4/2012 Period of individual amendments;

6/4/2012 Period of individual amendments closed;

6/4/2012 Approved on Second Reading with Amendments;

6/5/2012 Printed copies were distributed to the Senators;

6/5/2012 Approved on Third Reading;

6/5/2012 In favor: (19) EDGARDO J. ANGARA, ALAN PETER COMPANERO S. CAYETANO, PIA S. CAYETANO, MIRIAM DEFENSOR SANTIAGO, FRANKLIN M. DRILON, JINGGOY P. EJERCITO-ESTRADA, JUAN PONCE ENRILE, TEOFISTO "TG" GUINGONA III, GREGORIO B. HONASAN II, PANFILO M. LACSON, MANUEL "LITO" M. LAPID, LOREN B. LEGARDA, FERDINAND "BONGBONG" R. MARCOS, SERGIO R. OSMENA III, FRANCIS N. PANGILINAN, AQUILINO KOKO III L. PIMENTEL, RALPH G. RECTO, RAMON A. REVILLA JR. and VICENTE C. SOTTO III;

6/5/2012 Against: N o n e;

6/5/2012 Abstention: N o n e;

6/5/2012 Senate requested the House of Representatives for a conference on the disagreeing provisions of SBN-3009 and HBN-4275, designating Senators Guingona III, Osmena III, Drilon, Lacson, Pangilinan, Arroyo and Marcos as its conferees to the Bicameral Conference Committee;

6/5/2012 House of Representatives agreed to a conference on the disagreeing provisions of SBN-3009 and HBN-4275, and designated Representatives Apostol, Rodriguez (R.), Golez, Defensor Jr., and Suarez, as its conferees to the Bicameral Conference Committee;(See: O.B. dated August 6, 2012);

6/6/2012 Conference Committee Report submitted to the Senate, recommending that SBN-3009 in consolidation with HBN-4275, be approved as reconciled;

6/6/2012 Sponsorship speech on the conference committee report of Senator TEOFISTO "TG" GUINGONA III;

6/6/2012 Conference Committee Report Approved by the Senate;

6/6/2012 Conference Committee Report Approved by the House of Representatives;

6/14/2012 Enrolled copies of the consolidated version of SBN-3009 and HBN-4275 sent to the House of Representatives for the signature of the Speaker and the Secretary General;

6/4/2012 Conducted JOINT COMMITTEE MEETINGS/HEARINGS;

6/15/2012 Enrolled copies of the consolidated version of SBN-3009 and HBN-4275, received by the Senate already signed by the Speaker and the Secretary General of the House of Representatives;

6/15/2012 Enrolled copies of the consolidated version of SBN-3009 and HBN-4275, sent to the Office of the President of the Philippines, for the signature and approval of His Excellency, President Benigno S. Aquino III;

6/18/2012 Approved and signed into law by the President of the Philippines, His Excellency President Benigno S. Aquino III, and became (See: O.B. dated August 6, 2012);

6/18/2012 REPUBLIC ACT NO. 10167.

Committees

Committee Report No.

Committee Referral

View Committee Referral in Senate website

Other Details

Issuance Category

Legislative Issuance

Legislative Issuance Type

Republic Act

Bill Note

Senate Bill First in Billing

Approval Note

Approved by the President on June 18, 2012 Origin: Senate

Subjects

Money laundering -- Prevention

Money Laundering

BANK ACCOUNTS

ANTI-MONEY LAUNDERING ACT OF 2001

PROPERTY

Anti-Money Laundering Law -- Improvement

Anti-Money Laundering Council (AMLC)

Major Topic

Public Accountability

Amendment Note

RA 9160, secs. 10 & 11

Amends Note

Republic Act No. 9160

Related to Note

the Constitution, art. III, secs. 2 & 3, s1987

RA 9372

RA 8791

RA 6426

RA 1405

Link From Other Sources

URL (Senate)

PDF link from senate.gov.ph

URL (Congress)

http://congress.gov.ph/download/ra_15/RA10167.pdf

URL (Supreme Court)

Supreme Court link to the resource

Official Gazette

Official Gazette Source

Official Gazette vol. 108 no. 34 page 4258 (August 20, 2012)

Newspaper Source Detail

Newspaper Source

Manila Bulletin (June 21, 2012)

Full Text of Issuance

Click to view full text

S. No. 3009 H.No. 4275; 108 OG No. 34, 4258 (August 20, 2012); Manila Bulletin; Philippine Daily Inquirer, June 21, 2012

[ REPUBLIC ACT NO. 10167, June 06, 2012 ]

AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE PURPOSE SECTIONS 10 AND 11 OF REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001″, AS AMENDED, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 10 of Republic Act No. 9160, as amended, is hereby amended to read as follows:

“SEC. 10. Freezing of Monetary Instrument or Property. – Upon verified ex parte petition by the AMLC and after determination that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity as defined in Section 3(i) hereof, the Court of Appeals may issue a freeze order, which shall be effective immediately. The freeze order shall be for a period of twenty (20) days unless extended by the court. In any case, the court should act on the petition to freeze within twenty-four (24) hours from filing of the petition. If the application is filed a day before a nonworking day, the computation of the twenty-four (24)-hour period shall exclude the nonworking days.”

“A person whose account has been frozen may file a motion to lift the freeze order and the court must resolve this motion before the expiration of the twenty (20)-day original freeze order.”

“No court shall issue a temporary restraining order or a writ of injunction against any freeze order, except the Supreme Court.”

SEC. 2. Section 11 of the same Act is hereby amended to read as follows:

“SEC. 11. Authority to Inquire into Bank Deposits. – Notwithstanding the provisions of Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791; and other laws, 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 in cases of violations of this Act, 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(i) hereof or a money laundering offense under Section 4 hereof; except that no court order shall be required in cases involving activities defined in Section 3(i)(1), (2), and (12) hereof, and felonies or offenses of a nature similar to those mentioned in Section 3(i)(1), (2), and (12), which are Punishable under the penal laws of other countries, and terrorism and conspiracy to commit terrorism as defined and penalized under Republic Act No. 9372.”

“The Court of Appeals shall act on the application to inquire into or examine any deposit or investment with any banking institution or non-bank financial institution within twenty-four (24) hours from filing of the application.”

“To ensure compliance with this Act, the Bangko Sentral ng Pilipinas may, in the course of a periodic or special examination, check the compliance of a Covered institution with the requirements of the AMLA and its implementing rules and regulations.”

“For purposes of this section, ‘related accounts’ shall refer to accounts, the funds and sources of which originated from and/or are materially linked to the monetary instrument(s) or property(ies) subject of the freeze order(s).”

“A court order ex parte must first be obtained before the AMLC can inquire into these related Accounts: Provided, That the procedure for the ex parte application of the ex parte court order for the principal account shall be the same with that of the related accounts.”

“The authority to inquire into or examine the main account and the related accounts shall comply with the requirements of Article III, Sections 2 and 3 of the 1987 Constitution, which are hereby incorporated by reference.”

SEC. 3. Separability Clause. – If any provision of this Act or the application thereof to any person or circumstance is held to be void, or unconstitutional, any other provision not affected thereby shall remain in full force and effect.

SEC. 4. Repealing Clause. – All laws, decrees, executive orders, rules and regulations or parts thereof as are inconsistent with this Act are hereby repealed, amended or modified accordingly: Provided, That the penal provisions shall not apply to acts done prior to the effectivity of the AMLA on October 17, 2001 .

SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. Speaker of the House ofRepresentatives (Sgd.) JUAN PONCE ENRILE President of the Senate

This Act which is a consolidation of Senate Bill No. 3009 and House Bill No. 4275 was finally passed by the Senate and the House of Representatives on June 6, 2012 .

(Sgd.) MARILYN B. BARUA-YAP Secretary GeneralHouse of Representatives (Sgd.) EMMA LIRIO-REYESSecretary of the Senate

Approved:

(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines

Source: Supreme Court E-Library | Date created: March 29, 2019

Source: Supreme Court E-Library

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Entitled:
AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE PURPOSE SECTIONS 10 AND 11 OF REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE 'ANTI-MONEY LAUNDERING ACT OF 2001', AS AMENDED, AND FOR OTHER PURPOSES
[ SECOND REGULAR SESSION, 15TH CONGRESS ]
[ 2011 ]
11/14/2011	Prepared and submitted jointly by the Committee(s) on BANKS, FINANCIAL INSTITUTIONS AND CURRENCIES, JUSTICE AND HUMAN RIGHTS, and PUBLIC ORDER AND DANGEROUS DRUGS,with Senators SERGIO R. OSMENA III, PANFILO M. LACSON, MIRIAM DEFENSOR SANTIAGO, MANNY B. VILLAR, TEOFISTO "TG" GUINGONA III, FRANCIS "CHIZ" G. ESCUDERO and GREGORIO B. HONASAN II, per Committee Report No. 80, recommending its approval in substitution of SBNos.2484 and 2783, taking into consideration SRNos. 82 and 461;
11/17/2011	Committee Report Calendared for Ordinary Business;
11/17/2011	Sponsors: Senator(s) SERGIO R. OSMENA III, TEOFISTO "TG" GUINGONA III;
12/6/2011	Transferred from the Calendar for Ordinary Business to the Calendar for Special Order;
12/6/2011	Sponsorship speech of Senator TEOFISTO "TG" GUINGONA III;
12/6/2011	Co-sponsorship speech of Senator FRANKLIN M. DRILON;
[ 2012 ]
2/8/2012	Interpellation of Senator(s) VICENTE C. SOTTO III, PANFILO M. LACSON and PIA S. CAYETANO;
2/21/2012	Certified by the President of the Philippines for its IMMEDIATE enactment on 02/10/2012;
2/22/2012	Manifestation of Senator GUINGONA III re the letter of the Bangko Sentral ng Pilipinas on the issue of AMLACs involvement raised at the impeachment hearing;
2/22/2012	Interpellation of Senator(s) JUAN PONCE ENRILE, SERGIO R. OSMENA III, FRANKLIN M. DRILON, GREGORIO B. HONASAN II and AQUILINO KOKO III L. PIMENTEL;
2/22/2012	Remarks of Senator(s) LOREN B. LEGARDA, PANFILO M. LACSON, EDGARDO J. ANGARA and VICENTE C. SOTTO III;
2/22/2012	The letter of the BSP referred to the Committee on Banks, Financial Institutions and Currencies;
3/6/2012	Interpellation of Senator MIRIAM DEFENSOR SANTIAGO;
3/20/2012	Interpellation of Senator VICENTE C. SOTTO III;
3/21/2012	Interpellation of Senator(s) JOKER P. ARROYO and JUAN PONCE ENRILE;
5/8/2012	Interpellation of Senator(s) VICENTE C. SOTTO III and AQUILINO KOKO III L. PIMENTEL;
5/8/2012	Remarks of Senator FRANKLIN M. DRILON;
5/9/2012	Manifestation of Senator(s) Sotto III, Osmena III and Drilon;
5/9/2012	Period of interpellation closed;
5/16/2012	Period of committee amendments closed;
5/16/2012	Period of individual amendments;
5/16/2012	Inquiry of Senator(s) JOKER P. ARROYO, VICENTE C. SOTTO III, PANFILO M. LACSON and SERGIO R. OSMENA III;
5/22/2012	Inquiry of Senator(s) JOKER P. ARROYO and PIA S. CAYETANO;
5/22/2012	Period of individual amendments;
6/4/2012	Period of individual amendments;
6/4/2012	Period of individual amendments closed;
6/4/2012	Approved on Second Reading with Amendments;
6/5/2012	Printed copies were distributed to the Senators;
6/5/2012	Approved on Third Reading;
6/5/2012	In favor: (19) EDGARDO J. ANGARA, ALAN PETER COMPANERO S. CAYETANO, PIA S. CAYETANO, MIRIAM DEFENSOR SANTIAGO, FRANKLIN M. DRILON, JINGGOY P. EJERCITO-ESTRADA, JUAN PONCE ENRILE, TEOFISTO "TG" GUINGONA III, GREGORIO B. HONASAN II, PANFILO M. LACSON, MANUEL "LITO" M. LAPID, LOREN B. LEGARDA, FERDINAND "BONGBONG" R. MARCOS, SERGIO R. OSMENA III, FRANCIS N. PANGILINAN, AQUILINO KOKO III L. PIMENTEL, RALPH G. RECTO, RAMON A. REVILLA JR. and VICENTE C. SOTTO III;
6/5/2012	Against: N o n e;
6/5/2012	Abstention: N o n e;
6/5/2012	Senate requested the House of Representatives for a conference on the disagreeing provisions of SBN-3009 and HBN-4275, designating Senators Guingona III, Osmena III, Drilon, Lacson, Pangilinan, Arroyo and Marcos as its conferees to the Bicameral Conference Committee;
6/5/2012	House of Representatives agreed to a conference on the disagreeing provisions of SBN-3009 and HBN-4275, and designated Representatives Apostol, Rodriguez (R.), Golez, Defensor Jr., and Suarez, as its conferees to the Bicameral Conference Committee;(See: O.B. dated August 6, 2012);
6/6/2012	Conference Committee Report submitted to the Senate, recommending that SBN-3009 in consolidation with HBN-4275, be approved as reconciled;
6/6/2012	Sponsorship speech on the conference committee report of Senator TEOFISTO "TG" GUINGONA III;
6/6/2012	Conference Committee Report Approved by the Senate;
6/6/2012	Conference Committee Report Approved by the House of Representatives;
6/14/2012	Enrolled copies of the consolidated version of SBN-3009 and HBN-4275 sent to the House of Representatives for the signature of the Speaker and the Secretary General;
6/4/2012	Conducted JOINT COMMITTEE MEETINGS/HEARINGS;
6/15/2012	Enrolled copies of the consolidated version of SBN-3009 and HBN-4275, received by the Senate already signed by the Speaker and the Secretary General of the House of Representatives;
6/15/2012	Enrolled copies of the consolidated version of SBN-3009 and HBN-4275, sent to the Office of the President of the Philippines, for the signature and approval of His Excellency, President Benigno S. Aquino III;
6/18/2012	Approved and signed into law by the President of the Philippines, His Excellency President Benigno S. Aquino III, and became (See: O.B. dated August 6, 2012);
6/18/2012	REPUBLIC ACT NO. 10167.