2016 REVISED IMPLEMENTING RULES AND a.

Banks;
REGULATIONS
b. Non-banks;
OF REPUBLIC ACT NO. 9160, AS AMENDED
RULE III c. Quasi-banks;

DEFINITION OF TERMS d. Trust entities;

e. Pawnshops;
Pursuant to Sections 7(7) and 18 of Republic Act No.
9160, also known as the Anti-Money Laundering Act f. Non-stock savings and loan associations;
of 2001, As Amended, this Revised Implementing
Rules and Regulations (RIRR) is hereby promulgated: Rule 3. Definition of Terms. - For purposes of this g. Electronic money issuers; and
RIRR, the following terms are hereby defined as
follows: h. All other persons and their subsidiaries and
affiliates supervised or regulated by the BSP.
RULE I

TITLE A. Anti-Money Laundering Act (AMLA) refers to

Republic Act No. 9160, as amended by Republic Act For purposes of this RIRR, foreign exchange dealers,
Nos. 9194, 10167 and 10365. money changers, and remittance and transfer
companies are covered persons under the supervision
of the BSP.

B. Anti-Money Laundering Council (AMLC) refers to

the financial intelligence unit of the Republic of the
Rule 1.Title. - This RIRR shall be known as the 2016 Philippines which is the government agency tasked to 2. Persons supervised or regulated by IC, such as:
Revised Implementing Rules and Regulations of implement the AMLA.
Republic Act No. 9160, as Amended.
a. Insurance companies;
C. Supervising Authority refers to the Bangko
RULE II Sentral ng Pilipinas (BSP), the Securities and b. Pre-need companies;
Exchange Commission (SEC), the Insurance
DECLARATION OF POLICY Commission (IC), or the relevant regulatory bodies of c. Insurance agents;
the Designated Non-Financial Businesses and
d. Insurance brokers;
Professions enumerated under Rule 3.E.4, or other
government agencies designated by Law. e. Professional reinsurers;

Rule 2. Declaration of Policy. - It is hereby declared f. Reinsurance brokers;

the policy of the State to protect and preserve the D. Person refers to any natural or juridical person.
integrity and confidentiality of bank accounts and to g. Holding companies;
ensure that the Philippines shall not be used as a
money laundering site for the proceeds of any unlawful h. Holding company systems;
activity. E. Covered Persons refers to the following: i. Mutual benefit associations; and

j. All other persons and their subsidiaries and affiliates

Consistent with its foreign policy, the Philippines shall supervised or regulated by the IC.
1. Persons supervised or regulated by BSP, such as:
extend cooperation in transnational investigations and
prosecutions of persons involved in money laundering
activities wherever committed.

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3. Persons supervised or regulated by SEC, such as: Jewel refers to organic substances that have a iii. providing a registered office; business address or
market-recognized gem level of quality, beauty and accommodation, correspondence or administrative
rarity, such as pearl, amber and coral. address for a company, a partnership or any other legal
person or arrangement; and
a. Securities dealers, brokers, salesmen, investment
houses, and other similar persons managing securities
or rendering services, such as investment agents, Precious metals refers to gold, silver, platinum,
advisors, or consultants. palladium, rhodium, ruthenium, iridium, and osmium at iv. acting as (or arranging for another person to act
a level of purity of five hundred (500) parts per one as) a nominee shareholder for another person.
thousand (1,000), singly or in any combination, and
alloys of precious metals, solders, and plating
b. mutual funds or open-end investment companies, chemicals, such as rhodium and palladium plating
close-end investment companies or issuers, and other solutions, potassium gold cyanide containing at least c. Persons, including lawyers and accountants, who
similar entities; sixty-eight and three-tenths percent (68.3%) gold, provide any of the following services:
potassium silver cyanide containing at least sixty-eight
percent (68%) silver and silver cyanide in salt solution
containing at least fifty-four percent (54%) silver.
c. other entities, administering or otherwise dealing i. Managing of client money, securities or other
in commodities, or financial derivatives based thereon, assets;
valuable objects, cash substitutes, and other similar
monetary instruments or properties, supervised or
regulated by the SEC.
ii. Management of bank, savings, securities or other
assets;
Precious stones refers to all gems and stones used
4. The following Designated Non-Financial in jewelry making, such as gemstones, jewels, and
Businesses and Professions (DNFBPs): those substances that have market-recognized gem
iii. Organization of contributions for the creation,
level of quality, beauty, and rarity, such as diamond,
operation or management of companies; and
corundum (including rubies and sapphires), beryl
(including emeralds and aquamarines), chrysoberyl,
a. Jewelry dealers, dealers in precious metals, and
spinel, topaz, zircon, tourmaline, garnet, crystalline and
dealers in precious stones.
cryptocrystalline quartz, olivine peridot, tanzanite, iv. Creation, operation or management of juridical
jadeite jade, nephrite jade, spodumene, feldspar, persons or arrangements, and buying and selling
turquoise, lapis lazuli, opal and pearl. business entities.
Dealer refers to an individual or entity who buys
and/or sells precious metals, precious stones, and/or
jewelry in the course of its business activities. The
b. Company service providers which, as a business, Notwithstanding the foregoing, lawyers and
purchases or sales of precious metals, precious
provide any of the following services to third parties: accountants who are: (1) authorized to practice their
stones, and/or jewelry, as referred to herein, exclude
those carried out for, connected with, or for the purpose profession in the Philippines; and (2) engaged as
of extracting precious metals or precious stones from a independent legal or accounting professionals, in
mine, or cutting or polishing precious stones. relation to information concerning their clients, or
i. acting as a formation agent of juridical persons;
where disclosure of information would compromise
client confidences or the attorney-client relationship,
are not covered persons.
Jewelry refers to finished goods deriving fifty percent ii. acting as (or arranging for another person to act
(50%) or more of their value from jewels, precious as) a director or corporate secretary of a company, a
metals or precious stones constituting, forming part of, partner of a partnership, or a similar position in relation
or attached to said finished goods. Independent legal or accounting professional are
to other juridical persons;
lawyers and accountants working in a private firm or as
a sole practitioner who by way of business provides

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purely legal, notarial or accounting services to their J. Politically Exposed Person (PEP) refers to an
clients. individual who is or has been entrusted with prominent
5. any circumstance relating to the transaction which public position in (a) the Philippines with substantial
is observed to deviate from the profile of the client authority over policy, operations or the use or allocation
and/or the clients past transactions with the covered of government-owned resources; (b) a foreign State; or
F. Transaction refers to any act establishing any person; (c) an international organization.
right or obligation, or giving rise to any contractual or
legal relationship between the parties thereto. It also
includes any movement of funds by any means with a
covered person. 6. the transaction is in any way related to an unlawful The term PEP shall include immediate family
activity or any money laundering activity or offense that members, and close relationships and associates that
is about to be committed, is being or has been are reputedly known to have:
committed; or
G. Covered transaction refers to:

1. Joint beneficial ownership of a legal entity or legal

7. any transaction that is similar, analogous or arrangement with the main/principal PEP; or
1. A transaction in cash or other equivalent monetary identical to any of the foregoing.
instrument exceeding Five Hundred Thousand pesos
(Php500,000.00)
2. Sole beneficial ownership of a legal entity or legal
arrangement that is known to exist for the benefit of the
main/principal PEP.
2. A transaction exceeding One Million pesos I. Client/Customer refers to any person who keeps
(Php1,000,000.00) in cases of jewelry dealers, dealers an account, or otherwise transacts business with a
in precious metals and dealers in precious stones. covered person. It includes the following:
K. Immediate Family Member refers to spouse or
partner; children and their spouses; and parents and
parents-in-law.
H. Suspicious Transaction refers to a transaction, 1. any person or entity on whose behalf an account
regardless of amount, where any of the following is maintained or a transaction is conducted, as well as
circumstances exists: the beneficiary of said transactions;

1. there is no underlying legal or trade obligation, 2. beneficiary of a trust, an investment fund or a

purpose or economic justification; pension fund;

L. Beneficial Owner refers to any natural person

who:
2. the client is not properly identified; 3. a company or person whose assets are managed
by an asset manager;

1. Ultimately owns or controls the customer and/or on

3. the amount involved is not commensurate with the whose behalf a transaction or activity is being
business or financial capacity of the client; 4. a grantor of a trust; and conducted; or

4. taking into account all known circumstances, it may 5. any insurance policy holder, whether actual or 2. Has ultimate effective control over a legal person
be perceived that the clients transaction is structured prospective. or arrangement.
in order to avoid being the subject of reporting
requirements under the AMLA;

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M. Official Document refers to any of the following 2. Credit instruments, including bank deposits, 1. Personal property, including proceeds derived
identification documents: financial interest, royalties, commissions, and other therefrom, or traceable to any unlawful activity, such
intangible property; as, but not limited to:

1. For Filipino citizens: Those issued by any of the

following official authorities: 3. Drafts, checks, and notes; a. Cash;

a. Government of the Republic of the Philippines, 4. Stocks or shares, participation or interest in a b. Jewelry, precious metals and stones, and other
including its political subdivisions, agencies, and corporation or in a commercial enterprise or profit- similar items;
instrumentalities; making venture and evidenced by a certificate,
contract, instrument, whether written or electronic in
character, including those enumerated in Section 3 of
the Securities Regulation Code; c. Works of art, such as paintings, sculptures,
b. Government-Owned or -Controlled Corporations antiques, treasures, and other similar precious objects;
(GOCCs);

5. A participation or interest in any non-stock, non-

profit corporation; d. Perishable goods; and
c. Covered persons registered with and supervised
or regulated by the BSP, SEC or IC;

6. Securities or negotiable instruments, bonds, e. Vehicles, vessels, aircraft, or any other similar
commercial papers, deposit certificates, trust conveyance.
2. For foreign nationals: Passport or Alien Certificate certificates, custodial receipts, or deposit substitute
of Registration; instruments, trading orders, transaction tickets, and
confirmations of sale or investments and money
2. Personal property, used as instrumentalities in the
market instruments;
commission of any unlawful activity, such as:
3. For Filipino students: School ID signed by the
school principal or head of the educational institution;
and 7. Contracts or policies of insurance, life or non-life,
a. Computers, servers, and other electronic
contracts of suretyship, pre-need plans, and member
information and communication systems; and
certificates issued by mutual benefit association; and
4. For low risk customers: Any document or
information reduced in writing which the covered
person deems sufficient to establish the clients b. Any conveyance, including any vehicle, vessel, and
8. Other similar instruments where title thereto
identity. aircraft.
passes to another by endorsement, assignment, or
delivery.

N. Monetary Instrument shall include, but is not 3. Real estate, improvements constructed or crops
limited to the following: growing thereon, or any interest therein, standing upon
O. Property refers to any thing or item of value, real
the record of the registry of deeds in the name of the
or personal, tangible or intangible, or any interest
party against whom the freeze order or asset
therein, or any benefit, privilege, claim, or right with
preservation order is issued, or not appearing at all
respect thereto, including:
1. Coins or currency of legal tender of the Philippines, upon such records, or belonging to the party against
or of any other country; whom the asset preservation order is issued and held
by any other person, or standing on the records of the

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registry of deeds in the name of any other person, 1. Kidnapping for Ransom under Article 267 of Act
which are: No. 3815, otherwise known as the Revised Penal
Materially-linked Accounts shall include the following: Code, as amended;

a. derived from, or traceable to, any unlawful activity;

or 1. All accounts or monetary instruments under the 2. Sections 4, 5, 6, 8, 9, 10, 11, 12,13, 14, 15 and 16
name of the person whose accounts, monetary of Republic Act No. 9165, otherwise known as the
instruments, or properties are the subject of the freeze Comprehensive Dangerous Drugs Act of 2002;
order or an order of inquiry;
b. used as an instrumentality in the commission of
any unlawful activity.
3. Section 3 paragraphs b, c, e, g, h and i of Republic
2. All accounts or monetary instruments held, owned, Act No. 3019, as amended, otherwise known as the
or controlled by the owner or holder of the accounts, Anti-Graft and Corrupt Practices Act;
P. Proceeds refers to an amount derived or realized monetary instruments, or properties subject of the
from any unlawful activity. freeze order or order of inquiry, whether such accounts
are held, owned or controlled singly or jointly with
another person; 4. Plunder under Republic Act No. 7080, as
amended;
Q. Monetary Instrument or Property Related to an
Unlawful Activity refers to:
3. All In Trust For accounts where either the trustee
or the trustor pertains to a person whose accounts, 5. Robbery and Extortion under Articles 294, 295,
monetary instruments, or properties are the subject of 296, 299, 300, 301 and 302 of the Revised Penal Code,
1. All proceeds of an unlawful activity; the freeze order or order of inquiry; as amended;

2. All monetary, financial or economic means, 4. All accounts held for the benefit or in the interest 6. Jueteng and Masiao punished as illegal
devices, accounts, documents, papers, items, or things of the person whose accounts, monetary instruments, gambling under Presidential Decree No. 1602;
used in or having any relation to any unlawful activity; or properties are the subject of the freeze order or order
of inquiry; and
7. Piracy on the High Seas under the Revised Penal
3. All moneys, expenditures, payments, Code, as amended, and Presidential Decree No. 532:
disbursements, costs, outlays, charges, accounts, 5. All other accounts, shares, units, or monetary
refunds, and other similar items for the financing, instruments that are similar, analogous, or identical to
operations, and maintenance of any unlawful activity; any of the foregoing.
and 8. Qualified Theft under Article 310 of the Revised
Penal Code, as amended;

S. Offender refers to any person who commits a

4. For purposes of freeze order and bank inquiry: money laundering offense.
related and materially-linked accounts. 9. Swindling under Article 315 and Other Forms of
Swindling under Article 316 of the Revised Penal
Code, as amended:
T. Unlawful Activity refers to any act or omission, or
R. Related Accounts refers to those accounts, the series or combination thereof, involving or having direct
funds and sources of which originated from and/or are relation, to the following:
materially-linked to the monetary instruments or 10. Smuggling under Republic Act No. 455, and
properties subject of the freeze order or an order of Republic Act No. 1937, as amended, otherwise known
inquiry. as the Tariff and Customs Code of the Philippines;

5
 27. Violation of Presidential Decree No. 1612,
otherwise known as the Anti-Fencing Law;
11. Violations under Republic Act No. 8792, 19. Violations of Sections 4 to 6 of Republic Act No.
otherwise known as the Electronic Commerce Act of 9208, otherwise known as the Anti-Trafficking in
2000; Persons Act of 2003, as amended;
28. Violation of Section 6 of Republic Act No. 8042,
otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995, as amended;
12. Hijacking and other violations under Republic 20. Violations of Sections 78 to 79 of Chapter IV of
Act No. 6235, otherwise known as the Anti-Hijacking Presidential Decree No. 705, otherwise known as the
Law; Destructive Arson; and Murder, as defined Revised Forestry Code of the Philippines, as
under the Revised Penal Code, as amended; amended; 29. Violation of Republic Act No. 8293, otherwise
known as the Intellectual Property Code of the
Philippines, as amended;

13. Terrorism and Conspiracy to Commit 21. Violations of Sections 86 to 106 of Chapter IV of
Terrorism as defined and penalized under Sections 3 Republic Act No. 8550, otherwise known as the
and 4 of Republic Act No. 9372; Philippine Fisheries Code of 1998; 30. Violation of Section 4 of Republic Act No. 9995,
otherwise known as the Anti-Photo and Video
Voyeurism Act of 2009;

14. Financing of Terrorism under Section 4 and 22. Violations of Sections 101 to 107, and 110 of
offenses punishable under Sections 5, 6, 7 and 8 of Republic Act No. 7942, otherwise known as the
Republic Act No. 10168, otherwise known as the Philippine Mining Act of 1995; 31. Violation of Section 4 of Republic Act No. 9775,
Terrorism Financing Prevention and Suppression Act otherwise known as the Anti-Child Pornography Act of
of 2012; 2009;

23. Violations of Section 27(c), (e), (f), (g) and (i) of

Republic Act No. 9147, otherwise known as the
15. Bribery under Articles 210, 211 and 211-A of the Wildlife Resources Conservation and Protection Act; 32. Violations of Sections 5, 7, 8, 9, 10 (c), (d) and
Revised Penal Code, as amended, and Corruption of (e), 11, 12 and 14 of Republic Act No. 7610, otherwise
Public Officers under Article 212 of the Revised Penal known as the Special Protection of Children Against
Code, as amended; Abuse, Exploitation and Discrimination;
24. Violations of Section 7(b) of Republic Act No.
9072, otherwise known as the National Caves and
Cave Resources Management Protection Act;
16. Frauds and Illegal Exactions and Transactions 33. Fraudulent practices and other violations under
under Articles 213, 214, 215 and 216 of the Revised Republic Act No. 8799, otherwise known as the
Penal Code, as amended; Securities Regulation Code of 2000;
25. Violation of Republic Act No. 6539, otherwise
known as the Anti-Carnapping Act of 2002, as
amended;
17. Malversation of Public Funds and Property 34. Felonies or offenses of a nature similar to the
under Articles 217 and 222 of the Revised Penal Code, aforementioned unlawful activities that are punishable
as amended; under the penal laws of other countries.
26. Violation of Sections 1, 3, and 5 of Presidential
Decree No. 1866, as amended, otherwise known as
the decree Codifying the Laws on Illegal/Unlawful
18. Forgeries and Counterfeiting under Articles Possession, Manufacture, Dealing In, Acquisition or In determining whether or not a felony or offense
163, 166, 167, 168, 169 and 176 of the Revised Penal Disposition of Firearms, Ammunition or Explosives; punishable under the penal laws of other countries is
Code, as amended; of a similar nature, as to constitute an unlawful activity
under the AMLA, the nomenclature of said felony or

6
offense need not be identical to any of the unlawful B. Sandiganbayan. - The Sandiganbayan shall have
activities listed above. jurisdiction to try money laundering cases committed
4. attempts or conspires to commit money laundering by public officers under its jurisdiction, and private
offenses referred to in (1), (2), or (3) above; persons who are in conspiracy with such public
officers.
U. Probable Cause refers to such facts and
circumstances which would lead a reasonably discreet,
prudent, or cautious man to believe that any monetary 5. aids, abets, assists in, or counsels the commission
instrument or property sought to be frozen, inquired of the money laundering offenses referred to in (1), (2),
into or preserved is in any way related to any unlawful or (3) above; and
activity and/or money laundering offense. RULE VI

PROSECUTION OF MONEY LAUNDERING CASES

6. performs or fails to perform any act as a result of
which he facilitates the offense of money laundering
referred to in (1), (2), or (3) above.

RULE IV Rule 6. Prosecution of Money Laundering Cases. -

B. Any covered person who, knowing that a covered
MONEY LAUNDERING or suspicious transaction is required under the AMLA
to be reported to the AMLC, fails to do so.
A. Independent Proceedings. - The prosecutions of
money laundering and the unlawful activity shall
proceed independently. Any person may be charged
with and convicted of both money laundering and the
unlawful activity.

Rule 4. Money Laundering. - Money laundering is

committed by: RULE V
B. Separate and Distinct Elements. - The elements
JURISDICTION OVER MONEY LAUNDERING of money laundering are separate and distinct from the
CASES elements of the unlawful activity. The elements of the
A. Any person who, knowing that any monetary unlawful activity, including the identity of the
instrument or property represents, involves, or relates perpetrators and the details of the commission of the
to the proceeds of any unlawful activity: unlawful activity, need not be established by proof
beyond reasonable doubt in the case for money
laundering.
1. transacts said monetary instrument or property;

C. Knowledge. - The element of knowledge may be

Rule 5. Jurisdiction over Money Laundering Cases. -
established by direct or circumstantial evidence.
2. converts, transfers, disposes of, moves, acquires,
possesses or uses said monetary instrument or
property;
A. Regional Trial Court. - The regional trial courts
D. Rules of Procedure. - The Rules of Court shall
shall have jurisdiction to try money laundering cases
govern all proceedings concerning the prosecution of
committed by private individuals, and public officers not
money laundering.
3. conceals or disguises the true nature, source, covered by the jurisdiction of the Sandiganbayan.
location, disposition, movement or ownership of or
rights with respect to said monetary instrument or
property;

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RULE VII. ANTI-MONEY LAUNDERING COUNCIL 4. to file complaints with the Department of Justice or persons and government agency to desist from
the Office of the Ombudsman for the prosecution of allowing any transaction, withdrawal, transfer, removal,
money laundering offenses and other violations under conversion, concealment, or other disposition of the
the AMLA; subject monetary instrument or property.

Rule 7. The Anti-Money Laundering Council. - The

AMLC is composed of the Governor of the BSP as 5. to investigate suspicious transactions and covered 1. Freezing of Related Accounts and Materially-
Chairperson, and the Commissioner of the IC and the transactions deemed suspicious after investigation by Linked Accounts. - Considering the intricate and
Chairperson of the SEC, as Members. the AMLC, money laundering activities and other diverse web of interlocking accounts that a person may
violations of the AMLA; create in different covered persons, and the high
probability that these accounts are utilized to divert,
move, conceal, and disguise the monetary instrument
A. Unanimous Decision. - The AMLC shall act or property subject of the freeze order, the AMLC may
unanimously in the discharge of its functions. In case 6. to file with the Court of Appeals, ex parte, through include in its petition the freezing of related and
of incapacity, absence, or disability of any member, the the Office of the Solicitor General: materially-linked accounts.
officer duly designated or authorized to discharge the
functions of the Governor of the BSP, the
Commissioner of the IC, and the Chairperson of the
SEC, as the case may be, shall act in his stead in the 2. Period to Resolve Petition. - The Court of Appeals
AMLC. shall resolve the petition to freeze within twenty-four
a. a petition for the freezing of any monetary (24) hours from filing thereof.
instrument or property that is in any way related to an
unlawful activity; or
B. Functions. - The functions of the AMLC are:
3. Effectivity of Freeze Order. - The freeze order shall
be effective immediately and shall not exceed six (6)
b. an application for authority to inquire into or months depending upon the circumstances of the
1. to require and receive covered or suspicious examine any particular deposit or investment, including case. On motion of the AMLC filed before the expiration
transaction reports from covered persons; related accounts, with any banking institution or non- of the original period of the freeze order, the court may,
bank financial institution. for good cause shown, extend its effectivity. Upon the
timely filing of such motion and pending resolution by
2. to issue orders addressed to the appropriate the Court of Appeals, the freeze order shall remain
Supervising Authority or the covered person to 7. to formulate and implement such measures as may effective.
determine the true identity of the owner of any be necessary and justified under the AMLA to
monetary instrument or property subject of a covered counteract money laundering. RULE X
or suspicious transaction report, or request for 4. No Prior Criminal Charge, Pendency of or
assistance from a foreign State, or believed by the FREEZE ORDER
Conviction Necessary. - No prior criminal charge,
AMLC, on the basis of substantial evidence, to be, in pendency of or conviction for an unlawful activity or
whole or in part, wherever located, representing, money laundering offense is necessary for the
involving, or related to, directly or indirectly, in any commencement or the resolution of a petition for freeze
manner or by any means, the proceeds of any unlawful Rule 10. Freeze Order. -
order.
activity;

A. Freeze Order. - Upon verified ex parte petition by

the AMLC and after determination that probable cause 5. Rule of Procedure. - Proceedings for the issuance
3. to institute civil forfeiture proceedings and all other of freeze order shall be governed by the Rule of
remedial proceedings through the Office of the Solicitor exists that any monetary instrument or property is in
any way related to an unlawful activity, the Court of Procedure in Cases of Civil Forfeiture, Asset
General; Preservation, and Freezing of Monetary Instrument,
Appeals may issue a freeze order, which shall be
effective immediately, directing the concerned covered Property, or Proceeds Representing, Involving, or
Relating to an Unlawful Activity or Money Laundering

8
Offense under Republic Act No. 9160, as Amended allow any transaction, withdrawal, transfer, removal, and relevant information, which shall include the
(A.M. No. 05-11-04-SC). conversion, other movement or concealment thereof. following:

B. Motion to Lift. - A person whose monetary 2. Freeze Related Accounts. - Upon receipt of the a. For covered persons: The account numbers and/or
instrument or property has been frozen may file a freeze order and upon verification by the covered description of the monetary instrument, property, or
motion to lift the freeze order. The court must resolve person that there are accounts related to the monetary proceeds involved;
the motion before the expiration of the freeze order. instrument or property subject of the freeze order, the
covered person shall immediately freeze these related
accounts wherever these may be found.
b. For concerned government agencies:
C. Lifting the Effects of the Freeze Order. - The freeze
order shall be deemed ipso facto lifted after its
expiration, unless a money laundering complaint If the related accounts cannot be determined within
against the person whose monetary instrument or twenty-four (24) hours from receipt of the freeze order i. Certificates of title numbers of registered real
property was frozen, or a petition for civil forfeiture due to the volume and/or complexity of the property and the volumes and pages of the registration
against the frozen monetary instrument or property, transactions, or any other justifiable factors, the books of the Register of Deeds where the same are
has been filed, in which case the freeze order shall covered person shall effect the freezing of the related registered;
remain effective until the money laundering case is accounts within a reasonable period and shall submit a
terminated or an asset preservation order is issued, supplemental return thereof to the Court of Appeals
respectively. and the AMLC within twenty-four (24) hours from the
ii. Registration in the Primary Entry Book and
freezing of said related accounts.
corresponding Registration Book in the Register of
Deeds for unregistered real property;
Upon the expiration of the freeze order, the covered
person shall secure a written confirmation from the 3. Furnish Copy of Freeze Order to Owner or Holder.
AMLC Secretariat to ascertain if a petition for civil - The covered person and government agency
iii. Registration with the Register of Deeds of the
forfeiture or money laundering complaint has been concerned shall likewise immediately furnish a copy of
enabling or master deed for a condominium project,
filed. the notice of the freeze order upon the owner or holder
declaration of restrictions relating to such condominium
of the monetary instrument or property or related
project, certificate of title conveying a condominium
accounts subject thereof.
and notice of assessment upon any condominium;
D. Injunction Against Freeze Order. - No court shall
issue a temporary restraining order or a writ of
injunction against any freeze order, except the 4. Submit Detailed Return. - Within twenty-four (24)
iv. Tax declarations for improvements built on land
Supreme Court. hours from receipt of the freeze order, the covered
owned by a different party, together with the annotation
person and government agency concerned shall
of the contract of lease on the title of the owner of the
submit, by personal delivery, to the Court of Appeals
land as registered in the Register of Deeds;
and to the AMLC, a written detailed return on the freeze
E. Duties of Covered Persons and Concerned order.
Government Agencies Upon Receipt of Freeze Order.
-
v. Certificates of registration for motor vehicles and
heavy equipment indicating the engine numbers,
The covered person shall also submit to the AMLC,
chassis numbers and plate numbers;
through the internet, an electronic detailed return in a
1. Implement Freeze Order. - Upon receipt of the format to be prescribed by the latter.
notice of the freeze order, the covered person and
government agency concerned shall immediately
vi. Certificates of numbers for seacraft;
freeze the monetary instrument or property subject
thereof, and shall immediately desist from and not 5. Contents of the Detailed Return. - The detailed
return on the freeze order shall specify all the pertinent

9
vii. Registration certificates for aircraft; or Republic Act No. 6426, as amended; Republic Act No. when it has been established that probable cause
8791, and other laws, the AMLC may inquire into or exists that the deposits or investments involved,
examine any particular deposit or investment account, including related accounts, are in any way related to
including related accounts, with any banking institution any of the following unlawful activities:
vii. Commercial invoices or notarial identification for or non-bank financial institution, upon order by the
personal property capable of manual delivery; Court of Appeals based on an ex parte application in
cases of violation of the AMLA when it has been
established that probable cause exists that the 1. Kidnapping for ransom under Article 267 of Act No.
deposits or investments involved, including related 3815, otherwise known as the Revised Penal Code, as
c. For covered persons and government agencies, amended;
accounts, are in any way related to an unlawful activity
whichever are applicable:
or a money laundering offense.

2. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16

i. The names of the account holders, personal of Republic Act No. 9165, otherwise known as the
1. Period to Resolve Application. - The Court of
property owners or possessors, or real property Comprehensive Dangerous Drugs Act of 2002;
Appeals shall resolve the application within twenty-four
owners or occupants;
(24) hours from filing thereof.

3. Hijacking and other violations under Republic Act

ii. The value of the monetary instrument, property, or No. 6235; destructive arson and murder, as defined
2. Inquiry Into or Examination of Related Accounts. -
proceeds as of the time the assets were ordered under the Revised Penal Code, as amended;
A court order ex parte must be obtained before the
frozen;
AMLC can inquire into the related accounts. The
procedure for the ex parte application for an order of
inquiry into the principal account shall be the same for
4. Felonies or offenses of a nature similar to those
iii. All relevant information as to the status and nature that of the related accounts.
mentioned in Section 3(i) (1), (2) and (12) of the AMLA
of the monetary instrument, property, or proceeds; which are punishable under the penal laws of other
countries;
3. Compliance with Article III, Sections 2 and 3 of the
iv. The date and time when the freeze order was Constitution. - The authority to inquire into or examine
served; and the main account and the related accounts shall
5. Terrorism and conspiracy to commit terrorism as
comply with the requirements of Article III, Sections 2
defined and penalized under Republic Act No. 9372;
and 3 of the 1987 Constitution.
and
v. The basis for the identification of the related
accounts.
4. No Prior Criminal Charge, Pendency of or
6. Financing of terrorism under Section 4 and
Conviction Necessary. - No prior criminal charge,
offenses punishable under Sections 5, 6, 7 and 8 of
pendency of or conviction for an unlawful activity or
Republic Act No. 10168, otherwise known as the
RULE XI money laundering offense is necessary for the
Terrorism Financing Prevention and Suppression Act
commencement or the resolution of an application for
BANK INQUIRY of 2012.
bank inquiry.

Rule 11. Bank Inquiry. - C. Duties of the Covered Persons Upon Receipt of
B. Bank Inquiry without Court Order. - The AMLC
Bank Inquiry Order. - The concerned covered persons
shall issue a resolution authorizing the AMLC
shall immediately, upon receipt of the court order or
Secretariat to inquire into or examine any particular
AMLC Resolution, give the AMLC and/or its Secretariat
deposit or investment account, including related
A. Bank Inquiry with Court Order. - Notwithstanding full access to all information, documents or objects
accounts, with any banking institution or non-bank
the provisions of Republic Act No. 1405, as amended;
financial institution and their subsidiaries and affiliates

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pertaining to the deposit, investment, account and/or a. cannot be located despite due diligence; monetary instrument or property found to be proceeds
transaction. of an unlawful activity.

b. has been substantially altered, destroyed,

Certified true copies of the documents pertaining to diminished in value or otherwise rendered worthless by C. Claim on Forfeited Assets. - Where the court has
deposit, investment, account and/or transaction any act or omission; issued an order of forfeiture of the monetary instrument
subject of the bank inquiry shall be submitted to the or property in a criminal prosecution for any money
AMLC Secretariat, within five (5) working days from laundering offense, the offender or any other person
receipt of the court order or AMLC Resolution. claiming an interest therein may apply, by verified
c. has been concealed, removed, converted, or petition, for a declaration that the same legitimately
otherwise transferred; belongs to him and for segregation or exclusion of the
monetary instrument or property corresponding
D. Authority of the Bangko Sentral ng Pilipinas to thereto. The verified petition shall be filed with the court
Inquire Into or Examine Bank Accounts. - In the course which rendered the judgment of forfeiture, within fifteen
of a periodic or special examination, the BSP may d is located outside the Philippines or has been
(15) days from the date of the finality of the order of
inquire into or examine bank accounts, including placed or brought outside the jurisdiction of the court;
forfeiture, in default of which the said order shall
customer identification, account opening, and or
become final and executory. This provision shall also
transaction documents, for the purpose of checking apply in civil forfeiture.
compliance by covered persons under its supervision
or regulation with the requirements of the AMLA, this
e. has been commingled with other monetary
RIRR, and other AMLC issuances.
instrument or property belonging to either the offender
D. Payment in Lieu of Forfeiture. - Where the court
himself or a third person or entity, thereby rendering
has issued an order of forfeiture of the monetary
the same difficult to identify or be segregated for
instrument or property subject of a money laundering
purposes of forfeiture.
offense, and said order cannot be enforced because
any particular monetary instrument or property cannot,
RULE XII with due diligence, be located, or it has been
2. No Prior Criminal Charge, Pendency of or substantially altered, destroyed, diminished in value or
ASSET FORFEITURE
Conviction Necessary. - No prior criminal charge, otherwise rendered worthless by any act or omission,
pendency of or conviction for an unlawful activity or directly or indirectly, attributable to the offender, or it
money laundering offense is necessary for the has been concealed, removed, converted, or otherwise
Rule 12. Asset Forfeiture. - commencement or the resolution of a petition for civil transferred to prevent the same from being found or to
forfeiture. avoid forfeiture thereof, or it is located outside the
Philippines or has been placed or brought outside the
jurisdiction of the court, or it has been commingled with
A. Civil Forfeiture. - Upon determination that probable other monetary instruments or property belonging to
cause exists that any monetary instrument or property 3. Rule of Procedure. - Civil forfeiture proceedings either the offender himself or a third person or entity,
is in any way related to an unlawful activity or a money shall be governed by the Rule of Procedure in Cases thereby rendering the same difficult to identify or be
laundering offense, the AMLC shall file with the of Civil Forfeiture, Asset Preservation, and Freezing of segregated for purposes of forfeiture, the court may,
regional trial court, through the Office of the Solicitor Monetary Instrument, Property, or Proceeds instead of enforcing the order of forfeiture of the
General, a verified petition for civil forfeiture. Representing, Involving, or Relating to an Unlawful monetary instrument or property or part thereof or
Activity or Money Laundering Offense under Republic interest therein, accordingly order the convicted
Act No. 9160, as Amended (A.M. No. 05-11-04-SC). offender to pay an amount equal to the value of said
monetary instrument or property. This provision shall
1. Equal Value Assets. - The petition for civil forfeiture apply in both civil and criminal forfeiture.
shall include other monetary instrument or property of
equal value in cases where the monetary instrument or B. Asset Forfeiture in Money Laundering Cases. -
property that should be subject of forfeiture: Where there is conviction for money laundering, the
court shall issue a judgment of forfeiture in favor of the
Government of the Philippines with respect to the

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