Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

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Congress of the Philippines other similar monetary instruments or property

Twelfth Congress supervised or regulated by Securities and


REPUBLIC ACT NO. 9160 September 29, 2001 Exchange Commission.
AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, (b) "Covered transaction" is a single, series, or
PROVIDING PENALTIES THEREFOR AND FOR OTHER combination of transactions involving a total amount in
PURPOSES excess of Four million Philippine pesos (Php4,000,000.00)
Be it enacted by the Senate and House of Representatives of the or an equivalent amount in foreign currency based on the
Philippines in Congress assembled: prevailing exchange rate within five (5) consecutive
Section 1. Short Title. – This Act shall be known as the "Anti-Money banking days except those between a covered institution
Laundering Act of 2001." and a person who, at the time of the transaction was a
Section 2. Declaration of Policy. – It is hereby declared the policy of properly identified client and the amount is commensurate
the State to protect and preserve the integrity and confidentiality of with the business or financial capacity of the client; or those
bank accounts and to ensure that the Philippines shall not be used with an underlying legal or trade obligation, purpose, origin
as a money laundering site for the proceeds of any unlawful activity. or economic justification.
Consistent with its foreign policy, the State shall extend cooperation It likewise refers to a single, series or combination or
in transnational investigations and prosecutions of persons involved pattern of unusually large and complex transactions in
in money laundering activities whenever committed. excess of Four million Philippine pesos (Php4,000,000.00)
Section 3. Definitions. For purposes of this Act, the following terms especially cash deposits and investments having no
are hereby defined as follows: credible purpose or origin, underlying trade obligation or
(a) "Covered Institution" refers to: contract.
(1) banks, non-banks, quasi-banks, trust entities, (c) "Monetary Instrument" refers to:
and all other institutions and their subsidiaries (1) coins or currency of legal tender of the
and affiliates supervised or regulated by the Philippines, or of any other country;
Bangko Sentral ng Pilipinas (BSP); (2) drafts, checks and notes;
(2) Insurance companies and all other institutions (3) securities or negotiable instruments, bonds,
supervised or regulated by the Insurance commercial papers, deposit certificates, trust
Commission; and certificates, custodial receipts or deposit
(3) (i) securities dealers, brokers, salesmen, substitute instruments, trading orders, transaction
investment houses and other similar entities tickets and confirmations of sale or investments
managing securities or rendering services as and money marked instruments; and
investment agent, advisor, or consultant, (ii) (4) other similar instruments where title thereto
mutual funds, close and investment companies, passes to another by endorsement, assignment
common trust funds, pre-need companies and or delivery.
other similar entities, (iii) foreign exchange (d) "Offender" refers to any person who commits a money
corporations, money changers, money payment, laundering offense.
remittance, and transfer companies and other (e) "Person" refers to any natural or juridical person.
similar entities, and (iv) other entities (f) "Proceeds" refers to an amount derived or realized from
administering or otherwise dealing in currency, an unlawful activity.
commodities or financial derivatives based (g) "Supervising Authority" refers to the appropriate
thereon, valuable objects, cash substitutes and supervisory or regulatory agency, department or office

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supervising or regulating the covered institutions (12) Hijacking and other violations under Republic
enumerated in Section 3(a). Act No. 6235; destructive arson and murder, as
(h) "Transaction" refers to any act establishing any right or defined under the Revised Penal Code, as
obligation or giving rise to any contractual or legal amended, including those perpetrated by
relationship between the parties thereto. It also includes terrorists against non-combatant persons and
any movement of funds by any means with a covered similar targets;
institution. (13) Fraudulent practices and other violations
(l) "Unlawful activity" refers to any act or omission or under Republic Act No. 8799, otherwise known as
series or combination thereof involving or having relation to the Securities Regulation Code of 2000;
the following: (14) Felonies or offenses of a similar nature that
(1) Kidnapping for ransom under Article 267 of are punishable under the penal laws of other
Act No. 3815, otherwise known as the Revised countries.
Penal Code, as amended; Section 4. Money Laundering Offense. – Money laundering is a
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of crime whereby the proceeds of an unlawful activity are transacted,
Republic Act No. 6425, as amended, otherwise thereby making them appear to have originated from legitimate
known as the Dangerous Drugs Act of 1972; sources. It is committed by the following:
(3) Section 3 paragraphs B, C, E, G, H and I of (a) Any person knowing that any monetary instrument or
Republic Act No. 3019, as amended; otherwise property represents, involves, or relates to the proceeds of
known as the Anti-Graft and Corrupt Practices any unlawful activity, transacts or attempts to transact said
Act; monetary instrument or property.
(4) Plunder under Republic Act No. 7080, as (b) Any person knowing that any monetary instrument or
amended; property involves the proceeds of any unlawful activity,
(5) Robbery and extortion under Articles 294, performs or fails to perform any act as a result of which he
295, 296, 299, 300, 301 and 302 of the Revised facilitates the offense of money laundering referred to in
Penal Code, as amended; paragraph (a) above.
(6) Jueteng and Masiao punished as illegal (c) Any person knowing that any monetary instrument or
gambling under Presidential Decree No. 1602; property is required under this Act to be disclosed and filed
(7) Piracy on the high seas under the Revised with the Anti-Money Laundering Council (AMLC), fails to do
Penal Code, as amended and Presidential so.
Decree No. 532; Section 5. Jurisdiction of Money Laundering Cases. – The regional
(8) Qualified theft under, Article 310 of the trial courts shall have jurisdiction to try all cases on money
Revised Penal Code, as amended; laundering. Those committed by public officers and private persons
(9) Swindling under Article 315 of the Revised who are in conspiracy with such public officers shall be under the
Penal Code, as amended; jurisdiction of the Sandiganbayan.
(10) Smuggling under Republic Act Nos. 455 and Section 6. Prosecution of Money Laundering. –
1937; (a) Any person may be charged with and convicted of both
(11) Violations under Republic Act No. 8792, the offense of money laundering and the unlawful activity
otherwise known as the Electronic Commerce Act as herein defined.
of 2000; (b) Any proceeding relating to the unlawful activity shall be
given precedence over the prosecution of any offense or

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violation under this Act without prejudice to the freezing money laundering and the effective ways of prosecuting
and other remedies provided. and punishing offenders; and
Section 7. Creation of Anti-Money Laundering Council (AMLC). – (10) to enlist the assistance of any branch, department,
The Anti-Money Laundering Council is hereby created and shall be bureau, office, agency or instrumentality of the
composed of the Governor of the Bangko Sentral ng Pilipinas as government, including government-owned and –controlled
chairman, the Commissioner of the Insurance Commission and the corporations, in undertaking any and all anti-money
Chairman of the Securities and Exchange Commission as members. laundering operations, which may include the use of its
The AMLC shall act unanimously in the discharge of its functions as personnel, facilities and resources for the more resolute
defined hereunder: prevention, detection and investigation of money
(1) to require and receive covered transaction reports from laundering offenses and prosecution of offenders.
covered institutions; Section 8. Creation of a Secretariat. – The AMLC is hereby
(2) to issue orders addressed to the appropriate authorized to establish a secretariat to be headed by an Executive
Supervising Authority or the covered institution to Director who shall be appointed by the Council for a term of five (5)
determine the true identity of the owner of any monetary years. He must be a member of the Philippine Bar, at least thirty-five
instrument or property subject of a covered transaction (35) years of age and of good moral character, unquestionable
report or request for assistance from a foreign State, or integrity and known probity. All members of the Secretariat must
believed by the Council, on the basis of substantial have served for at least five (5) years either in the Insurance
evidence to be in whole or in part, whenever located, Commission, the Securities and Exchange Commission or the
representing, involving, or related to, directly or indirectly, Bangko Sentral ng Pilipinas (BSP) and shall hold full-time permanent
in any manner or by any means, the proceeds of an positions within the BSP.
unlawful activity; Section 9. Prevention of Money Laundering; Customer Identification
(3) to institute civil forfeiture proceedings and all other Requirements and Record Keeping. –
remedial proceedings through the Office of the Solicitor (a) Customer Identification, - Covered institutions shall
General; establish and record the true identity of its clients based on
(4) to cause the filing of complaints with the Department of official documents. They shall maintain a system of
Justice or the Ombudsman for the prosecution of money verifying the true identity of their clients and, in case of
laundering offenses; corporate clients, require a system of verifying their legal
(5) to initiate investigations of covered transactions, money existence and organizational structure, as well as the
laundering activities and other violations of this Act; authority and identification of all persons purporting to act
(6) to freeze any monetary instrument or property alleged on their behalf.
to be proceed of any unlawful activity; The provisions of existing laws to the contrary
(7) to implement such measures as may be necessary and notwithstanding, anonymous accounts, accounts under
justified under this Act to counteract money laundering; fictitious names, and all other similar accounts shall be
(8) to receive and take action in respect of, any request absolutely prohibited. Peso and foreign currency non-
from foreign states for assistance in their own anti-money checking numbered accounts shall be allowed. The BSP
laundering operations provided in this Act; may conduct annual testing solely limited to the
(9) to develop educational programs on the pernicious determination of the existence and true identity of the
effects of money laundering, the methods and techniques owners of such accounts.
used in money laundering, the viable means of preventing (b) Record Keeping – All records of all transactions of
covered institutions shall be maintained and safely stored

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for five (5) years from the date of transactions. With respect Section 10. Authority to Freeze. – Upon determination that probable
to closed accounts, the records on customer identification, cause exists that any deposit or similar account is in any way related
account files and business correspondence, shall be to an unlawful activity, the AMLC may issue a freeze order, which
preserved and safety stored for at least five (5) years from shall be effective immediately, on the account for a period not
the dates when they were closed. exceeding fifteen (15) days. Notice to the depositor that his account
(c) Reporting of Covered Transactions. – Covered has been frozen shall be issued simultaneously with the issuance of
institutions shall report to the AMLC all covered the freeze order. The depositor shall have seventy-two (72) hours
transactions within five (5) working days from occurrence upon receipt of the notice to explain why the freeze order should be
thereof, unless the Supervising Authority concerned lifted. The AMLC has seventy-two (72) hours to dispose of the
prescribes a longer period not exceeding ten (10) working depositor's explanation. If it falls to act within seventy-two (72) hours
days. from receipt of the depositor's explanation, the freeze order shall
When reporting covered transactions to the AMLC, covered automatically be dissolved. The fifteen (15)-day freeze order of the
institutions and their officers, employees, representatives, agents, AMLC may be extended upon order of the court, provided that the
advisors, consultants or associates shall not be deemed to have fifteen (15)-day period shall be tolled pending the court's decision to
violated Republic Act No. 1405, as amended; Republic Act No. 6426, extend the period.
as amended; Republic Act No. 8791 and other similar laws, but are No court shall issue a temporary restraining order or writ of injunction
prohibited from communicating, directly or indirectly, in any manner against any freeze order issued by the AMLC except the Court of
or by any means, to any person the fact that a covered transaction Appeals or the Supreme Court.
report was made, the contents thereof, or any other information in Section 11. Authority to inquire into Bank Deposits. –
relation thereto. In case of violation thereof, the concerned officer, Notwithstanding the provisions of Republic Act No. 1405, as
employee, representative, agent, advisor, consultant or associate of amended; Republic Act No. 6426, as amended; Republic Act No.
the covered institution, shall be criminally liable. However, no 8791, and other laws, the AMLC may inquire into or examine any
administrative, criminal or civil proceedings, shall lie against any particular deposit or investment with any banking institution or non-
person for having made a covered transaction report in the regular bank financial institution upon order of any competent court in cases
performance of his duties and in good faith, whether or not such of violation of this Act when it has been established that there is
reporting results in any criminal prosecution under this Act or any probable cause that the deposits or investments involved are in any
other Philippine law. way related to a money laundering offense: Provided, That this
When reporting covered transactions to the AMLC, covered provision shall not apply to deposits and investments made prior to
institutions and their officers, employees, representatives, agents, the effectivity of this Act.
advisors, consultants or associates are prohibited from Section 12. Forfeiture Provisions. –
communicating, directly or indirectly, in any manner or by any (a) Civil Forfeiture. – When there is a covered transaction
means, to any person, entity, the media, the fact that a covered report made, and the court has, in a petition filed for the
transaction report was made, the contents thereof, or any other purpose ordered seizure of any monetary instrument or
information in relation thereto. Neither may such reporting be property, in whole or in part, directly or indirectly, related to
published or aired in any manner or form by the mass media, said report, the Revised Rules of Court on civil forfeiture
electronic mail, or other similar devices. In case of violation thereof, shall apply.
the concerned officer, employee, representative, agent, advisor, (b) Claim on Forfeited Assets. – Where the court has
consultant or associate of the covered institution, or media shall be issued an order of forfeiture of the monetary instrument or
held criminally liable. property in a criminal prosecution for any money laundering
offense defined under Section 4 of this Act, the offender or

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any other person claiming an interest therein may apply, by execution thereof. The principles of mutuality and
verified petition, for a declaration that the same legitimately reciprocity shall, for this purpose, be at all times
belongs to him and for segregation or exclusion of the recognized.
monetary instrument or property corresponding thereto. (b) Power of the AMLC to Act on a Request for
The verified petition shall be filed with the court which Assistance from a Foreign State. – The AMLC may
rendered the judgment of conviction and order of forfeiture, execute a request for assistance from a foreign State by:
within fifteen (15) days from the date of the order or (1) tracking down, freezing, restraining and seizing assets
forfeiture, in default of which the said order shall become alleged to be proceeds of any unlawful activity under the
final and executory. This provision shall apply in both civil procedures laid down in this Act; (2) giving information
and criminal forfeiture. needed by the foreign State within the procedures laid
(c) Payment in Lieu of Forfeiture. – Where the court has down in this Act; and (3) applying for an order of forfeiture
issued an order of forfeiture of the monetary instrument or of any monetary instrument or property in the
property subject of a money laundering offense defined court: Provided, That the court shall not issue such an
under Section 4, and said order cannot be enforced order unless the application is accompanied by an
because any particular monetary instrument or property authenticated copy of the order of a court in the requesting
cannot, with due diligence, be located, or it has been State ordering the forfeiture of said monetary instrument or
substantially altered, destroyed, diminished in value or properly of a person who has been convicted of a money
otherwise rendered worthless by any act or omission, laundering offense in the requesting State, and a
directly or indirectly, attributable to the offender, or it has certification of an affidavit of a competent officer of the
been concealed, removed, converted or otherwise requesting State stating that the conviction and the order of
transferred to prevent the same from being found or to forfeiture are final and then no further appeal lies in respect
avoid forfeiture thereof, or it is located outside the or either.
Philippines or has been placed or brought outside the (c) Obtaining Assistance from Foreign States. – The
jurisdiction of the court, or it has been commingled with AMLC may make a request to any foreign State for
other monetary instruments or property belonging to either assistance in (1) tracking down, freezing, restraining and
the offender himself or a third person or entity, thereby seizing assets alleged to be proceeds of any unlawful
rendering the same difficult to identify or be segregated for activity; (2) obtaining information that it needs relating to
purposes of forfeiture, the court may, instead of enforcing any covered transaction, money laundering offense or any
the order of forfeiture of the monetary instrument or other matter directly or indirectly, related thereto; (3) to the
property or part thereof or interest therein, accordingly extent allowed by the law of the Foreign State, applying
order the convicted offender to pay an amount equal to the with the proper court therein for an order to enter any
value of said monetary instrument or property. This premises belonging to or in the possession or control of,
provision shall apply in both civil and criminal forfeiture. any or all of the persons named in said request, and/or
Section 13. Mutual Assistance among States. – search any or all such persons named therein and/or
(a) Request for Assistance from a Foreign State. – remove any document, material or object named in said
Where a foreign State makes a request for assistance in request: Provided, That the documents accompanying the
the investigation or prosecution of a money laundering request in support of the application have been duly
offense, the AMLC may execute the request or refuse to authenticated in accordance with the applicable law or
execute the same and inform the foreign State of any valid regulation of the foreign State; and (4) applying for an order
reason for not executing the request or for delaying the of forfeiture of any monetary instrument or property in the

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proper court in the foreign State: Provided, That the or certified by a judge, magistrate or equivalent officer in or
request is accompanied by an authenticated copy of the of, the requesting State, and authenticated by the oath or
order of the regional trial court ordering the forfeiture of affirmation of a witness or sealed with an official or public
said monetary instrument or property of a convicted seal of a minister, secretary of State, or officer in or of, the
offender and an affidavit of the clerk of court stating that government of the requesting State, or of the person
the conviction and the order of forfeiture are final and that administering the government or a department of the
no further appeal lies in respect of either. requesting territory, protectorate or colony. The certificate
(d) Limitations on Request for Mutual Assistance. – The of authentication may also be made by a secretary of the
AMLC may refuse to comply with any request for embassy or legation, consul general, consul, vice consul,
assistance where the action sought by the request consular agent or any officer in the foreign service of the
contravenes any provision of the Constitution or the Philippines stationed in the foreign State in which the
execution of a request is likely to prejudice the national record is kept, and authenticated by the seal of his office.
interest of the Philippines unless there is a treaty between (g) Extradition. – The Philippines shall negotiate for the
the Philippines and the requesting State relating to the inclusion of money laundering offenses as herein defined
provision of assistance in relation to money laundering among extraditable offenses in all future treaties.
offenses. Section 14. Penal Provisions. –
(e) Requirements for Requests for Mutual Assistance (a) Penalties for the Crime of Money Laundering. The
from Foreign State. – A request for mutual assistance penalty of imprisonment ranging from seven (7) to fourteen
from a foreign State must (1) confirm that an investigation (14) years and a fine of not less than Three million
or prosecution is being conducted in respect of a money Philippine pesos (Php 3,000,000.00) but not more than
launderer named therein or that he has been convicted of twice the value of the monetary instrument or property
any money laundering offense; (2) state the grounds on involved in the offense, shall be imposed upon a person
which any person is being investigated or prosecuted for convicted under Section 4(a) of this Act.
money laundering or the details of his conviction; (3) gives The penalty of imprisonment from four (4) to seven (7)
sufficient particulars as to the identity of said person; (4) years and a fine of not less than One million five hundred
give particulars sufficient to identity any covered institution thousand Philippine pesos (Php 1,500,000.00) but not
believed to have any information, document, material or more than Three million Philippine pesos (Php
object which may be of assistance to the investigation or 3,000,000.00), shall be imposed upon a person convicted
prosecution; (5) ask from the covered institution concerned under Section 4(b) of this Act.
any information, document, material or object which may The penalty of imprisonment from six (6) months to four (4)
be of assistance to the investigation or prosecution; (6) years or a fine of not less than One hundred thousand
specify the manner in which and to whom said information, Philippine pesos (Php 100,000.00) but not more than Five
document, material or object detained pursuant to said hundred thousand Philippine pesos (Php 500,000.00), or
request, is to be produced; (7) give all the particulars both, shall be imposed on a person convicted under
necessary for the issuance by the court in the requested Section 4(c) of this Act.
State of the writs, orders or processes needed by the (b) Penalties for Failure to Keep Records. The penalty of
requesting State; and (8) contain such other information as imprisonment from six (6) months to one (1) year or a fine
may assist in the execution of the request. of not less than One hundred thousand Philippine pesos
(f) Authentication of Documents. – For purposes of this (Php 100,000.00) but not more than Five hundred
Section, a document is authenticated if the same is signed thousand Philippine pesos (Php 500,000.00), or both, shall

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be imposed on a person convicted under Section 9(b) of Section 16. Prohibitions Against Political Harassment. – This Act
this Act. shall not be used for political prosecution or harassment or as an
(c) Malicious Reporting. Any person who, with malice, or instrument to hamper competition in trade and commerce.
in bad faith, report or files a completely unwarranted or No case for money laundering may be filed against and no assets
false information relative to money laundering transaction shall be frozen, attached or forfeited to the prejudice of a candidate
against any person shall be subject to a penalty of six (6) for an electoral office during an election period.
months to four (4) years imprisonment and a fine of not Section 17. Restitution. – Restitution for any aggrieved party shall
less than One hundred thousand Philippine pesos (Php be governed by the provisions of the New Civil Code.
100,000.00) but not more than Five hundred thousand Section 18. Implementing Rules and Regulations. – Within thirty
Philippine pesos (Php 500,000.00), at the discretion of the (30) days from the effectivity of this Act, the Bangko Sentral ng
court: Provided, That the offender is not entitled to avail the Pilipinas, the Insurance Commission and the Securities and
benefits of the Probation Law. Exchange Commission shall promulgate the rules and regulations to
If the offender is a corporation, association, partnership or implement effectivity the provisions of this Act. Said rules and
any juridical person, the penalty shall be imposed upon the regulations shall be submitted to the Congressional Oversight
responsible officers, as the case may be, who participated Committee for approval.
in the commission of the crime or who shall have knowingly Covered institutions shall formulate their respective money
permitted or failed to prevent its commission. If the offender laundering prevention programs in accordance with this Act
is a juridical person, the court may suspend or revoke its including, but not limited to, information dissemination on money
license. If the offender is an alien, he shall, in addition to laundering activities and its prevention, detection and reporting, and
the penalties herein prescribed, be deported without further the training of responsible officers and personnel of covered
proceedings after serving the penalties herein prescribed. If institutions.
the offender is a public official or employee, he shall, in Section 19. Congressional Oversight Committee. – There is hereby
addition to the penalties prescribed herein, suffer perpetual created a Congressional Oversight Committee composed of seven
or temporary absolute disqualification from office, as the (7) members from the Senate and seven (7) members from the
case may be; House of Representatives. The members from the Senate shall be
Any public official or employee who is called upon to testify appointed by the Senate President based on the proportional
and refuses to do the same or purposely fails to testify shall representation of the parties or coalitions therein with at least two (2)
suffer the same penalties prescribed herein. Senators representing the minority. The members from the House of
(d) Breach of Confidentiality. The punishment of Representatives shall be appointed by the Speaker also based on
imprisonment ranging from three (3) to eight (8) years and proportional representation of the parties or coalitions therein with at
a fine of not less than Five hundred thousand Philippine least two (2) members representing the minority.
pesos (Php 500,000.00) but not more than One million The Oversight Committee shall have the power to promulgate its
Philippine pesos (Php 1,000,000.00), shall be imposed on own rules, to oversee the implementation of this Act, and to review
a person convicted for a violation under Section 9(c). or revise the implementing rules issued by the Anti-Money
Section 15. System of Incentives and Rewards. – A system of Laundering Council within thirty (30) days from the promulgation of
special incentives and rewards is hereby established to be given to the said rules.
the appropriate government agency and its personnel that led and Section 20. Appropriations Clause. – The AMLC shall be provided
initiated an investigation, prosecution and conviction of persons with an initial appropriation of Twenty-five million Philippine pesos
involved in the offense penalized in Section 4 of this Act. (Php 25,000,000.00) to be drawn from the national government.

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Appropriations for the succeeding years shall be included in the
General Appropriations Act.
Section 21. Separability Clause. – If any provision or section of this
Act or the application thereof to any person or circumstance is held
to be invalid, the other provisions or sections of this Act, and the
application of such provision or section to other persons or
circumstances, shall not be affected thereby.
Section 22. Repealing Clause. – All laws, decrees, executive orders,
rules and regulations or parts thereof, including the relevant
provisions of Republic Act No. 1405, as amended; Republic Act No.
6426, as amended; Republic Act No. 8791, as amended and other
similar laws, as are inconsistent with this Act, are hereby repealed,
amended or modified accordingly.
Section 23. 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.
The provisions of this Act shall not apply to deposits and
investments made prior to its effectivity.
Approved,
(Sgd)
FRANKLIN M. DRILON
President of the Senate
(Sgd)
JOSE DE VENECIA, JR.
Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 3083 and Senate
Bill No. 1745 was finally passed by the House of Representatives
and the Senate on September 29, 2001.
(Sgd)
OSCAR G. YARES
Secretary of the Senate
(Sgd)
ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved: September 29, 2001
(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines

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