SPECIAL CRIME INVESTIGATION 2 WITH INTERVIEW AND (j) Total wreck refers to the state or status of a motor vehicle

INTERROGATION after a vehicular accident or other incident, so that it is rendered

inoperational and beyond economic repair due to the extent of
damage in its body, chassis and engine; and
REEPUBLIC ACT NO. 6539 “Anti-Carnapping Law” as
amended by REPUBLIC ACT NO. 10883
(k) Unlawful transfer or use of vehicle plates refers to the
An Act Providing for a New Anti-Carnapping Law of the use or transfer of a vehicle plate issued by the LTO to a certain
Philippines vehicle to another vehicle. It is presumed illegally transferred
when the motor vehicle plate does not correspond with that as
appearing in the certificate of registration of the motor vehicle to
Be it enacted by the Senate and House of Representatives of the which it was issued.
Philippine Congress Assembled:

Section 3. Carnapping; Penalties. – Carnapping is the taking,

Section 1. Short Title. – This Act shall be known as the “New with intent to gain, of a motor vehicle belonging to another
Anti-Carnapping Act of 2016”. without the latter’s consent, or by means of violence against or
intimidation of persons, or by using force upon things.
Section 2. Definition of Terms. – As used in this Act:
Any person who is found guilty of carnapping shall, regardless of
(a) Body building refers to a job undertaken on a motor vehicle the value of the motor vehicle taken, be punished by
in order to replace its entire body with a new body; imprisonment for not less than twenty (20) years and one (1) day
but not more than thirty (30) years, when the carnapping is
committed without violence against or intimidation of persons, or
(b) Defacing or tampering with a serial number refers to force upon things; and by imprisonment for not less than thirty
the altering, changing, erasing, replacing or scratching of the (30) years and one (1) day but not more than forty (40) years,
original factory inscribed serial number on the motor vehicle when the carnapping is committed by means of violence against
engine, engine block or chassis of any motor vehicle. Whenever or intimidation of persons, or force upon things; and the penalty
any motor vehicle is found to have a serial number on its engine, of life imprisonment shall be imposed when the owner, driver, or
engine block or chassis which is different from that which is occupant of the carnapped motor vehicle is killed or raped in the
listed in the records of the Bureau of Customs for motor vehicle commission of the carnapping.
imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered serial number;
Any person charged with carnapping or when the crime of
carnapping is committed by criminal groups, gangs or syndicates
(c) Dismantling refers to the tearing apart, piece-by-piece or or by means of violence or intimidation of any person or persons
part-by-part, of a motor vehicle; or forced upon things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped in the course
(d) Identity transfer refers to the act of transferring the engine of the carnapping shall be denied bail when the evidence of guilt
number, chassis number, body tag number, plate number, and is strong.
any other identifying marks of a motor vehicle declared as “total
wreck” or is beyond economic repair by concerned car insurance Section 4. Concealment of Carnapping. – Any person who
companies and/or law enforcement agencies after its conceals carnapping shall be punished with imprisonment of six
involvement in a vehicular accident or other incident and (6) years up to twelve (12) years and a fine equal to the amount
registers the same into another factory-made body or vehicle of the acquisition cost of the motor vehicle, motor vehicle
unit, of the same classification, type, make or model; engine, or any other part involved in the violation; Provided, That
if the person violating any provision of this Act is a juridical
(e) Motor vehicle refers to any vehicle propelled by any power person, the penalty herein provided shall be imposed on its
other than muscular power using the public highways, except president, secretary, and/or members of the board of directors or
road rollers, trolley cars, street sweepers, sprinklers, lawn any of its officers and employees who may have directly
mowers, bulldozers, graders, forklifts, amphibian trucks, and participated in the violation.
cranes if not used on public highways; vehicles which run only on
rails or tracks; and tractors, trailers and traction engines of all Any public official or employee who directly commits the
kinds used exclusively for agricultural purposes. Trailers having unlawful acts defined in this Act or is guilty of gross negligence
any number of wheels, when propelled or intended to be of duty or connives with or permits the commission of any of the
propelled by attachment to a motor vehicle, shall be classified as said unlawful acts shall, in addition to the penalty prescribed in
a separate motor vehicle with no power rating; the preceding paragraph, be dismissed from the service, and
his/her benefits forfeited and shall be permanently disqualified
(f) Overhauling refers to the cleaning or repairing of the whole from holding public office.
engine of a motor vehicle by separating the motor engine and its
parts from the body of the motor vehicle; Section 5. Original Registration of Motor Vehicles. – Any
person seeking the original registration of a motor vehicle,
(g) Repainting refers to changing the color of a motor vehicle whether that motor vehicle is newly assembled or rebuilt or
by means of painting. There is painting whenever the new color acquired from a registered owner, shall, within one (1) week
of a motor vehicle is different from its color registered in the after the completion of the assembly or rebuilding job or the
Land Transportation Office (LTO); acquisition thereof from the registered owner, apply to the
Philippine National Police (PNP) for the clearance of the motor
vehicle for registration with the LTO. The PNP shall, upon receipt
(h) Remodeling refers to the introduction of some changes in of the application, verify if the motor vehicle or its numbered
the shape or form of the body of the motor vehicle; parts are in the list of carnapped motor vehicles or stolen motor
vehicle parts. If the motor vehicle or any of its numbered parts is
(i) Second hand spare parts refer to the parts taken from a not in the list, the PNP shall forthwith issue a certificate of
carnapped vehicle used in assembling another vehicle; clearance. Upon presentation of the certificate of clearance from
the PNP and after verification of the registration of the motor
vehicle engine, engine block and chassis in the permanent
registry of motor vehicle engine, engine block and chassis, the
LTO shall register the motor vehicle in accordance with existing shall render accurately a monthly report of his/her transactions
laws, rules and regulations within twenty (20) working days. in motor vehicles to the LTO.1avvphi1

Section 6. Registration of Motor Vehicle, Motor Vehicle Section 11. Duty of Manufacturers of Engine Blocks,
Engine, Engine Block and Chassis. – Within one (1) year upon Chassis or Body to Cause the Numbering of Engine
approval of this Act, every owner or possessor of unregistered Blocks, Chassis or Body Manufactured. – Any person
motor vehicle or parts thereof in knock down condition shall engaged in the manufacture of engine blocks, chassis or body
register before the LTO the motor vehicle engine, engine block shall cause the numbering of every engine block, chassis or body
and chassis in the name of the possessor or in the name of the manufactured in a convenient and conspicuous part thereof
real owner who shall be readily available to answer any claim which the LTO may direct for the purpose of uniformity and
over the registered motor vehicle engine, engine block and identification of the factory and shall submit to the LTO a
chassis. Thereafter, all motor vehicle engines, engine blocks and monthly report of the manufacture and sale of engine blocks,
chassis not registered with the LTO shall be considered as a chassis or body.
carnapped vehicle, an untaxed importation or coming from
illegal source and shall be confiscated in favor of the
Section 12. Clearance and Permit Required for Assembly or
government.
Rebuilding of Motor Vehicles. – Any person who shall
undertake to assemble or rebuild or cause the assembly or
Section 7. Permanent Registry of Motor Vehicle, Motor rebuilding of a motor vehicle shall first secure a certificate of
Vehicle Engines, Engine Blocks and Chassis. – The LTO shall clearance from the PNP: Provided, That no such permit shall be
keep a permanent registry of motor vehicle, motor vehicle issued unless the applicant shall present a statement under oath
engines, engine blocks and chassis of all motor vehicles, containing the type, make and serial numbers of the engine,
specifying therein their type, make, serial numbers and stating chassis and body, if any, and the complete list of the spare parts
therein the names and addresses of their present and previous of the motor vehicle to be assembled or rebuilt together with the
owners. Copies of the registry and of all entries made thereon names and addresses of the sources thereof.
shall be furnished the PNP and all LTO regional, provincial and
city branch offices: Provided, That all LTO regional, provincial
In the case of motor vehicle engines to be mounted on motor
and city offices are likewise obliged to furnish copies of all
boats, motor bancas, water crafts and other light water vessels,
registrations of motor vehicles to the main office and to the PNP:
the applicant shall secure a permit from the PNP, which office
Provided, further, That the original copy of the certificate of
shall in turn furnish the LTO pertinent data concerning the motor
registration shall be given to the registered owner, the second
vehicle engines including their type, make and serial numbers.
copy shall be retained with the LTO and the third copy shall be
submitted to the PNP. Moreover, it shall be unlawful for any
person or employee who willfully encodes in the registry of Section 13. Clearance Required for Shipment of Motor
motor vehicles a non-existing vehicle or without history, new Vehicles, Motor Vehicle Engines, Engine Blocks, Chassis
identity of already existing vehicle or double/multiple registration or Body – The Philippine Ports Authority (PPA) shall submit a
(“KAMBAL”) of vehicle. report to the PNP within seven (7) days upon boarding all motor
vehicles being boarded the “RORO”, ferry, boat, vessel or ship
for interisland and international shipment. The PPA shall not
Section 8. Registration of Sale, Transfer, Conveyance of a
allow the loading of motor vehicles in all interisland and
Motor Vehicle, Substitution or Replacement of a Motor
international shipping vessels without a motor vehicle clearance
Vehicle Engine, Engine Block or Chassis – Every sale,
from the PNP, except cargo trucks and other trucks carrying
transfer, conveyance of a motor vehicle, substitution or
goods, Land Transportation Franchising and Regulatory Board
replacement of a motor vehicle engine, engine block or chassis
(LTFRB)-accredited public utility vehicles (PUV) and other motor
of a motor vehicle shall be registered with the LTO within twenty
vehicles carrying foodstuff and dry goods.
(20) working days upon purchase/acquisition of a motor vehicle
and substitution or replacement of a motor vehicle engine,
engine block or chassis. A motor vehicle, motor vehicle engine, Section 14. Defacing or Tampering with Serial Numbers of
engine block or chassis not registered with the LTO shall be Motor Vehicle Engines, Engine Blocks and Chassis. – It
presumed as a carnapped vehicle, an untaxed imported vehicle, shall be unlawful for any person to deface or otherwise tamper
or a vehicle proceeding from illegal sources unless proven with the original or registered serial number of motor vehicle
otherwise and shall be confiscated in favor of the government. engines, engine blocks and chassis.

Section 9. Duty of Collector of Customs to Report. – Within Section 15. Identity Transfer. – It shall be unlawful for any
seven (7) days after the arrival of an imported vehicle, motor person, office or entity to cause and/or allow the sale,
vehicle engine, engine block, chassis or body, the Collector of registration, and/or transfer into another name, the chassis
Customs of a principal port of entry where the imported vehicle number, engine number and plate number of a motor vehicle
or parts enumerated above are unloaded shall report the declared as “total wreck” or beyond economic repair by
shipment to the LTO, specifying the make, type and serial concerned insurance company, and/or law enforcement
numbers, if any, of the motor vehicle, motor vehicle engine, agencies, due to its involvement in a vehicular accident or for
engine block, chassis or body, and stating the names and some other causes. The LTO shall cancel the registration of total
addresses of the owner or consignee thereof. If the motor wreck vehicle as reported by the PNP and/or as declared by the
vehicle, motor vehicle engine, engine block, chassis or body does Insurance Commission.
not bear any serial number, the Collector of Customs concerned
shall hold the motor vehicle, motor vehicle engine, engine block,
Section 16. Transfer of Vehicle Plate. – It shall be unlawful for
chassis or body until it is numbered by the LTO: Provided, That a
any person, office or entity to transfer or use a vehicle plate from
PNP clearance shall be required prior to engraving the engine or
one vehicle to another without securing the proper authority
chassis number.
from the LTO.

Section 10. Duty of Importers, Distributors and Sellers of

Section 17. Sale of Second Hand Spare Parts. – It shall be
Motor Vehicles to Keep Record of Stocks. – Any person
unlawful for any person, office or entity to buy and/or sell any
engaged in the importation, distribution, and buying and selling
second hand spare parts taken from a carnapped vehicle.
of motor vehicles, motor vehicle engines, engine blocks, chassis
or body shall keep a permanent record of one’s stocks, stating
therein their type, make and serial numbers, and the names and Section 18. Foreign Nationals. – Foreign nationals convicted
addresses of the persons from whom they were acquired and the under the provisions of this Act shall be deported immediately
names and addresses of the persons to whom they are sold, and after service of sentence without further proceedings by the
Bureau of Immigration.
Section 19. Reward. – Any person who voluntarily gives Sec. 3. Penalties. Any person guilty of fencing shall be punished
information leading to the recovery of carnapped vehicles and as hereunder indicated:
for the apprehension of the persons charged with carnapping
shall be given monetary reward as the PNP may determine. The
(a) The penalty of prision mayor, if the value of the property
PNP shall include in their annual budget the amount necessary to
involved is more than 12,000 pesos but not exceeding 22,000
carry out the purposes of this section. Any information given by
pesos; if the value of such property exceeds the latter sum, the
informers shall be treated as confidential matter.
penalty provided in this paragraph shall be imposed in its
maximum period, adding one year for each additional 10,000
Section 20. Implementing Rules and Regulations. – The PNP pesos; but the total penalty which may be imposed shall not
together with the Department of Transportation and exceed twenty years. In such cases, the penalty shall be termed
Communications, LTO, Philippine Coast Guard, Maritime Industry reclusion temporal and the accessory penalty pertaining thereto
Authority, Bureau of Customs and relevant motorists and provided in the Revised Penal Code shall also be imposed.
automotive sectors shall, within sixty (60) days from the
effectivity of this Act, after unanimous approval, promulgate the
(b) The penalty of prision correccional in its medium and
necessary implementing rules and regulations to effectively
maximum periods, if the value of the property robbed or stolen is
carry out the provisions of this Act, including the setting up of a
more than 6,000 pesos but not exceeding 12,000 pesos.
coordinated online access and the effective clearance system
mentioned in Section 12 of this Act to expedite motor vehicle
data and details verification. (c) The penalty of prision correccional in its minimum and
medium periods, if the value of the property involved is more
than 200 pesos but not exceeding 6,000 pesos.
Section 22. Repealing Clause. – Republic Act No. 6539, otherwise
known as the “Anti-Carnapping Act of 1972”, is hereby repealed.
All laws, executive orders, rules and regulations or parts thereof (d) The penalty of arresto mayor in its medium period to prision
inconsistent with the provisions of this Act are hereby amended correccional in its minimum period, if the value of the property
or repealed accordingly. involved is over 50 pesos but not exceeding 200 pesos.

Section 23. Effectivity. – This Act shall take effect fifteen (15) (e) The penalty of arresto mayor in its medium period if such
days after its publication in the Official Gazette or in two (2) value is over five (5) pesos but not exceeding 50 pesos.
newspapers of general circulation, whichever comes earlier.
(f) The penalty of arresto mayor in its minimum period if such
Approved: July 17, 2016 value does not exceed 5 pesos.

Sec. 4. Liability of Officials of Juridical Persons. If the fence

__________________________________________________________
is a partnership, firm, corporation or association, the president or
PRESIDENTIAL DECREE No. 1612
the manager or any officer thereof who knows or should have
ANTI-FENCING LAW OF 1979
known the commission of the offense shall be liable.
WHEREAS, reports from law enforcement agencies reveal that
there is rampant robbery and thievery of government and
private properties; Sec. 5. Presumption of Fencing. Mere possession of any good,
article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of
WHEREAS, such robbery and thievery have become profitable on
fencing.
the part of the lawless elements because of the existence of
ready buyers, commonly known as fence, of stolen properties;
Sec. 6. Clearance/Permit to Sell/Used Second Hand
Articles. For purposes of this Act, all stores, establishments or
WHEREAS, under existing law, a fence can be prosecuted only as
entities dealing in the buy and sell of any good, article item,
an accessory after the fact and punished lightly;
object of anything of value obtained from an unlicensed dealer or
supplier thereof, shall before offering the same for sale to the
WHEREAS, is imperative to impose heavy penalties on persons public, secure the necessary clearance or permit from the station
who profit by the effects of the crimes of robbery and theft. commander of the Integrated National Police in the town or city
where such store, establishment or entity is located. The Chief of
Constabulary/Director General, Integrated National Police shall
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
promulgate such rules and regulations to carry out the provisions
Philippines by virtue of the powers vested in me by the
of this section. Any person who fails to secure the clearance or
Constitution, do hereby order and decree as part of the law of
permit required by this section or who violates any of the
the land the following:
provisions of the rules and regulations promulgated thereunder
shall upon conviction be punished as a fence.
Section 1. Title. This decree shall be known as the Anti-Fencing
Law.
Sec. 7. Repealing Clause. All laws or parts thereof, which are
inconsistent with the provisions of this Decree are hereby
Sec. 2. Definition of Terms. The following terms shall mean as repealed or modified accordingly.
follows:
Sec. 8. Effectivity. This Decree shall take effect upon approval.
(a) "Fencing" is the act of any person who, with intent to gain
for himself or for another, shall buy, receive, possess, keep,
Done in the City of Manila, this 2nd day of March, in the year of
acquire, conceal, sell or dispose of, or shall buy and sell, or in
Our Lord, nineteen hundred and seventy-nine.
any other manner deal in any article, item, object or anything of
value which he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft. RULES AND REGULATIONS TO CARRY OUT THE
PROVISIONS OF Sec. 6 OF PRESIDENTIAL DECREE NO.
1612, KNOWN AS THE ANTI-FENCING LAW.
(b) "Fence" includes any person, firm, association corporation or
partnership or other organization who/which commits the act of
fencing. Pursuant to Sec. 6 of Presidential Decree No. 1612, known as the
Anti-Fencing Law, the following rules and regulations are hereby
promulgated to govern the issuance of clearances/permits to sell (a) A complete inventory of such articles acquired daily from
used secondhand articles obtained from an unlicensed dealer or whatever source and the names and addresses of the persons
supplier thereof: from whom such articles were acquired.

I. Definition of Terms (b) A full list of articles to be sold or offered for sale as well as
the place where the date when the sale or offer for sale shall
commence.
1. "Used secondhand article" shall refer to any goods, article,
item, object or anything of value obtained from an unlicensed
dealer or supplier, regardless of whether the same has actually (c) The place where the articles are presently deposited or kept
or in fact been used. in stock.

2. "Unlicensed dealer/supplier" shall refer to any persons, The Station Commander may, at his discretion when the
partnership, firm, corporation, association or any other entity or circumstances of each case warrant, require that the affidavit
establishment not licensed by the government to engage in the submitted be accompanied by other documents showing proof of
business of dealing in or of supplying the articles defined in the legitimacy of the acquisition of the articles.
preceding paragraph.
2. A party required to secure a clearance or permit under these
3. "Store", "establishment" or "entity" shall be construed to rules and regulations shall file an application therefor with the
include any individual dealing in the buying and selling used Station Commander concerned. The application shall state:
secondhand articles, as defined in paragraph hereof.
(a) The name, address and other pertinent circumstances of the
4. "Buy and Sell" refer to the transaction whereby one persons, in case of an individual or, in the case of a firm,
purchases used secondhand articles for the purpose of resale to corporation, association, partnership or other entity, the name,
third persons. address and other pertinent circumstances of the president,
manager or officer-in-charge.
5. "Station Commander" shall refer to the Station Commander
of the Integrated National Police within the territorial limits of the (b) The article to be sold or offered for sale to the public and the
town or city district where the store, establishment or entity name and address of the unlicensed dealer or supplier from
dealing in the buying and selling of used secondhand articles is whom such article was acquired.
located.
In support of the application, there shall be attached to it the
II. Duty to Procure Clearance or Permit corresponding receipt or other equivalent document to show
proof of the legitimacy of acquisition of the article.
1. No person shall sell or offer to sell to the public any used
secondhand article as defined herein without first securing a 3. The Station Commander shall examine the documents
clearance or permit for the purpose from the proper Station attached to the application and may require the presentation of
Commander of the Integrated National Police. other additional documents, if necessary, to show satisfactory
proof of the legitimacy of acquisition of the article, subject to the
following conditions:
2. If the person seeking the clearance or permit is a partnership,
firm, corporation, or association or group of individuals, the
clearance or permit shall be obtained by or in the name of the (a) If the legitimacy of acquisition of any article from an
president, manager or other responsible officer-in-charge unlicensed source cannot be satisfactorily established by the
thereof. documents presented, the Station Commander shall, upon
approval of the INP Superintendent in the district and at the
expense of the party seeking the clearance/permit, cause the
3. If a store, firm, corporation, partnership, association or other
publication of a notice in a newspaper of general circulation for
establishment or entity has a branch or subsidiary and the used
two (2) successive days enumerating therein the articles
secondhand article is acquired by such branch or subsidiary for
acquired from an unlicensed dealer or supplier, the names and
sale to the public, the said branch or subsidiary shall secure the
addresses of the persons from whom they were acquired and
required clearance or permit.
shall state that such articles are to be sold or offered for sale to
the public at the address of the store, establishment or other
4. Any goods, article, item, or object or anything of value entity seeking the clearance/permit. In places where no
acquired from any source for which no receipt or equivalent newspapers are in general circulation, the party seeking the
document evidencing the legality of its acquisition could be clearance or permit shall, instead, post a notice daily for one
presented by the present possessor or holder thereof, or the week on the bulletin board of the municipal building of the town
covering receipt, or equivalent document, of which is fake, where the store, firm, establishment or entity concerned is
falsified or irregularly obtained, shall be presumed as having located or, in the case of an individual, where the articles in his
been acquired from an unlicensed dealer or supplier and the possession are to be sold or offered for sale.
possessor or holder thereof must secure the required clearance
or permit before the same can be sold or offered for sale to the
(b) If after 15 days, upon expiration of the period of publication
public.
or of the notice referred to in the preceding paragraph, no claim
is made with respect to any of the articles enumerated in the
III. Procedure for Procurement of Clearances or Permits notice, the Station Commander shall issue the clearance or
permit sought.
1. The Station Commanders concerned shall require the owner of
a store or the president, manager or responsible officer-in-charge (c) If, before expiration of the same period for publication of the
of a firm, establishment or other entity located within their notice or its posting, it shall appear that any of the articles in
respective jurisdictions and in possession of or having in stock question is stolen property, the Station Commander shall hold
used secondhand articles as defined herein, to submit an initial the article in restraint as evidence in any appropriate case to be
affidavit within thirty (30) days from receipt of notice for the filed. Articles held in restraint shall be kept and disposed of as
purpose thereof and subsequent affidavits once every fifteen the circumstances of each case permit, taking into account all
(15) days within five (5) days after the period covered, which considerations of right and justice in the case. In any case where
shall contain: any article is held in restraint, it shall be the duty of the Station
Commander concerned to advise/notify the Commission on Audit VI. Visitorial Power
of the case and comply with such procedure as may be proper
under applicable existing laws, rules and regulations.
It shall be the duty of the owner of the store or of the president,
manager or responsible officer-in-charge of any firm,
4. The Station Commander concerned shall, within seventy-two establishment or other entity or of an individual having in his
(72) hours from receipt of the application, act thereon by either premises articles to be sold or offered for sale to the public to
issuing the clearance/permit requested or denying the same. allow the Station Commander or his authorized representative to
Denial of an application shall be in writing and shall state in brief exercise visitorial powers. For this purpose, however, the power
the reason/s therefor. to conduct visitations shall be exercise only during office or
business hours and upon authority in writing from and by the INP
Superintendent in the district and for the sole purpose of
5. The application, clearance/permit or the denial thereof,
determining whether articles are kept in possession or stock
including such other documents as may be pertinent in the
contrary to the intents of Sec. 6 of P.D. No. 1612 and of these
implementation of Sec. 6 of P.D. No. 1612 shall be in the forms
rules and regulations.
prescribed in Annexes "A", "B", "C", "D", and "E" hereof, which
are made integral parts of these rules and regulations.
VII. Other Duties Imposed Upon Station Commanders and
INP District Superintendent and Directors Following
6. For the issuance of clearances/permit required under Sec. 6 of
Action on Applications for Clearances or Permits
P.D. No. 1612, no fee shall be charged.

1. At the end of each month, it shall be the duty of the Station

IV. Appeals
Commander concerned to:

Any party aggrieved by the action taken by the Station

(a) Make and maintain a file in his office of all clearances/permit
Commander may elevate the decision taken in the case to the
issued by him.
proper INP District Superintendent and, if he is still dissatisfied
therewith may take the same on appeal to the INP Director. The
decision of the INP Director may also be appealed to the INP (b) Submit a full report to the INP District Superintendent on the
Director-General whose decision may likewise be appealed to the number of applications for clearances or permits processed by
Minister of National Defense. The decision of the Minister of his office, indicating therein the number of clearances/permits
National Defense on the case shall be final. The appeal against issued and the number of applications denied. The report shall
the decision taken by a Commander lower than the INP Director- state the reasons for denial of an application and the
General should be filed to the next higher Commander within ten corresponding follow-up actions taken and shall be accompanied
(10) days from receipt of notice of the decision. The decision of by an inventory of the articles to be sold or offered for sale in his
the INP Director-General should be appealed within fifteen (15) jurisdiction.
days from receipt of notice of the decision.
2. The INP District Superintendent shall, on the basis of the
V. Penalties reports submitted by the Station Commander, in turn submit
quarterly reports to the appropriate INP Director containing a
consolidation of the information stated in the reports of Station
1. Any person who fails to secure the clearance or permit
Commanders in his jurisdiction.
required by Sec. 6 of P.D. 1612 or who violates any of the
provisions of these rules and regulations shall upon conviction be
punished as a fence. 3. Reports from INP District Superintendent shall serve as basis
for a consolidated report to be submitted semi-annually by INP
Directors to the Director-General, Integrated National Police.
2. The INP Director-General shall recommend to the proper
authority the cancellation of the business license of the erring
individual, store, establishment or the entity concerned. 4. In all cases, reports emanating from the different levels of the
Integrated National Police shall be accompanied with full and
accurate inventories of the articles acquired from unlicensed
3. Articles obtained from unlicensed sources for sale or offered
dealers or suppliers and proposed to be sold or offered for sale in
for sale without prior compliance with the provisions of Sec. 6 of
the jurisdictions covered by the report.
P.D. No. 1612 and with these rules and regulations shall be held
in restraint until satisfactory evidence or legitimacy of acquisition
has been established. --------------------------------------------------------

4. Articles for which no satisfactory evidence of legitimacy of REPUBLIC ACT No. 10364
acquisition is established and which are found to be stolen
property shall likewise be held under restraint and shall, AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED
furthermore, be subject to confiscation as evidence in the "AN ACT TO INSTITUTE POLICIES TO ELIMINATE
appropriate case to be filed. If, upon termination of the case, the
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
same is not claimed by their legitimate owners, the article/s shall
be forfeited in favor of the government and made subject to CHILDREN, ESTABLISHING THE NECESSARY
disposition as the circumstances warrant in accordance with INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
applicable existing laws, rules and regulations. The Commission SUPPORT OF TRAFFICKED PERSONS, PROVIDING
on Audit shall, in all cases, be notified. PENALTIES FOR ITS VIOLATIONS AND FOR OTHER
PURPOSES"
5. Any personnel of the Integrated National Police found violating
the provisions of Sec. 6 of P.D. No. 1612 or any of its Section 1. Short Title. – This Act shall be known as the
implementing rules and regulations or who, in any manner "Expanded Anti-Trafficking in Persons Act of 2012″.
whatsoever, connives with or through his negligence or inaction
makes possible the commission of such violations by any party Section 2. Section 2 of Republic Act No. 9208 is hereby amended
required to comply with the law and its implementing rules and
to read as follows:
regulations, shall be prosecuted criminally without prejudice to
the imposition of administrative penalties.
"SEC. 2. Declaration of Policy. – It is hereby declared that the
State values the dignity of every human person and guarantees
the respect of individual rights. In pursuit of this policy, the State "(e) Slavery – refers to the status or condition of a person over
shall give highest priority to the enactment of measures and whom any or all of the powers attaching to the right of ownership
development of programs that will promote human dignity, are exercised.
protect the people from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate pressures for "(f) Involuntary Servitude – refers to a condition of enforced
involuntary migration and servitude of persons, not only to and compulsory service induced by means of any scheme, plan
support trafficked persons but more importantly, to ensure their or pattern, intended to cause a person to believe that if he or she
recovery, rehabilitation and reintegration into the mainstream of did not enter into or continue in such condition, he or she or
society. another person would suffer serious harm or other forms of
abuse or physical restraint, or threat of abuse or harm, or
"It shall be a State policy to recognize the equal rights and coercion including depriving access to travel documents and
inherent human dignity of women and men as enshrined in the withholding salaries, or the abuse or threatened abuse of the
United Nations Universal Declaration on Human Rights, United legal process.
Nations Convention on the Elimination of All Forms of
Discrimination Against Women, United Nations Convention on "(g) Sex Tourism – refers to a program organized by travel and
the Rights of the Child, United Nations Convention on the tourism-related establishments and individuals which consists of
Protection of Migrant Workers and their Families, United Nations tourism packages or activities, utilizing and offering escort and
Convention Against Transnational Organized Crime Including its sexual services as enticement for tourists. This includes sexual
Protocol to Prevent, Suppress and Punish Trafficking in Persons, services and practices offered during rest and recreation periods
Especially Women and Children and all other relevant and for members of the military.
universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory." "(h) Sexual Exploitation – refers to participation by a person in
prostitution, pornography or the production of pornography, in
Section 3. Section 3 of Republic Act No. 9208 is hereby amended exchange for money, profit or any other consideration or where
to read as follows: the participation is caused or facilitated by any means of
intimidation or threat, use of force, or other forms of coercion,
"SEC. 3. Definition of Terms. – As used in this Act: abduction, fraud, deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the vulnerability
"(a) Trafficking in Persons – refers to the recruitment, of the person, or giving or receiving of payments or benefits to
obtaining, hiring, providing, offering, transportation, transfer, achieve the consent of a person having control over another
maintaining, harboring, or receipt of persons with or without the person; or in sexual intercourse or lascivious conduct caused or
victim’s consent or knowledge, within or across national borders facilitated by any means as provided in this Act.
by means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking "(i) Debt Bondage – refers to the pledging by the debtor of
advantage of the vulnerability of the person, or, the giving or his/her personal services or labor or those of a person under
receiving of payments or benefits to achieve the consent of a his/her control as security or payment for a debt, when the
person having control over another person for the purpose of length and nature of services is not clearly defined or when the
exploitation which includes at a minimum, the exploitation or the value of the services as reasonably assessed is not applied
prostitution of others or other forms of sexual exploitation, toward the liquidation of the debt.
forced labor or services, slavery, servitude or the removal or sale
of organs. "(j) Pornography – refers to any representation, through
publication, exhibition, cinematography, indecent shows,
"The recruitment, transportation, transfer, harboring, adoption or information technology, or by whatever means, of a person
receipt of a child for the purpose of exploitation or when the engaged in real or simulated explicit sexual activities or any
adoption is induced by any form of consideration for exploitative representation of the sexual parts of a person for primarily
purposes shall also be considered as ‘trafficking in persons’ even sexual purposes.
if it does not involve any of the means set forth in the preceding
paragraph. "(k) Council – shall mean the Inter-Agency Council Against
Trafficking created under Section 20 of this Act."
"(b) Child – refers to a person below eighteen (18) years of age
or one who is over eighteen (18) but is unable to fully take care Section 4. Section 4 of Republic Act No. 9208 is hereby amended
of or protect himself/herself from abuse, neglect, cruelty, to read as follows:
exploitation, or discrimination because of a physical or mental
disability or condition. "SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful
for any person, natural or juridical, to commit any of the
"(c) Prostitution – refers to any act, transaction, scheme or following acts:
design involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money, profit "(a) To recruit, obtain, hire, provide, offer, transport, transfer,
or any other consideration. maintain, harbor, or receive a person by any means, including
those done under the pretext of domestic or overseas
"(d) Forced Labor – refers to the extraction of work or services employment or training or apprenticeship, for the purpose of
from any person by means of enticement, violence, intimidation prostitution, pornography, or sexual exploitation;
or threat, use of, force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage
or deception including any work or service extracted from any
person under the menace of penalty.
"(b) To introduce or match for money, profit, or material, "(3) The use, procuring or offering of a child for the production
economic or other consideration, any person or, as provided for and trafficking of drugs; and
under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, "(4) The use, procuring or offering of a child for illegal activities
offering, selling or trading him/her to engage in prostitution, or work which, by its nature or the circumstances in which it is
pornography, sexual exploitation, forced labor, slavery, carried out, is likely to harm their health, safety or morals; and
involuntary servitude or debt bondage;
"(l) To organize or direct other persons to commit the offenses
"(c) To offer or contract marriage, real or simulated, for the defined as acts of trafficking under this Act."
purpose of acquiring, buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual exploitation, forced Section 5. A new Section 4-A is hereby inserted in Republic Act
labor or slavery, involuntary servitude or debt bondage; No. 9208, to read as follows:

"(d) To undertake or organize tours and travel plans consisting of "SEC. 4-A. Attempted Trafficking in Persons. – Where there
tourism packages or activities for the purpose of utilizing and are acts to initiate the commission of a trafficking offense but the
offering persons for prostitution, pornography or sexual offender failed to or did not execute all the elements of the
exploitation; crime, by accident or by reason of some cause other than
voluntary desistance, such overt acts shall be deemed as an
"(e) To maintain or hire a person to engage in prostitution or attempt to commit an act of trafficking in persons. As such, an
pornography; attempt to commit any of the offenses enumerated in Section 4
of this Act shall constitute attempted trafficking in persons.
"(f) To adopt persons by any form of consideration for
exploitative purposes or to facilitate the same for purposes of "In cases where the victim is a child, any of the following acts
prostitution, pornography, sexual exploitation, forced labor, shall also be deemed as attempted trafficking in persons:
slavery, involuntary servitude or debt bondage;
"(a) Facilitating the travel of a child who travels alone to a
"(g) To adopt or facilitate the adoption of persons for the purpose foreign country or territory without valid reason therefor and
of prostitution, pornography, sexual exploitation, forced labor, without the required clearance or permit from the Department of
slavery, involuntary servitude or debt bondage; Social Welfare and Development, or a written permit or
justification from the child’s parent or legal guardian;
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor,
maintain, provide, offer, receive or abduct a person, by means of "(b) Executing, for a consideration, an affidavit of consent or a
threat or use of force, fraud, deceit, violence, coercion, or written consent for adoption;
intimidation for the purpose of removal or sale of organs of said
person; "(c) Recruiting a woman to bear a child for the purpose of selling
the child;
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer,
hire, provide, receive or adopt a child to engage in armed "(d) Simulating a birth for the purpose of selling the child; and
activities in the Philippines or abroad;
"(e) Soliciting a child and acquiring the custody thereof through
"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, any means from among hospitals, clinics, nurseries, daycare
hire, provide or receive a person by means defined in Section 3 centers, refugee or evacuation centers, and low-income families,
of this Act for purposes of forced labor, slavery, debt bondage for the purpose of selling the child."
and involuntary servitude, including a scheme, plan, or pattern
intended to cause the person either: Section 6. A new Section 4-B is hereby inserted in Republic Act
No. 9208, to read as follows:
"(1) To believe that if the person did not perform such labor or
services, he or she or another person would suffer serious harm "SEC. 4-B. Accomplice Liability. – Whoever knowingly aids,
or physical restraint; or abets, cooperates in the execution of the offense by previous or
simultaneous acts defined in this Act shall be punished in
"(2) To abuse or threaten the use of law or the legal processes; accordance with the provisions of Section 10(c) of this Act."
and
Section 7. A new Section 4-C is hereby inserted in Republic Act
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, No. 9208, to read as follows:
offer, provide, adopt or receive a child for purposes of
exploitation or trading them, including but not limited to, the act "SEC. 4-C. Accessories. – Whoever has the knowledge of the
of baring and/or selling a child for any consideration or for barter commission of the crime, and without having participated
for purposes of exploitation. Trafficking for purposes of therein, either as principal or as accomplices, take part in its
exploitation of children shall include: commission in any of the following manners:

"(1) All forms of slavery or practices similar to slavery, "(a) By profiting themselves or assisting the offender to profit by
involuntary servitude, debt bondage and forced labor, including the effects of the crime;
recruitment of children for use in armed conflict;
"(b) By concealing or destroying the body of the crime or effects
"(2) The use, procuring or offering of a child for prostitution, for or instruments thereof, in order to prevent its discovery;
the production of pornography, or for pornographic
performances; "(c) By harboring, concealing or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse of
his or her public functions or is known to be habitually guilty of
some other crime.
"Acts defined in this provision shall be punished in accordance shall protect the right to privacy of the trafficked person.
with the provision of Section 10(d) as stated thereto." Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever
Section 8. Section 5 of Republic Act No. 9208 is hereby amended necessary to ensure a fair and impartial proceeding, and after
to read as follows: considering all circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or trial. The name
"SEC. 5. Acts that Promote Trafficking in Persons. – The and personal circumstances of the trafficked person or any other
following acts which promote or facilitate trafficking in persons, information tending to establish the identity of the trafficked
shall be unlawful: person and his or her family shall not be disclosed to the public.

"(b) To produce, print and issue or distribute unissued, tampered "It shall be unlawful for any editor, publisher, and reporter or
or fake counseling certificates, registration stickers, overseas columnist in case of printed materials, announcer or producer in
employment certificates or other certificates of any government case of television and radio, producer and director of a film in
agency which issues these certificates, decals and such other case of the movie industry, or any person utilizing tri-media
markers as proof of compliance with government regulatory and facilities or electronic information technology to cause publicity
pre-departure requirements for the purpose of promoting of the name, personal circumstances, or any information tending
trafficking in persons; to establish the identity of the trafficked person except when the
trafficked person in a written statement duly notarized
"(h) To tamper with, destroy, or cause the destruction of knowingly, voluntarily and willingly waives said confidentiality.
evidence, or to influence or attempt to influence witnesses, in an
investigation or prosecution of a case under this Act; "Law enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners shall be trained on the
"(i) To destroy, conceal, remove, confiscate or possess, or importance of maintaining confidentiality as a means to protect
attempt to destroy, conceal, remove, confiscate or possess, any the right to privacy of victims and to encourage victims to file
actual or purported passport or other travel, immigration or complaints."
working permit or document, or any other actual or purported
government identification, of any person in order to prevent or Section 11. Section 8 of Republic Act No. 9208 is hereby
restrict, or attempt to prevent or restrict, without lawful amended to read as follows:
authority, the person’s liberty to move or travel in order to
maintain the labor or services of that person; or "SEC. 8. Initiation and Prosecution of Cases. –

"(j) To utilize his or her office to impede the investigation, "(a) Initiation of Investigation. – Law enforcement agencies
prosecution or execution of lawful orders in a case under this are mandated to immediately initiate investigation and counter-
Act." trafficking-intelligence gathering upon receipt of statements or
affidavit from victims of trafficking, migrant workers, or their
Section 9. Section 6 of Republic Act No. 9208 is hereby amended families who are in possession of knowledge or information about
to read as follows: trafficking in persons cases.

"SEC. 6. Qualified Trafficking in Persons. – Violations of "(b) Prosecution of Cases. – Any person who has personal
Section 4 of this Act shall be considered as qualified trafficking: knowledge of the commission of any offense under this Act, such
as the trafficked person, the parents, spouse, siblings, children or
"(d) When the offender is a spouse, an ascendant, parent, legal guardian may file a complaint for trafficking.
sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public "(c) Affidavit of Desistance. – Cases involving trafficking in
officer or employee; persons should not be dismissed based on the affidavit of
desistance executed by the victims or their parents or legal
"(f) When the offender is a member of the military or law guardians. Public and private prosecutors are directed to oppose
enforcement agencies; and manifest objections to motions for dismissal.

"(g) When by reason or on occasion of the act of trafficking in "Any act involving the means provided in this Act or any attempt
persons, the offended party dies, becomes insane, suffers thereof for the purpose of securing an Affidavit of Desistance
mutilation or is afflicted with Human Immunodeficiency Virus from the complainant shall be punishable under this Act."
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
Section 12. Section 10 of Republic Act No. 9208 is hereby
"(h) When the offender commits one or more violations of amended to read as follows:
Section 4 over a period of sixty (60) or more days, whether those
days are continuous or not; and "SEC. 10. Penalties and Sanctions. – The following penalties
and sanctions are hereby established for the offenses
"(i) When the offender directs or through another manages the enumerated in this Act:
trafficking victim in carrying out the exploitative purpose of
trafficking." "(a) Any person found guilty of committing any of the acts
enumerated in Section 4 shall suffer the penalty of imprisonment
Section 10. Section 7 of Republic Act No. 9208 is hereby of twenty (20) years and a fine of not less than One million pesos
amended to read as follows: (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
"SEC. 7. Confidentiality. – At any stage of the investigation,
rescue, prosecution and trial of an offense under this Act, law "(b) Any person found guilty of committing any of the acts
enforcement officers, prosecutors, judges, court personnel, social enumerated in Section 4-A of this Act shall suffer the penalty of
workers and medical practitioners, as well as parties to the case, imprisonment of fifteen (15) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) but not more than "SEC. 11. Use of Trafficked Persons. – Any person who buys
One million pesos (P1,000,000.00); or engages the services of a trafficked person for prostitution
shall be penalized with the following: Provided, That the
"(c) Any person found guilty of Section 4-B of this Act shall suffer Probation Law (Presidential Decree No. 968) shall not apply:
the penalty of imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos (P500,000.00) but "(a) Prision Correccional in its maximum period to prision
not more than One million pesos (P1,000,000.00); mayor or six (6) years to twelve (12) years imprisonment and a
fine of not less than Fifty thousand pesos (P50,000.00) but not
"In every case, conviction shall cause and carry the automatic more than One hundred thousand pesos
revocation of the license or registration of the recruitment (P100,000.00): Provided, however, That the following acts shall
agency involved in trafficking. The license of a recruitment be exempted thereto:
agency which trafficked a child shall be automatically revoked.
"(1) If an offense under paragraph (a) involves sexual intercourse
"(d) Any person found, guilty of committing any of the acts or lascivious conduct with a child, the penalty shall be reclusion
enumerated in Section 5 shall suffer the penalty of imprisonment temporal in its medium period to reclusion perpetua or
of fifteen (15) years and a fine of not less than Five hundred seventeen (17) years to forty (40) years imprisonment and a fine
thousand pesos (P500,000.00) but not more than One million of not less than Five hundred thousand pesos (P500,000.00) but
pesos (P1,000,000.00); not more than One million pesos (P1,000,000.00);

"(e) Any person found guilty of qualified trafficking under Section "(2) If an offense under paragraph (a) involves carnal knowledge
6 shall suffer the penalty of life imprisonment and a fine of not of, or sexual intercourse with, a male or female trafficking victim
less than Two million pesos (P2,000,000.00) but not more than and also involves the use of force or intimidation, to a victim
Five million pesos (P5,000,000.00); deprived of reason or to an unconscious victim, or a victim under
twelve (12) years of age, instead of the penalty prescribed in the
"(f) Any person who violates Section 7 hereof shall suffer the subparagraph above the penalty shall be a fine of not less than
penalty of imprisonment of six (6) years and a fine of not less One million pesos (P1,000,000.00) but not more than Five million
than Five hundred thousand pesos (P500,000.00) but not more pesos (P5,000,000.00) and imprisonment
than One million pesos (P1,000,000.00); of reclusion perpetua or forty (40) years imprisonment with no
possibility of parole; except that if a person violating paragraph
"(g) If the offender is a corporation, partnership, association, (a) of this section knows the person that provided prostitution
club, establishment or any juridical person, the penalty shall be services is in fact a victim of trafficking, the offender shall not be
imposed upon the owner, president, partner, manager, and/or likewise penalized under this section but under Section 10 as a
any responsible officer who participated in the commission of the person violating Section 4; and if in committing such an offense,
crime or who shall have knowingly permitted or failed to prevent the offender also knows a qualifying circumstance for trafficking,
its commission; the offender shall be penalized under Section 10 for qualified
trafficking. If in violating this section the offender also violates
"(h) The registration with the Securities and Exchange Section 4, the offender shall be penalized under Section 10 and,
Commission (SEC) and license to operate of the erring agency, if applicable, for qualified trafficking instead of under this
corporation, association, religious group, tour or travel agent, section;
club or establishment, or any place of entertainment shall be
cancelled and revoked permanently. The owner, president, "(b) Deportation. – If a foreigner commits any offense
partner or manager thereof shall not be allowed to operate described by paragraph (1) or (2) of this section or violates any
similar establishments in a different name; pertinent provision of this Act as an accomplice or accessory to,
or by attempting any such offense, he or she shall be
"(i) If the offender is a foreigner, he or she shall be immediately immediately deported after serving his or her sentence and be
deported after serving his or her sentence and be barred barred permanently from entering the country; and
permanently from entering the country;
"(c) Public Official. – If the offender is a public official, he or
"(j) Any employee or official of government agencies who shall she shall be dismissed from service and shall suffer perpetual
issue or approve the issuance of travel exit clearances, absolute disqualification to hold public, office, in addition to any
passports, registration certificates, counseling certificates, imprisonment or fine received pursuant to any other provision of
marriage license, and other similar documents to persons, this Act."
whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe Section 14. Section 12 of Republic Act No. 9208 is hereby
the prescribed procedures and the requirement as provided for amended to read as follows:
by laws, rules and regulations, shall be held administratively
liable, without prejudice to criminal liability under this Act. The "SEC. 12. Prescriptive Period. – Trafficking cases under this
concerned government official or employee shall, upon Act shall prescribe in ten (10) years: Provided, however, That
conviction, be dismissed from the service and be barred trafficking cases committed by a syndicate or in a large scale as
permanently to hold public office. His or her retirement and other defined under Section 6, or against a child, shall prescribe in
benefits shall likewise be forfeited; and twenty (20) years.

"(k) Conviction, by final judgment of the adopter for any offense "The prescriptive period shall commence to run from the day on
under this Act shall result in the immediate rescission of the which the trafficked person is delivered or released from the
decree of adoption." conditions of bondage, or in the case of a child victim, from the
day the child reaches the age of majority, and shall be
Section 13. Section 11 of Republic Act No. 9208 is hereby interrupted by the filing of the complaint or information and shall
amended to read as follows: commence to run again when the proceedings terminate without
the accused being convicted or acquitted or are unjustifiably "(c) Department of Labor and Employment (DOLE) – shall ensure
stopped for any reason not imputable to the accused." the strict implementation and compliance with the rules and
guidelines relative to the employment of persons locally and
Section 15. Section 16 of Republic Act No. 9208 is hereby overseas. It shall likewise monitor, document and report cases of
amended to read as follows: trafficking in persons involving employers and labor recruiters.

"SEC. 16. Programs that Address Trafficking in Persons. – "(d) Department of Justice (DOJ) – shall ensure the
The government shall establish and implement preventive, prosecution of persons accused of trafficking and designate and
protective and rehabilitative programs for trafficked persons. For train special prosecutors who shall handle and prosecute cases
this purpose, the following agencies are hereby mandated to of trafficking. It shall also establish a mechanism for free legal
implement the following programs: assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and
"(a) Department of Foreign Affairs (DFA) – shall make volunteer groups.
available its resources and facilities overseas for trafficked
persons regardless of their manner of entry to the receiving "(e) Philippine Commission on Women (PCW) – shall
country, and explore means to further enhance its assistance in actively participate and coordinate in the formulation and
eliminating trafficking activities through closer networking with monitoring of policies addressing the issue of trafficking in
government agencies in the country and overseas, particularly in persons in coordination with relevant government agencies. It
the formulation of policies and implementation of relevant shall likewise advocate for the inclusion of the issue of trafficking
programs. It shall provide Filipino victims of trafficking overseas in persons in both its local and international advocacy for
with free legal assistance and counsel to pursue legal action women’s issues.
against his or her traffickers, represent his or her interests in any
criminal investigation or prosecution, and assist in the "(f) Bureau of Immigration (BI) – shall strictly administer and
application for social benefits and/or regular immigration status enforce immigration and alien administration laws. It shall adopt
as may be allowed or provided for by the host country. The DFA measures for the apprehension of suspected traffickers both at
shall repatriate trafficked Filipinos with the consent of the the place of arrival and departure and shall ensure compliance
victims. by the Filipino fiancés/fiancées and spouses of foreign nationals
with the guidance and counseling requirement as provided for in
"The DFA shall take necessary measures for the efficient this Act.
implementation of the Electronic Passporting System to protect
the integrity of Philippine passports, visas and other travel "(g) Philippine National Police (PNP) and National Bureau
documents to reduce the incidence of trafficking through the use of Investigation (NBI) – shall be the primary law enforcement
of fraudulent identification documents. agencies to undertake surveillance, investigation and arrest of
individuals or persons suspected to be engaged in trafficking.
"In coordination with the Department of Labor and Employment, They shall closely coordinate with each other and with other law
it shall provide free temporary shelters and other services to enforcement agencies to secure concerted efforts for effective
Filipino victims of trafficking overseas through the migrant investigation and apprehension of suspected traffickers. They
workers and other overseas Filipinos resource centers shall also establish a system to receive complaints and calls to
established overseas under Republic Act No. 8042, as amended. assist trafficked persons and conduct rescue operations.

"(b) Department of Social Welfare and Development "(h) Philippine Overseas Employment Administration
(DSWD) – shall implement rehabilitative and protective (POEA) and Overseas Workers and Welfare
programs for trafficked persons. It shall provide counseling and Administration (OWWA) – POEA shall implement Pre-
temporary shelter to trafficked persons and develop a system for Employment Orientation Seminars (PEOS) while Pre-Departure
accreditation among NGOs for purposes of establishing centers Orientation Seminars (PDOS) shall be conducted by the OWWA. It
and programs for intervention in various levels of the shall likewise formulate a system of providing free legal
community. It shall establish free temporary shelters, for the assistance to trafficked persons, in coordination with the DFA.
protection and housing of trafficked persons to provide the
following basic services to trafficked persons: "The POEA shall create a blacklist of recruitment agencies, illegal
recruiters and persons facing administrative, civil and criminal
"(1) Temporary housing and food facilities; complaints for trafficking filed in the receiving country and/or in
the Philippines and those agencies, illegal recruiters and persons
"(2) Psychological support and counseling; involved in cases of trafficking who have been rescued by the
DFA and DOLE in the receiving country or in the Philippines even
"(3) 24-hour call center for crisis calls and technology-based if no formal administrative, civil or criminal complaints have
counseling and referral system; been filed: Provided, That the rescued victims shall execute an
affidavit attesting to the acts violative of the anti-trafficking law.
"(4) Coordination with local law enforcement entities; and This blacklist shall be posted in conspicuous places in concerned
government agencies and shall be updated bi-monthly.
"(5) Coordination with the Department of Justice, among others.
"The blacklist shall likewise be posted by the POEA in the shared
"The DSWD must conduct information campaigns in communities government information system, which is mandated to be
and schools teaching parents and families that receiving established under Republic Act No. 8042, as amended.
consideration in exchange for adoption is punishable under the
law. Furthermore, information campaigns must be conducted "The POEA and OWWA shall accredit NGOs and other service
with the police that they must not induce poor women to give providers to conduct PEOS and PDOS, respectively. The PEOS
their children up for adoption in exchange for consideration. and PDOS should include the discussion and distribution of the
blacklist.
"The license or registration of a recruitment agency that has and/or pending before the courts and the number of convictions
been blacklisted may be suspended by the POEA upon a review and acquittals;
of the complaints filed against said agency.
"(b) The profile/information on each case;
"(i) Department of the Interior and Local Government (DILG) –
shall institute a systematic information and prevention campaign "(c) The number of victims of trafficking in persons referred to
in coordination with pertinent agencies of government as the agency by destination countries/areas and by area of origin;
provided for in this Act. It shall provide training programs to local and
government units, in coordination with the Council, in ensuring
wide understanding and application of this Act at the local level. "(d) Disaggregated data on trafficking victims and the
accused/defendants."
"(j) Commission on Filipinos Overseas – shall conduct pre-
departure counseling services for Filipinos in intermarriages. It Section 17. Section 17 of Republic Act No. 9208 is hereby
shall develop a system for accreditation of NGOs that may be amended to read as follows:
mobilized for purposes of conducting pre-departure counseling
services for Filipinos in intermarriages. As such, it shall ensure "SEC. 17. Legal Protection to Trafficked Persons.
that the counselors contemplated under this Act shall have the – Trafficked persons shall be recognized as victims of the act or
minimum qualifications and training of guidance counselors as acts of trafficking and as such, shall not be penalized for unlawful
provided for by law. acts committed as a direct result of, or as an incident or in
relation to, being trafficked based on the acts of trafficking
"It shall likewise assist in the conduct of information campaigns enumerated in this Act or in obedience to the order made by the
against trafficking in coordination with local government units, trafficker in relation thereto. In this regard, the consent of a
the Philippine Information Agency, and NGOs. trafficked person to the intended exploitation set forth in this Act
shall be irrelevant.
"(k) Local government units (LGUs) – shall monitor and document
cases of trafficking in persons in their areas of jurisdiction, effect "Victims of trafficking for purposes of prostitution as defined
the cancellation of licenses of establishments which violate the under Section 4 of this Act are not covered by Article 202 of the
provisions of this Act and ensure effective prosecution of such Revised Penal Code and as such, shall not be prosecuted, fined,
cases. They shall also undertake an information campaign or otherwise penalized under the said law."
against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in Section 18. A new Section 17-A is hereby inserted into Republic
municipalities or provinces in coordination with the DILG, Act No. 9208, to read as follows:
Philippine Information Agency (PIA), Commission on Filipinos
Overseas (CFO), NGOs and other concerned agencies. They shall "SEC. 17-A. Temporary Custody of Trafficked Victims. –
encourage and support community-based initiatives which The rescue of victims should be done as much as possible with
address the trafficking in persons. the assistance of the DSWD or an accredited NGO that services
trafficked victims. A law enforcement officer, on a reasonable
"In implementing this Act, the agencies concerned may seek and suspicion that a person is a victim of any offense defined under
enlist the assistance of NGOs, people’s organizations (POs), civic this Act including attempted trafficking, shall immediately place
organizations and other volunteer groups." that person in the temporary custody of the local social welfare
and development office, or any accredited or licensed shelter
Section 16. A new Section 16-A is hereby inserted into Republic institution devoted to protecting trafficked persons after the
Act No. 9208, to read as follows: rescue."

"SEC. 16-A. Anti-Trafficking in Persons Database. – An anti- Section 19. A new Section 17-B is hereby inserted into Republic
trafficking in persons central database shall be established by Act No. 9208, to read as follows:
the Inter-Agency Council Against Trafficking created under
Section 20 of this Act. The Council shall submit a report to the "SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion
President of the Philippines and to Congress, on or before Thereof or Reputation of Victims and of Consent of
January 15 of every year, with respect to the preceding year’s Victims in Cases of Deception, Coercion and Other
programs and data on trafficking-related cases. Prohibited Means. – The past sexual behavior or the sexual
predisposition of a trafficked person shall be considered
"All government agencies tasked under the law to undertake inadmissible in evidence for the purpose of proving consent of
programs and render assistance to address trafficking in persons the victim to engage in sexual behavior, or to prove the
shall develop their respective monitoring and data collection predisposition, sexual or otherwise, of a trafficked person.
systems, and databases, for purposes of ensuring efficient Furthermore, the consent of a victim of trafficking to the
collection and storage of data on cases of trafficking in persons intended exploitation shall be irrelevant where any of the means
handled by their respective offices. Such data shall be submitted set forth in Section 3(a) of this Act has been used."
to the Council for integration in a central database system.
Section 20. A new Section 17-C is hereby inserted into Republic
"For this purpose, the Council is hereby tasked to ensure the Act No. 9208, to read as follows:
harmonization and standardization of databases, including
minimum data requirements, definitions, reporting formats, data "SEC. 17-C. Immunity from Suit, Prohibited Acts and
collection systems, and data verification systems. Such Injunctive Remedies. – No action or suit shall be brought,
databases shall have, at the minimum, the following information: instituted or maintained in any court or tribunal or before any
other authority against any: (a) law enforcement officer; (b)
"(a) The number of cases of trafficking in persons, sorted social worker; or (c) person acting in compliance with a lawful
according to status of cases, including the number of cases order from any of the above, for lawful acts done or statements
being investigated, submitted for prosecution, dropped, and filed made during an authorized rescue operation, recovery or
rehabilitation/intervention, or an investigation or prosecution of executive director, who shall be appointed by the Secretary of
an anti-trafficking case: Provided, That such acts shall have been the DOJ upon the recommendation of the Council. The executive
made in good faith. director must have adequate knowledge on, training and
experience in the phenomenon of and issues involved in
"The prosecution of retaliatory suits against victims of trafficking trafficking in persons and in the field of law, law enforcement,
shall be held in abeyance pending final resolution and decision of social work, criminology, or psychology.
criminal complaint for trafficking.
"The executive director shall be under the supervision of the
"It shall be prohibited for the DFA, the DOLE, and the POEA Inter-Agency Council Against Trafficking through its Chairperson
officials, law enforcement officers, prosecutors and judges to and Co-Chairperson, and shall perform the following functions:
urge complainants to abandon their criminal, civil and
administrative complaints for trafficking. "(a) Act as secretary of the Council and administrative officer of
its secretariat;
"The remedies of injunction and attachment of properties of the
traffickers, illegal recruiters and persons involved in trafficking "(b) Advise and assist the Chairperson in formulating and
may be issued motu proprio by judges." implementing the objectives, policies, plans and programs of the
Council, including those involving mobilization of government
Section 21. Section 20 of Republic Act No. 9208 is hereby offices represented in the Council as well as other relevant
amended to read as follows: government offices, task forces, and mechanisms;

"SEC. 20. Inter-Agency Council Against Trafficking. – There "(c) Serve as principal assistant to the Chairperson in the overall
is hereby established an Inter-Agency Council Against supervision of council administrative business;
Trafficking, to be composed of the Secretary of the Department
of Justice as Chairperson and the Secretary of the Department of "(d) Oversee all council operational activities;
Social Welfare and Development as Co-Chairperson and shall
have the following as members: "(e) Ensure an effective and efficient performance of council
functions and prompt implementation of council objectives,
"(a) Secretary, Department of Foreign Affairs; policies, plans and programs;

"(b) Secretary, Department of Labor and Employment; "(f) Propose effective allocations of resources for implementing
council objectives, policies, plans and programs;
"(c) Secretary, Department of the Interior and Local Government;
"(g) Submit periodic reports to the Council on the progress of
"(d) Administrator, Philippine Overseas Employment council objectives, policies, plans and programs;
Administration;
"(h) Prepare annual reports of all council activities; and
"(e) Commissioner, Bureau of Immigration;
"(i) Perform other duties as the Council may assign."
"(f) Chief, Philippine National Police;
Section 23. A new Section 26-A is hereby inserted into Republic
"(g) Chairperson, Philippine Commission on Women; Act No. 9208, to read as follows:

"(h) Chairperson, Commission on Filipinos Overseas; "SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall
exercise jurisdiction over any act defined and penalized under
"(i) Executive Director, Philippine Center for Transnational this Act, even if committed outside the Philippines and whether
Crimes; and or not such act or acts constitute an offense at the place of
commission, the crime being a continuing offense, having been
"(j) Three (3) representatives from NGOs, who shall include one commenced in the Philippines and other elements having been
(1) representative each from among the sectors representing committed in another country, if the suspect or accused:
women, overseas Filipinos, and children, with a proven record of
involvement in the prevention and suppression of trafficking in "(a) Is a Filipino citizen; or
persons. These representatives shall be nominated by the
government agency representatives of the Council, for "(b) Is a permanent resident of the Philippines; or
appointment by the President for a term of three (3) years.
"(c) Has committed the act against a citizen of the Philippines.
"The members of the Council may designate their permanent
representatives who shall have a rank not lower than an "No prosecution may be commenced against a person under this
assistant secretary or its equivalent to meetings, and shall section if a foreign government, in accordance with jurisdiction
receive emoluments as may be determined by the Council in recognized by the Philippines, has prosecuted or is prosecuting
accordance with existing budget and accounting rules and such person for the conduct constituting such offense, except
regulations." upon the approval of the Secretary of Justice.

Section 22. Section 22 of Republic Act No. 9208 is hereby "The government may surrender or extradite persons accused of
amended to read as follows: trafficking in the Philippines to the appropriate international
court if any, or to another State pursuant to the applicable
"SEC. 22. Secretariat to the Council. – The Department of extradition laws and treaties."
Justice shall establish the necessary Secretariat for the Council.
Section 24. Section 28 of Republic Act No. 9208 is hereby
"The secretariat shall provide support for the functions and amended, to read as follows:
projects of the Council. The secretariat shall be headed by an
"SEC. 28. Funding. – The amount necessary to implement the support trafficked persons but more importantly, to ensure their
provisions of this Act shall be charged against the current year’s recovery, rehabilitation, and reintegration into the mainstream of
appropriations of the Inter-Agency Council Against Trafficking society in a manner that is culturally-responsive, gender- and
under the budget of the DOJ and the appropriations of the other age-appropriate, and disability-inclusive.
concerned departments. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be It shall be a State policy to recognize the equal and inalienable
included in the annual General Appropriations Act."1âwphi1 rights and inherent human dignity of all members of the human
family, as enshrined in the United Nations Universal Declaration
Section 25. A new Section 28-A is hereby inserted into Republic on Human Rights, United Nations Convention on the Elimination
Act No. 9208, to read as follows: of All Forms of Discrimination Against Women, United Nations
Convention on the Rights of the Child and its optional protocols
"SEC. 28-A. Additional Funds for the Council. – The amount to which the Philippines is a party, United Nations Convention on
collected from every penalty, fine or asset derived from any the Protection of Migrant Workers and their Families, United
violation of this Act shall be earmarked as additional funds for Nations Convention Against Transnational Organized Crime
the use of the Council. The fund may be augmented by grants, Including its Protocol to Prevent, Suppress and Punish Trafficking
donations and endowment from various sources, domestic or in Persons, Especially Women and Children, International Labor
foreign, for purposes related to their functions, subject to the Organization Convention No. 182 concerning the Prohibition and
existing accepted rules and regulations of the Commission on Immediate Action for the Elimination of the Worst Forms of Child
Audit." Labor, the UN Global Compact for Safe, Orderly and Regular
Migration, and the Convention for the Suppression of the Traffic
Section 26. Section 32 of Republic Act No. 9208 of the Repealing in Persons and of the Exploitation of the Prostitution of Others,
Clause is hereby amended to read as follows: and all other relevant and universally accepted human rights
instruments and other international conventions to which the
"SEC. 32. Repealing Clause. – Article 202 of the Revised Penal Philippines is a party. In all actions concerning children, their
Code, as amended, and all laws, acts, presidential decrees, best interests shall be the paramount consideration."
executive orders, administrative orders, rules and regulations
inconsistent with or contrary to the provisions of this Act are Section 3. Section 3 of Republic Act No. 9208, as amended, is
deemed amended, modified or repealed hereby further amended to read as follows:
accordingly: Provided, That this Act shall not in any way amend
or repeal the provisions of Republic Act No. 7610, otherwise "Section 3. Definition of Terms. - As used in this Act:
known as the ‘Special Protection of Child Against Child Abuse,
Exploitation and Discrimination Act.’" (a) Trafficking in Persons - refers to the recruitment,
obtaining, hiring, providing, offering, transportation, transfer,
Section 27. Section 33 of Republic Act No. 9208 is hereby maintaining, harboring, or receipt of persons with or without the
amended to read as follows: victim's consent or knowledge, within or across national borders
by means of threat, or use of force, or other forms of coercion,
"SEC. 33. Effectivity. – This Act shall take effect fifteen (15) days abduction, fraud, deception, abuse of power or of position, taking
following its complete publication in at least two (2) newspapers advantage of the vulnerability of the person, or, the giving or
of general circulation." receiving of payments or benefits to achieve the consent of a
person having control over another person, for the purpose of
-------------------------------------------------------- exploitation which includes at a minimum, the exploitation or the
prostitution of others, or the engagement of others for the
REPUBLIC ACT NO. 11862, June 23, 2022 production or distribution, or both, of materials that depict child
sexual abuse or exploitation, or other forms of sexual
AN ACT STRENGTHENING THE POLICIES ON ANTI- exploitation, forced labor or services, slavery, servitude, or the
TRAFFICKING IN PERSONS, PROVIDING PENALTIES FOR removal or sale of organs.
ITS VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9208, The recruitment, transportation, transfer, harboring, adoption or
AS AMENDED, OTHERWISE KNOWN AS THE “ANTI- receipt of a child for the purpose of exploitation or when the
TRAFFICKING IN PERSONS ACT OF 2003”, AND OTHER adoption is induced by any form of consideration for exploitative
SPECIAL LAWS purposes, shall also be considered as 'trafficking in persons' even
if it does not involve any of the means set forth in the preceding
Section 1. Section 1 of Republic Act No. 9208, as amended, is paragraph.
hereby amended to read as follows:
(h) Sexual Exploitation - refers to any means of actual or
"Section 1. Short Title. - This Act shall be known as the attempted abuse of a position of vulnerability, differential power,
'Expanded Anti-Trafficking in Persons Act of 2022.'" or trust, for sexual purposes or lewd designs, including profiting
monetarily, socially, or politically from the sexual exploitation of
Section 2. Section 2 of Republic Act No. 9208, as amended, is another, regardless of whether or not consent was given.
hereby further amended to read as follows:
(j) Pornography - refers to any representation through
"Section 2. Declaration of Policy. - It is hereby declared that the publication, exhibition, cinematography, indecent shows,
State values the dignity of every human person and guarantees information technology, or by whatever means, of a person
the respect of individual rights. In pursuit of this policy, the State engaged in real or simulated explicit sexual activities or any
shall give highest priority to the enactment of measures and representation of the sexual parts of a person primarily for
development of programs that will promote human dignity, sexual purposes: Provided, That when a child is involved, the
protect the people from any threat of violence and exploitation, material shall be considered child sexual abuse and exploitation
eliminate trafficking in persons, and mitigate pressures for material as defined under paragraph (m) of this section.
involuntary migration and servitude of persons, not only to
 (l) Child Laundering - refers to an act of stealing and selling a (3) Internet search engines and portals;
child to adopting parents under false pretenses and using
schemes such as falsifying the child's details or manipulating the (4) E-commerce intermediaries;
child's origins to make the child appear an orphan or foundling.
(5) Internet payment system providers, whether supervised by
(m) Child Sexual Abuse and Exploitation Material or Child the Bangko Sentral ng Pilipinas (BSP) or not; and
Sexual Abuse Material (CSAEM or CSAM) - refers to photos,
images, videos, recordings, streams, or any other representation (6) Participative network platform providers or social media
or form of media, depicting acts of sexual abuse and exploitation intermediaries.
of a child or representation of a child as a sexual object, whether
or not generated digitally or by, through, and with the use of (u) Subscriber's or Registrant's Information - refers to any
information and communications technology. It shall also include information contained in the form of computer data or any other
materials that focus on real or simulated genitalia or other form that is held by internet intermediaries, relating to the
private body parts of a child. subscribers or registrants who avail of services, other than traffic
or content data, and by which any of the following can be
(n) Communications - refer to any spoken or written established:
conversations, exchanges, discussions, data, information, or
messages for interception. (1) The type of communication service used, the technical
provisions taken thereto, and the period of service;
(o) Computer System - refers to any device or group of
interconnected or related devices, one or more of which, (2) The subscriber's or registrant's identity, postal or geographic
pursuant to a program, performs automated processing of data. address, telephone and other access number, any assigned
It covers any type of device with data processing capabilities network address, billing, and payment information that are
including computers and mobile phones. The device consisting of available on the basis of the service agreement or arrangement;
hardware and software may include input, output process, and or
storage components which may stand alone or be connected in a
network or other similar devices. It also includes computer data (3) Any other available information on the site of the installation
storage devices or media. of communication equipment that is available on the basis of the
service agreement or arrangement.
(p) Computer and Other Computer-Related Devices - refer
to any device or group of interconnected or related devices, one (v) Tourism Enterprises - refer to facilities, services, and
or more of which, pursuant to a program, performs automated attractions involved in tourism, such as travel and tour services;
processing of data. It covers any type of device with data health, wellness, and medical tourism services; tourist transport
processing capabilities, including computers and mobile phones. services, whether for land, sea or air transportation; tour guides;
adventure sports services involving sports, such as
(q) Data - refers to both: mountaineering, spelunking, scuba diving, and other sports
activities of significant tourism potential; convention organizers;
(1) Content Data - the substance, meaning or purport of the accommodation establishments, including hotels, resorts,
communication, or the message or information being conveyed apartelles, tourist inns, motels, pension houses, and home stay
by the communication, other than traffic data; and operators; and tourism estate management services,
restaurants, shops and department stores, sports and
(2) Traffic Data or Non-Content Data - any computer data recreational centers, spas, museums and galleries, theme parks,
other than the content of the communication, including the convention centers, and zoos.
communication's origin, destination, route, time, date, size,
duration, or type of underlying service. (w) Online Sexual Abuse and Exploitation of Children
(OSAEC) - refers to the use of digital or analog communication
(r) Information and Communications Technology (ICT) - and ICT as means to abuse and exploit children sexually, which
refers to the totality of electronic means to access, create, includes cases in which contact child abuse or exploitation offline
collect, store, process, receive, transmit, present, and is combined with an online component. This can also include the
disseminate information. production, dissemination, and possession of CSAEM or CSAM;
online grooming of children for sexual purposes; sexual extortion
(s) Interception - refers to the act of listening to, recording, of children; sharing image-based sexual abuse; commercial
monitoring, or surveillance of the content of communications, sexual exploitation of children; exploitation of children through
including procuring of the content data, either directly, through online prostitution; and live-streaming of sexual abuse, with or
access and use of a computer system, or through the use of without the consent of the victim."
electronic eavesdropping or tapping devices, at the same time
that the communication is occurring. Section 4. Section 4 of Republic Act No. 9208, as amended, is
hereby further amended to read as follows:
(t) Internet Intermediaries - refer to a natural or juridical
person, or entity that provides infrastructure, platforms, access "Section 4. Acts of Trafficking in Persons. - It shall be
to host, transmit and index content, products and services unlawful for any person, natural or juridical, to commit by means
originated by third parties on the internet. It includes among of a threat, or use of force, or other forms of coercion, or through
others: abduction, fraud, deception, abuse of power or of position, or
through taking advantage of the vulnerability of the person, or
(1) Internet Service Providers (ISPs); by giving or receiving of payment or benefit to obtain the
consent of a person having control over another person, any of
(2) Data processing and web hosting providers including domain the following acts:
name registrars;
(a) To recruit, obtain, hire, provide, offer, transport, transfer, (l) To organize, provide financial support, or direct other persons
maintain, harbor, or receive a person by any means, including to commit the offenses defined as acts of trafficking under this
those done under the pretext of domestic or overseas Act; and
employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual abuse or exploitation, (m) To recruit, transport, obtain, transfer, harbor, maintain, offer,
production, creation, or distribution of CSAEM or CSAM, forced hire, provide, receive, or adopt a child for deployment abroad as
labor, slavery, involuntary servitude, or debt bondage; migrant worker.

(b) To introduce or match for money, profit, or material, Provided, That when the victim is a child, the means to commit
economic or other consideration, any person or, as provided for these unlawful acts as enumerated in the first paragraph of this
under Republic Act No. 10906 or the Anti-Mail Order Spouse Act, section shall not be necessary: Provided, further, That in the
any Filipino to a foreign national, for marriage for the purpose of case of overseas domestic work, a 'child' means a person below
acquiring, buying, offering, selling or trading him/her to engage twenty-four (24) years old."
in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage; Section 5.Section 5 of Republic Act No. 9208, as amended, is
hereby further amended to read as follows:
xxx
"Section 5. Acts that Promote Trafficking in Persons. - The
(g) To adopt or facilitate the adoption of persons with or without following acts which promote or facilitate trafficking in persons
consideration for the purpose of prostitution, pornography, shall be unlawful:
sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage, or to facilitate illegal child adoptions or child- (a) To knowingly lease or sublease, use, or allow to be used any
laundering, or for other exploitative purposes; house, building, tourism enterprise, or any similar establishment;
or any vehicle or carrier by land, sea, and air; or any of their
(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, computer system or computer hardware, other computer-related
maintain, provide, offer, receive, or abduct a person, for the devices, or any of their digital platform and application, for the
purpose of removal or sale of organs of said person; purpose of promoting trafficking in persons;

(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, (b) To produce, print and issue, or distribute unissued, tampered,
hire, provide, receive, or adopt a child to engage in armed or fake passports, birth certificates, affidavits of delayed
activities or participate in activities in the context of an armed registration of births, foundling certificates, travel clearances,
conflict in the Philippines or abroad; counseling certificates, registration stickers, overseas
employment certificates or other certificates of any government
(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, agency which issues these certificates, decals, and such other
hire, provide, or receive a person by means defined in Section 3 markers as proof of compliance with government regulatory and
of this Act for purposes of forced labor, slavery, debt bondage pre-departure requirements for the purpose of promoting
and involuntary servitude, including a scheme, plan, or pattern trafficking in persons;
intended to cause the person either:
(e) To facilitate, assist, or help in the exit and entry of persons
(1) To believe that if the person did not perform such labor or from/to the country at international and local airports, territorial
services, he or she or another person would suffer serious harm boundaries and seaports, knowing they are not in possession of
or physical restraint; or required travel documents, or are in possession of tampered,
fake, or fraudulently acquired travel documents, for the purpose
(2) To abuse or threaten the use of law or the legal processes; of promoting trafficking in persons;

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, (k) For internet intermediaries to knowingly or by gross
offer, provide, adopt, or receive a child for purposes of negligence allow their internet infrastructure to be used for the
exploitation or trading them, including the act of buying or purpose of promoting trafficking in persons;
selling a child, or both for any consideration or for barter for
purposes of exploitation. Trafficking for purposes of exploitation (l) For internet cafes, kiosks, and hotspots, including
of children shall include: establishments offering Wi-Fi access services to the public, to
knowingly or by gross negligence allow their facilities to be used
(1) All forms of slavery or practices similar to slavery, involuntary for the purpose of promoting trafficking in persons;
servitude, debt bondage, and forced labor, including recruitment
of children for use in armed conflict; (m) For financial intermediaries, including banks and credit card
companies and money transfer or remittance centers, to
(2) The use, procuring or offering of a child for prostitution, for knowingly or by gross negligence allow their services, online
the production of CSAEM or CSAM, or for pornographic platform and applications, among others, to be used for the
performances; purpose of promoting trafficking in persons;

(3) The use, procuring or offering of a child for the production (n) To knowingly or by gross negligence facilitate, assist, or help
and trafficking of drugs; and in the entry into the country of persons who are convicted sex
offenders whether at international and local airports, territorial
(4) The use, procuring or offering of a child for illegal activities or boundaries, and seaports for the purpose of promoting trafficking
work which, by its nature or the circumstances in which it is in persons; or
carried out, is likely to harm their health, safety or morals;
(o) To arrange, facilitate, expedite, or cause the introduction or
encounter of persons who are suspected or convicted sex
offenders in any jurisdiction, to a child. The actual introduction or
encounter need not occur to be liable under this provision. It is messages, including procurement of content data transmitted by
enough that there is a deliberate attempt to cause the means of a computer system, or with the use of any other
introduction or encounter." suitable ways and means for that purpose: Provided, That when
the victim is a child and the offense involves the use of computer
Section 6. Section 6 of Republic Act No. 9208, as amended, is systems and digital platforms, a court order shall not be required
hereby further amended to read as follows: in order for a LEO acting in an undercover capacity to intercept
communication with a person reasonably believed to have
"Section 6. Qualified Trafficking in Persons. - Violations of committed, is committing, or about to commit any of the
Section 4 of this Act shall be considered as qualified trafficking: violations described under this Act: Provided, further, That
notwithstanding the procedure in this provision, a LEO shall not
(a) When the trafficked person is a child: Provided, That acts of be precluded from obtaining a warrant to intercept computer
online sexual abuse and exploitation of children shall be without data under the rule on cybercrime warrants.
prejudice to appropriate investigation and prosecution under
other related laws; The order shall only be issued or granted upon ex parte written
application of a LEO, who shall be examined under oath or
(h) When the offender, commits one or more acts of trafficking affirmation to establish the following facts or circumstances:
under Section 4 over a period of at least sixty (60) days, whether
those days are continuous or not; (1) That there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed, or is being
(i) When the offender, or through another, directs or manages committed, or is about to be committed;
the actions of a victim in carrying out the exploitative purpose of
trafficking; (2) That there are reasonable grounds to believe that evidence
that will be obtained is essential to the conviction of any person
(j) When the crime is committed during a crisis, disaster, public for, or to the solution of, or to the prevention of, any such
health concern, pandemic, a humanitarian conflict, or emergency crimes; and
situation, or when the trafficked person is a survivor of a disaster
or a human-induced conflict; (3) That there are no other means readily available for obtaining
such evidence.
(k) When the trafficked person belongs to an indigenous
community or religious minority and is considered a member of The order shall only be effective for the length of time as
the same; determined by the court, which shall not exceed a period of
thirty (30) days from its issuance. The court issuing the order
(l) When the trafficked person is a person with disability (PWD); may, upon motion, extend its effectivity based only on justifiable
reasons or that it is necessary in furtherance of the investigation
(m) When the crime has resulted in pregnancy; or to serve the public interest, for a period not exceeding thirty
(30) days after the expiration of the original period.
(n) When the trafficked person suffered mental or emotional
disorder as a result of being victim of trafficking; or In case the original applicant is not available to file the
application for extension or renewal, any other member of the
(o) When the act is committed by or through the use of ICT or team duly authorized by their superior officer may instead file
any computer system." the application for extension or renewal: Provided, That the LEO
shall have thirty (30) days after the termination of the period
Section 7. Section 8 of Republic Act No. 9208, as amended, is granted by the authorizing court as provided in the preceding
hereby further amended to read as follows: paragraphs within which to file the appropriate case before the
Public Prosecutors Office of the Department of Justice (DOJ) for
"Section 8. Investigation and Prosecution of Cases. -
any violation of this Act.

(a) Initiation of Investigation. - Law enforcement agencies

If no case is filed within the thirty (30)-day period, the LEO shall,
(LEAs) are mandated to immediately initiate investigation and
within thirty (30) days after the expiration of the order, notify the
countertrafficking-intelligence gathering motu proprio or within
authorizing court that no case has been filed. Failure to notify
ten (10) days upon receipt of statements, reports, or affidavit
the authorizing court within the required period shall be
from victims of trafficking, migrant workers, or their families,
penalized under Section 10(g) of this Act.
internet intermediaries, and other persons who have personal
knowledge or information about possible violations of this Act In investigating violations of this Act involving the use of the
including the private sector, and for this purpose shall closely internet and other digital platforms, LEOs acting in an
coordinate with one another. They shall initiate bilateral or multi- undercover capacity who record their communications with a
lateral agreements with other States to allow foreign internet person or persons reasonably believed to have committed, is
intermediaries to share with local authorities possible committing, or is about to commit any of the violations under
investigation data necessary for the prosecution of this Act, shall not be considered as wiretapping or illegal
cases: Provided, That in all instances the right to privacy of the interception, and shall not be liable under the provisions of
victims and their families must be respected and protected; Republic Act No. 4200 or 'The Anti-Wiretapping
Law': Provided, That victims of trafficking in persons, of whatever
(b) Interception of Communications. - A law enforcement
age, shall not be liable under the provisions of Republic Act No.
officer (LEO) may, upon a written order from the Regional Trial
4200 and Republic Act No. 10175 or the 'Cybercrime Prevention
Court, track, intercept, view, monitor, surveil, listen to, and
Act of 2012,' if they record, transmit, or perform any other acts
record involving at least one person charged with, or suspected,
directly or indirectly related to the reporting of any violation of
or reasonably believed to have committed violations under this
this Act committed against them;
Act, with the use of any mode, form, kind, or type of electronic or
intercepting devices, any communications, information or
(c) Classification and Content of the Order of the (2) The dates and times covered by each of such tapes, discs,
Authorizing Court. - The written order of the court authorizing and recordings;
the conduct of interception shall specify the following:
(3) The number of tapes, discs, and recordings, as well as the
(1) The identity, such as name and address, if known, of the number of excerpts and summaries thereof and the number of
charged or suspected person whose communications, are to be written notes and memoranda made in connection therewith that
intercepted; have been included in the deposit; and

(2) In the case of communications made through the use of (4) The date of the original written authorization granted by the
information and communications technology, the particular DOJ to the applicant to file the ex parte application to conduct
description of the number or account of the subscriber or the interception, as well as the date of any extension or renewal
registrant to be intercepted and their locations, if known; of the original written authority granted by the authorizing court.

(3) If the person suspected of the crime is not fully known, such The joint affidavit shall also certify under oath that no
person shall be subject to continuous surveillance provided there unauthorized duplicates or copies of the whole or any part of any
is a reasonable ground to do so; of such tapes, discs, and recordings, excerpts, summaries,
written notes, and memoranda, have been made, or if made,
(4) The identities of the intercepting LEOs, or the identities of that all such duplicates and copies are included in the sealed
individuals or juridical persons who will assist the LEA in carrying envelope or package, as the case may be, deposited with the
out said interception; authorizing division of the authorizing court;

(5) The offense or offenses committed or being committed, or (f) Disposition of Deposited Material. - The sealed envelope
sought to be prevented; and or package and the contents thereof, which are deposited with
the authorizing court, deemed and are hereby declared classified
(6) The length of time within which the authorization shall be information, shall not be opened. Its contents, including the
used or carried out; tapes, discs, recordings, all the excerpts and summaries thereof,
and the notes and memoranda made in connection therewith,
(d) Custody of Intercepted Communications. - All tapes, shall not be divulged, revealed, read, replayed, or used as
discs, and recordings made pursuant to this section, including all evidence unless authorized by written order of the authorizing
excerpts and summaries thereof as well as all written notes or court. For this purpose, the DOJ shall file a written application to
memoranda made in connection therewith, shall, within forty- open the sealed envelope or package before the authorizing
eight (48) hours after the expiration of the period fixed in the court, with proper written notice to the person whose
written order, or within forty-eight (48) hours after the expiration communications have been the subject of interception to open,
of any extension or renewal, be submitted to the authorizing reveal, divulge, and use the contents of the sealed envelope or
court or its appointed custodian. It shall be contained in a sealed package as evidence.
envelope or package, as the case may be, and shall be
accompanied by a joint affidavit of the LEO and the team The written application with notice to the party concerned to
members. In case of death or physical incapacity of the applicant open the deposited sealed envelope or package shall clearly
to execute the required affidavit, the team member who is next state the purpose or reason:
in rank to the applicant named in the written order shall,
together with the other team members execute the required (1) For opening the sealed envelope or package;
affidavit. The LEA may, with proper court authorization, copy
computer data that shall be utilized for case build-up or (2) For revealing or disclosing its classified contents;
preliminary investigation purposes.
(3) For replaying, divulging, or reading intercepted
The copy of the computer data may be retained by the LEAs communications, including any of the excerpts and summaries
while the digital devices examined and the result of the digital thereof and any of the notes or memoranda made in connection
forensic examination shall be deposited with the court that therewith; and
issued the court warrant, or in case where a criminal case is
already filed in court, the court hearing the criminal case. (4) For using as evidence any of the intercepted
communications, including any of the excerpts and summaries
It shall be unlawful for any person, LEO, or any custodian to thereof and any of the notes or memoranda made in connection
make a copy of the materials in their custody, such as tapes, therewith;
discs, video footages and other recordings, or excerpts and
summaries thereof including written notes and memoranda (g) Evidentiary Value of Deposited Materials. - Intercepted
made in connection therewith, without court authorization, or to communications, or any part or parts thereof, or any information
remove, delete, expunge, incinerate, shred, or destroy in any or fact contained therein, including their existence, content,
manner the items enumerated above in whole or in part under substance, purport, effect, or meaning, which have been secured
any pretext whatsoever; in violation of the pertinent provisions of this Act, shall absolutely
not be admissible and usable as evidence against any person in
(e) Contents of Joint Affidavit. - The joint affidavit of the LEO any judicial, quasi-judicial, legislative, or administrative
and the individual team members shall state: investigation, inquiry, proceeding, or hearing;

(1) The number of tapes, discs, and recordings that have been (h) Prosecution. - Offenses punishable under this Act are public
made, as well as the number of excerpts and summaries thereof, crimes. Any person who has personal knowledge of the
and the number of written notes and memoranda, if any, made commission of any offense under this Act, such as the trafficked
in connection therewith; person, the parents, spouse, siblings, children, legal guardian,
officer or social worker or representative of a licensed child-
caring institution, officer or social worker of the Department of
Social Welfare and Development (DSWD), Philippine National investigation, or trial of cases of gender-based violence shall
Police (PNP) or National Bureau of Investigation (NBI) officers, refrain from any act or statement that may be construed as
barangay chairperson, or at least three (3) concerned citizens blaming the victim or placing responsibility for the offense
where the violation occurred, may file a complaint under this Act; committed against the victim."

(i) Venue. - A criminal action arising from a violation of this Act --------------------------------------------------
shall be filed where the offense was committed, or where any of
its elements occurred, or where the trafficked person actually REPUBLIC ACT NO. 9160 September 29, 2001
resides at the time of the commission of the
offense: Provided, That the court where the criminal action is AN ACT DEFINING THE CRIME OF MONEY LAUNDERING,
first filed shall acquire jurisdiction to the exclusion of other PROVIDING PENALTIES THEREFOR AND FOR OTHER
courts. Cases involving trafficking in persons shall be heard in PURPOSES
the chamber of the Regional Trial Court duly designated as
family courts; Section 1. Short Title. – This Act shall be known as the "Anti-
Money Laundering Act of 2001."
(j) Affidavit of Desistance. - Cases involving trafficking in
persons should not be dismissed based on the Affidavit of Section 2. Declaration of Policy. – It is hereby declared the policy
Desistance executed by the victims or their parents or legal of the State to protect and preserve the integrity and
guardians. Public and private prosecutors are directed to oppose confidentiality of bank accounts and to ensure that the
and manifest objections to motions for dismissal. Any attempt to Philippines shall not be used as a money laundering site for the
unduly pressure the complainant to execute an Affidavit of proceeds of any unlawful activity. Consistent with its foreign
Desistance shall be punishable under this Act; policy, the State shall extend cooperation in transnational
investigations and prosecutions of persons involved in money
(k) Immediate Protection of Trafficking Victims. - Where laundering activities whenever committed.
warranted, trafficking victims shall immediately be placed under
the protective custody of the DSWD, pursuant to Republic Act Section 3. Definitions. For purposes of this Act, the following
No. 7610, otherwise known as the 'Special Protection of Children terms are hereby defined as follows:
Against Abuse, Exploitation and Discrimination Act.' In the
regular performance of this function, the DSWD shall be free (a) "Covered Institution" refers to:
from any administrative, civil, or criminal liability. Custody
proceedings shall be in accordance with the provisions of (1) banks, non-banks, quasi-banks, trust entities, and all other
Presidential Decree No. 603 or 'The Child and Youth Welfare institutions and their subsidiaries and affiliates supervised or
Code.' regulated by the Bangko Sentral ng Pilipinas (BSP);

Victims of trafficking of all ages shall be entitled to immediate (2) Insurance companies and all other institutions supervised or
temporary protective shelter from the DSWD: Provided, That if regulated by the Insurance Commission; and
the trafficked person is overseas, it shall be the relevant
embassy or consulate that shall provide the same. (3) (i) securities dealers, brokers, salesmen, investment houses
and other similar entities managing securities or rendering
Victims of trafficking and their family members shall be entitled services as investment agent, advisor, or consultant, (ii) mutual
to protection as well as preferential entitlement to the rights and funds, close and investment companies, common trust funds,
benefits of witnesses under Republic Act No. 6981, otherwise pre-need companies and other similar entities, (iii) foreign
known as the 'Witness Protection, Security and Benefit exchange corporations, money changers, money payment,
Act': Provided, That they possess all the qualifications and none remittance, and transfer companies and other similar entities,
of the disqualifications under the said law. and (iv) other entities administering or otherwise dealing in
currency, commodities or financial derivatives based thereon,
A victim of trafficking shall also be considered as a victim of a valuable objects, cash substitutes and other similar monetary
violent crime as defined under Section 3(d) of Republic Act No. instruments or property supervised or regulated by Securities
7309, entitled 'An Act Creating a Board of Claims under the and Exchange Commission.
Department of Justice for Victims of Unjust Imprisonment or
Detention and Victims of Violent Crimes and for Other Purposes,' (b) "Covered transaction" is a single, series, or combination of
so that the victim may claim compensation therein; transactions involving a total amount in excess of Four million
Philippine pesos (Php4,000,000.00) or an equivalent amount in
(l) Confidentiality. - All records and proceedings under this foreign currency based on the prevailing exchange rate within
law, from the initial contact until the final disposition of the case, five (5) consecutive banking days except those between a
shall be considered privileged and confidential. The public shall covered institution and a person who, at the time of the
be excluded during the proceedings and the records shall not be transaction was a properly identified client and the amount is
disclosed directly or indirectly to anyone by any of the parties or commensurate with the business or financial capacity of the
the participants in the proceedings for any purpose whatsoever client; or those with an underlying legal or trade obligation,
where the testimony of the child shall be taken in accordance purpose, origin or economic justification.
with A.M. No. 004-07-SC or the Rule on Examination of a Child
Witness. It likewise refers to a single, series or combination or pattern of
unusually large and complex transactions in excess of Four
It shall be unlawful for any editor, publisher, reporter or million Philippine pesos (Php4,000,000.00) especially cash
columnist in case of printed materials, announcer or producer in deposits and investments having no credible purpose or origin,
case of television and radio broadcasting and digital media, and underlying trade obligation or contract.
producer and director of the film in case of the movie industry, to
cause any publicity that may result in the further suffering of the (c) "Monetary Instrument" refers to:
victim. Any person or agency involved in the reporting,
(1) coins or currency of legal tender of the Philippines, or of any Penal Code, as amended, including those perpetrated by
other country; terrorists against non-combatant persons and similar targets;

(2) drafts, checks and notes; (13) Fraudulent practices and other violations under Republic Act
No. 8799, otherwise known as the Securities Regulation Code of
(3) securities or negotiable instruments, bonds, commercial 2000;
papers, deposit certificates, trust certificates, custodial receipts
or deposit substitute instruments, trading orders, transaction (14) Felonies or offenses of a similar nature that are punishable
tickets and confirmations of sale or investments and money under the penal laws of other countries.
marked instruments; and
Section 4. Money Laundering Offense. – Money laundering is
(4) other similar instruments where title thereto passes to a crime whereby the proceeds of an unlawful activity are
another by endorsement, assignment or delivery. transacted, thereby making them appear to have originated from
legitimate sources. It is committed by the following:
(d) "Offender" refers to any person who commits a money
laundering offense. (a) Any person knowing that any monetary instrument or
property represents, involves, or relates to the proceeds of any
(e) "Person" refers to any natural or juridical person. unlawful activity, transacts or attempts to transact said
monetary instrument or property.
(f) "Proceeds" refers to an amount derived or realized from an
unlawful activity. (b) Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity, performs
(g) "Supervising Authority" refers to the appropriate or fails to perform any act as a result of which he facilitates the
supervisory or regulatory agency, department or office offense of money laundering referred to in paragraph (a) above.
supervising or regulating the covered institutions enumerated in
Section 3(a). (c) Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and filed with
(h) "Transaction" refers to any act establishing any right or the Anti-Money Laundering Council (AMLC), fails to do so.
obligation or giving rise to any contractual or legal relationship
between the parties thereto. It also includes any movement of Section 5. Jurisdiction of Money Laundering Cases. – The
funds by any means with a covered institution. regional trial courts shall have jurisdiction to try all cases on
money laundering. Those committed by public officers and
(l) "Unlawful activity" refers to any act or omission or series or private persons who are in conspiracy with such public officers
combination thereof involving or having relation to the following: shall be under the jurisdiction of the Sandiganbayan.

(1) Kidnapping for ransom under Article 267 of Act No. 3815, Section 6. Prosecution of Money Laundering. –
otherwise known as the Revised Penal Code, as amended;
(a) Any person may be charged with and convicted of both the
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. offense of money laundering and the unlawful activity as herein
6425, as amended, otherwise known as the Dangerous Drugs Act defined.
of 1972;
(b) Any proceeding relating to the unlawful activity shall be given
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. precedence over the prosecution of any offense or violation
3019, as amended; otherwise known as the Anti-Graft and under this Act without prejudice to the freezing and other
Corrupt Practices Act; remedies provided.

(4) Plunder under Republic Act No. 7080, as amended; Section 7. Creation of Anti-Money Laundering Council
(AMLC). – The Anti-Money Laundering Council is hereby created
(5) Robbery and extortion under Articles 294, 295, 296, 299, and shall be composed of the Governor of the Bangko Sentral ng
300, 301 and 302 of the Revised Penal Code, as amended; Pilipinas as chairman, the Commissioner of the Insurance
Commission and the Chairman of the Securities and Exchange
(6) Jueteng and Masiao punished as illegal gambling under Commission as members. The AMLC shall act unanimously in the
Presidential Decree No. 1602; discharge of its functions as defined hereunder:

(7) Piracy on the high seas under the Revised Penal Code, as (1) to require and receive covered transaction reports from
amended and Presidential Decree No. 532; covered institutions;

(8) Qualified theft under, Article 310 of the Revised Penal Code, (2) to issue orders addressed to the appropriate Supervising
as amended; Authority or the covered institution to determine the true identity
of the owner of any monetary instrument or property subject of a
(9) Swindling under Article 315 of the Revised Penal Code, as covered transaction report or request for assistance from a
amended; foreign State, or believed by the Council, on the basis of
substantial evidence to be in whole or in part, whenever located,
(10) Smuggling under Republic Act Nos. 455 and 1937; representing, involving, or related to, directly or indirectly, in any
manner or by any means, the proceeds of an unlawful activity;
(11) Violations under Republic Act No. 8792, otherwise known as
the Electronic Commerce Act of 2000; (3) to institute civil forfeiture proceedings and all other remedial
proceedings through the Office of the Solicitor General;
(12) Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the Revised
(4) to cause the filing of complaints with the Department of (c) Reporting of Covered Transactions. – Covered
Justice or the Ombudsman for the prosecution of money institutions shall report to the AMLC all covered transactions
laundering offenses; within five (5) working days from occurrence thereof, unless the
Supervising Authority concerned prescribes a longer period not
(5) to initiate investigations of covered transactions, money exceeding ten (10) working days.
laundering activities and other violations of this Act;
When reporting covered transactions to the AMLC, covered
(6) to freeze any monetary instrument or property alleged to be institutions and their officers, employees, representatives,
proceed of any unlawful activity; agents, advisors, consultants or associates shall not be deemed
to have violated Republic Act No. 1405, as amended; Republic
(7) to implement such measures as may be necessary and Act No. 6426, as amended; Republic Act No. 8791 and other
justified under this Act to counteract money laundering; similar laws, but are prohibited from communicating, directly or
indirectly, in any manner or by any means, to any person the
(8) to receive and take action in respect of, any request from fact that a covered transaction report was made, the contents
foreign states for assistance in their own anti-money laundering thereof, or any other information in relation thereto. In case of
operations provided in this Act; violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of the
(9) to develop educational programs on the pernicious effects of covered institution, shall be criminally liable. However, no
money laundering, the methods and techniques used in money administrative, criminal or civil proceedings, shall lie against any
laundering, the viable means of preventing money laundering person for having made a covered transaction report in the
and the effective ways of prosecuting and punishing offenders; regular performance of his duties and in good faith, whether or
and not such reporting results in any criminal prosecution under this
Act or any other Philippine law.
(10) to enlist the assistance of any branch, department, bureau,
office, agency or instrumentality of the government, including When reporting covered transactions to the AMLC, covered
government-owned and –controlled corporations, in undertaking institutions and their officers, employees, representatives,
any and all anti-money laundering operations, which may include agents, advisors, consultants or associates are prohibited from
the use of its personnel, facilities and resources for the more communicating, directly or indirectly, in any manner or by any
resolute prevention, detection and investigation of money means, to any person, entity, the media, the fact that a covered
laundering offenses and prosecution of offenders. transaction report was made, the contents thereof, or any other
information in relation thereto. Neither may such reporting be
Section 8. Creation of a Secretariat. – The AMLC is hereby published or aired in any manner or form by the mass media,
authorized to establish a secretariat to be headed by an electronic mail, or other similar devices. In case of violation
Executive Director who shall be appointed by the Council for a thereof, the concerned officer, employee, representative, agent,
term of five (5) years. He must be a member of the Philippine advisor, consultant or associate of the covered institution, or
Bar, at least thirty-five (35) years of age and of good moral media shall be held criminally liable.
character, unquestionable integrity and known probity. All
members of the Secretariat must have served for at least five (5) Section 10. Authority to Freeze. – Upon determination that
years either in the Insurance Commission, the Securities and probable cause exists that any deposit or similar account is in
Exchange Commission or the Bangko Sentral ng Pilipinas (BSP) any way related to an unlawful activity, the AMLC may issue a
and shall hold full-time permanent positions within the BSP. freeze order, which shall be effective immediately, on the
account for a period not exceeding fifteen (15) days. Notice to
Section 9. Prevention of Money Laundering; Customer the depositor that his account has been frozen shall be issued
Identification Requirements and Record Keeping. – simultaneously with the issuance of the freeze order. The
depositor shall have seventy-two (72) hours upon receipt of the
(a) Customer Identification, - Covered institutions shall notice to explain why the freeze order should be lifted. The AMLC
establish and record the true identity of its clients based on has seventy-two (72) hours to dispose of the depositor's
official documents. They shall maintain a system of verifying the explanation. If it falls to act within seventy-two (72) hours from
true identity of their clients and, in case of corporate clients, receipt of the depositor's explanation, the freeze order shall
require a system of verifying their legal existence and automatically be dissolved. The fifteen (15)-day freeze order of
organizational structure, as well as the authority and the AMLC may be extended upon order of the court, provided
identification of all persons purporting to act on their behalf. that the fifteen (15)-day period shall be tolled pending the
court's decision to extend the period.
The provisions of existing laws to the contrary notwithstanding,
anonymous accounts, accounts under fictitious names, and all No court shall issue a temporary restraining order or writ of
other similar accounts shall be absolutely prohibited. Peso and injunction against any freeze order issued by the AMLC except
foreign currency non-checking numbered accounts shall be the Court of Appeals or the Supreme Court.
allowed. The BSP may conduct annual testing solely limited to
the determination of the existence and true identity of the Section 11. Authority to inquire into Bank Deposits. –
owners of such accounts. Notwithstanding the provisions of Republic Act No. 1405, as
amended; Republic Act No. 6426, as amended; Republic Act No.
(b) Record Keeping – All records of all transactions of covered 8791, and other laws, the AMLC may inquire into or examine any
institutions shall be maintained and safely stored for five (5) particular deposit or investment with any banking institution or
years from the date of transactions. With respect to closed non-bank financial institution upon order of any competent court
accounts, the records on customer identification, account files in cases of violation of this Act when it has been established that
and business correspondence, shall be preserved and safety there is probable cause that the deposits or investments
stored for at least five (5) years from the dates when they were involved are in any way related to a money laundering
closed. offense: Provided, That this provision shall not apply to deposits
and investments made prior to the effectivity of this Act.
Section 12. Forfeiture Provisions. – competent officer of the requesting State stating that the
conviction and the order of forfeiture are final and then no
(a) Civil Forfeiture. – When there is a covered transaction further appeal lies in respect or either.
report made, and the court has, in a petition filed for the purpose
ordered seizure of any monetary instrument or property, in (c) Obtaining Assistance from Foreign States. – The AMLC
whole or in part, directly or indirectly, related to said report, the may make a request to any foreign State for assistance in (1)
Revised Rules of Court on civil forfeiture shall apply. tracking down, freezing, restraining and seizing assets alleged to
be proceeds of any unlawful activity; (2) obtaining information
(b) Claim on Forfeited Assets. – Where the court has issued that it needs relating to any covered transaction, money
an order of forfeiture of the monetary instrument or property in a laundering offense or any other matter directly or indirectly,
criminal prosecution for any money laundering offense defined related thereto; (3) to the extent allowed by the law of the
under Section 4 of this Act, the offender or any other person Foreign State, applying with the proper court therein for an order
claiming an interest therein may apply, by verified petition, for a to enter any premises belonging to or in the possession or
declaration that the same legitimately belongs to him and for control of, any or all of the persons named in said request,
segregation or exclusion of the monetary instrument or property and/or search any or all such persons named therein and/or
corresponding thereto. The verified petition shall be filed with remove any document, material or object named in said
the court which rendered the judgment of conviction and order request: Provided, That the documents accompanying the
of forfeiture, within fifteen (15) days from the date of the order request in support of the application have been duly
or forfeiture, in default of which the said order shall become final authenticated in accordance with the applicable law or
and executory. This provision shall apply in both civil and regulation of the foreign State; and (4) applying for an order of
criminal forfeiture. forfeiture of any monetary instrument or property in the proper
court in the foreign State: Provided, That the request is
(c) Payment in Lieu of Forfeiture. – Where the court has accompanied by an authenticated copy of the order of the
issued an order of forfeiture of the monetary instrument or regional trial court ordering the forfeiture of said monetary
property subject of a money laundering offense defined under instrument or property of a convicted offender and an affidavit of
Section 4, and said order cannot be enforced because any the clerk of court stating that the conviction and the order of
particular monetary instrument or property cannot, with due forfeiture are final and that no further appeal lies in respect of
diligence, be located, or it has been substantially altered, either.
destroyed, diminished in value or otherwise rendered worthless
by any act or omission, directly or indirectly, attributable to the (d) Limitations on Request for Mutual Assistance. – The
offender, or it has been concealed, removed, converted or AMLC may refuse to comply with any request for assistance
otherwise transferred to prevent the same from being found or where the action sought by the request contravenes any
to avoid forfeiture thereof, or it is located outside the Philippines provision of the Constitution or the execution of a request is
or has been placed or brought outside the jurisdiction of the likely to prejudice the national interest of the Philippines unless
court, or it has been commingled with other monetary there is a treaty between the Philippines and the requesting
instruments or property belonging to either the offender himself State relating to the provision of assistance in relation to money
or a third person or entity, thereby rendering the same difficult laundering offenses.
to identify or be segregated for purposes of forfeiture, the court
may, instead of enforcing the order of forfeiture of the monetary (e) Requirements for Requests for Mutual Assistance
instrument or property or part thereof or interest therein, from Foreign State. – A request for mutual assistance from a
accordingly order the convicted offender to pay an amount equal foreign State must (1) confirm that an investigation or
to the value of said monetary instrument or property. This prosecution is being conducted in respect of a money launderer
provision shall apply in both civil and criminal forfeiture. named therein or that he has been convicted of any money
laundering offense; (2) state the grounds on which any person is
Section 13. Mutual Assistance among States. – being investigated or prosecuted for money laundering or the
details of his conviction; (3) gives sufficient particulars as to the
(a) Request for Assistance from a Foreign State. – Where a identity of said person; (4) give particulars sufficient to identity
foreign State makes a request for assistance in the investigation any covered institution believed to have any information,
or prosecution of a money laundering offense, the AMLC may document, material or object which may be of assistance to the
execute the request or refuse to execute the same and inform investigation or prosecution; (5) ask from the covered institution
the foreign State of any valid reason for not executing the concerned any information, document, material or object which
request or for delaying the execution thereof. The principles of may be of assistance to the investigation or prosecution; (6)
mutuality and reciprocity shall, for this purpose, be at all times specify the manner in which and to whom said information,
recognized. document, material or object detained pursuant to said request,
is to be produced; (7) give all the particulars necessary for the
(b) Power of the AMLC to Act on a Request for Assistance issuance by the court in the requested State of the writs, orders
from a Foreign State. – The AMLC may execute a request for or processes needed by the requesting State; and (8) contain
assistance from a foreign State by: (1) tracking down, freezing, such other information as may assist in the execution of the
restraining and seizing assets alleged to be proceeds of any request.
unlawful activity under the procedures laid down in this Act; (2)
giving information needed by the foreign State within the (f) Authentication of Documents. – For purposes of this
procedures laid down in this Act; and (3) applying for an order of Section, a document is authenticated if the same is signed or
forfeiture of any monetary instrument or property in the certified by a judge, magistrate or equivalent officer in or of, the
court: Provided, That the court shall not issue such an order requesting State, and authenticated by the oath or affirmation of
unless the application is accompanied by an authenticated copy a witness or sealed with an official or public seal of a minister,
of the order of a court in the requesting State ordering the secretary of State, or officer in or of, the government of the
forfeiture of said monetary instrument or properly of a person requesting State, or of the person administering the government
who has been convicted of a money laundering offense in the or a department of the requesting territory, protectorate or
requesting State, and a certification of an affidavit of a colony. The certificate of authentication may also be made by a
secretary of the embassy or legation, consul general, consul, 1,000,000.00), shall be imposed on a person convicted for a
vice consul, consular agent or any officer in the foreign service of violation under Section 9(c).
the Philippines stationed in the foreign State in which the record
is kept, and authenticated by the seal of his office. Section 15. System of Incentives and Rewards. – A system
of special incentives and rewards is hereby established to be
(g) Extradition. – The Philippines shall negotiate for the given to the appropriate government agency and its personnel
inclusion of money laundering offenses as herein defined among that led and initiated an investigation, prosecution and
extraditable offenses in all future treaties. conviction of persons involved in the offense penalized in Section
4 of this Act.
Section 14. Penal Provisions. –
Section 16. Prohibitions Against Political Harassment. –
(a) Penalties for the Crime of Money Laundering. The This Act shall not be used for political prosecution or harassment
penalty of imprisonment ranging from seven (7) to fourteen (14) or as an instrument to hamper competition in trade and
years and a fine of not less than Three million Philippine pesos commerce.
(Php 3,000,000.00) but not more than twice the value of the
monetary instrument or property involved in the offense, shall be No case for money laundering may be filed against and no assets
imposed upon a person convicted under Section 4(a) of this Act. shall be frozen, attached or forfeited to the prejudice of a
candidate for an electoral office during an election period.
The penalty of imprisonment from four (4) to seven (7) years and
a fine of not less than One million five hundred thousand Section 17. Restitution. – Restitution for any aggrieved party
Philippine pesos (Php 1,500,000.00) but not more than Three shall be governed by the provisions of the New Civil Code.
million Philippine pesos (Php 3,000,000.00), shall be imposed
upon a person convicted under Section 4(b) of this Act. Section 18. Implementing Rules and Regulations. – Within
thirty (30) days from the effectivity of this Act, the Bangko
The penalty of imprisonment from six (6) months to four (4) Sentral ng Pilipinas, the Insurance Commission and the Securities
years or a fine of not less than One hundred thousand Philippine and Exchange Commission shall promulgate the rules and
pesos (Php 100,000.00) but not more than Five hundred regulations to implement effectivity the provisions of this Act.
thousand Philippine pesos (Php 500,000.00), or both, shall be Said rules and regulations shall be submitted to the
imposed on a person convicted under Section 4(c) of this Act. Congressional Oversight Committee for approval.

(b) Penalties for Failure to Keep Records. The penalty of Covered institutions shall formulate their respective money
imprisonment from six (6) months to one (1) year or a fine of not laundering prevention programs in accordance with this Act
less than One hundred thousand Philippine pesos (Php including, but not limited to, information dissemination on money
100,000.00) but not more than Five hundred thousand Philippine laundering activities and its prevention, detection and reporting,
pesos (Php 500,000.00), or both, shall be imposed on a person and the training of responsible officers and personnel of covered
convicted under Section 9(b) of this Act. institutions.

(c) Malicious Reporting. Any person who, with malice, or in Section 19. Congressional Oversight Committee. – There is
bad faith, report or files a completely unwarranted or false hereby created a Congressional Oversight Committee composed
information relative to money laundering transaction against any of seven (7) members from the Senate and seven (7) members
person shall be subject to a penalty of six (6) months to four (4) from the House of Representatives. The members from the
years imprisonment and a fine of not less than One hundred Senate shall be appointed by the Senate President based on the
thousand Philippine pesos (Php 100,000.00) but not more than proportional representation of the parties or coalitions therein
Five hundred thousand Philippine pesos (Php 500,000.00), at the with at least two (2) Senators representing the minority. The
discretion of the court: Provided, That the offender is not entitled members from the House of Representatives shall be appointed
to avail the benefits of the Probation Law. by the Speaker also based on proportional representation of the
parties or coalitions therein with at least two (2) members
If the offender is a corporation, association, partnership or any representing the minority.
juridical person, the penalty shall be imposed upon the
responsible officers, as the case may be, who participated in the The Oversight Committee shall have the power to promulgate its
commission of the crime or who shall have knowingly permitted own rules, to oversee the implementation of this Act, and to
or failed to prevent its commission. If the offender is a juridical review or revise the implementing rules issued by the Anti-
person, the court may suspend or revoke its license. If the Money Laundering Council within thirty (30) days from the
offender is an alien, he shall, in addition to the penalties herein promulgation of the said rules.
prescribed, be deported without further proceedings after
serving the penalties herein prescribed. If the offender is a public Section 20. Appropriations Clause. – The AMLC shall be
official or employee, he shall, in addition to the penalties provided with an initial appropriation of Twenty-five million
prescribed herein, suffer perpetual or temporary absolute Philippine pesos (Php 25,000,000.00) to be drawn from the
disqualification from office, as the case may be; national government. Appropriations for the succeeding years
shall be included in the General Appropriations Act.
Any public official or employee who is called upon to testify and
refuses to do the same or purposely fails to testify shall suffer --------------------------------------------------
the same penalties prescribed herein.
Republic Act No. 9194 March 7, 2003
(d) Breach of Confidentiality. The punishment of
imprisonment ranging from three (3) to eight (8) years and a fine AN ACT AMENDING REPUBLIC ACT NO. 9160, OTHERWISE
of not less than Five hundred thousand Philippine pesos (Php KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF 2001"
500,000.00) but not more than One million Philippine pesos (Php
Be it enacted by the Senate and House of Representative of the "(7) Piracy on the high seas under the Revised Penal Code, as
Philippines in Congress assembled: amended and Presidential under the Revised Penal Code, as
amended and Presidential Decree No. 532;
SECTION 1. Section 3, paragraph (b) of Republic Act No. 9160 is
hereby amended as follows: "(8) Qualified theft under Article 310 of the Revised penal Code,
as amended;
"(b) 'Covered transaction' is a transaction in cash or other
equivalent monetary instrument involving a total amount in "(9) Swindling under Article 315 of the Revised Penal Code, as
excess of Five hundred thousand pesos (PhP 500,000.00) within amended;
one (1) banking day.
"(10) Smuggling under Republic Act Nos. 455 and 1937;
SECTION 2. Section 3 of the same Act is further amended by
inserting between paragraphs (b) and (c) a new paragraph "(11) Violations under Republic Act No. 8792, otherwise known
designated as (b-1) to read as follows: as the Electrinic Commerce Act of 2000;

"(b-1) 'Suspicious transaction' are transactions with covered "(12) Hijacking and other violations under Republic Act No. 6235;
institutions, regardless of the amounts involved, where any of destructive arson and murder, as defined under the Revised
the following circumstances exist: Penal Code, as amended, including those perpetrated by
terrorists against non-combatant persons and similar targets;
1. there is no underlying legal or trade obligation, purpose or
economic justification; "(13) Fraudulent practices and other violations under Republic
Act No. 8799, otherwise known as the Securities Regulation Code
2. the client is not properly identified; of 2000;

3. the amount involved is not commensurate with the business "(14) Felonies or offenses of a similar nature that are punishable
or financial capacity of the client; under the penal laws of other countries."

4. taking into account all known circumstances, it may be SECTION 4. Section 4 of the same Act is hereby amended to
perceived that the client's transaction is structured in order to read as follows:
avoid being the subject of reporting requirements under the Act;
"SEC. 4. Money Laundering Offense. -- Money laundering is a
5. any circumstances relating to the transaction which is crime whereby the proceeds of an unlawful activity as herein
observed to deviate from the profile of the client and/or the defined are transacted, theeby making them appear to have
client's past transactions with the covered institution; originated from legitimate sources. It is committed by the
following:
6. the transactions is in a way related to an unlawful activity or
offense under this Act that is about to be, is being or has been (a) Any person knowing that any monetary instrument or
committed; or property represents, involves, or relates to, the proceeds of any
unlawful activity, transacts or attempts to transacts said
7. any transactions that is similar or analogous to any of the monetary instrument or property.
foregoing."
(b) Any person knowing that any monetary instrument or
SECTION 3. Section 3(i) of the same Act is further amended to property involves the proceeds of any unlawful activity, performs
read as follows: or fails to perform any act as a result of which he falicitates the
offense of money laundering referred to in paragraph (a) above.
"(i) 'Unlawful activity' refers to any act or omission or series or
combination thereof involving or having direct relation to (c) Any person knowing that any monetary instrument or
following: property is required under this Act to be disclosed and filed with
the Anti-Money Laundering Council (AMLC), fails to do so."
"(1) Kidnapping for ransom under Article 267 of Act No. 3815,
otherwise known as the Revised Penal Code, as amended; SECTION 5. Section 7 of the same Act is hereby amended as
follows:
"(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic
Act No. 9165, otherwise known as the Comprehensive Dangerous "SEC.7. Creation of Anti-Money Laundering Council (AMLC). -- The
Act of 2002; Anti-Money Laundering Council is hereby created and shall be
composed of the Governor of the Bangko Sentral ng Pilipinas as
"(3) Section 3 paragraphs B, C, E, G, H and I of republic Act No. chairman, the Commissioner of the Insurance Commission and
3019, as amended, otherwise known as the Anti-Graft and the Chairman of the Securities and Exchange Commission as
Corrupt Practices Act; member. The AMLC shall shall act unanimously in the discharge
of its functions as defined hereunder:
"(4) Plunder under Republic Act No. 7080, as amended;
"(1) to require and receive covered or suspicious transaction
"(5) Robbery and extortion under Articles 294, 295, 296, 299, reports from covered institutions;
300, 301 and 302 of the Revised Penal Code, as amended;
"(2) to issue orders addressed to the appropriate Supervising
"(6) Jueteng and Masiao punished as illegal gambling under Authority or the covered institutions to determine the true
Presidential Decree No. 1602; identity of the owner of any monetary instrument or preperty
subject of a covered transaction or suspicious transaction report
or request for assistance from a foreign State, or believed by the
Council, on the basis fo substantial evidence, to be, in whole or criminally liable. However, no administrative, criminal or civil
in part, wherever located, representing, involving, or related to proceedings, shall lie against any person for having made a
directly or indirectly, in any manner or by any means, the covered or suspicious transaction report in the regular
proceeds of an unlawful activitity. performance of his duties in good faith, whether or not such
reporting results in any criminal prosecution under this Act of
"(3) to institute civil forfeiture proceedings and all other remedial any other law.
proceedings through the Office of th Solicitor General;
"When reporting covered or suspicious transactions to the AMLC,
"(4) to cause the filing of complaints with the Department of covered instituting and their officers and employees are
Justice or the Ombudsman for the prosecution of money prohibited from communicating directly or indirectly, in any
laundering offenses; manner or by any means, to any person or entity, the media, the
fact that a covered or suspicious transaction report was made,
"(5) to investigate suspicious transactions and covered the contents thereof, or any other information in relation thereto.
transactions deemed suspicious after an investigation by AMLC, Neither may such reporting be published or aired in any manner
money laundering activities and other violations of this Act; or form by the mass media, electronic mail, or other similar
devices. In case of violation thereof, the concerned officer and
"(6) to apply before the Court of Appeals, ex parte, for the employee of the covered institution and media shall be held
freezing of any monetary instrument or property alleged to be criminally liable.
the proceeds of any unlawful activity as defined in Section 3(i)
hereof; SECTION 7. Section 10 of the same Act is hereby amended to
read as follows:
"(7) to implement such measures as may be necessary and
justified under this Act to counteract money laundering; "Sec 10. Freezing of Monetary Instrument or Property. --
The Court of Appeals, upon application ex parte by the AMLC and
"(8) to receive and take action in respect of, any request from after determination that probable cause exists that any
foreign states for assistance in their own anti-money laundering monetary instrument or property is in any way related to an
operations provided in this Act; unlawful activity as defined in Section 3(i) hereof, may issue a
freeze order which shall be effective immediately. The freeze
"(9) to develop educational programs on the pernicious effects of order shall be for a period of twenty (20) days unless extended
money laundering, the methods and techniques used in the by the court.
money laundering, the viable means of preventing money
laundering and the effective ways of prosecuting and punishing SECTION 8. Section 11 of the same Act is hereby amended to
offenders; read as follows:

"(10) to enlist the assistance of any branch, department, bureau, "Sec. 11. Authority to Inquire into Bank Deposits. --
office, agency, or instrumentality of the government, including Notwithstanding the provisions of Republic Act No. 1405, as
government-owned and -controlled corporations, in undertaking amended, Republic Act No. 6426, as amended, Republic Act No.
any and all anti-money laundering operations, which may include 8791, and other laws, the AMLC may inquire into or examine any
the use of its personnel, facilities and resources for the more particular deposit or investment with any banking institution or
resolute prevention, detection, and investigation of money non-bank financial institution upon order of any competent court
laundering offenses and prosecution of offenders; and in cases of violation of this Act, when it has been established that
there is probable cause that the deposits or investments are
"(11) to impose administrative sanctions for the violation of laws, related to an unlawful activities as defined in Section 3(I) hereof
rules, regulations, and orders and resolutions issued pursuant or a money laundering offense under Section 4 hereof, except
thereto." that no court order shall be required in cases involving unlawful
activities defined in Sections 3(I)1, (2) and (12).
SECTION 6. Section 9(c) of the same Act is hereby amended to
read as follows: "To ensure compliance with this Act, the Bangko Sentral ng
Pilipinas (BSP) may inquire into or examine any deposit of
"(c) Reporting of Covered and Suspicious Transactions. -- investment with any banking institution or non-bank financial
Covered institutions shall report to the AMLC all covered institution when the examination is made in the course of a
transactions and suspicious transactions within five(5) working periodic or special examination, in accordance with the rules of
days from occurrences thereof, unless the Supervising Authority examination of the BSP.
prescribes a longer period not exceeding ten (10) working days.
SECTION 9. Section 14, paragraphs (c) and (d) of the same Act
"Should a transaction be determined to be both a covered is hereby amended to read as follows:
transaction and a suspicious transaction, the covered institution
shall be required to report the same as a suspicious transaction. "(c) Malicious Reporting. Any person who, with malice, or in
bad faith, reports or files a completely unwarranted or false
"When reporting covered or suspicious transactions to the AMLC, information relative to money laundering transaction against any
covered institutions and their officers and employees shall not be person shall be subject to a penalty to six (6) months to four (4)
deemed to have violated Republic Act No. 1405, as amended, years imprisonment and a fine of not less than One hundred
Republic Act No. 6426, as amended, Republic Act No. 8791 and thousand Philippine pesos (Php100,000.00) but not more than
other similar laws, but are prohibited from communicating, Five hundred thousand Philippine pesos (Php500,000.00), at the
directly or indirectly, in any manner or by an means, to any discretion of the court: Provided, That the offender is not entitled
person, the fact that a covered or suspicious transaction report to avail the benefits of the Probation Law.
was made, the contents thereof, or any other information in
relation thereto. In case of violation thereof, the concerned "If the offender is a corporation, association, partnership or any
officer and employee of the covered institution shall be juridical person, the penalty shall be imposed upon the
responsible officers, as the case may be, who participated in, or order of any competent court based on an ex parte application in
allowed by their gross negligence, the commission of the crime. cases of violations of this Act, when it has been established that
If the offender is a juridical person, the court may suspend or there is probable cause that the deposits or investments,
revoke its license. If the offer is an alien, he shall, in addition to including related accounts involved, are related to an unlawful
the penalties herein prescribed, be deported without further activity as defined in Section 3(i) hereof or a money laundering
proceedings after serving the penalties herein prescribed. If the offense under Section 4 hereof; except that no court order shall
offender is a public official or employee, he shall, in addition to be required in cases involving activities defined in Section 3(i)(1),
the penalties prescribed herein, suffer perpetual or temporary (2), and (12) hereof, and felonies or offenses of a nature similar
absolute disqualification from office, as the case may be. to those mentioned in Section 3(i)(1), (2), and (12), which are
Punishable under the penal laws of other countries, and
"Any public official or employee who is called upon to testify and terrorism and conspiracy to commit terrorism as defined and
refuses to do the same or purposely fails to testify shall suffer penalized under Republic Act No. 9372."
the same penalties prescribed herein.
"The Court of Appeals shall act on the application to inquire into
"(d) Breach of Confidentiality. The punishment of or examine any deposit or investment with any banking
imprisonment ranging from three (3) to eight (8) years and a fine institution or non-bank financial institution within twenty-four
of not less than Five hundred thousand Philippine pesos (24) hours from filing of the application."
(Php500,000.00) but not more than One million Philippine pesos
(Php1,000,000.00) shall be imposed on a person convicted for a "To ensure compliance with this Act, the Bangko Sentral ng
violation under Section 9(c). In the case of a breach of Pilipinas may, in the course of a periodic or special examination,
confidentiality that is published or reported by media, the check the compliance of a Covered institution with the
responsible reporter, writer, president, publisher, manager and requirements of the AMLA and its implementing rules and
editor-in-chief shall be liable under this Act. regulations."

REPUBLIC ACT NO. 10167 June 06, 2012 "For purposes of this section, ‘related accounts’ shall refer to
accounts, the funds and sources of which originated from and/or
AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY are materially linked to the monetary instrument(s) or
LAUNDERING LAW, AMENDING FOR THE PURPOSE property(ies) subject of the freeze order(s)."
SECTIONS 10 AND 11 OF REPUBLIC ACT NO.
9160, OTHERWISE KNOWN AS THE ANTI-MONEY "A court order ex parte must first be obtained before the AMLC
LAUNDERING ACT OF 2001, AS AMENDED, AND FOR can inquire into these related Accounts: Provided, That the
OTHER PURPOSES procedure for the ex parte application of the ex parte court order
for the principal account shall be the same with that of the
Be it enacted by the Senate and House of Representatives of the related accounts."
Philippines in Congress assembled:
"The authority to inquire into or examine the main account and
Section 1. Section 10 of Republic Act No. 9160, as amended, is the related accounts shall comply with the requirements of
hereby amended to read as follows: Article III, Sections 2 and 3 of the 1987 Constitution, which are
hereby incorporated by reference."
"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 REPUBLIC ACT NO. 10365
activity as defined in Section 3(i) hereof, the Court of Appeals
may issue a freeze order, which shall be effective immediately. AN ACT FURTHER STRENGTHENING THE ANTI-MONEY
The freeze order shall be for a period of twenty (20) days unless LAUNDERING LAW, AMENDING FOR THE
extended by the court. In any case, the court should act on the PURPOSE REPUBLIC ACT NO. 9160, OTHERWISE KNOWN
petition to freeze within twenty-four (24) hours from filing of the AS THE "ANTI-MONEY LAUNDERING ACT OF 2001″, AS
petition. If the application is filed a day before a nonworking day, AMENDED
the computation of the twenty-four (24)-hour period shall
exclude the nonworking days." Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
"A person whose account has been frozen may file a motion to
lift the freeze order and the court must resolve this motion Section 1. Section 3(a) of Republic Act No. 9160, as amended,
before the expiration of the twenty (20)-day original freeze is hereby amended to read as follows:
order."
"(a) ‘Covered persons’, natural or juridical, refer to:
"No court shall issue a temporary restraining order or a writ of
injunction against any freeze order, except the Supreme Court." "(1) banks, non-banks, quasi-banks, trust entities, foreign
exchange dealers, pawnshops, money changers, remittance and
Section 2. Section 11 of the same Act is hereby amended to transfer companies and other similar entities and all other
read as follows: persons and their subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng Pilipinas (BSP);
"SEC. 11. Authority to Inquire into Bank Deposits. –
Notwithstanding the provisions of Republic Act No. 1405, as "(2) insurance companies, pre-need companies and all other
amended; Republic Act No. 6426, as amended; Republic Act No. persons supervised or regulated by the Insurance Commission
8791; and other laws, the AMLC may inquire into or examine any (IC);
particular deposit or investment, including related accounts, with
any banking institution or non-bank financial institution upon
"(3) (i) securities dealers, brokers, salesmen, investment houses "SEC. 4. Money Laundering Offense. – Money laundering is
and other similar persons managing securities or rendering committed by any person who, knowing that any monetary
services as investment agent, advisor, or consultant, (ii) mutual instrument or property represents, involves, or relates to the
funds, close-end investment companies, common trust funds, proceeds of any unlawful activity:
and other similar persons, and (iii) other entities administering or
otherwise dealing in currency, commodities or financial "(a) transacts said monetary instrument or property;
derivatives based thereon, valuable objects, cash substitutes and
other similar monetary instruments or property supervised or "(b) converts, transfers, disposes of, moves, acquires, possesses
regulated by the Securities and Exchange Commission (SEC); or uses said monetary instrument or property;

"(4) jewelry dealers in precious metals, who, as a business, trade "(c) conceals or disguises the true nature, source, location,
in precious metals, for transactions in excess of One million disposition, movement or ownership of or rights with respect to
pesos (P1,000,000.00); said monetary instrument or property;

"(5) jewelry dealers in precious stones, who, as a business, trade "(d) attempts or conspires to commit money laundering offenses
in precious stones, for transactions in excess of One million referred to in paragraphs (a), (b) or (c);
pesos (P1,000,000.00);
"(e) aids, abets, assists in or counsels the commission of the
"(6) company service providers which, as a business, provide any money laundering offenses referred to in paragraphs (a), (b) or
of the following services to third parties: (i) acting as a formation (c) above; and
agent of juridical persons; (ii) acting as (or arranging for another
person to act as) a director or corporate secretary of a company, "(f) performs or fails to perform any act as a result of which he
a partner of a partnership, or a similar position in relation to facilitates the offense of money laundering referred to in
other juridical persons; (iii) providing a registered office, business paragraphs (a), (b) or (c) above.
address or accommodation, correspondence or administrative
address for a company, a partnership or any other legal person "Money laundering is also committed by any covered person
or arrangement; and (iv) acting as (or arranging for another who, knowing that a covered or suspicious transaction is
person to act as) a nominee shareholder for another person; and required under this Act to be reported to the Anti-Money
Laundering Council (AMLC), fails to do so."
"(7) persons who provide any of the following services:
Section 5. Section 6(a) of the same Act is hereby amended to
(i) managing of client money, securities or other assets; read as follows:

(ii) management of bank, savings or securities accounts; "SEC. 6. Prosecution of Money Laundering. –

(iii) organization of contributions for the creation, operation or "(a) Any person may be charged with and convicted of both the
management of companies; and offense of money laundering and the unlawful activity as herein
defined.
(iv) creation, operation or management of juridical persons or
arrangements, and buying and selling business entities. "(b) The prosecution of any offense or violation under this Act
shall proceed independently of any proceeding relating to the
"Notwithstanding the foregoing, the term ‘covered persons’ shall unlawful activity."
exclude lawyers and accountants acting as independent legal
professionals in relation to information concerning their clients or Section 6. Section 7 of the same Act is hereby amended to read
where disclosure of information would compromise client as follows:
confidences or the attorney-client relationship: Provided, That
these lawyers and accountants are authorized to practice in the "SEC. 7. Creation of Anti-Money Laundering Council
Philippines and shall continue to be subject to the provisions of (AMLC). – The Anti-Money Laundering Council is hereby created
their respective codes of conduct and/or professional and shall be composed of the Governor of the Bangko Sentral ng
responsibility or any of its amendments." Pilipinas as Chairman, the Commissioner of the Insurance
Commission and the Chairman of the Securities and Exchange
Section 3. Section 3 of the same Act shall have new paragraphs Commission, as members. The AMLC shall act unanimously in
(j) and (k). the discharge of its functions as defined hereunder:

"(j) Precious metals’ shall mean gold, silver, platinum, "(6) to apply before the Court of Appeals, ex parte, for the
palladium, rhodium, ruthenium, iridium and osmium. These freezing of any monetary instrument or property alleged to be
include alloys of precious metals, solders and plating chemicals laundered, proceeds from, or instrumentalities used in or
such as rhodium and palladium plating solutions and potassium intended for use in any unlawful activity as defined in Section
gold cyanide and potassium silver cyanide and silver cyanide in 3(i) hereof;
salt solution.
"(12) to require the Land Registration Authority and all its
"(k) ‘Precious stones’ shall mean diamond, ruby, emerald, Registries of Deeds to submit to the AMLC, reports on all real
sapphire, opal, amethyst, beryl, topaz, and garnet that are used estate transactions involving an amount in excess of Five
in jewelry making, including those formerly classified as semi- hundred thousand pesos (P500,000.00) within fifteen (15) days
precious stones." from the date of registration of the transaction, in a form to be
prescribed by the AMLC. The AMLC may also require the Land
Section 4. Section 4 of the same Act is hereby amended to read Registration Authority and all its Registries of Deeds to submit
as follows: copies of relevant documents of all real estate transactions."
Section 7. Section 9(c), paragraphs 1 and 4 of the same Act are "The forfeiture shall include those other monetary instrument or
hereby amended to read as follows: property having an equivalent value to that of the monetary
instrument or property found to be related in any way to an
"SEC. 9. Prevention of Money Laundering; Customer unlawful activity or a money laundering offense, when with due
Identification Requirements and Record Keeping. – diligence, the former cannot be located, or it has been
substantially altered, destroyed, diminished in value or otherwise
"(c) Reporting of Covered and Suspicious Transactions. – rendered worthless by any act or omission, or it has been
Covered persons shall report to the AMLC all covered concealed, removed, converted, or otherwise transferred, or it is
transactions and suspicious transactions within five (5) working located outside the Philippines or has been placed or brought
days from occurrence thereof, unless the AMLC prescribes a outside the jurisdiction of the court, or it has been commingled
different period not exceeding fifteen (15) working days. with other monetary instrument or property belonging to either
the offender himself or a third person or entity, thereby
"Lawyers and accountants acting as independent legal rendering the same difficult to identify or be segregated for
professionals are not required to report covered and suspicious purposes of forfeiture.
transactions if the relevant information was obtained in
circumstances where they are subject to professional secrecy or "(b) Claim on Forfeited Assets. – Where the court has issued
legal professional privilege. an order of forfeiture of the monetary instrument or property in a
criminal prosecution for any money laundering offense defined
"When reporting covered or suspicious transactions to the AMLC, under Section 4 of this Act, the offender or any other person
covered persons and their officers and employees are prohibited claiming an interest therein may apply, by verified petition, for a
from communicating, directly or indirectly, in any manner or by declaration that the same legitimately belongs to him and for
any means, to any person or entity, the media, the fact that a segregation or exclusion of the monetary instrument or property
covered or suspicious transaction has been reported or is about corresponding thereto. The verified petition shall be filed with
to be reported, the contents of the report, or any other the court which rendered the judgment of forfeiture, within
information in relation thereto. Neither may such reporting be fifteen (15) days from the date of the finality of the order of
published or aired in any manner or form by the mass media", forfeiture, in default of which the said order shall become final
electronic mail, or other similar devices. In case of violation and executor. This provision shall apply in both civil and criminal
thereof, the concerned officer and employee of the covered forfeiture.
person and media shall be held criminally liable."
"(c) Payment in Lieu of Forfeiture. – Where the court has
Section 8. Section 10 of the same Act, as amended by Republic issued an order of forfeiture of the monetary instrument or
Act No. 10167, is hereby amended to read as follows: property subject of a money laundering offense defined under
Section 4, and said order cannot be enforced because any
"SEC. 10. Freezing of Monetary Instrument or Property. particular monetary instrument or property cannot, with due
– Upon a verified ex parte petition by the AMLC and after diligence, be located, or it has been substantially altered,
determination that probable cause exists that any monetary destroyed, diminished in value or otherwise rendered worthless
instrument or property is in any way related to an unlawful by any act or omission, directly or indirectly, attributable to the
activity as defined in Section 3(i) hereof, the Court of Appeals offender, or it has been concealed, removed, converted, or
may issue a freeze order which shall be effective immediately, otherwise transferred to prevent the same from being found or
and which shall not exceed six (6) months depending upon the to avoid forfeiture thereof, or it is located outside the Philippines
circumstances of the case: Provided, That if there is no case filed or has been placed or brought outside the jurisdiction of the
against a person whose account has been frozen within the court, or it has been commingled with other monetary
period determined by the court, the freeze order shall be instruments or property belonging to either the offender himself
deemed ipso facto lifted: Provided, further, That this new rule or a third person or entity, thereby rendering the same difficult
shall not apply to pending cases in the courts. In any case, the to identify or be segregated for purposes of forfeiture, the court
court should act on the petition to freeze within twenty-four (24) may, instead of enforcing the order of forfeiture of the monetary
hours from filing of the petition. If the application is filed a day instrument or property or part thereof or interest therein,
before a nonworking day, the computation of the twenty-four accordingly order the convicted offender to pay an amount equal
(24)-hour period shall exclude the nonworking days. to the value of said monetary instrument or property. This
provision shall apply in both civil and criminal forfeiture."
"A person whose account has been frozen may file a motion to
lift the freeze order and the court must resolve this motion Section 10. Section 14 of the same Act, as amended, is hereby
before the expiration of the freeze order. further amended to read as follows:

"No court shall issue a temporary restraining order or a writ of "SEC. 14. Penal Provisions. – (a) Penalties for the Crime of
injunction against any freeze order, except the Supreme Court." Money Laundering. The penalty of imprisonment ranging from
seven (7) to fourteen (14) years and a fine of not less than Three
Section 9. Section 12 of the same Act is hereby amended to million Philippine pesos (Php3,000,000.00) but not more than
read as follows: twice the value of the monetary instrument or property involved
in the offense, shall be imposed upon a person convicted under
"(a) Civil Forfeiture. – Upon determination by the AMLC that Section 4(a), (b), (c) and (d) of this Act.
probable cause exists that any monetary instrument or property
is in any way related to an unlawful activity as defined in Section "The penalty of imprisonment from four (4) to seven (7) years
3(i) or a money laundering offense under Section 4 hereof, the and a fine of not less than One million five hundred thousand
AMLC shall file with the appropriate court through the Office of Philippine pesos (Php1,500,000.00) but not more than Three
the Solicitor General, a verified ex parte petition for forfeiture, million Philippine pesos (Php3,000,000.00), shall be imposed
and the Rules of Court on Civil Forfeiture shall apply. upon a person convicted under Section 4(e) and (f) of this Act.
"The penalty of imprisonment from six (6) months to four (4) An Act Designating Casinos as Covered Persons Under
years or a fine of not less than One hundred thousand Philippine Republic Act No. 9160, Otherwise Known as the "Anti-
pesos (Php100,000.00) but not more than Five hundred thousand Money Laundering Act of 2001", as Amended
Philippine pesos (Php500,000.00), or both, shall be imposed on a
person convicted under the last paragraph of Section 4 of this Section 1. Section 3(a) of Republic Act No. 9160, as amended,
Act. is hereby further amended to read as follows:

"(e) The penalty of imprisonment ranging from four (4) to seven "(a) ‘Covered persons’, natural on juridical, refer to:
(7) years and a fine corresponding to not more than two hundred
percent (200%) of the value of the monetary instrument or "(8) casinos, including internet and ship-based casinos, with
property laundered shall be imposed upon the covered person, respect to their casino cash transactiotus related to they gaming
its directors, officers or pesonnel who knowingly participated in operations.
the commission of the crime of money laundering.
Section 2. Section 3(b) of Republic Act No. 9160 is hereby
"(f) Imposition of Administrative Sanctions. The imposition of the further amended to read as follows:
administrative sanctions shall be without prejudice to the filing of
criminal charges against the persons responsible for the "(b) ‘Covered transaction’ is a transaction in cash or other
violation. equivalent monetary instrument involving a total amount in
excess of Five hundred thousand pesos (₱500,000.00) within one
"After due notice and hearing, the AMLC shall, at its discretion, (1) banking day; for covered persons under Section 3(a)(8), a
impose sanctions, including monetary penalties, warning or single casino transaction involving an amount in excess of Five
reprimand, upon any covered person, its directors, officers, million pesos (₱5,000,000.00) or its equivalent in any other
employees or any other person for the violation of this Act, its currency.
implementing rules and regulations, or for failure or refusal to
comply with AMLC orders, resolutions and other issuances. Such Section 3. Sector 3 of Republic Act No. 9160, as amended, is
monetary penalties shall be in amounts as may be determined hereby further amended by inserting a new paragraph (l) to read
by the AMLC to be appropriate, which shall not be more than as follows:
Five hundred thousand Philippine pesos (P500,000.00) per
violation.1âwphi1 "(l) For purposes of covered persons under Section 3(a)(8), the
following terms are hereby defined as follows:
"The AMLC may promulgate rules on fines and penalties taking
into consideration the attendant circumstances, such as the "(1) ‘Casino’ refers to a business authorized by the appropriate
nature and gravity of the violation or irregularity. goverment agency to engage in gaming operations:

"(g) The provision of this law shall not be construed or "(i) ‘Internet-based casinos’ shall refer a casinos in which
implemented in a manner that will discriminate against certain persons participate by the use of remote communication
customer types, such as politically-exposed persons, as well as facilities such as, but not limited to, internet, telephone,
their relatives, or against a certain religion, race or ethnic origin, television, radio or any other kind of electronic or other
or such other attributes or profiles when used as the only basis technology for facilitating communication; and
to deny these persons access to the services provided by the
covered persons. Whenever a bank, or quasi-bank, financial "(ii) ‘Ship-based casino’ shall refer to casinos, the operation of
institution or whenever any person or entity commits said which is undertaken on board a vessel, ship, boat or any other
discriminatory act, the person or persons responsible for such water-based craft wholly or partly intended for gambling;
violation shall be subject to sanctions as may be deemed
appropriate by their respective regulators." "(2) ‘Casino cash transaction’ refers to transactions involving the
receipt of cash by a casino paid by or on behalf of a customer, or
Section 11. New sections are hereby inserted after Section 19 transactions involving the payout of cash by a casino to a
of the same Act, as amended, to read as follows: customer or to any person in his/her behalf; and

"SEC. 20. Non-intervention in the Bureau of Internal "(3) ‘Gaming operations’ refer to the activities of the casino
Revenue (BIR) Operations. – Nothing contained in this Act nor offering games of chance and any variations thereof approved by
in related antecedent laws or existing agreements shall be the appropriate government authorities."
construed to allow the AMLC to participate in any manner in the
operations of the BIR." Section 4. Section 10 of Republic Act. No. 9160, as amended, is
hereby further amended to read as follows:
"SEC. 21. The authority to inquire into or examine the main
account and the related accounts shall comply with the "Sec. 10. Freezing of Monetary Instrument or Property. -
requirements of Article III, Sections 2 and 3 of the 1987 Upon a verified ex parte petition by the AMLC and after
Constitution, which are hereby incorporated by reference. determination that probable cause exists that any monetary
Likewise, the constitutional injunction against ex post facto laws instrument or property is in any way related to an unlawful
and bills of attainder shall be respected in the implementation of activity as defined in Section 3(i) hereof, the Court of Appeals
this Act." may issue a freeze order which shall be effective immediately,
for a period of twenty (20) days. Within the twenty (20)-day
-------------------------------------------------------- period, the Court of Appeals shall conduct a summary hearing,
with notice to the parties, to determine whether or not to modify
REPUBLIC ACT No. 10927 or lift the freeze order, or extend its effectivity. The total period
of the freeze order issued by the Cout of Appeals under this
provision shall not exceed six (6) months. This is without
prejudice to an asset preservation order that the Regional Trial
Court having jurisdiction over the appropriate anti-money
laundering case or civil forfeiture case may issue on the same
account depending upon the circumstances of the case, where
the Court of Appeals will remand the case and its
records: Provided, That if there is no case filed against a person
whose account has been frozen within the period determined by
the Court of Appeals, not exceeding six (6) months, the freeze
order shall be seemed ipso facto lifted: Provided, further, That
this new rule shall not apply to pending cases in the courts. 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 no working day, the
computation of the twenty-four (24)-hour period shall exclude
the nonworking days.

"The freeze order or asset preservation order issued under this

Act shall be limited only to the amount of cash or monetary
instrument or value of property that the court finds there is
probable cause to be considered as proceeds of a predicate
offense, and the freeze order or asset preservation order shall
not apply to amounts in the same account in excess of the
amount or value of the proceeds of the predicate offense.

Section 5. Section of Republic Act No. 9160 is hereby amended

by inserting a new paragraph a read as follows:

"Sec. 18. Implementing Rules and Regulations.—

"Within ninety (90) days from the effectivity of this Act, the
AMLC, the Philippine Amusement and Gaming Corporation
(PAGCOR) and other government regulatory agencies shall
jointly promulgate the rules and regulations to implement the
provisions of this Act as applicable to casinos as covered
institutions. The implementing rules applicable to other covered
institiations shall not apply to casinos unless it is expressly so
provided under the rules and regulations to implement the
provisions of this Act."