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PRESIDENTIAL DECREE No.

46 November 10, 1972 Done in the City of Manila, this 10th day of November, in
the year of Our Lord, nineteen hundred and seventy-two.
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS
AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE
PERSONS TO GIVE, GIFTS ON ANY OCCASION,
INCLUDING CHRISTMAS

WHEREAS, under existing laws and the civil service


rules, it is prohibited to receive, directly or indirectly, any
gift, present or any other form of benefit in the course of
official duties;

WHEREAS, it is believed necessary to put more teeth to


existing laws and regulations to wipe out all conceivable
forms of graft and corruption in the public service, the
members of which should not only be honest but above
suspicion and reproach; and

WHEREAS, the stoppage of the practice of gift-giving to


government men is a concrete step in the administration's
program of reforms for the development of new moral
values in the social structure of the country, one of the
main objectives of the New Society;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers
vested in me by the Constitution as Commander-in-Chief
of all the Armed Forces of the Philippines, and pursuant
to Proclamation No. 1081 dated September 21, 1972, and
General Order No. 1 dated September 22, 1972, do
hereby make it punishable for any public official or
employee, whether of the national or local governments,
to receive, directly or indirectly, and for private persons to
give, or offer to give, any gift, present or other valuable
thing to any occasion, including Christmas, when such
gift, present or other valuable thing is given by reason of
his official position, regardless of whether or not the same
is for past favor or favors or the giver hopes or expects to
receive a favor or better treatment in the future from the
public official or employee concerned in the discharge of
his official functions. Included within the prohibition is the
throwing of parties or entertainments in honor of the
official or employees or his immediate relatives.

For violation of this Decree, the penalty of imprisonment


for not less than one (1) year nor more than five (5) years
and perpetual disqualification from public office shall be
imposed. The official or employee concerned shall
likewise be subject to administrative disciplinary action
and, if found guilty, shall be meted out the penalty of
suspension or removal, depending on the seriousness of
the offense.

Any provision of law, executive order, rule or regulation or


circular inconsistent with this Decree is hereby repealed
or modified accordingly.

This Decree shall take effect immediately after its


publication.
REPUBLIC ACT No. 3019 with any contract or transaction between the
Government and any other part, wherein the
ANTI-GRAFT AND CORRUPT PRACTICES ACT public officer in his official capacity has to
intervene under the law.
Section 1. Statement of policy. It is the policy of the
Philippine Government, in line with the principle that a (c) Directly or indirectly requesting or receiving
public office is a public trust, to repress certain acts of any gift, present or other pecuniary or material
public officers and private persons alike which constitute benefit, for himself or for another, from any
graft or corrupt practices or which may lead thereto. person for whom the public officer, in any manner
or capacity, has secured or obtained, or will
Section 2. Definition of terms. As used in this Act, that secure or obtain, any Government permit or
license, in consideration for the help given or to
term
be given, without prejudice to Section thirteen of
this Act.
(a) "Government" includes the national
government, the local governments, the
(d) Accepting or having any member of his family
government-owned and government-controlled
accept employment in a private enterprise which
corporations, and all other instrumentalities or
agencies of the Republic of the Philippines and has pending official business with him during the
their branches. pendency thereof or within one year after its
termination.
(b) "Public officer" includes elective and
(e) Causing any undue injury to any party,
appointive officials and employees, permanent or
temporary, whether in the classified or including the Government, or giving any private
unclassified or exempt service receiving party any unwarranted benefits, advantage or
preference in the discharge of his official
compensation, even nominal, from the
administrative or judicial functions through
government as defined in the preceding
manifest partiality, evident bad faith or gross
subparagraph.
inexcusable negligence. This provision shall
apply to officers and employees of offices or
(c) "Receiving any gift" includes the act of government corporations charged with the grant
accepting directly or indirectly a gift from a person of licenses or permits or other concessions.
other than a member of the public officer's
immediate family, in behalf of himself or of any
member of his family or relative within the fourth (f) Neglecting or refusing, after due demand or
civil degree, either by consanguinity or affinity, request, without sufficient justification, to act
within a reasonable time on any matter pending
even on the occasion of a family celebration or
before him for the purpose of obtaining, directly
national festivity like Christmas, if the value of the
or indirectly, from any person interested in the
gift is under the circumstances manifestly
matter some pecuniary or material benefit or
excessive.
advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or
(d) "Person" includes natural and juridical discriminating against any other interested party.
persons, unless the context indicates otherwise.
(g) Entering, on behalf of the Government, into
Section 3. Corrupt practices of public officers. In addition any contract or transaction manifestly and grossly
to acts or omissions of public officers already penalized disadvantageous to the same, whether or not the
by existing law, the following shall constitute corrupt public officer profited or will profit thereby.
practices of any public officer and are hereby declared to
be unlawful:
(h) Director or indirectly having financing or
pecuniary interest in any business, contract or
(a) Persuading, inducing or influencing another transaction in connection with which he
public officer to perform an act constituting a intervenes or takes part in his official capacity, or
violation of rules and regulations duly in which he is prohibited by the Constitution or by
promulgated by competent authority or an any law from having any interest.
offense in connection with the official duties of the
latter, or allowing himself to be persuaded,
(i) Directly or indirectly becoming interested, for
induced, or influenced to commit such violation or
personal gain, or having a material interest in any
offense.
transaction or act requiring the approval of a
board, panel or group of which he is a member,
(b) Directly or indirectly requesting or receiving and which exercises discretion in such approval,
any gift, present, share, percentage, or benefit, even if he votes against the same or does not
for himself or for any other person, in connection
participate in the action of the board, committee, application with the Government: Provided, That this
panel or group. section shall not apply to any person who, prior to the
assumption of office of any of the above officials to whom
Interest for personal gain shall be presumed he is related, has been already dealing with the
against those public officers responsible for the Government along the same line of business, nor to any
approval of manifestly unlawful, inequitable, or transaction, contract or application already existing or
irregular transaction or acts by the board, panel pending at the time of such assumption of public office,
or group to which they belong. nor to any application filed by him the approval of which
is not discretionary on the part of the official or officials
concerned but depends upon compliance with requisites
(j) Knowingly approving or granting any license,
provided by law, or rules or regulations issued pursuant
permit, privilege or benefit in favor of any person
to law, nor to any act lawfully performed in an official
not qualified for or not legally entitled to such
capacity or in the exercise of a profession.
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
so qualified or entitled. Section 6. Prohibition on Members of Congress. It shall
be unlawful hereafter for any Member of the Congress
during the term for which he has been elected, to acquire
(k) Divulging valuable information of a
or receive any personal pecuniary interest in any specific
confidential character, acquired by his office or by
him on account of his official position to business enterprise which will be directly and particularly
unauthorized persons, or releasing such favored or benefited by any law or resolution authored by
him previously approved or adopted by the Congress
information in advance of its authorized release
during the same term.
date.

The person giving the gift, present, share, percentage or The provision of this section shall apply to any other public
officer who recommended the initiation in Congress of the
benefit referred to in subparagraphs (b) and (c); or
enactment or adoption of any law or resolution, and
offering or giving to the public officer the employment
acquires or receives any such interest during his
mentioned in subparagraph (d); or urging the divulging or
incumbency.
untimely release of the confidential information referred to
in subparagraph (k) of this section shall, together with the
offending public officer, be punished under Section nine It shall likewise be unlawful for such member of Congress
of this Act and shall be permanently or temporarily or other public officer, who, having such interest prior to
disqualified in the discretion of the Court, from transacting the approval of such law or resolution authored or
business in any form with the Government. recommended by him, continues for thirty days after such
approval to retain such interest.
Section 4. Prohibition on private individuals. (a) It shall be
unlawful for any person having family or close personal Section 7. Statement of assets and liabilities. Every
relation with any public official to capitalize or exploit or public officer, within thirty days after the approval of this
take advantage of such family or close personal relation Act or after assuming office, and within the month of
by directly or indirectly requesting or receiving any January of every other year thereafter, as well as upon
present, gift or material or pecuniary advantage from any the expiration of his term of office, or upon his resignation
other person having some business, transaction, or separation from office, shall prepare and file with the
application, request or contract with the government, in office of the corresponding Department Head, or in the
which such public official has to intervene. Family relation case of a Head of Department or chief of an independent
shall include the spouse or relatives by consanguinity or office, with the Office of the President, or in the case of
affinity in the third civil degree. The word "close personal members of the Congress and the officials and
relation" shall include close personal friendship, social employees thereof, with the Office of the Secretary of the
and fraternal connections, and professional employment corresponding House, a true detailed and sworn
all giving rise to intimacy which assures free access to statement of assets and liabilities, including a statement
such public officer. of the amounts and sources of his income, the amounts
of his personal and family expenses and the amount of
(b) It shall be unlawful for any person knowingly income taxes paid for the next preceding calendar year:
Provided, That public officers assuming office less than
to induce or cause any public official to commit
two months before the end of the calendar year, may file
any of the offenses defined in Section 3 hereof.
their statements in the following months of January.
Section 5. Prohibition on certain relatives. It shall be
Section 8. Dismissal due to unexplained wealth. If in
unlawful for the spouse or for any relative, by
accordance with the provisions of Republic Act Numbered
consanguinity or affinity, within the third civil degree, of
One thousand three hundred seventy-nine, a public
the President of the Philippines, the Vice-President of the
official has been found to have acquired during his
Philippines, the President of the Senate, or the Speaker
incumbency, whether in his name or in the name of other
of the House of Representatives, to intervene, directly or
indirectly, in any business, transaction, contract or persons, an amount of property and/or money manifestly
out of proportion to his salary and to his other lawful entitled to reinstatement and to the salaries and benefits
income, that fact shall be a ground for dismissal or which he failed to receive during suspension, unless in the
removal. Properties in the name of the spouse and meantime administrative proceedings have been filed
unmarried children of such public official may be taken against him.
into consideration, when their acquisition through
legitimate means cannot be satisfactorily shown. Bank Section 14. Exception. Unsolicited gifts or presents of
deposits shall be taken into consideration in the small or insignificant value offered or given as a mere
enforcement of this section, notwithstanding any ordinary token of gratitude or friendship according to local
provision of law to the contrary. customs or usage, shall be excepted from the provisions
of this Act.
Section 9. Penalties for violations. (a) Any public officer
or private person committing any of the unlawful acts or Nothing in this Act shall be interpreted to prejudice or
omissions enumerated in Sections 3, 4, 5 and 6 of this Act prohibit the practice of any profession, lawful trade or
shall be punished with imprisonment for not less than one occupation by any private person or by any public officer
year nor more than ten years, perpetual disqualification who under the law may legitimately practice his
from public office, and confiscation or forfeiture in favor of profession, trade or occupation, during his incumbency,
the Government of any prohibited interest and except where the practice of such profession, trade or
unexplained wealth manifestly out of proportion to his occupation involves conspiracy with any other person or
salary and other lawful income. public official to commit any of the violations penalized in
this Act.
Any complaining party at whose complaint the criminal
prosecution was initiated shall, in case of conviction of the Section 15. Separability clause. If any provision of this
accused, be entitled to recover in the criminal action with Act or the application of such provision to any person or
priority over the forfeiture in favor of the Government, the circumstances is declared invalid, the remainder of the
amount of money or the thing he may have given to the Act or the application of such provision to other persons
accused, or the value of such thing. or circumstances shall not be affected by such
declaration.
(b) Any public officer violation any of the
provisions of Section 7 of this Act shall be Section 16. Effectivity. This Act shall take effect on its
punished by a fine of not less than one hundred approval, but for the purpose of determining unexplained
pesos nor more than one thousand pesos, or by wealth, all property acquired by a public officer since he
imprisonment not exceeding one year, or by both assumed office shall be taken into consideration.
such fine and imprisonment, at the discretion of
the Court. Approved: August 17, 1960

The violation of said section proven in a proper


administrative proceeding shall be sufficient cause for
removal or dismissal of a public officer, even if no criminal
prosecution is instituted against him.

Section 10. Competent court. Until otherwise provided by


law, all prosecutions under this Act shall be within the
original jurisdiction of the proper Court of First Instance.

Section 11. Prescription of offenses. All offenses


punishable under this Act shall prescribe in ten years.

Section 12. Termination of office. No public officer shall


be allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution
against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.

Section 13. Suspension and loss of benefits. Any public


officer against whom any criminal prosecution under a
valid information under this Act or under the provisions of
the Revised Penal Code on bribery is pending in court,
shall be suspended from office. Should he be convicted
by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be
REPUBLIC ACT NO. 10910, July 21, 2016

AN ACT INCREASING THE PRESCRIPTIVE


PERIOD FOR VIOLATIONS OF REPUBLIC ACT
NO. 3019, OTHERWISE KNOWN AS THE
“ANTI-GRAFT AND CORRUPT PRACTICES
ACT’, FROM FIFTEEN (15) YEARS TO TWENTY
(20) YEARS, AMENDING SECTION II
THEREOF

Be it enacted by the Senate and House of


Representatives of the Philippines in Congress
assembled:chanRoblesvirtualLawlibrary

Section 1. Section 11 of Republic Act No. 3019, as


amended, otherwise known as the “Anti-Graft
and Corrupt Practices Act”, is hereby further
amended to read as follows:

“Sec. 11. Prescription of Offenses. – All offenses


punishable under this Act shall prescribe in twenty
years.”
Sec. 2. Separability Clause. – Should any
provision of this Act be declared invalid, the
remaining provisions shall continue to be valid and
subsisting.

Sec. 3. Repealing Clause. – All laws, executive


orders, or administrative orders, rules and
regulations or parts thereof, which are
inconsistent with this Act are hereby amended,
repealed or modified accordingly.

Sec. 4. Effectivity. – This Act shall take effect


fifteen (15) days after its publication in at least
two (2) newspapers of general circulation.
Republic Act No. 6713 February 20, 1989 neither nominal nor insignificant, or the gift is
given in anticipation of, or in exchange for, a
AN ACT ESTABLISHING A CODE OF CONDUCT AND favor.
ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES, TO UPHOLD THE TIME-HONORED (e) "Loan" covers both simple loan and
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC commodatum as well as guarantees, financing
TRUST, GRANTING INCENTIVES AND REWARDS arrangements or accommodations intended to
FOR EXEMPLARY SERVICE, ENUMERATING ensure its approval.
PROHIBITED ACTS AND TRANSACTIONS AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF (f) "Substantial stockholder" means any person
AND FOR OTHER PURPOSES who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This
Be it enacted by the Senate and House of term shall also apply to the parties to a voting
Representatives of the Philippines in Congress trust.
assembled::
(g) "Family of public officials or employees"
Section 1. Title. - This Act shall be known as the "Code means their spouses and unmarried children
of Conduct and Ethical Standards for Public Officials and under eighteen (18) years of age.
Employees."
(h) "Person" includes natural and juridical
Section 2. Declaration of Policies. - It is the policy of the persons unless the context indicates otherwise.
State to promote a high standard of ethics in public
service. Public officials and employees shall at all times (i) "Conflict of interest" arises when a public
be accountable to the people and shall discharge their official or employee is a member of a board, an
duties with utmost responsibility, integrity, competence, officer, or a substantial stockholder of a private
and loyalty, act with patriotism and justice, lead modest corporation or owner or has a substantial interest
lives, and uphold public interest over personal interest. in a business, and the interest of such corporation
or business, or his rights or duties therein, may
Section 3. Definition of Terms. - As used in this Act, the be opposed to or affected by the faithful
term: performance of official duty.

(a) "Government" includes the National (j) "Divestment" is the transfer of title or disposal
Government, the local governments, and all other of interest in property by voluntarily, completely
instrumentalities, agencies or branches of the and actually depriving or dispossessing oneself of
Republic of the Philippines including government- his right or title to it in favor of a person or persons
owned or controlled corporations, and their other than his spouse and relatives as defined in
subsidiaries.lawphi1.net this Act.

(b) "Public Officials" includes elective and (k) "Relatives" refers to any and all persons
appointive officials and employees, permanent or related to a public official or employee within the
temporary, whether in the career or non-career fourth civil degree of consanguinity or affinity,
service, including military and police personnel, including bilas, inso and balae.
whether or not they receive compensation,
regardless of amount. Section 4. Norms of Conduct of Public Officials and
Employees. - (A) Every public official and employee shall
(c) "Gift" refers to a thing or a right to dispose of observe the following as standards of personal conduct in
gratuitously, or any act or liberality, in favor of the discharge and execution of official duties:
another who accepts it, and shall include a
simulated sale or an ostensibly onerous (a) Commitment to public interest. -
disposition thereof. It shall not include an Public officials and employees shall
unsolicited gift of nominal or insignificant value always uphold the public interest over
not given in anticipation of, or in exchange for, a and above personal interest. All
favor from a public official or employee. government resources and powers of
their respective offices must be
(d) "Receiving any gift" includes the act of employed and used efficiently,
accepting directly or indirectly, a gift from a effectively, honestly and economically,
person other than a member of his family or particularly to avoid wastage in public
relative as defined in this Act, even on the funds and revenues.
occasion of a family celebration or national
festivity like Christmas, if the value of the gift is
(b) Professionalism. - Public officials and technology and encourage appreciation
employees shall perform and discharge and pride of country and people. They
their duties with the highest degree of shall endeavor to maintain and defend
excellence, professionalism, intelligence Philippine sovereignty against foreign
and skill. They shall enter public service intrusion.
with utmost devotion and dedication to
duty. They shall endeavor to discourage (g) Commitment to democracy. - Public
wrong perceptions of their roles as officials and employees shall commit
dispensers or peddlers of undue themselves to the democratic way of life
patronage. and values, maintain the principle of
public accountability, and manifest by
(c) Justness and sincerity. - Public deeds the supremacy of civilian authority
officials and employees shall remain true over the military. They shall at all times
to the people at all times. They must act uphold the Constitution and put loyalty to
with justness and sincerity and shall not country above loyalty to persons or party.
discriminate against anyone, especially
the poor and the underprivileged. They (h) Simple living. - Public officials and
shall at all times respect the rights of employees and their families shall lead
others, and shall refrain from doing acts modest lives appropriate to their
contrary to law, good morals, good positions and income. They shall not
customs, public policy, public order, indulge in extravagant or ostentatious
public safety and public interest. They display of wealth in any form.
shall not dispense or extend undue
favors on account of their office to their
(B) The Civil Service Commission shall adopt
relatives whether by consanguinity or positive measures to promote (1) observance of
affinity except with respect to
these standards including the dissemination of
appointments of such relatives to
information programs and workshops authorizing
positions considered strictly confidential
merit increases beyond regular progression
or as members of their personal staff
steps, to a limited number of employees
whose terms are coterminous with theirs. recognized by their office colleagues to be
outstanding in their observance of ethical
(d) Political neutrality. - Public officials standards; and (2) continuing research and
and employees shall provide service to experimentation on measures which provide
everyone without unfair discrimination positive motivation to public officials and
and regardless of party affiliation or employees in raising the general level of
preference. observance of these standards.

(e) Responsiveness to the public. - Public Section 5. Duties of Public Officials and Employees. - In
officials and employees shall extend the performance of their duties, all public officials and
prompt, courteous, and adequate service employees are under obligation to:lawphi1.net
to the public. Unless otherwise provided
by law or when required by the public
(a) Act promptly on letters and requests. - All
interest, public officials and employees
public officials and employees shall, within fifteen
shall provide information of their policies
(15) working days from receipt thereof, respond
and procedures in clear and
to letters, telegrams or other means of
understandable language, ensure communications sent by the public. The reply
openness of information, public
must contain the action taken on the request.
consultations and hearings whenever
appropriate, encourage suggestions,
simplify and systematize policy, rules and (b) Submit annual performance reports. - All
procedures, avoid red tape and develop heads or other responsible officers of offices and
an understanding and appreciation of the agencies of the government and of government-
socio-economic conditions prevailing in owned or controlled corporations shall, within
the country, especially in the depressed forty-five (45) working days from the end of the
rural and urban areas. year, render a performance report of the agency
or office or corporation concerned. Such report
shall be open and available to the public within
(f) Nationalism and patriotism. - Public regular office hours.
officials and employees shall at all times
be loyal to the Republic and to the
Filipino people, promote the use of locally (c) Process documents and papers expeditiously.
produced goods, resources and - All official papers and documents must be
processed and completed within a reasonable
time from the preparation thereof and must (a) Financial and material interest. - Public
contain, as far as practicable, not more than three officials and employees shall not, directly or
(3) signatories therein. In the absence of duly indirectly, have any financial or material interest
authorized signatories, the official next-in-rank or in any transaction requiring the approval of their
officer in charge shall sign for and in their behalf. office.

(d) Act immediately on the public's personal (b) Outside employment and other activities
transactions. - All public officials and employees related thereto. - Public officials and employees
must attend to anyone who wants to avail himself during their incumbency shall not:
of the services of their offices and must, at all
times, act promptly and expeditiously. (1) Own, control, manage or accept
employment as officer, employee,
(e) Make documents accessible to the public. - All consultant, counsel, broker, agent,
public documents must be made accessible to, trustee or nominee in any private
and readily available for inspection by, the public enterprise regulated, supervised or
within reasonable working hours. licensed by their office unless expressly
allowed by law;
Section 6. System of Incentives and Rewards. - A system
of annual incentives and rewards is hereby established in (2) Engage in the private practice of their
order to motivate and inspire public servants to uphold the profession unless authorized by the
highest standards of ethics. For this purpose, a Constitution or law, provided, that such
Committee on Awards to Outstanding Public Officials and practice will not conflict or tend to conflict
Employees is hereby created composed of the following: with their official functions; or
the Ombudsman and Chairman of the Civil Service
Commission as Co-Chairmen, and the Chairman of the (3) Recommend any person to any
Commission on Audit, and two government employees to position in a private enterprise which has
be appointed by the President, as members. a regular or pending official transaction
with their office.
It shall be the task of this Committee to conduct a periodic,
continuing review of the performance of public officials These prohibitions shall continue to apply for a
and employees, in all the branches and agencies of period of one (1) year after resignation,
Government and establish a system of annual incentives retirement, or separation from public office,
and rewards to the end that due recognition is given to except in the case of subparagraph (b) (2) above,
public officials and employees of outstanding merit on the but the professional concerned cannot practice
basis of the standards set forth in this Act. his profession in connection with any matter
before the office he used to be with, in which case
The conferment of awards shall take into account, among the one-year prohibition shall likewise apply.
other things, the following: the years of service and the
quality and consistency of performance, the obscurity of (c) Disclosure and/or misuse of confidential
the position, the level of salary, the unique and exemplary information. - Public officials and employees shall
quality of a certain achievement, and the risks or not use or divulge, confidential or classified
temptations inherent in the work. Incentives and rewards information officially known to them by reason of
to government officials and employees of the year to be their office and not made available to the public,
announced in public ceremonies honoring them may take either:
the form of bonuses, citations, directorships in
government-owned or controlled corporations, local and
(1) To further their private interests, or
foreign scholarship grants, paid vacations and the like.
give undue advantage to anyone; or
They shall likewise be automatically promoted to the next
higher position with the commensurate salary suitable to
their qualifications. In case there is no next higher position (2) To prejudice the public interest.
or it is not vacant, said position shall be included in the
budget of the office in the next General Appropriations (d) Solicitation or acceptance of gifts. - Public
Act. The Committee on Awards shall adopt its own rules officials and employees shall not solicit or accept,
to govern the conduct of its activities. directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value
Section 7. Prohibited Acts and Transactions. - In addition from any person in the course of their official
to acts and omissions of public officials and employees duties or in connection with any operation being
now prescribed in the Constitution and existing laws, the regulated by, or any transaction which may be
following shall constitute prohibited acts and transactions affected by the functions of their office.
of any public official and employee and are hereby
declared to be unlawful:
As to gifts or grants from foreign governments, (b) personal property and acquisition
the Congress consents to: cost;

(i) The acceptance and retention by a (c) all other assets such as investments,
public official or employee of a gift of cash on hand or in banks, stocks, bonds,
nominal value tendered and received as and the like;
a souvenir or mark of courtesy;
(d) liabilities, and;
(ii) The acceptance by a public official or
employee of a gift in the nature of a (e) all business interests and financial
scholarship or fellowship grant or medical connections.
treatment; or
The documents must be filed:
(iii) The acceptance by a public official or
employee of travel grants or expenses for
(a) within thirty (30) days after
travel taking place entirely outside the
assumption of office;
Philippine (such as allowances,
transportation, food, and lodging) of more
than nominal value if such acceptance is (b) on or before April 30, of every year
appropriate or consistent with the thereafter; and
interests of the Philippines, and permitted
by the head of office, branch or agency to (c) within thirty (30) days after separation
which he belongs. from the service.

The Ombudsman shall prescribe such All public officials and employees required under
regulations as may be necessary to carry out the this section to file the aforestated documents
purpose of this subsection, including pertinent shall also execute, within thirty (30) days from the
reporting and disclosure requirements. date of their assumption of office, the necessary
authority in favor of the Ombudsman to obtain
Nothing in this Act shall be construed to restrict or from all appropriate government agencies,
prohibit any educational, scientific or cultural including the Bureau of Internal Revenue, such
exchange programs subject to national security documents as may show their assets, liabilities,
requirements. net worth, and also their business interests and
financial connections in previous years, including,
if possible, the year when they first assumed any
Section 8. Statements and Disclosure. - Public officials
office in the Government.
and employees have an obligation to accomplish and
submit declarations under oath of, and the public has the
right to know, their assets, liabilities, net worth and Husband and wife who are both public officials or
financial and business interests including those of their employees may file the required statements
spouses and of unmarried children under eighteen (18) jointly or separately.
years of age living in their households.
The Statements of Assets, Liabilities and Net
(A) Statements of Assets and Liabilities and Worth and the Disclosure of Business Interests
Financial Disclosure. - All public officials and and Financial Connections shall be filed by:
employees, except those who serve in an
honorary capacity, laborers and casual or (1) Constitutional and national elective
temporary workers, shall file under oath their officials, with the national office of the
Statement of Assets, Liabilities and Net Worth Ombudsman;
and a Disclosure of Business Interests and
Financial Connections and those of their spouses (2) Senators and Congressmen, with the
and unmarried children under eighteen (18) years Secretaries of the Senate and the House
of age living in their households. of Representatives, respectively;
Justices, with the Clerk of Court of the
The two documents shall contain information on Supreme Court; Judges, with the Court
the following: Administrator; and all national executive
officials with the Office of the President.
(a) real property, its improvements,
acquisition costs, assessed value and (3) Regional and local officials and
current fair market value; employees, with the Deputy
Ombudsman in their respective regions;
(4) Officers of the armed forces from the The requirement of divestment shall not apply to those
rank of colonel or naval captain, with the who serve the Government in an honorary capacity nor to
Office of the President, and those below laborers and casual or temporary workers.
said ranks, with the Deputy Ombudsman
in their respective regions; and Section 10. Review and Compliance Procedure. - (a)
The designated Committees of both Houses of the
(5) All other public officials and Congress shall establish procedures for the review of
employees, defined in Republic Act No. statements to determine whether said statements which
3019, as amended, with the Civil Service have been submitted on time, are complete, and are in
Commission. proper form. In the event a determination is made that a
statement is not so filed, the appropriate Committee shall
(B) Identification and disclosure of relatives. - It shall be so inform the reporting individual and direct him to take
the duty of every public official or employee to identify and the necessary corrective action.
disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and (b) In order to carry out their responsibilities under
frequency prescribed by the Civil Service Commission. this Act, the designated Committees of both
Houses of Congress shall have the power within
(C) Accessibility of documents. - (1) Any and all their respective jurisdictions, to render any
statements filed under this Act, shall be made available opinion interpreting this Act, in writing, to persons
for inspection at reasonable hours. covered by this Act, subject in each instance to
the approval by affirmative vote of the majority of
the particular House concerned.
(2) Such statements shall be made available for
copying or reproduction after ten (10) working
days from the time they are filed as required by The individual to whom an opinion is rendered,
law. and any other individual involved in a similar
factual situation, and who, after issuance of the
opinion acts in good faith in accordance with it
(3) Any person requesting a copy of a statement
shall be required to pay a reasonable fee to cover shall not be subject to any sanction provided in
the cost of reproduction and mailing of such this Act.
statement, as well as the cost of certification.
(c) The heads of other offices shall perform the
duties stated in subsections (a) and (b) hereof
(4) Any statement filed under this Act shall be
available to the public for a period of ten (10) insofar as their respective offices are concerned,
years after receipt of the statement. After such subject to the approval of the Secretary of
Justice, in the case of the Executive Department
period, the statement may be destroyed unless
and the Chief Justice of the Supreme Court, in the
needed in an ongoing investigation.
case of the Judicial Department.
(D) Prohibited acts. - It shall be unlawful for any person to
Section 11. Penalties. - (a) Any public official or
obtain or use any statement filed under this Act for:
employee, regardless of whether or not he holds office or
employment in a casual, temporary, holdover, permanent
(a) any purpose contrary to morals or public or regular capacity, committing any violation of this Act
policy; or shall be punished with a fine not exceeding the equivalent
of six (6) months' salary or suspension not exceeding one
(b) any commercial purpose other than by news (1) year, or removal depending on the gravity of the
and communications media for dissemination to offense after due notice and hearing by the appropriate
the general public. body or agency. If the violation is punishable by a heavier
penalty under another law, he shall be prosecuted under
Section 9. Divestment. - A public official or employee the latter statute. Violations of Sections 7, 8 or 9 of this
shall avoid conflicts of interest at all times. When a conflict Act shall be punishable with imprisonment not exceeding
of interest arises, he shall resign from his position in any five (5) years, or a fine not exceeding five thousand pesos
private business enterprise within thirty (30) days from his (P5,000), or both, and, in the discretion of the court of
assumption of office and/or divest himself of his competent jurisdiction, disqualification to hold public
shareholdings or interest within sixty (60) days from such office.
assumption.
(b) Any violation hereof proven in a proper
The same rule shall apply where the public official or administrative proceeding shall be sufficient
employee is a partner in a partnership. cause for removal or dismissal of a public official
or employee, even if no criminal prosecution is
instituted against him.
(c) Private individuals who participate in repealed or modified accordingly, unless the same
conspiracy as co-principals, accomplices or provide for a heavier penalty.
accessories, with public officials or employees, in
violation of this Act, shall be subject to the same Section 17. Effectivity. - This Act shall take effect after
penal liabilities as the public officials or thirty (30) days following the completion of its publication
employees and shall be tried jointly with them. in the Official Gazette or in two (2) national newspapers
of general circulation.
(d) The official or employee concerned may bring
an action against any person who obtains or uses Approved, February 20, 1989.
a report for any purpose prohibited by Section 8
(D) of this Act. The Court in which such action is
brought may assess against such person a
penalty in any amount not to exceed twenty-five
thousand pesos (P25,000). If another sanction
hereunder or under any other law is heavier, the
latter shall apply.

Section 12. Promulgation of Rules and Regulations,


Administration and Enforcement of this Act. - The Civil
Service Commission shall have the primary responsibility
for the administration and enforcement of this Act. It shall
transmit all cases for prosecution arising from violations
of this Act to the proper authorities for appropriate action:
Provided, however, That it may institute such
administrative actions and disciplinary measures as may
be warranted in accordance with law. Nothing in this
provision shall be construed as a deprivation of the right
of each House of Congress to discipline its Members for
disorderly behavior.

The Civil Service Commission is hereby authorized to


promulgate rules and regulations necessary to carry out
the provisions of this Act, including guidelines for
individuals who render free voluntary service to the
Government. The Ombudsman shall likewise take steps
to protect citizens who denounce acts or omissions of
public officials and employees which are in violation of this
Act.

Section 13. Provisions for More Stringent Standards. -


Nothing in this Act shall be construed to derogate from
any law, or any regulation prescribed by any body or
agency, which provides for more stringent standards for
its official and employees.

Section 14. Appropriations. - The sum necessary for the


effective implementation of this Act shall be taken from
the appropriations of the Civil Service Commission.
Thereafter, such sum as may be needed for its continued
implementation shall be included in the annual General
Appropriations Act.

Section 15. Separability Clause. - If any provision of this


Act or the application of such provision to any person or
circumstance is declared invalid, the remainder of the Act
or the application of such provision to other persons or
circumstances shall not be affected by such declaration.

Section 16. Repealing Clause. - All laws, decrees and


orders or parts thereof inconsistent herewith, are deemed
REPUBLIC ACT No. 1379 why the property aforesaid, or any part thereof, should not
be declared property of the State: Provided, That no such
AN ACT DECLARING FORFEITURE IN FAVOR OF THE petition shall be filed within one year before any general
STATE ANY PROPERTY FOUND TO HAVE BEEN election or within three months before any special
UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER election.
OR EMPLOYEE AND PROVIDING FOR THE
PROCEEDINGS THEREFOR. The resignation, dismissal or separation of the officer or
employee from his office or employment in the
Section 1. Definitions. (a) For the purposes of this Act, a Government or in the Government-owned or controlled
"public officer or employee" means any person holding corporation shall not be a bar to the filing of the
any public office or employment by virtue of an petition: Provided, however, That the right to file such
appointment, election or contract, and any person holding petition shall prescribe after four years from the date of
any office or employment, by appointment or contract, in the resignation, dismissal or separation or expiration of
any State owned or controlled corporation or enterprise. the term of the office or employee concerned, except as
to those who have ceased to hold office within ten years
prior to the approval of this Act, in which case the
(b) "Other legitimately acquired property" means
proceedings shall prescribe after four years from the
any real or personal property, money or securities
approval hereof.
which the respondent has at any time acquired by
inheritance and the income thereof, or by gift inter
vivos before his becoming a public officer or Section 3. The petition. The petition shall contain the
employee, or any property (or income thereof) following information:
already pertaining to him when he qualified for
public office or employment, or the fruits and (a) The name and address of the respondent.
income of the exclusive property of the
respondent's spouse. It shall not include: (b) The public officer or employment he holds and
such other public offices or employment which he
1. Property unlawfully acquired by the has previously held.
respondent, but its ownership is
concealed by its being recorded in the (c) The approximate amount of property he has
name of, or held by, the respondent's acquired during his incumbency in his past and
spouse, ascendants, descendants, present offices and employments.
relatives, or any other person.
(d) A description of said property, or such thereof
2. Property unlawfully acquired by the as has been identified by the Solicitor General.
respondent, but transferred by him to
another person or persons on or after the
(e) The total amount of his government salary and
effectivity of this Act.
other proper earnings and incomes from
legitimately acquired property, and
3. Property donated to the respondent
during his incumbency, unless he can
(f) Such other information as may enable the
prove to the satisfaction of the court that
court to determine whether or not the respondent
the donation is lawful.
has unlawfully acquired property during his
incumbency.
Section 2. Filing of petition. Whenever any public officer
or employee has acquired during his incumbency an Section 4. Period for the answer. The respondent shall
amount of property which is manifestly out of proportion
have a period of fifteen days within which to present his
to his salary as such public officer or employee and to his
answer.
other lawful income and the income from legitimately
acquired property, said property shall be presumed prima
facie to have been unlawfully acquired. The Solicitor Section 5. Hearing. The Court shall set a date for a
General, upon complaint by any taxpayer to the city or hearing, which may be open to the public, and during
provincial fiscal who shall conduct a previous inquiry which the respondent shall be given ample opportunity to
similar to preliminary investigations in criminal cases and explain, to the satisfaction of the court, how he has
shall certify to the Solicitor General that there is acquired the property in question.
reasonable ground to believe that there has been
committed a violation of this Act and the respondent is Section 6. Judgment. If the respondent is unable to show
probably guilty thereof, shall file, in the name and on to the satisfaction of the court that he has lawfully
behalf of the Republic of the Philippines, in the Court of acquired the property in question, then the court shall
First Instance of the city or province where said public declare such property, forfeited in favor of the State, and
officer or employee resides or holds office, a petition for a by virtue of such judgment the property aforesaid shall
writ commanding said officer or employee to show cause become property of the State: Provided, That no
judgment shall be rendered within six months before any Section 14. Effective date. This Act shall take effect on
general election or within three months before any special its approval, and shall apply not only to property thereafter
election. The Court may, in addition, refer this case to the unlawfully acquired but also to property unlawfully
corresponding Executive Department for administrative or acquired before the effective date of this Act.
criminal action, or both.
Approved: June 18, 1955
Section 7. Appeal. The parties may appeal from the
judgment of the Court of First Instance as provided in the
Rules of Court for appeals in civil cases.

Section 8. Protection against self-incrimination. Neither


the respondent nor any other person shall be excused
from attending and testifying or from producing books,
papers, correspondence, memoranda and other records
on the ground that the testimony or evidence,
documentary or otherwise, required of him may tend to
incriminate him or subject him to prosecution; but no
individual shall be prosecuted criminally for or on account
of any transaction, matter or thing concerning which he is
compelled, after having claimed his privilege against self-
incrimination, to testify or produce evidence, documentary
or otherwise, except that such individual so testifying shall
not be exempt from prosecution and conviction for perjury
or false testimony committed in so testifying or from
administrative proceedings.

Section 9. Immunity. The Solicitor General may grant


immunity from criminal prosecution to any person who
testifies to the unlawful manner in which the respondent
has acquired any of the property in question in cases
where such testimony is necessary to prove violations of
this Act.

Section 10. Effect of record of title. The fact that any real
property has been recorded in the Registry of Property or
office of the Register of Deeds in the name of the
respondent or of any person mentioned in paragraphs (1)
and (2) of subsection (b) of section one hereof shall not
prevent the rendering of the judgment referred to in
section six of this Act.

Section 11. Laws on prescription. The laws concerning


acquisitive prescription and limitation of actions cannot be
invoked by, nor shall they benefit the respondent, in
respect of any property unlawfully acquired by him.

Section 12. Penalties. Any public officer or employee


who shall, after the effective date of this Act, transfer or
convey any unlawfully acquired property shall be
repressed with imprisonment for a term not exceeding five
years, or a fine not exceeding ten thousand pesos, or both
such imprisonment and fine. The same repression shall
be imposed upon any person who shall knowingly accept
such transfer or conveyance.

Section 13. Separability of provisions. If any provision of


this Act or the application thereof to any person or
circumstance, is held invalid, the remainder of the Act and
the application of such provision to other persons or
circumstances shall not be affected thereby.
PRESIDENTIAL DECREE No. 749 July 18, 1975 1. The information must refer to consummated
violations of any of the above-mentioned
GRANTING IMMUNITY FROM PROSECUTION TO provisions of law, rules and regulations;
GIVERS OF BRIBES AND OTHER GIFTS AND TO
THEIR ACCOMPLICES IN BRIBERY AND OTHER 2. The information and testimony are necessary
GRAFT CASES AGAINST PUBLIC OFFICERS for the conviction of the accused public officer;

WHEREAS, public office is a public trust: public officers 3. Such information and testimony are not yet in
are but servants of the people, whom they must serve with the possession of the State;
utmost fidelity and integrity;
4. Such information and testimony can be
WHEREAS, it has heretofore been virtually impossible to corroborated on its material points; and
secure the conviction and removal of dishonest public
servants owing to the lack of witnesses: the bribe or gift- 5. The informant or witness has not been
givers being always reluctant to testify against the corrupt previously convicted of a crime involving moral
public officials and employees concerned for fear of being turpitude.
indicted and convicted themselves of bribery and
corruption; Section 2. The immunity granted hereunder shall not
attach should it turn out subsequently that the information
WHEREAS, it is better by far and more socially desirable, and/or testimony is false and malicious or made only for
as well as just, that the bribe or gift giver be granted the purpose of harassing, molesting or in any way
immunity from prosecution so that he may freely testify as prejudicing the public officer denounced. In such a case,
to the official corruption, than that the official who receives the public officer so denounced shall be entitled to any
the bribe or gift should be allowed to go free, insolently action, civil or criminal, against said informant or witness.
remaining in public office, and continuing with his
nefarious and corrupt practices, to the great detriment of Section 3. All preliminary investigations conducted by a
the public service and the public interest.
prosecuting fiscal, judge or committee, and all
proceedings undertaken in connection therewith, shall be
NOW, THEREFORE, I, FERDINAND E. MARCOS, strictly confidential or private in order to protect the
President of the Philippines, by virtue of the powers in me reputation of the official under investigation in the event
vested by the Constitution, do hereby decree and order that the report proves to be unfounded or no prima facie
that: case is established.

Section 1. Any person who voluntarily gives information Section 4. All acts, decrees and rules and regulations
about any violation of Articles 210, 211, and 212 of the inconsistent with the provisions of this decree are hereby
Revised Penal Code; Republic Act Numbered Three repealed or modified accordingly.
Thousand Nineteen, as amended; Section 345 of the
Internal Revenue Code and Section 3604 of the Tariff and Section 5. This Decree shall take effect immediately.
Customs Code and other provisions of the said Codes
penalizing abuse or dishonesty on the part of the public
officials concerned; and other laws, rules and regulations DONE in the City of Manila, this 18th day of July, in the
punishing acts of graft, corruption and other forms of year of Our Lord, nineteen hundred and seventy-five.
official abuse; and who willingly testifies against any
public official or employee for such violation shall be
exempt from prosecution or punishment for the offense
with reference to which his information and testimony
were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution:
Provided; that this immunity may be enjoyed even in
cases where the information and testimony are given
against a person who is not a public official but who is a
principal, or accomplice, or accessory in the commission
of any of the above-mentioned violations: Provided,
further, that this immunity may be enjoyed by such
informant or witness notwithstanding that he offered or
gave the bribe or gift to the public official or his accomplice
for such gift or bribe-giving; and Provided, finally, that the
following conditions concur:
Republic Act No. 9485 June 02, 2007 extension of the enumerated applications and/or
requests which are acted upon in the ordinary
AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY course of business of the agency or office
OF GOVERNMENT SERVICE TO THE PUBLIC BY concerned.
REDUCING BUREAUCRATIC RED TAPE,
PREVENTING GRAFT AND CORRUPTION, AND (d) "Action" refers to the written approval or
PROVIDING PENALTIES THEREFOR disapproval made by a government office or
agency on the application or request submitted by
Be it enacted by the Senate and the House of a client for processing.
Representatives of the Philippines in Congress
assembled: (e) "Officer or Employee" refers to a person
employed in a government office or agency
SECTION 1. Short Title. - This Act shall be known as the required to perform specific duties and
"Anti-Red Tape Act of 2007". responsibilities related to the application or
request submitted by a client for processing.
SEC. 2. Declaration of Policy. - It is hereby declared the
policy of the State to promote integrity, accountability, (f) "Irrevelant requirement" refer to any document
proper management of public affairs and public property or performance of an act not directly material to
as well as to establish effective practices aimed at the the resolution of the issues raised in the request
prevention of graft and corruption in government. or needed in the application submitted by the
Towards this end, the State shall maintain honesty and client.
responsibility among its public officials and employees,
and shall take appropriate measures to promote (g) "Fixer" refers to any individual whether or not
transparency in each agency with regard to the manner of officially involved in the operation of a
transacting with the public, which shall encompass a government office or agency who has access to
program for the adoption of simplified procedures that will people working therein, and whether or not in
reduce red tape and expedite transactions in government. collusion with them, facilitates speedy completion
of transactions for pecuniary gain or any other
SEC. 3. Coverage. - This Act shall apply to all advantage or consideration.
government offices and agencies including local
government units and government-owned or -controlled SEC. 5 Reengineering of Systems and Procedures. -
corporations that provide frontline services as defined in All offices and agencies which provide frontline services
this Act. Those performing judicial, quasi-judicial and are hereby mandated to regularly undertake time and
legislative functions are excluded from the coverage of motion studies, undergo evaluation and improvement of
this Act. their transaction systems and procedures and re-
engineer the same if deemed necessary to reduce
SEC. 4. Definition of Terms. - As used in this Act, the bureaucratic red tape and processing time.
following terms are defined as follows:
SEC. 6. Citizen's Charter. - All government agencies
(a) "Simple Transactions" refer to requests or including departments, bureaus, offices, instrumentalities,
applications submitted by clients of a government or government-owned and/or controlled corporations, or
office or agency which only require ministerial local government or district units shall set up their
actions on the part of the public officer or respective service standards to be known as the Citizen's
employee, or that which present only Charter in the form of information billboards which should
inconsequential issues for the resolution by an be posted at the main entrance of offices or at the most
officer or employee of said government office. conspicuous place, and in the form of published materials
written either in English, Filipino, or in the local dialect,
(b) "Complex Transactions" refer to requests or that detail:
applications submitted by clients of a government
office which necessitate the use of discretion in (a) The procedure to obtain a particular service;
the resolution of complicated issues by an officer
or employee of said government office, such (b) The person/s responsible for each step;
transaction to be determined by the office
concerned. (c) The maximum time to conclude the process;

(c) "Frontline Service" refers to the process or (d) The document/s to be presented by the
transaction between clients and government customer, if necessary;
offices or agencies involving applications for any
privilege, right, permit, reward, license,
(e) The amount of fees, if necessary; and
concession, or for any modification, renewal or
(f) The procedure for filing complaints. request and/or application, stating
therein the reason for the disapproval
SEC. 7. Accountability of the Heads of Offices and including a list of specific requirement/s
Agencies. - The head of the office or agency shall be which the client failed to submit.
primarily responsible for the implementation of this Act
and shall be held accountable to the public in rendering (c) Denial of Request for Access to Government
fast, efficient, convenient and reliable service. All Service - Any denial of request for access to
transactions and processes are deemed to have been government service shall be fully explained in
made with the permission or clearance from the highest writing, stating the name of the person making the
authority having jurisdiction over the government office or denial and the grounds upon which such denial is
agency concerned. based. Any denial of request is deemed to have
been made with the permission or clearance from
SEC. 8. Accessing Frontline Services. - The following the highest authority having jurisdiction over the
shall be adopted by all government offices and agencies: government office or agency concerned.

(a) Acceptance of Applications and Request - (1) (d) Limitation of Signatories - The number of
All officers or employees shall accept written signatories in any document shall be limited to a
applications, requests, and/or documents being maximum of five signatures which shall represent
submitted by clients of the office or agencies. officers directly supervising the office or agency
concerned.
(2) The responsible officer or employee
shall acknowledge receipt of such (e) Adoption of Working Schedules to Serve
application and/or request by writing or Clients - Heads of offices and agencies which
printing clearly thereon his/her name, the render frontline services shall adopt appropriate
unit where he/she is connected with, and working schedules to ensure that all clients who
the time and date of receipt. are within their premises prior to the end of official
working hours are attended to and served even
(3) The receiving officer or employee during lunch break and after regular working
shall perform a preliminary assessment hours.
of the request so as to promote a more
expeditious action on requests. (f) Identification Card - All employees transacting
with the public shall be provided with an official
(b) Action of Offices - (1) All applications and/or identification card which should be visibly worn
requests submitted shall be acted upon by the during office hours.
assigned officer or employee during the period
stated in the Citizen's Charter which shall not be (g) Establishment of Public
longer than five working days in the case of Assistance/Complaints Desk - Each office or
simple transactions and ten (10) working days in agency shall establish a public
the case of complex transactions from the date assistance/complaints desk in all their offices.
the request or application was received.
Depending on the nature of the frontline services SEC. 9. Automatic Extension of Permits and
requested or the mandate of the office or agency Licenses. - - If a government office or agency fails to act
under unusual circumstances, the maximum time on an application and/or request for renewal of a license,
prescribed above may be extended. For the permit or authority subject for renewal within the
extension due to nature of frontline services or prescribed period, said permit, license or authority shall
the mandate of the office or agency concerned automatically be extended until a decision or resolution is
the period for the delivery of frontline services rendered on the application for renewal: Provided, That
shall be indicated in the Citizen's Charter. The the automatic extension shall not apply when the permit,
office or agency concerned shall notify the license, or authority covers activities which pose danger
requesting party in writing of the reason for the to public health, public safety, public morals or to public
extension and the final date of release for the policy including, but not limited to, natural resource
extension and the final date of release of the extraction activities.
frontline service/s requested.
SEC. 10. Report Card Survey. - All offices and agencies
(2) No application or request shall be providing frontline services shall be subjected to a Report
returned to the client without appropriate Card Survey to be initiated by the Civil Service
action. In case an application or request Commission, in coordination with the Development
is disapproved, the officer or employee Academy of the Philippines, which shall be used to obtain
who rendered the decision shall send a feedback on how provisions in the Citizen's Charter are
formal notice to the client within five being followed and how the agency is performing.
working days from the receipt of the
The Report Card Survey shall also be used to obtain (b) Grave Offense - Fixing and/or collusion with
information and/or estimates of hidden costs incurred by fixers in consideration of economic and/or other
clients to access frontline services which may include, but gain or advantage.
is not limited to, bribes and payment to fixers.
Penalty - Dismissal and perpetual
A feedback mechanism shall be established in all disqualification from public service.
agencies covered by this Act and the results thereof shall
be incorporated in their annual report. SEC. 12. Criminal Liability for Fixers. - In addition to
Sec. 11 (b), fixers, as defined in this Act, shall suffer the
SEC. 11. Violations. - After compliance with the penalty of imprisonment not exceeding six years or a fine
substantive and procedural due process, the following not less than Twenty Thousand Pesos (P20,000.00) but
shall constitute violations of this Act together with their not more than Two Hundred Thousand Pesos
corresponding penalties: (P200,000.00) or both fine and imprisonment at the
discretion of the court.
(a) Light Offense - (1) Refusal to accept
application and/or request within the prescribed SEC. 13. Civil and Criminal Liability, Not Barred. - The
period or any document being submitted by a finding of administrative liability under this Act shall not be
client; a bar to the filing of criminal, civil or other related charges
under existing laws arising from the same act or omission
(2) Failure to act on an application and/or as herein enumerated.
request or failure to refer back to the
client a request which cannot be acted SEC. 14. Administrative Jurisdiction. - The
upon due to lack of requirement/s within administrative jurisdiction on any violation of the
the prescribed period; provisions of this Act shall be vested in either the Civil
Service Commission (CSC), the Presidential Anti-Graft
(3) Failure to attend to clients who are Commission (PAGC) or the Office of the Ombudsman as
within the premises of the office or determined by appropriate laws and issuances.
agency concerned prior to the end of
official working hours and during lunch SEC. 15. Immunity; Discharge of Co-
Respondent/Accused to be a Witness. - Any public
(4) Failure to render frontline services official or employee or any person having been charged
within the prescribed period on any with another under this Act and who voluntarily gives
application and/or request without due information pertaining to an investigation or who willingly
cause; testifies therefore, shall be exempt from prosecution in the
case/s where his/her information and testimony are given.
The discharge may be granted and directed by the
(5) Failure to give the client a written
investigating body or court upon the application or petition
notice on the disapproval of an
application or request; and of any of the respondent/accused-informant and before
the termination of the investigation: Provided, That:
(6) Imposition of additional irrelevant
(a) There is absolute necessity for the testimony
requirements other than those listed in
of the respondent/accused-informant whose
the first notice.
discharge is requested;
Penalties for light offense shall be as
(b) There is no other direct evidence available for
follows:
the proper prosecution of the offense committed,
except the testimony of said
First Offense - Thirty (30) days respondent/accused-informant;
suspension without pay and
mandatory attendance in Values
(c) The testimony of said respondent/accused-
Orientation Program;
informant can be substantially corroborated in its
material points;
Second Offense - Three (3)
months suspension without pay;
(d) The responden/accused-informant has not
and
been previously convicted of a crime involving
moral turpitude; and
Third Offense - Dismissal and
perpetual disqualification from
(e) Said responden/accused-informant does not
public service.
appear to be the most guilty.
Evidence adduced in support of the discharge shall d) Ill-gotten wealth means any asset, property,
automatically form part of the records of the investigation. business enterprise or material possession of any
Should the investigating body or court deny the motion or person within the purview of Section Two (2)
request for discharge as a witness, his/her sworn hereof, acquired by him directly or indirectly
statement shall be inadmissible as evidence. through dummies, nominees, agents,
subordinates and/or business associates by any
SEC. 16. Implementing Rules and Regulations. - The combination or series of the following means or
Civil Service Commission in coordination with the similar schemes:
Development Academy of the Philippines (DAP), the
Office of the Ombudsman and the Presidential Anti-Graft 1) Through misappropriation,
Commission (PAGC), shall promulgate the necessary conversion, misuse, or malversation of
rules and regulations within ninety (90) days from the public funds or raids on the public
effectivity of this Act. treasury;

SEC. 17. Separability Clause. - If any provision of this 2) By receiving, directly or indirectly, any
Act shall be declared invalid or unconstitutional, such commission, gift, share, percentage,
declaration shall not affect the validity of the remaining kickbacks or any other form of pecuniary
provisions of this Act. benefit from any person and/or entity in
connection with any government contract
SEC. 18. Repealing Clause. - All provisions of laws, or project or by reason of the office or
presidential decrees, letters of instruction and other position of the public officer concerned;
presidential issuances which are incompatible or
inconsistent with the provisions of this Act are hereby 3) By the illegal or fraudulent conveyance
deemed amended or repealed. or disposition of assets belonging to the
National Government or any of its
SEC. 19. Effectivity. - This Act shall take effect within subdivisions, agencies or
fifteen (15) days following its publication in the Official instrumentalities or government-owned
Gazette or in two (2) national newspapers of general or -controlled corporations and their
circulation. subsidiaries;

Approved, 4) By obtaining, receiving or accepting


directly or indirectly any shares of stock,
Republic Act No. 7080 July 12, 1991 equity or any other form of interest or
participation including promise of future
employment in any business enterprise
AN ACT DEFINING AND PENALIZING THE CRIME OF or undertaking;
PLUNDER
5) By establishing agricultural, industrial
Be it enacted by the Senate and House of or commercial monopolies or other
Representatives of the Philippines in Congress combinations and/or implementation of
assembled:: decrees and orders intended to benefit
particular persons or special interests; or
Section 1. Definition of Terms - As used in this Act, the
term - 6) By taking undue advantage of official
position, authority, relationship,
a) Public Officer means any person holding any connection or influence to unjustly enrich
public office in the Government of the Republic of himself or themselves at the expense
the Philippines by virtue of an appointment, and to the damage and prejudice of the
election or contract. Filipino people and the Republic of the
Philippines.
b) Government includes the National
Government, and any of its subdivisions, See Section 2 As amended by Section 12 of RA No.7659
agencies or instrumentalities, including Section 2. Definition of the Crime of Plunder;
government-owned or -controlled corporations Penalties - Any public officer who, by himself or in
and their subsidiaries. connivance with members of his family, relatives by
affinity or consanguinity, business associates,
c) Person includes any natural or juridical person, subordinates or other persons, amasses, accumulates or
unless the context indicates otherwise. acquires ill-gotten wealth through a combination or series
of overt or criminal acts as described in Section 1(d)
hereof, in the aggregate amount or total value of at least
Seventy-five million pesos (P75,000,000.00), shall be
guilty of the crime of plunder and shall be punished by life Approved: July 12, 1991
imprisonment with perpetual absolute disqualification
from holding any public office. Any person who
participated with said public officer in the commission of
plunder shall likewise be punished. In the imposition of
penalties, the degree of participation and the attendance
of mitigating and extenuating circumstances shall be
considered by the court. The court shall declare any and
all ill-gotten wealth and their interests and other incomes
and assets including the properties and shares of stock
derived from the deposit or investment thereof forfeited in
favor of the State.

Section 3. Competent Court - Until otherwise provided


by law, all prosecutions under this Act shall be within the
original jurisdiction of the Sandiganbayan.

Section 4. Rule of Evidence - For purposes of


establishing the crime of plunder, it shall not be necessary
to prove each and every criminal act done by the accused
in furtherance of the scheme or conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being sufficient
to establish beyond reasonable doubt a pattern of overt
or criminal acts indicative of the overall unlawful scheme
or conspiracy.

Section 5. Suspension and Loss of Benefits - Any


public officer against whom any criminal prosecution
under a valid information under this Act in whatever stage
of execution and mode of participation, is pending in
court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is acquitted, he
shall be entitled to reinstatement and to the salaries and
other benefits which he failed to receive during
suspension, unless in the meantime, administrative
proceedings have been filed against him.

Section 6. Prescription of Crimes - The crime


punishable under this Act shall prescribe in twenty (20)
years. However, the right of the State to recover
properties unlawfully acquired by public officers from
them or from their nominees or transferees shall not be
barred by prescription, laches, or estoppel.

Section 7. Separability of Provisions - If any provisions


of this Act or the application thereof to any person or
circumstance is held invalid, the remaining provisions of
this Act and the application of such provisions to other
persons or circumstances shall not be affected thereby.

Section 8. Scope - This Act shall not apply to or affect


pending prosecutions or proceedings, or those which may
be instituted under Executive Order No. 1, issued and
promulgated on February 28, 1986.

Section 9. Effectivity - This Act shall take effect after


fifteen (15) days from its publication in the Official Gazette
and in a newspaper of general circulation.
REPUBLIC ACT N0. 9745 him/her for an act he/she or a third person has
committed or is suspected of having committed;
AN ACT PENALIZING TORTURE AND OTHER CRUEL, or intimidating or coercing him/her or a third
INHUMAN AND DEGRADING TREATMENT OR person; or for any reason based on discrimination
PUNISHMENT AND PRESCRIBING PENALTIES of any kind, when such pain or suffering is
THEREFOR inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority
Be it enacted by the Senate and House of or agent of a person in authority. It does not
Representatives of the Philippines in Congress include pain or Buffering arising only from,
assembled: inherent in or incidental to lawful sanctions.

Section 1. Short Title. - This Ad shall be known as (b) "Other cruel, inhuman and degrading
the "Anti-Torture Act of 2009". treatment or punishment" refers to a deliberate
and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted
Section 2. Statement of Policy. - It is hereby declared the by a person in authority or agent of a person in
policy of the State: authority against a person under his/her custody,
which attains a level of severity causing suffering,
(a) To value the dignity of every human person gross humiliation or debasement to the latter.
and guarantee full respect for human rights;
(c) "Victim" refers to the person subjected to
(b) To ensure that the human rights of all persons, torture or other cruel, inhuman and degrading
including suspects, detainees and prisoners are treatment or punishment as defined above and
respected at all times; and that no person placed any individual who has suffered harm as a result
under investigation or held in custody of any of any act(s) of torture, or other cruel, inhuman
person in authority or, agent of a person authority and degrading treatment or punishment.
shall be subjected to physical, psychological or
mental harm, force, violence, threat or (d) "Order of Battle" refers to any document or
intimidation or any act that impairs his/her free determination made by the military, police or any
wi11 or in any manner demeans or degrades law enforcement agency of the government,
human dignity; listing the names of persons and organizations
that it perceives to be enemies of the State and
(c) To ensure that secret detention places, that it considers as legitimate targets as
solitary, incommunicado or other similar forms of combatants that it could deal with, through the
detention, where torture may be carried out with use of means allowed by domestic and
impunity, are prohibited; and international law.

(d) To fully adhere to the principles and standards Section 4. Acts of Torture. - For purposes of this Act,
on the absolute condemnation and prohibition of torture shall include, but not be limited to, the following:
torture as provided for in the 1987 Philippine
Constitution; various international instruments to (a) Physical torture is a form of treatment or
which the Philippines is a State party such as, but punishment inflicted by a person in authority or
not limited to, the International Covenant on Civil agent of a person in authority upon another in
and Political Rights (ICCPR), the Convention on his/her custody that causes severe pain,
the Rights of the Child (CRC), the Convention on exhaustion, disability or dysfunction of one or
the Elimination of All Forms of Discrimination more parts of the body, such as:
Against Women (CEDA W) and the Convention
Against Torture and Other Cruel, Inhuman or
(1) Systematic beating, headbanging,
Degrading Treatment or Punishment (CAT); and
all other relevant international human rights punching, kicking, striking with truncheon
or rifle butt or other similar objects, and
instruments to which the Philippines is a
jumping on the stomach;
signatory.

Section 3. Definitions. - For purposes of this Act, the (2) Food deprivation or forcible feeding
following terms shall mean: with spoiled food, animal or human
excreta and other stuff or substances not
normally eaten;
(a) "Torture" refers to an act by which severe pain
or suffering, whether physical or mental, is
intentionally inflicted on a person for such (3) Electric shock;
purposes as obtaining from him/her or a third
person information or a confession; punishing
(4) Cigarette burning; burning by (2) Threatening a person(s) or his/fher
electrically heated rods, hot oil, acid; by relative(s) with bodily harm, execution or
the rubbing of pepper or other chemical other wrongful acts;
substances on mucous membranes, or
acids or spices directly on the wound(s); (3) Confinement in solitary cells or secret
detention places;
(5) The submersion of the head in water
or water polluted with excrement, urine, (4) Prolonged interrogation;
vomit and/or blood until the brink of
suffocation;
(5) Preparing a prisoner for a "show trial",
public display or public humiliation of a
(6) Being tied or forced to assume fixed detainee or prisoner;
and stressful bodily position;
(6) Causing unscheduled transfer of a
(7) Rape and sexual abuse, including the person deprived of liberty from one place
insertion of foreign objects into the sex to another, creating the belief that he/she
organ or rectum, or electrical torture of shall be summarily executed;
the genitals;
(7) Maltreating a member/s of a person's
(8) Mutilation or amputation of the family;
essential parts of the body such as the
genitalia, ear, tongue, etc.; (8) Causing the torture sessions to be
witnessed by the person's family,
(9) Dental torture or the forced extraction relatives or any third party;
of the teeth;
(9) Denial of sleep/rest;
(10) Pulling out of fingernails;
(10) Shame infliction such as stripping
(11) Harmful exposure to the elements the person naked, parading him/her in
such as sunlight and extreme cold; public places, shaving the victim's head
or putting marks on his/her body against
(12) The use of plastic bag and other his/her will;
materials placed over the head to the
point of asphyxiation; (11) Deliberately prohibiting the victim to
communicate with any member of his/her
(13) The use of psychoactive drugs to family; and
change the perception, memory.
alertness or will of a person, such as: (12) Other analogous acts of
mental/psychological torture.
(i) The administration or drugs to induce
confession and/or reduce mental Section 5. Other Cruel, Inhuman and Degrading
competency; or Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate
(ii) The use of drugs to induce extreme and aggravated treatment or punishment not enumerated
pain or certain symptoms of a disease; under Section 4 of this Act, inflicted by a person in
and authority or agent of a person in authority against another
person in custody, which attains a level of severity
(14) Other analogous acts of physical sufficient to cause suffering, gross humiliation or
torture; and debasement to the latter. The assessment of the level of
severity shall depend on all the circumstances of the
(b) "Mental/Psychological Torture" refers to acts case, including the duration of the treatment or
punishment, its physical and mental effects and, in some
committed by a person in authority or agent of a
cases, the sex, religion, age and state of health of the
person in authority which are calculated to affect
victim.
or confuse the mind and/or undermine a person's
dignity and morale, such as:
Section 6. Freedom from Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment, An
(1) Blindfolding;
Absolute Bight. - Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of
war, internal political instability, or any other public (b) To have sufficient government protection
emergency, or a document or any determination against all forms of harassment; threat and/or
comprising an "order of battle" shall not and can never be intimidation as a consequence of the filing of said
invoked as a justification for torture and other cruel, complaint or the presentation of evidence
inhuman and degrading treatment or punishment. therefor. In which case, the State through its
appropriate agencies shall afford security in order
Section 7. Prohibited Detention. - Secret detention to ensure his/her safety and all other persons
places, solitary confinement, incommunicado or other involved in the investigation and prosecution such
similar forms of detention, where torture may be carried as, but not limited to, his/her lawyer, witnesses
out with impunity. Are hereby prohibited. and relatives; and

In which case, the Philippine National Police (PNP), the (c) To be accorded sufficient protection in the
Armed Forces of the Philippines (AFP) and other law manner by which he/she testifies and presents
enforcement. agencies concerned shall make an updated evidence in any fora in order to avoid further
list of all detention centers and facilities under their trauma.
respective jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained therein Section 10. Disposition of Writs of Habeas Corpus,
such as, among others, names, date of arrest and Amparo and Habeas Data Proceedings and Compliance
incarceration, and the crime or offense committed. This with a Judicial 07'der. - A writ of habeas corpus or writ of
list shall be made available to the public at all times, with amparo or writ of habeas data proceeding, if any, filed on
a copy of the complete list available at the respective behalf of the victim of torture or other cruel, degrading and
national headquarters of the PNP and AFP. A copy of the inhuman treatment or punishment shall be disposed of
complete list shall likewise be submitted by the PNP, AFP expeditiously and any order of release by virtue thereof,
and all other law enforcement agencies to the or other appropriate order of a court relative thereto, shall
Commission on Human Rights (CHR), such list to be be executed or complied with immediately.
periodically updated, by the same agencies, within the
first five (5) days of every month at the minimum. Every Section 11. Assistance in Filing a Complaint. - The CHR
regional office of the PNP, AFP and other law and the PAO shall render legal assistance in the
enforcement agencies shall also maintain a similar list far investigation and monitoring and/or filing of the complaint
all detainees and detention facilities within their respective for a person who suffers torture and other cruel, inhuman
areas, and shall make the same available to the public at and degrading treatment or punishment, or for any
all times at their respective regional headquarters, and interested party thereto.
submit a copy. updated in the same manner provided
above, to the respective regional offices of the CHR.
The victim or interested party may also seek legal
assistance from the Barangay Human Rights Action
Section 8. Applicability of the Exclusionary Rule; Center (BRRAC) nearest him/her as well as from human
Exception. - Any confession, admission or statement rights nongovernment organizations (NGOs).
obtained as a result of torture shall be inadmissible in
evidence in any proceedings, except if the same is used Section 12. Right to' Physical, Medical and Psychological
as evidence against a person or persons accused of Examination. - Before and after interrogation, every
committing torture. person arrested, detained or under custodial investigation
shall have the right to he informed of his/her right to
Section 9. Institutional Protection of Torture Victims and demand physical examination by an independent and
Other Persons Involved. - A victim of torture shall have competent doctor of his/her own choice. If such person
the following rights in the institution of a criminal complaint cannot afford the services of his/her own doctor, he/she
for torture: shall he provided by the State with a competent and
independent doctor to conduct physical examination. The
(a) To have a prompt and an impartial State shall endeavor to provide the victim with
investigation by the CHR and by agencies of psychological evaluation if available under the
government concerned such as the Department circumstances. If the person arrested is a female, she
of Justice (DOJ), the Public Attorney's Office shall be attended to preferably by a female doctor.
(PAO), the PNP, the National Bureau of Furthermore, any person arrested, detained or under
Investigation (NBI) and the AFP. A prompt custodial investigation, including his/her immediate
investigation shall mean a maximum period of family, shall have the right to immediate access to proper
sixty (60) working days from the time a complaint and adequate medical treatment. The physical
for torture is filed within which an investigation examination and/or psychological evaluation of the victim
report and/or resolution shall be completed and shall be contained in a medical report, duly signed by the
made available. An appeal whenever available attending physician, which shall include in detail his/her
shall be resolved within the same period medical history and findings, and which shall he attached
prescribed herein, to the custodial investigation report. Such report shall be
considered a public document.
Following applicable protocol agreed upon by agencies of torture or other cruel, inhuman and degrading treatment
tasked to conduct physical, psychological and mental or punishment shall be committed, is being committed, or
examinations, the medical reports shall, among others, has been committed by his/her subordinates or by others
include: within his/her area of responsibility and, despite such
knowledge, did not take preventive or corrective action
(a) The name, age and address of the patient or either before, during or immediately after its commission,
victim; when he/she has the authority to prevent or investigate
allegations of torture or other cruel, inhuman and
(b) The name and address of the nearest kin of degrading treatment or punishment but failed to prevent
or investigate allegations of such act, whether deliberately
the patient or victim;
or due to negligence shall also be liable as principals.
(c) The name and address of the person who
brought the patient or victim for physical, Any public officer or employee shall be liable as an
psychological and mental examination, and/or accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is
medical treatment;
being committed and without having participated therein,
either as principal or accomplice, takes part subsequent
(d) The nature and probable cause of the patient to its commission in any of the following manner:
or victim's injury, pain and disease and/or trauma;
(a) By themselves profiting from or assisting the
(e) The approximate time and date when the offender to profit from the effects of the act of
injury, pain, disease and/or trauma was/were torture or other cruel, inhuman and degrading
sustained; treatment or punishment;

(f) The place where the injury, pain, disease (b) By concealing the act of torture or other cruel,
and/or trauma was/were sustained; inhuman and degrading treatment or punishment
and/or destroying the effects or instruments
(g) The time, date and nature of treatment thereof in order to prevent its discovery; or(c) By
necessary; and harboring, concealing or assisting m the escape
of the principal/s in the act of torture or other
(h) The diagnosis, the prognosis and/or cruel, inhuman and degrading treatment or
disposition of the patient. punishment: Provided, That the accessory acts
are done with the abuse of the official's public
Any person who does not wish to avail of the rights under functions.
this pr<;lvision may knowingly and voluntarily waive such
rights in writing, executed in the presence and assistance Section 14. Penalties. - (a) The penalty of reclusion
of his/her counsel. perpetua shall be imposed upon the perpetrators of the
following acts:
Section 13. Who are Criminally Liable. - Any person who
actually participated Or induced another in the (1) Torture resulting in the death of any
commission of torture or other cruel, inhuman and person;
degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman (2) Torture resulting in mutilation;
and degrading treatment or punishment by previous or
simultaneous acts shall be liable as principal (3) Torture with rape;

Any superior military, police or law enforcement officer or (4) Torture with other forms of sexual
senior government official who issued an order to any abuse and, in consequence of torture,
lower ranking personnel to commit torture for whatever the victim shall have become insane,
purpose shall be held equally liable as principals. imbecile, impotent, blind or maimed for
life; and
The immediate commanding officer of the unit concerned
of the AFP or the immediate senior public official of the (5) Torture committed against children.
PNP and other law enforcement agencies shall be held
liable as a principal to the crime of torture or other cruel
(b) The penalty of reclusion temporal shall be
or inhuman and degrading treatment or punishment for
any act or omission, or negligence committed by him/her imposed on those who commit any act of
that shall have led, assisted, abetted or allowed, whether mental/psychological torture resulting in insanity,
complete or partial amnesia, fear of becoming
directly or indirectly, the commission thereof by his/her
insane or suicidal tendencies of the victim due to
subordinates. If he/she has knowledge of or, owing to the
guilt, worthlessness or shame.
circumstances at the time, should have known that acts
(c) The penalty of prision correccional shall be Section 15. Torture as a Separate and Independent
imposed on those who commit any act of torture Crime. - Torture as a crime shall not absorb or shall not
resulting in psychological, mental and emotional be absorbed by any other crime or felony committed as a
harm other than those described 1n paragraph consequence, or as a means in the conduct or
(b) of this section. ' commission thereof. In which case, torture shall be
treated as a separate and independent criminal act whose
(d) The penalty of prision mayor in its medium penalties shall be imposable without prejudice to any
and maximum periods shall be imposed if, in other criminal liability provided for by domestic and
consequence of torture, the victim shall have lost international laws.
the power of speech or the power to hear or to
smell; or shall have lost an eye, a hand, a foot, an Section 16. Exclusion from the Coverage of Special
arm or a leg; or shall have lost the use of any such Amnesty Law. - In order not to depreciate the crime of
member; Or shall have become permanently torture, persons who have committed any act of torture
incapacitated for labor. shall not benefit from any special amnesty law or similar
measures that will have the effect of exempting them from
(e) The penalty of prision mayor in its minimum any criminal proceedings and sanctions.
and medium periods shall be imposed if, in
consequence of torture, the victim shall have Section 17. Applicability of Refouler. - No person shall be
become deformed or shall have lost any part of expelled, returned or extradited to another State where
his/her body other than those aforecited, or shall there are substantial grounds to believe that such person
have lost the use thereof, or shall have been ill or shall be in danger of being subjected to torture. For the
incapacitated for labor for a period of more than purposes of determining whether such grounds exist, the
ninety (90) days. Secretary of the Department of Foreign Affairs (DFA) and
the Secretary of the DOJ, in coordination with the
(f) The penalty of prision correccional in its Chairperson of the CHR, shall take into account all
maximum period to prision mayor in its minimum relevant considerations including, where applicable and
period shall be imposed if, in consequence of not limited to, the existence in the requesting State of a
torture, the victim shall have been ill or consistent pattern of gross, flagrant or mass violations of
incapacitated for labor for mare than thirty (30) human rights.
days but not more than ninety (90) days.
Section 18. Compensation to Victims of Torture. - Any
(g) The penalty of prision correccional in its person who has suffered torture shall have the right to
minimum and medium period shall be imposed if, claim for compensation as provided for under Republic
in consequence of torture, the victim shall have Act No. 7309: Provided, That in no case shall
been ill or incapacitated for labor for thirty (30) compensation be any lower than Ten thousand pesos
days or less. (P10,000.00). Victims of torture shall also have the right
to claim for compensation from such other financial relief
programs that may be made available to him/her under
(h) The penalty of arresto mayor shall be imposed
existing law and rules and regulations.
for acts constituting cruel, inhuman or degrading
treatment or punishment as defined in Section 5
of this Act. Section 19. Formulation of a Rehabilitation Program. -
Within one (1) year from the effectivity of this Act, the
Department of Social Welfare and Development (DSWD),
(i) The penalty of prision correccional shall be
the DOJ and the Department of Health (DOH) and such
imposed upon those who establish, operate and
maintain secret detention places and/or effect or other concerned government agencies, and human rights
organizations shall formulate a comprehensive
cause to effect solitary confinement,
rehabilitation program for victims of torture and their
incommunicado or other similar forms of
families. The DSWD, the DOJ and thc DOH shall also call
prohibited detention as provided in Section 7 of
on human rights nongovernment organizations duly
this Act where torture may be carried out with
impunity. recognized by the government to actively participate in
the formulation of such program that shall provide for the
physical, mental, social, psychological healing and
(j) The penalty of arresto mayor shall be imposed development of victims of torture and their families.
upon the responsible officers or personnel of the Toward the attainment of restorative justice, a parallel
AFP, the PNP and other law enforcement rehabilitation program for persons who have committed
agencies for failure to perform his/her duty to torture and other cruel, inhuman and degrading
maintain, submit or make available to the public punishment shall likewise be formulated by the same
an updated list of detention centers and facilities agencies.
with the corresponding data on the prisoners or
detainees incarcerated or detained therein,
Section 20. Monitoring of Compliance with this Act. - An
pursuant to Section 7 of this Act.
Oversight Committee is hereby created to periodically
oversee the implementation of this Act. The Committee inconsistent with the provisions of this Act are hereby
shall be headed by a Commissioner of the CRR, with the repealed or modified accordingly.
following as members: the Chairperson of the Senate
Committee on Justice and Human Rights, the respective Section 27. Effectivity. - This Act shall take effect fifteen
Chairpersons of the House of Representatives' (15) days after its publication in the Official Gazette or in
Committees on Justice and Human Rights, and the at least two (2) newspapers of general circulation.
Minority Leaders of both houses or their respective
representatives in the minority. Approved,

Section 21. Education and Information Campaign. - The


CHR, the DOJ, the Department of National Defense
(DND), the Department of the Interior and Local
Government (DILG) and such other concerned parties in
both the public and private sectors shall ensure that
education and information regarding prohibition against
torture and other cruel, inhuman and degrading treatment
or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical
personnel, public officials and other persons who may be
involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED)
and the Commission on Higher Education (CHED) shall
also ensure the integration of human rights education
courses in all primary, secondary and tertiary level
academic institutions nationwide.

Section 22. Applicability of the Revised Penal Code. -


The provisions of the Revised Penal Code insofar as they
are applicable shall be suppletory to this Act. Moreover, if
the commission of any crime punishable under Title Eight
(Crimes Against Persons) and Title Nine (Crimes Against
Personal Liberty and Security) of the Revised Penal Code
is attended by any of the acts constituting torture and
other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to be imposed
shall be in its maximum period.

Section 23. Appropriations. - The amount of Five million


pesos (Php5,000,000.00) is hereby appropriated to the
CHR for the initial implementation of tills Act. Thereafter,
such sums as may be necessary for the continued
implementation of this Act shall be included in the annual
General Appropriations Act.

Section 24. Implementing Rules and Regulations. - The


DOJ and the CHR, with the active participation of human
rights nongovernmental organizations, shall promulgate
the rules and regulations for the effective implementation
of tills Act. They shall also ensure the full dissemination of
such rules and regulations to all officers and members of
various law enforcement agencies.

Section 25. Separability Clause. - If any provision of this


Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall continue to be in full
force and effect.

Section 26. Repealing Clause. - All laws, decrees,


executive orders or rules and regulations contrary to or
REPUBLIC ACT NO. 9160 September 29, 2001 amount in excess of Four million Philippine pesos
(Php4,000,000.00) or an equivalent amount in
AN ACT DEFINING THE CRIME OF MONEY foreign currency based on the prevailing
LAUNDERING, PROVIDING PENALTIES THEREFOR exchange rate within five (5) consecutive banking
AND FOR OTHER PURPOSES days except those between a covered institution
and a person who, at the time of the transaction
Be it enacted by the Senate and House of was a properly identified client and the amount is
Representatives of the Philippines in Congress commensurate with the business or financial
assembled: capacity of the client; or those with an underlying
legal or trade obligation, purpose, origin or
economic justification.
Section 1. Short Title. – This Act shall be known as the
"Anti-Money Laundering Act of 2001."
It likewise refers to a single, series or combination
or pattern of unusually large and complex
Section 2. Declaration of Policy. – It is hereby declared transactions in excess of Four million Philippine
the policy of the State to protect and preserve the integrity pesos (Php4,000,000.00) especially cash
and confidentiality of bank accounts and to ensure that deposits and investments having no credible
the Philippines shall not be used as a money laundering purpose or origin, underlying trade obligation or
site for the proceeds of any unlawful activity. Consistent contract.
with its foreign policy, the State shall extend cooperation
in transnational investigations and prosecutions of
(c) "Monetary Instrument" refers to:
persons involved in money laundering activities whenever
committed.
(1) coins or currency of legal tender of the
Section 3. Definitions. For purposes of this Act, the Philippines, or of any other country;
following terms are hereby defined as follows:
(2) drafts, checks and notes;
(a) "Covered Institution" refers to:
(3) securities or negotiable instruments,
bonds, commercial papers, deposit
(1) banks, non-banks, quasi-banks, trust
certificates, trust certificates, custodial
entities, and all other institutions and their
receipts or deposit substitute
subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng instruments, trading orders, transaction
Pilipinas (BSP); tickets and confirmations of sale or
investments and money marked
instruments; and
(2) Insurance companies and all other
institutions supervised or regulated by
the Insurance Commission; and (4) other similar instruments where title
thereto passes to another by
endorsement, assignment or delivery.
(3) (i) securities dealers, brokers,
salesmen, investment houses and other
(d) "Offender" refers to any person who commits
similar entities managing securities or
rendering services as investment agent, a money laundering offense.
advisor, or consultant, (ii) mutual funds,
close and investment companies, (e) "Person" refers to any natural or juridical
common trust funds, pre-need person.
companies and other similar entities, (iii)
foreign exchange corporations, money (f) "Proceeds" refers to an amount derived or
changers, money payment, remittance, realized from an unlawful activity.
and transfer companies and other similar
entities, and (iv) other entities (g) "Supervising Authority" refers to the
administering or otherwise dealing in appropriate supervisory or regulatory agency,
currency, commodities or financial department or office supervising or regulating the
derivatives based thereon, valuable covered institutions enumerated in Section 3(a).
objects, cash substitutes and other
similar monetary instruments or property
(h) "Transaction" refers to any act establishing
supervised or regulated by Securities
any right or obligation or giving rise to any
and Exchange Commission. contractual or legal relationship between the
parties thereto. It also includes any movement of
(b) "Covered transaction" is a single, series, or funds by any means with a covered institution.
combination of transactions involving a total
(l) "Unlawful activity" refers to any act or (14) Felonies or offenses of a similar
omission or series or combination thereof nature that are punishable under the
involving or having relation to the following: penal laws of other countries.

(1) Kidnapping for ransom under Article Section 4. Money Laundering Offense. – Money
267 of Act No. 3815, otherwise known as laundering is a crime whereby the proceeds of an unlawful
the Revised Penal Code, as amended; activity are transacted, thereby making them appear to
have originated from legitimate sources. It is committed
(2) Sections 3, 4, 5, 7, 8 and 9 of Article by the following:
Two of Republic Act No. 6425, as
amended, otherwise known as the (a) Any person knowing that any monetary
Dangerous Drugs Act of 1972; instrument or property represents, involves, or
relates to the proceeds of any unlawful activity,
(3) Section 3 paragraphs B, C, E, G, H transacts or attempts to transact said monetary
and I of Republic Act No. 3019, as instrument or property.
amended; otherwise known as the Anti-
Graft and Corrupt Practices Act; (b) Any person knowing that any monetary
instrument or property involves the proceeds of
(4) Plunder under Republic Act No. 7080, any unlawful activity, performs or fails to perform
as amended; any act as a result of which he facilitates the
offense of money laundering referred to in
paragraph (a) above.
(5) Robbery and extortion under Articles
294, 295, 296, 299, 300, 301 and 302 of
the Revised Penal Code, as amended; (c) Any person knowing that any monetary
instrument or property is required under this Act
to be disclosed and filed with the Anti-Money
(6) Jueteng and Masiao punished as
Laundering Council (AMLC), fails to do so.
illegal gambling under Presidential
Decree No. 1602;
Section 5. Jurisdiction of Money Laundering Cases. –
The regional trial courts shall have jurisdiction to try all
(7) Piracy on the high seas under the
cases on money laundering. Those committed by public
Revised Penal Code, as amended and
Presidential Decree No. 532; officers and private persons who are in conspiracy with
such public officers shall be under the jurisdiction of the
Sandiganbayan.
(8) Qualified theft under, Article 310 of
the Revised Penal Code, as amended;
Section 6. Prosecution of Money Laundering. –
(9) Swindling under Article 315 of the
(a) Any person may be charged with and
Revised Penal Code, as amended;
convicted of both the offense of money
laundering and the unlawful activity as herein
(10) Smuggling under Republic Act Nos. defined.
455 and 1937;
(b) Any proceeding relating to the unlawful activity
(11) Violations under Republic Act No. shall be given precedence over the prosecution
8792, otherwise known as the Electronic of any offense or violation under this Act without
Commerce Act of 2000; prejudice to the freezing and other remedies
provided.
(12) Hijacking and other violations under
Republic Act No. 6235; destructive arson Section 7. Creation of Anti-Money Laundering Council
and murder, as defined under the (AMLC). – The Anti-Money Laundering Council is hereby
Revised Penal Code, as amended, created and shall be composed of the Governor of the
including those perpetrated by terrorists Bangko Sentral ng Pilipinas as chairman, the
against non-combatant persons and Commissioner of the Insurance Commission and the
similar targets; Chairman of the Securities and Exchange Commission as
members. The AMLC shall act unanimously in the
(13) Fraudulent practices and other discharge of its functions as defined hereunder:
violations under Republic Act No. 8799,
otherwise known as the Securities (1) to require and receive covered transaction
Regulation Code of 2000; reports from covered institutions;
(2) to issue orders addressed to the appropriate known probity. All members of the Secretariat must have
Supervising Authority or the covered institution to served for at least five (5) years either in the Insurance
determine the true identity of the owner of any Commission, the Securities and Exchange Commission
monetary instrument or property subject of a or the Bangko Sentral ng Pilipinas (BSP) and shall hold
covered transaction report or request for full-time permanent positions within the BSP.
assistance from a foreign State, or believed by
the Council, on the basis of substantial evidence Section 9. Prevention of Money Laundering; Customer
to be in whole or in part, whenever located, Identification Requirements and Record Keeping. –
representing, involving, or related to, directly or
indirectly, in any manner or by any means, the (a) Customer Identification, - Covered
proceeds of an unlawful activity;
institutions shall establish and record the true
identity of its clients based on official documents.
(3) to institute civil forfeiture proceedings and all They shall maintain a system of verifying the true
other remedial proceedings through the Office of identity of their clients and, in case of corporate
the Solicitor General; clients, require a system of verifying their legal
existence and organizational structure, as well as
(4) to cause the filing of complaints with the the authority and identification of all persons
Department of Justice or the Ombudsman for the purporting to act on their behalf.
prosecution of money laundering offenses;
The provisions of existing laws to the contrary
(5) to initiate investigations of covered notwithstanding, anonymous accounts, accounts
transactions, money laundering activities and under fictitious names, and all other similar
other violations of this Act; accounts shall be absolutely prohibited. Peso and
foreign currency non-checking numbered
(6) to freeze any monetary instrument or property accounts shall be allowed. The BSP may conduct
alleged to be proceed of any unlawful activity; annual testing solely limited to the determination
of the existence and true identity of the owners of
(7) to implement such measures as may be such accounts.
necessary and justified under this Act to
counteract money laundering; (b) Record Keeping – All records of all
transactions of covered institutions shall be
maintained and safely stored for five (5) years
(8) to receive and take action in respect of, any
request from foreign states for assistance in their from the date of transactions. With respect to
own anti-money laundering operations provided closed accounts, the records on customer
identification, account files and business
in this Act;
correspondence, shall be preserved and safety
stored for at least five (5) years from the dates
(9) to develop educational programs on the when they were closed.
pernicious effects of money laundering, the
methods and techniques used in money
(c) Reporting of Covered Transactions. –
laundering, the viable means of preventing
Covered institutions shall report to the AMLC all
money laundering and the effective ways of
covered transactions within five (5) working days
prosecuting and punishing offenders; and
from occurrence thereof, unless the Supervising
Authority concerned prescribes a longer period
(10) to enlist the assistance of any branch, not exceeding ten (10) working days.
department, bureau, office, agency or
instrumentality of the government, including
When reporting covered transactions to the AMLC,
government-owned and –controlled corporations,
covered institutions and their officers, employees,
in undertaking any and all anti-money laundering
operations, which may include the use of its representatives, agents, advisors, consultants or
associates shall not be deemed to have violated Republic
personnel, facilities and resources for the more
Act No. 1405, as amended; Republic Act No. 6426, as
resolute prevention, detection and investigation
amended; Republic Act No. 8791 and other similar laws,
of money laundering offenses and prosecution of
but are prohibited from communicating, directly or
offenders.
indirectly, in any manner or by any means, to any person
the fact that a covered transaction report was made, the
Section 8. Creation of a Secretariat. – The AMLC is contents thereof, or any other information in relation
hereby authorized to establish a secretariat to be headed thereto. In case of violation thereof, the concerned officer,
by an Executive Director who shall be appointed by the employee, representative, agent, advisor, consultant or
Council for a term of five (5) years. He must be a member associate of the covered institution, shall be criminally
of the Philippine Bar, at least thirty-five (35) years of age liable. However, no administrative, criminal or civil
and of good moral character, unquestionable integrity and proceedings, shall lie against any person for having made
a covered transaction report in the regular performance of petition filed for the purpose ordered seizure of
his duties and in good faith, whether or not such reporting any monetary instrument or property, in whole or
results in any criminal prosecution under this Act or any in part, directly or indirectly, related to said report,
other Philippine law. the Revised Rules of Court on civil forfeiture shall
apply.
When reporting covered transactions to the AMLC,
covered institutions and their officers, employees, (b) Claim on Forfeited Assets. – Where the
representatives, agents, advisors, consultants or court has issued an order of forfeiture of the
associates are prohibited from communicating, directly or monetary instrument or property in a criminal
indirectly, in any manner or by any means, to any person, prosecution for any money laundering offense
entity, the media, the fact that a covered transaction defined under Section 4 of this Act, the offender
report was made, the contents thereof, or any other or any other person claiming an interest therein
information in relation thereto. Neither may such reporting may apply, by verified petition, for a declaration
be published or aired in any manner or form by the mass that the same legitimately belongs to him and for
media, electronic mail, or other similar devices. In case of segregation or exclusion of the monetary
violation thereof, the concerned officer, employee, instrument or property corresponding thereto.
representative, agent, advisor, consultant or associate of The verified petition shall be filed with the court
the covered institution, or media shall be held criminally which rendered the judgment of conviction and
liable. order of forfeiture, within fifteen (15) days from
the date of the order or forfeiture, in default of
Section 10. Authority to Freeze. – Upon determination which the said order shall become final and
that probable cause exists that any deposit or similar executory. This provision shall apply in both civil
account is in any way related to an unlawful activity, the and criminal forfeiture.
AMLC may issue a freeze order, which shall be effective
immediately, on the account for a period not exceeding (c) Payment in Lieu of Forfeiture. – Where the
fifteen (15) days. Notice to the depositor that his account court has issued an order of forfeiture of the
has been frozen shall be issued simultaneously with the monetary instrument or property subject of a
issuance of the freeze order. The depositor shall have money laundering offense defined under Section
seventy-two (72) hours upon receipt of the notice to 4, and said order cannot be enforced because
explain why the freeze order should be lifted. The AMLC any particular monetary instrument or property
has seventy-two (72) hours to dispose of the depositor's cannot, with due diligence, be located, or it has
explanation. If it falls to act within seventy-two (72) hours been substantially altered, destroyed, diminished
from receipt of the depositor's explanation, the freeze in value or otherwise rendered worthless by any
order shall automatically be dissolved. The fifteen (15)- act or omission, directly or indirectly, attributable
day freeze order of the AMLC may be extended upon to the offender, or it has been concealed,
order of the court, provided that the fifteen (15)-day period removed, converted or otherwise transferred to
shall be tolled pending the court's decision to extend the prevent the same from being found or to avoid
period. forfeiture thereof, or it is located outside the
Philippines or has been placed or brought outside
No court shall issue a temporary restraining order or writ the jurisdiction of the court, or it has been
of injunction against any freeze order issued by the AMLC commingled with other monetary instruments or
except the Court of Appeals or the Supreme Court. property belonging to either the offender himself
or a third person or entity, thereby rendering the
Section 11. Authority to inquire into Bank Deposits. – same difficult to identify or be segregated for
purposes of forfeiture, the court may, instead of
Notwithstanding the provisions of Republic Act No. 1405,
as amended; Republic Act No. 6426, as amended; enforcing the order of forfeiture of the monetary
Republic Act No. 8791, and other laws, the AMLC may instrument or property or part thereof or interest
therein, accordingly order the convicted offender
inquire into or examine any particular deposit or
to pay an amount equal to the value of said
investment with any banking institution or non-bank
monetary instrument or property. This provision
financial institution upon order of any competent court in
shall apply in both civil and criminal forfeiture.
cases of violation of this Act when it has been established
that there is probable cause that the deposits or
investments involved are in any way related to a money Section 13. Mutual Assistance among States. –
laundering offense: Provided, That this provision shall not
apply to deposits and investments made prior to the (a) Request for Assistance from a Foreign
effectivity of this Act. State. – Where a foreign State makes a request
for assistance in the investigation or prosecution
Section 12. Forfeiture Provisions. – of a money laundering offense, the AMLC may
execute the request or refuse to execute the
(a) Civil Forfeiture. – When there is a covered same and inform the foreign State of any valid
reason for not executing the request or for
transaction report made, and the court has, in a
delaying the execution thereof. The principles of sought by the request contravenes any provision
mutuality and reciprocity shall, for this purpose, of the Constitution or the execution of a request
be at all times recognized. is likely to prejudice the national interest of the
Philippines unless there is a treaty between the
(b) Power of the AMLC to Act on a Request for Philippines and the requesting State relating to
Assistance from a Foreign State. – The AMLC the provision of assistance in relation to money
may execute a request for assistance from a laundering offenses.
foreign State by: (1) tracking down, freezing,
restraining and seizing assets alleged to be (e) Requirements for Requests for Mutual
proceeds of any unlawful activity under the Assistance from Foreign State. – A request for
procedures laid down in this Act; (2) giving mutual assistance from a foreign State must (1)
information needed by the foreign State within the confirm that an investigation or prosecution is
procedures laid down in this Act; and (3) applying being conducted in respect of a money launderer
for an order of forfeiture of any monetary named therein or that he has been convicted of
instrument or property in the court: Provided, any money laundering offense; (2) state the
That the court shall not issue such an order grounds on which any person is being
unless the application is accompanied by an investigated or prosecuted for money laundering
authenticated copy of the order of a court in the or the details of his conviction; (3) gives sufficient
requesting State ordering the forfeiture of said particulars as to the identity of said person; (4)
monetary instrument or properly of a person who give particulars sufficient to identity any covered
has been convicted of a money laundering institution believed to have any information,
offense in the requesting State, and a certification document, material or object which may be of
of an affidavit of a competent officer of the assistance to the investigation or prosecution; (5)
requesting State stating that the conviction and ask from the covered institution concerned any
the order of forfeiture are final and then no further information, document, material or object which
appeal lies in respect or either. may be of assistance to the investigation or
prosecution; (6) specify the manner in which and
(c) Obtaining Assistance from Foreign States. to whom said information, document, material or
– The AMLC may make a request to any foreign object detained pursuant to said request, is to be
State for assistance in (1) tracking down, produced; (7) give all the particulars necessary
freezing, restraining and seizing assets alleged to for the issuance by the court in the requested
be proceeds of any unlawful activity; (2) obtaining State of the writs, orders or processes needed by
information that it needs relating to any covered the requesting State; and (8) contain such other
transaction, money laundering offense or any information as may assist in the execution of the
other matter directly or indirectly, related thereto; request.
(3) to the extent allowed by the law of the Foreign
State, applying with the proper court therein for (f) Authentication of Documents. – For
an order to enter any premises belonging to or in purposes of this Section, a document is
the possession or control of, any or all of the authenticated if the same is signed or certified by
persons named in said request, and/or search a judge, magistrate or equivalent officer in or of,
any or all such persons named therein and/or the requesting State, and authenticated by the
remove any document, material or object named oath or affirmation of a witness or sealed with an
in said request: Provided, That the documents official or public seal of a minister, secretary of
accompanying the request in support of the State, or officer in or of, the government of the
application have been duly authenticated in requesting State, or of the person administering
accordance with the applicable law or regulation the government or a department of the requesting
of the foreign State; and (4) applying for an order territory, protectorate or colony. The certificate of
of forfeiture of any monetary instrument or authentication may also be made by a secretary
property in the proper court in the foreign of the embassy or legation, consul general,
State: Provided, That the request is accompanied consul, vice consul, consular agent or any officer
by an authenticated copy of the order of the in the foreign service of the Philippines stationed
regional trial court ordering the forfeiture of said in the foreign State in which the record is kept,
monetary instrument or property of a convicted and authenticated by the seal of his office.
offender and an affidavit of the clerk of court
stating that the conviction and the order of (g) Extradition. – The Philippines shall negotiate
forfeiture are final and that no further appeal lies for the inclusion of money laundering offenses as
in respect of either. herein defined among extraditable offenses in all
future treaties.
(d) Limitations on Request for Mutual
Assistance. – The AMLC may refuse to comply Section 14. Penal Provisions. –
with any request for assistance where the action
(a) Penalties for the Crime of Money penalties prescribed herein, suffer perpetual or
Laundering. The penalty of imprisonment temporary absolute disqualification from office,
ranging from seven (7) to fourteen (14) years and as the case may be;
a fine of not less than Three million Philippine
pesos (Php 3,000,000.00) but not more than Any public official or employee who is called upon
twice the value of the monetary instrument or to testify and refuses to do the same or purposely
property involved in the offense, shall be imposed fails to testify shall suffer the same penalties
upon a person convicted under Section 4(a) of prescribed herein.
this Act.
(d) Breach of Confidentiality. The punishment
The penalty of imprisonment from four (4) to of imprisonment ranging from three (3) to eight (8)
seven (7) years and a fine of not less than One years and a fine of not less than Five hundred
million five hundred thousand Philippine pesos thousand Philippine pesos (Php 500,000.00) but
(Php 1,500,000.00) but not more than Three not more than One million Philippine pesos (Php
million Philippine pesos (Php 3,000,000.00), shall 1,000,000.00), shall be imposed on a person
be imposed upon a person convicted under convicted for a violation under Section 9(c).
Section 4(b) of this Act.
Section 15. System of Incentives and Rewards. – A
The penalty of imprisonment from six (6) months system of special incentives and rewards is hereby
to four (4) years or a fine of not less than One established to be given to the appropriate government
hundred thousand Philippine pesos (Php agency and its personnel that led and initiated an
100,000.00) but not more than Five hundred investigation, prosecution and conviction of persons
thousand Philippine pesos (Php 500,000.00), or involved in the offense penalized in Section 4 of this Act.
both, shall be imposed on a person convicted
under Section 4(c) of this Act. Section 16. Prohibitions Against Political Harassment. –
This Act shall not be used for political prosecution or
(b) Penalties for Failure to Keep Records. The harassment or as an instrument to hamper competition in
penalty of imprisonment from six (6) months to trade and commerce.
one (1) year or a fine of not less than One
hundred thousand Philippine pesos (Php
No case for money laundering may be filed against and
100,000.00) but not more than Five hundred
no assets shall be frozen, attached or forfeited to the
thousand Philippine pesos (Php 500,000.00), or
prejudice of a candidate for an electoral office during an
both, shall be imposed on a person convicted
election period.
under Section 9(b) of this Act.
Section 17. Restitution. – Restitution for any aggrieved
(c) Malicious Reporting. Any person who, with
party shall be governed by the provisions of the New Civil
malice, or in bad faith, report or files a completely
Code.
unwarranted or false information relative to
money laundering transaction against any person
shall be subject to a penalty of six (6) months to Section 18. Implementing Rules and Regulations. –
four (4) years imprisonment and a fine of not less Within thirty (30) days from the effectivity of this Act, the
than One hundred thousand Philippine pesos Bangko Sentral ng Pilipinas, the Insurance Commission
(Php 100,000.00) but not more than Five hundred and the Securities and Exchange Commission shall
thousand Philippine pesos (Php 500,000.00), at promulgate the rules and regulations to implement
the discretion of the court: Provided, That the effectivity the provisions of this Act. Said rules and
offender is not entitled to avail the benefits of the regulations shall be submitted to the Congressional
Probation Law. Oversight Committee for approval.

If the offender is a corporation, association, Covered institutions shall formulate their respective
partnership or any juridical person, the penalty money laundering prevention programs in accordance
shall be imposed upon the responsible officers, with this Act including, but not limited to, information
as the case may be, who participated in the dissemination on money laundering activities and its
commission of the crime or who shall have prevention, detection and reporting, and the training of
knowingly permitted or failed to prevent its responsible officers and personnel of covered institutions.
commission. If the offender is a juridical person,
the court may suspend or revoke its license. If the Section 19. Congressional Oversight Committee. –
offender is an alien, he shall, in addition to the There is hereby created a Congressional Oversight
penalties herein prescribed, be deported without Committee composed of seven (7) members from the
further proceedings after serving the penalties Senate and seven (7) members from the House of
herein prescribed. If the offender is a public Representatives. The members from the Senate shall be
official or employee, he shall, in addition to the appointed by the Senate President based on the
proportional representation of the parties or coalitions
therein with at least two (2) Senators representing the
minority. The members from the House of
Representatives shall be appointed by the Speaker also
based on proportional representation of the parties or
coalitions therein with at least two (2) members
representing the minority.

The Oversight Committee shall have the power to


promulgate its own rules, to oversee the implementation
of this Act, and to review or revise the implementing rules
issued by the Anti-Money Laundering Council within thirty
(30) days from the promulgation of the said rules.

Section 20. Appropriations Clause. – The AMLC shall be


provided with an initial appropriation of Twenty-five million
Philippine pesos (Php 25,000,000.00) to be drawn from
the national government. Appropriations for the
succeeding years shall be included in the General
Appropriations Act.

Section 21. Separability Clause. – If any provision or


section of this Act or the application thereof to any person
or circumstance is held to be invalid, the other provisions
or sections of this Act, and the application of such
provision or section to other persons or circumstances,
shall not be affected thereby.

Section 22. Repealing Clause. – All laws, decrees,


executive orders, rules and regulations or parts thereof,
including the relevant provisions of Republic Act No.
1405, as amended; Republic Act No. 6426, as amended;
Republic Act No. 8791, as amended and other similar
laws, as are inconsistent with this Act, are hereby
repealed, amended or modified accordingly.

Section 23. Effectivity. – This Act shall take effect fifteen


(15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
general circulation.

The provisions of this Act shall not apply to deposits and


investments made prior to its effectivity.

Approved,
REPUBLIC ACT NO. 10365 services to third parties: (i) acting as a
formation agent of juridical persons; (ii)
AN ACT FURTHER STRENGTHENING THE ANTI- acting as (or arranging for another
MONEY LAUNDERING LAW, AMENDING FOR THE person to act as) a director or corporate
PURPOSE REPUBLIC ACT NO. 9160, OTHERWISE secretary of a company, a partner of a
KNOWN AS THE "ANTI-MONEY LAUNDERING ACT partnership, or a similar position in
OF 2001″, AS AMENDED relation to other juridical persons; (iii)
providing a registered office, business
Be it enacted by the Senate and House of address or accommodation,
Representatives of the Philippines in Congress correspondence or administrative
assembled: address for a company, a partnership or
any other legal person or arrangement;
and (iv) acting as (or arranging for
Section 1. Section 3(a) of Republic Act No. 9160, as another person to act as) a nominee
amended, is hereby amended to read as follows: shareholder for another person; and

"(a) ‘Covered persons’, natural or juridical, refer "(7) persons who provide any of the
to: following services:

"(1) banks, non-banks, quasi-banks, trust (i) managing of client money,


entities, foreign exchange dealers, securities or other assets;
pawnshops, money changers,
remittance and transfer companies and
other similar entities and all other (ii) management of bank,
persons and their subsidiaries and savings or securities accounts;
affiliates supervised or regulated by the
Bangko Sentral ng Pilipinas (BSP); (iii) organization of contributions
for the creation, operation or
"(2) insurance companies, pre-need management of companies; and
companies and all other persons
supervised or regulated by the Insurance (iv) creation, operation or
Commission (IC); management of juridical persons
or arrangements, and buying
"(3) (i) securities dealers, brokers, and selling business entities.
salesmen, investment houses and other
similar persons managing securities or "Notwithstanding the foregoing,
rendering services as investment agent, the term ‘covered persons’ shall
advisor, or consultant, (ii) mutual funds, exclude lawyers and
close-end investment companies, accountants acting as
common trust funds, and other similar independent legal professionals
persons, and (iii) other entities in relation to information
administering or otherwise dealing in concerning their clients or where
currency, commodities or financial disclosure of information would
derivatives based thereon, valuable compromise client confidences
objects, cash substitutes and other or the attorney-client
similar monetary instruments or property relationship: Provided, That
supervised or regulated by the Securities these lawyers and accountants
and Exchange Commission (SEC); are authorized to practice in the
Philippines and shall continue to
"(4) jewelry dealers in precious metals, be subject to the provisions of
their respective codes of conduct
who, as a business, trade in precious
and/or professional
metals, for transactions in excess of One
responsibility or any of its
million pesos (P1,000,000.00);
amendments."
"(5) jewelry dealers in precious stones,
Section 2. Section 3(i) of the same Act is hereby
who, as a business, trade in precious
amended to read as follows:
stones, for transactions in excess of One
million pesos (P1,000,000.00);
"(i) ‘Unlawful activity’ refers to any act or omission
"(6) company service providers which, as or series or combination thereof involving or
having direct relation to the following:
a business, provide any of the following
"(1) Kidnapping for ransom under Article Financing Prevention and Suppression
267 of Act No. 3815, otherwise known as Act of 2012:
the Revised Penal Code, as amended;
"(15) Bribery under Articles 210, 211 and
"(2) Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 211-A of the Revised Penal Code, as
14, 15 and 16 of Republic Act No. 9165, amended, and Corruption of Public
otherwise known as the Comprehensive Officers under Article 212 of the Revised
Dangerous Drugs Act of 2002; Penal Code, as amended;

"(3) Section 3 paragraphs B, C, E, G, H "(16) Frauds and Illegal Exactions and


and I of Republic Act No. 3019, as Transactions under Articles 213, 214,
amended, otherwise known as the Anti- 215 and 216 of the Revised Penal Code,
Graft and Corrupt Practices Act; as amended;

"(4) Plunder under Republic Act No. "(17) Malversation of Public Funds and
7080, as amended; Property under Articles 217 and 222 of
the Revised Penal Code, as amended;
"(5) Robbery and extortion under Articles
294, 295, 296, 299, 300, 301 and 302 of "(18) Forgeries and Counterfeiting under
the Revised Penal Code, as amended; Articles 163, 166, 167, 168, 169 and 176
of the Revised Penal Code, as amended;
"(6) Jueteng and Masiao punished as
illegal gambling under Presidential "(19) Violations of Sections 4 to 6 of
Decree No. 1602; Republic Act No. 9208, otherwise known
as the Anti-Trafficking in Persons Act of
"(7) Piracy on the high seas under the 2003;
Revised Penal Code, as amended and
Presidential Decree No. 532; "(20) Violations of Sections 78 to 79 of
Chapter IV, of Presidential Decree No.
"(8) Qualified theft under Article 310 of 705, otherwise known as the Revised
the Revised Penal Code, as amended; Forestry Code of the Philippines, as
amended;
"(9) Swindling under Article 315 and
Other Forms of Swindling under Article "(21) Violations of Sections 86 to 106 of
316 of the Revised Penal Code, as Chapter VI, of Republic Act No. 8550,
amended; otherwise known as the Philippine
Fisheries Code of 1998;
"(10) Smuggling under Republic Act Nos.
455 and 1937; "(22) Violations of Sections 101 to 107,
and 110 of Republic Act No. 7942,
"(11) Violations of Republic Act No. 8792, otherwise known as the Philippine Mining
otherwise known as the Electronic Act of 1995;
Commerce Act of 2000;
"(23) Violations of Section 27(c), (e), (f),
(g) and (i), of Republic Act No. 9147,
"(12) Hijacking and other violations under
Republic Act No. 6235; destructive arson otherwise known as the Wildlife
and murder, as defined under the Resources Conservation and Protection
Act;
Revised Penal Code, as amended;

"(24) Violation of Section 7(b) of Republic


"(13) Terrorism and conspiracy to commit
terrorism as defined and penalized under Act No. 9072, otherwise known as the
National Caves and Cave Resources
Sections 3 and 4 of Republic Act No.
Management Protection Act;
9372;

"(14) Financing of terrorism under "(25) Violation of Republic Act No. 6539,
Section 4 and offenses punishable under otherwise known as the Anti-Carnapping
Act of 2002, as amended;
Sections 5, 6, 7 and 8 of Republic Act No.
10168, otherwise known as the Terrorism
"(26) Violations of Sections 1, 3 and 5 of
Presidential Decree No. 1866, as
amended, otherwise known as the including those formerly classified as semi-
decree Codifying the Laws on precious stones."
Illegal/Unlawful Possession,
Manufacture, Dealing In, Acquisition or Section 4. Section 4 of the same Act is hereby amended
Disposition of Firearms, Ammunition or to read as follows:
Explosives;
"SEC. 4. Money Laundering Offense. – Money
"(27) Violation of Presidential Decree No. laundering is committed by any person who,
1612, otherwise known as the Anti- knowing that any monetary instrument or property
Fencing Law; represents, involves, or relates to the proceeds of
any unlawful activity:
"(28) Violation of Section 6 of Republic
Act No. 8042, otherwise known as the "(a) transacts said monetary instrument
Migrant Workers and Overseas Filipinos or property;
Act of 1995, as amended by Republic Act
No. 10022;
"(b) converts, transfers, disposes of,
moves, acquires, possesses or uses said
"(29) Violation of Republic Act No. 8293, monetary instrument or property;
otherwise known as the Intellectual
Property Code of the Philippines;
"(c) conceals or disguises the true
nature, source, location, disposition,
"(30) Violation of Section 4 of Republic movement or ownership of or rights with
Act No. 9995, otherwise known as the respect to said monetary instrument or
Anti-Photo and Video Voyeurism Act of property;
2009;
"(d) attempts or conspires to commit
"(31) Violation of Section 4 of Republic money laundering offenses referred to in
Act No. 9775, otherwise known as the paragraphs (a), (b) or (c);
Anti-Child Pornography Act of 2009;
"(e) aids, abets, assists in or counsels the
"(32) Violations of Sections 5, 7, 8, 9, commission of the money laundering
10(c), (d) and (e), 11, 12 and 14 of offenses referred to in paragraphs (a), (b)
Republic Act No. 7610, otherwise known or (c) above; and
as the Special Protection of Children
Against Abuse, Exploitation and
"(f) performs or fails to perform any act as
Discrimination;
a result of which he facilitates the offense
of money laundering referred to in
"(33) Fraudulent practices and other paragraphs (a), (b) or (c) above.
violations under Republic Act No. 8799,
otherwise known as the Securities
"Money laundering is also committed by any
Regulation Code of 2000; and
covered person who, knowing that a covered or
suspicious transaction is required under this Act
"(34) Felonies or offenses of a similar to be reported to the Anti-Money Laundering
nature that are punishable under the Council (AMLC), fails to do so."
penal laws of other countries."
Section 5. Section 6(a) of the same Act is hereby
Section 3. Section 3 of the same Act shall have new amended to read as follows:
paragraphs (j) and (k).
"SEC. 6. Prosecution of Money Laundering. –
"(j) Precious metals’ shall mean gold, silver,
platinum, palladium, rhodium, ruthenium, iridium "(a) Any person may be charged with and
and osmium. These include alloys of precious
convicted of both the offense of money
metals, solders and plating chemicals such as
laundering and the unlawful activity as
rhodium and palladium plating solutions and
herein defined.
potassium gold cyanide and potassium silver
cyanide and silver cyanide in salt solution.
"(b) The prosecution of any offense or
violation under this Act shall proceed
"(k) ‘Precious stones’ shall mean diamond, ruby,
independently of any proceeding relating
emerald, sapphire, opal, amethyst, beryl, topaz,
to the unlawful activity."
and garnet that are used in jewelry making,
Section 6. Section 7 of the same Act is hereby amended professional secrecy or legal professional
to read as follows: privilege.

"SEC. 7. Creation of Anti-Money Laundering "x x x


Council (AMLC). – The Anti-Money Laundering
Council is hereby created and shall be composed "x x x
of the Governor of the Bangko Sentral ng
Pilipinas as Chairman, the Commissioner of the "When reporting covered or suspicious
Insurance Commission and the Chairman of the
transactions to the AMLC, covered persons and
Securities and Exchange Commission, as
their officers and employees are prohibited from
members. The AMLC shall act unanimously in the
communicating, directly or indirectly, in any
discharge of its functions as defined hereunder:
manner or by any means, to any person or entity,
the media, the fact that a covered or suspicious
"x x x transaction has been reported or is about to be
reported, the contents of the report, or any other
"(6) to apply before the Court of Appeals, ex information in relation thereto. Neither may such
parte, for the freezing of any monetary instrument reporting be published or aired in any manner or
or property alleged to be laundered, proceeds form by the mass media", electronic mail, or other
from, or instrumentalities used in or intended for similar devices. In case of violation thereof, the
use in any unlawful activity as defined in Section concerned officer and employee of the covered
3(i) hereof; person and media shall be held criminally liable."

"x x x Section 8. Section 10 of the same Act, as amended by


Republic Act No. 10167, is hereby amended to read as
"(12) to require the Land Registration Authority follows:
and all its Registries of Deeds to submit to the
AMLC, reports on all real estate transactions "SEC. 10. Freezing of Monetary Instrument or
involving an amount in excess of Five hundred Property. – Upon a verified ex parte petition by
thousand pesos (P500,000.00) within fifteen (15) the AMLC and after determination that probable
days from the date of registration of the cause exists that any monetary instrument or
transaction, in a form to be prescribed by the property is in any way related to an unlawful
AMLC. The AMLC may also require the Land activity as defined in Section 3(i) hereof, the Court
Registration Authority and all its Registries of of Appeals may issue a freeze order which shall
Deeds to submit copies of relevant documents of be effective immediately, and which shall not
all real estate transactions." exceed six (6) months depending upon the
circumstances of the case: Provided, That if
Section 7. Section 9(c), paragraphs 1 and 4 of the same there is no case filed against a person whose
Act are hereby amended to read as follows: account has been frozen within the period
determined by the court, the freeze order shall be
deemed ipso facto lifted: Provided, further, That
"SEC. 9. Prevention of Money Laundering;
Customer Identification Requirements and this new rule shall not apply to pending cases in
Record Keeping. – 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) x x x a day before a nonworking day, the computation
of the twenty-four (24)-hour period shall exclude
"(b) x x x the nonworking days.

"(c) Reporting of Covered and Suspicious "A person whose account has been frozen may
Transactions. – Covered persons shall report to file a motion to lift the freeze order and the court
the AMLC all covered transactions and must resolve this motion before the expiration of
suspicious transactions within five (5) working the freeze order.
days from occurrence thereof, unless the AMLC
prescribes a different period not exceeding fifteen "No court shall issue a temporary restraining
(15) working days. order or a writ of injunction against any freeze
order, except the Supreme Court."
"Lawyers and accountants acting as independent
legal professionals are not required to report Section 9. Section 12 of the same Act is hereby amended
covered and suspicious transactions if the to read as follows:
relevant information was obtained in
circumstances where they are subject to
"(a) Civil Forfeiture. – Upon determination by the Philippines or has been placed or brought outside
AMLC that probable cause exists that any the jurisdiction of the court, or it has been
monetary instrument or property is in any way commingled with other monetary instruments or
related to an unlawful activity as defined in property belonging to either the offender himself
Section 3(i) or a money laundering offense under or a third person or entity, thereby rendering the
Section 4 hereof, the AMLC shall file with the same difficult to identify or be segregated for
appropriate court through the Office of the purposes of forfeiture, the court may, instead of
Solicitor General, a verified ex parte petition for enforcing the order of forfeiture of the monetary
forfeiture, and the Rules of Court on Civil instrument or property or part thereof or interest
Forfeiture shall apply. therein, accordingly order the convicted offender
to pay an amount equal to the value of said
"The forfeiture shall include those other monetary monetary instrument or property. This provision
instrument or property having an equivalent value shall apply in both civil and criminal forfeiture."
to that of the monetary instrument or property
found to be related in any way to an unlawful Section 10. Section 14 of the same Act, as amended, is
activity or a money laundering offense, when with hereby further amended to read as follows:
due diligence, the former cannot be located, or it
has been substantially altered, destroyed, "SEC. 14. Penal Provisions. – (a) Penalties for
diminished in value or otherwise rendered the Crime of Money Laundering. The penalty of
worthless by any act or omission, or it has been imprisonment ranging from seven (7) to fourteen
concealed, removed, converted, or otherwise (14) years and a fine of not less than Three million
transferred, or it is located outside the Philippines Philippine pesos (Php3,000,000.00) but not more
or has been placed or brought outside the than twice the value of the monetary instrument
jurisdiction of the court, or it has been or property involved in the offense, shall be
commingled with other monetary instrument or imposed upon a person convicted under Section
property belonging to either the offender himself 4(a), (b), (c) and (d) of this Act.
or a third person or entity, thereby rendering the
same difficult to identify or be segregated for
"The penalty of imprisonment from four (4) to
purposes of forfeiture.
seven (7) years and a fine of not less than One
million five hundred thousand Philippine pesos
"(b) Claim on Forfeited Assets. – Where the court (Php1,500,000.00) but not more than Three
has issued an order of forfeiture of the monetary million Philippine pesos (Php3,000,000.00), shall
instrument or property in a criminal prosecution be imposed upon a person convicted under
for any money laundering offense defined under Section 4(e) and (f) of this Act.
Section 4 of this Act, the offender or any other
person claiming an interest therein may apply, by "The penalty of imprisonment from six (6) months
verified petition, for a declaration that the same
to four (4) years or a fine of not less than One
legitimately belongs to him and for segregation or
hundred thousand Philippine pesos
exclusion of the monetary instrument or property
(Php100,000.00) but not more than Five hundred
corresponding thereto. The verified petition shall
thousand Philippine pesos (Php500,000.00), or
be filed with the court which rendered the both, shall be imposed on a person convicted
judgment of forfeiture, within fifteen (15) days under the last paragraph of Section 4 of this Act.
from the date of the finality of the order of
forfeiture, in default of which the said order shall
become final and executor. This provision shall "(b) x x x
apply in both civil and criminal forfeiture.
"(c) x x x
"(c) Payment in Lieu of Forfeiture. – Where the
court has issued an order of forfeiture of the "(d) x x x
monetary instrument or property subject of a
money laundering offense defined under Section "(e) The penalty of imprisonment ranging from
4, and said order cannot be enforced because four (4) to seven (7) years and a fine
any particular monetary instrument or property corresponding to not more than two hundred
cannot, with due diligence, be located, or it has percent (200%) of the value of the monetary
been substantially altered, destroyed, diminished instrument or property laundered shall be
in value or otherwise rendered worthless by any imposed upon the covered person, its directors,
act or omission, directly or indirectly, attributable officers or pesonnel who knowingly participated
to the offender, or it has been concealed, in the commission of the crime of money
removed, converted, or otherwise transferred to laundering.
prevent the same from being found or to avoid
forfeiture thereof, or it is located outside the
"(f) Imposition of Administrative Sanctions. The Section 13. Separability Clause. – If any provision of this
imposition of the administrative sanctions shall be Act is declared unconstitutional, the same shall not affect
without prejudice to the filing of criminal charges the validity and effectivity of the other provisions hereof.
against the persons responsible for the violation.
Section 14. Repealing Clause. – All laws, decrees,
"After due notice and hearing, the AMLC shall, at orders, and issuances or portions thereof, which are
its discretion, impose sanctions, including inconsistent with the provisions of this Act, are hereby
monetary penalties, warning or reprimand, upon repealed, amended or modified accordingly.
any covered person, its directors, officers,
employees or any other person for the violation of Section 15. Effectivity. – This Act shall take effect fifteen
this Act, its implementing rules and regulations, (15) days following its publication in at least two (2)
or for failure or refusal to comply with AMLC national newspapers of general circulation.
orders, resolutions and other issuances. Such
monetary penalties shall be in amounts as may Approved,
be determined by the AMLC to be appropriate,
which shall not be more than Five hundred
thousand Philippine pesos (P500,000.00) per
violation.1âwphi1

"The AMLC may promulgate rules on fines and


penalties taking into consideration the attendant
circumstances, such as the nature and gravity of
the violation or irregularity.

"(g) The provision of this law shall not be


construed or implemented in a manner that will
discriminate against certain customer types, such
as politically-exposed persons, as well as their
relatives, or against a certain religion, race or
ethnic origin, or such other attributes or profiles
when used as the only basis to deny these
persons access to the services provided by the
covered persons. Whenever a bank, or quasi-
bank, financial institution or whenever any person
or entity commits said discriminatory act, the
person or persons responsible for such violation
shall be subject to sanctions as may be deemed
appropriate by their respective regulators."

Section 11. New sections are hereby inserted after


Section 19 of the same Act, as amended, to read as
follows:

"SEC. 20. Non-intervention in the Bureau of


Internal Revenue (BIR) Operations. – Nothing
contained in this Act nor in related antecedent
laws or existing agreements shall be construed to
allow the AMLC to participate in any manner in
the operations of the BIR."

"SEC. 21. The authority to inquire into or examine


the main account and the related accounts shall
comply with the requirements of Article III,
Sections 2 and 3 of the 1987 Constitution, which
are hereby incorporated by reference. Likewise,
the constitutional injunction against ex post
facto laws and bills of attainder shall be respected
in the implementation of this Act."

Section 12. The succeeding sections are hereby


renumbered accordingly.