Notable Legislations and Techniques for the

Investigation and Prosecution of Corruption and

Money Laundering Cases:
From the Perspective of the Philippines
Office of the Ombudsman

A presentation for the APEC Workshop, re: Designing Best Models on

Prosecuting Corruption and Money Laundering Cases Using Financial
Flow Tracking Techniques and Investigative Intelligence for Effective
Conviction and Asset Recovery to Promote Regional Economic
Integration
Santiago, Chile
June 11-13, 2013
Office of the Ombudsman
Section 5, Article XI, 1987 Philippine Constitution
Creating an independent Office of the Ombudsman

Section 12, Article XI, 1987 Philippine Constitution

To act promptly on all complaints filed in any form or manner against
public officials and employees

Republic Act 6770

The Ombudsman Act of 1989
Rationale for the Mandate of the
Office of the Ombudsman
Section 1, Article XI of the 1987 Philippine
Constitution

Public Office is a public trust. Public officers and

employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice
and lead modest lives
Philippine Anti-Corruption/
Anti Money Laundering Laws
Revised Penal Direct , Indirect and Qualified
Code (Crimes Bribery
Committed by Malversation of Public Funds or
Property and Technical Malversation
Public Officers) Frauds and Illegal Exactions and
Transactions

Republic Act (RA) Sec 3(e)- Causing undue injury to any

party, including the Government
3019 (Anti-Graft Sec 3(g)- Entering into a contract grossly
or manifestly disadvantageous to the
and Corrupt Government
Practices Act) Sec 7 Public disclosure and annual
assets, liabilities and networth
Philippine Anti-Corruption/
Anti Money Laundering Laws
RA 6713 (Code of
Conduct and Required the annual filing of the Sworn
Statement of Assets, Liabilities and
Ethical Standards Networth of all public officials and
for Public Officials employees
and Employees)

Amassing ill-gotten wealth in an aggregate

amount of Php50 Million through series of
RA 7080 (Anti criminal acts
Plunder Act) Life imprisonment with perpetual
disqualification to hold public office
Philippine Anti-Corruption/
Anti Money Laundering Laws

Section 2:
Whenever any public officer or employee
RA 1379 has acquired during his incumbency an
(Forfeiture of amount of property which is manifestly
out of proportion to his salary as such
Unlawfully public officer or employee and to his
Acquired lawful income and the income from
legitimately acquired property, said
Property) property shall be presumed prima facie
to have been unlawfully acquired
Philippine Anti-Corruption/
Anti Money Laundering Laws

Republic Act Revised

No. 9160 Implementing
(Anti-Money Republic Act
Laundering Act No. 9194 Rules and
of 2001) Regulations
Effective 23
Effective 17 March 2003 Effective
October 2001 7 September
2003
Philippine Anti-Corruption/
Anti Money Laundering Laws

R.A. No. 10167 RA 10168 R.A. No. 10365

(Act to Further (The Terrorism (Act to Further
Strengthen the AMLA, Financing Strengthening the
amending Sections 10 Anti-Money
and 11 of R.A. 9160)
Prevention and
Laundering Law,
-took effect on July
Suppression Act Amending for the
6, 2012 of 2012) Purpose R.A. No.
Revised IRRs 9160)
Approved: 18 June
September 15, 2012 Signed into law on
February 15, 2013
2012
Fact-finding Investigation
Sec. 15 (1), RA 6770
Investigate and prosecute on
its own or on complaint by any
person, any act or omission or
any public officer or employee,
office or agency, when such act
or omission appears to be
illegal, improper or inefficient
Section 15(5), RA 6770
Request any government
agency for assistance and
information necessary in the
discharge of its
responsibilities, and examine,
if necessary, pertinent records
and documents
Best Practices (LSC cases)

Subpoena Collaboration
Duces Tecum Use of with other
Covert
and/or information agencies (i.e.
Operations
Subpoena Ad Technology COA, AMLC,
Testificandum etc.)
Best Practices cont.

File complaints for Concurrent filing

violation of of complaint for
criminal and forfeiture of ill-
administrative laws gotten wealth
Legal Challenges
Legislative
Confidentiality of local and foreign currency
deposits (RA 1405 and RA6426)

Jurisprudential
Affirms the confidentiality of bank deposits
including trust accounts except in certain cases
Exemptions on Confidentiality of
Bank Deposits
On Local Currency Deposits
Upon written permission of the depositor;
In cases of impeachment;
Upon order of a competent court in
cases of bribery or dereliction of duty
of public officials;
Exemptions on Confidentiality of
Bank Deposits
On Local Currency Deposits... cont.
In cases where the money deposited or invested
is the subject matter of the litigation; or

Upon order of any competent court in cases of

violation of the AMLA, it having been established
that there is probable cause that the deposits or
investments are related to unlawful activities as
defined in the law, or a money laundering offense
Exemptions on Confidentiality of
Bank Deposits

On Foreign Currency Deposit

upon the written permission of the

depositor
Statistics of Corruption and Money
Laundering Cases Handled (as of May 2013)
Violation of RA 1379
Complaint: 369 Filed in Court: 39

Violation of RA 7080 (Plunder)

Complaint: 77 Filed in Court: 17

Violation of AMLA, as amended

Complaint: 6 Filed in Court: 3
Source: Central Records Div. Office of the Ombudsman
 Epilogue
With the rapid advance in technology, easier
and faster international and local travel,
corruption and money laundering cases are
difficult to investigate and prosecute.
However, authorities in the Philippines are
continuously innovating and adopting best
approaches to curb these kinds of menaces
in the society.
Thank You!
Atty. Ronald Allan D. Ramos
Atty. John Zernan T. Sambajon
Field Investigation Office (FIO)
Office of the Ombudsman
Republic of the Philippines