Crim2 - PreFi - SPL
Crim2 - PreFi - SPL
Crim2 - PreFi - SPL
MONEY LAUNDERING
RA 9160, RA 1067, RA 10167, RA 10365
MONEY LAUNDERING
RA 9160, RA 1067, RA 10167, RA 10365
UNLAWFUL ACTIVITY
In the latest amendment of AMLA, there are about 34 unlawful activities
enumerated. Nya, number 34: Offenses of the similar nature punishable
under the penal laws of other countries.
B. WHO COMMITS MONEY LAUNDERING?
SECTION 4. It is committed by the following:
(a) transacts said monetary instrument or property;
(b) Converts, transfers, disposes of, moves, acquires, possesses or uses
said monetary instrument or property;
(c) Conceals or disguises the true nature, source, location, disposition,
movement or ownership of or rights with respect to said monetary
instrument or property;
(d) Attempts or conspires to commit money laundering offenses
referred to in paragraphs (a), (b) or (c);
Normally attempted stages are only punished by RPC,
unless SPL defines it. Since it is defined here, attempt to
Money launder is punished
(e) aids, abets, assists in or counsels the commission of the money
laundering offenses referred to in paragraphs (a), (b) or (c) above;
and
(f) Performs or fails to perform any act as a result of which he facilitates
the offense of money laundering referred to in paragraphs (a), (b) or
(c) above.
Money laundering is also committed by any covered person who,
knowing that a covered or suspicious transaction is required under this
Act to be reported to the Anti-Money Laundering Council (AMLC), fails to
do so.
C. WHO HAS JURISDICTION OVER MONEY LAUNDERING?
SECTION 5
The regional trial courts shall have jurisdiction to try all cases on
money laundering. Those committed by public officers and private
persons who are in conspiracy with such public officers shall be under
the jurisdiction of the Sandiganbayan.
MONEY LAUNDERING
RA 9160, RA 1067, RA 10167, RA 10365
G. AUTHORITY TO FREEZE
SEC. 10
(1) Upon a verified ex parte petition by the AMLCouncil
Meaning without prior notice because you are not obliged to
notify the other party because it would because it would
become a useless exercise kay kung makaybalo siya padulong ifreeze iya accounts, unsa may buhaton? Ibalhin na. By the time
you get your freeze order, theres nothing to freeze
(2) and after determination that probable cause exists,
Court of Appeals may issue a freeze order which shall be effective
immediately, and which shall not exceed six (6) months depending
upon the circumstances of the case Provided, That if there is no case
filed against a person whose account has been frozen within the period
determined by the court, the freeze order shall be deemed ipso
facto lifted (automatically lifted di na kelangan mangayo ug lift order)
A person whose account has been frozen may file a motion to lift the
freeze order and the court must resolve this motion before the expiration
of the freeze order.
No court shall issue a temporary restraining order or a writ of injunction
against any freeze order, except the Supreme Court."
(Sa lecture ni Sir but wala ko kakita asa nga amendment ang basis ani:)
No freeze order can be ordered for an indefinite period.
The freeze order may be extended by the Court of Appeals for a period
not to exceed 6 months. 6 months may be extended but must be filed
before the expiration of the period.
Sell any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other
consideration.
Importation (Sec 4)
Manufacture (Sec 8)
(2)
(3)
(4)
(5)
STUDENTS
Guided by Vermonia and Board of Education, the Court is of the view and
so holds that the provisions of RA 9165 requiring mandatory, random,
and suspicionless drug testing of students are constitutional.
Indeed, it is within the prerogative of educational institutions to require,
as a condition for admission, compliance with reasonable school rules
and regulations and policies. To be sure, the right to enrol is not
absolute; it is subject to fair, reasonable, and equitable
requirements.
EMPLOYEES IN THE PRIVATE SECTOR
Taking into account the foregoing factors, i.e, the reduced expectation of
privacy on the part of the employees, the compelling state concern likely
to be met by the search, and the well-defined limits set forth in the law
to properly guide authorities in the conduct of the random testing, we
hold that the challenged drug test requirement is, under the
limited context of the case, reasonable and, ergo, constitutional.
Prostitution
Sexual exploitation
Slavery
Servitude
RPC
Any person
Woman
Engage in sexual
lascivious conduct
Habitual
No criminal liability
Criminal liability
intercourse
or
The acts in Sec 6 are not stand alone offenses. The acts must still be
related to Sections 3 and 4.
Section 9 Venue
Trafficking cases under this Act shall prescribe in ten (10) years.
Provided, however, that trafficking cases committed by a syndicate or
in a large scale or against a child as defined under Section 6 shall
prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which
the trafficked person is delivered or released from the conditions of
bondage, or in the case of a child victim, from the day the child
reaches the age of majority, and shall be interrupted by the filling of
the complaint or information and shall commence to run again when
the proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to
the accused.
Large Scale or by Syndicate