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(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which he falicitates the offense of money laundering referred
to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and
filed with the Anti-Money Laundering Council (AMLC), fails to do so.
May a person be charged with and convicted of both the offense of money laundering and the unlawful activity as
herein defined?
Yes.
Suppose that any monetary instrument or property is in any way related to an unlawful activity?
The Court of Appeals, upon application ex parte by the AMLC and after determination that probable cause exists may
issue a freeze order which shall be effective immediately. The freeze order shall be for a period of 20 days
unless extended by the court.
May the AMLC inquire into or examine any particular deposit or investment?
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Yes. But only upon order of any competent court in cases of violation of this Act, when it has been established
that there is probable cause that the deposits or investments are related to an unlawful activities or a money
laundering offense.
Exceptions: Unlawful activities defined in numbers (1), (2) and (12).
May the BSP do the same inquiry and examination of any deposit or investment?
Yes. When the examination is made in the course of a periodic or special examination, in accordance with the rules
of examination of the BSP.
No case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to the
prejudice of a candidate for an electoral office during an election period.
Penalty:
(a) Penalties for the Crime of Money Laundering. - The penalty of imprisonment ranging from seven (7) to fourteen
(14) years and a fine of not less than Three Million Philippine pesos (PhP3,000,000.00) but not more than twice
the value of the monetary instrument or property involved in the offense, shall be imposed upon a person convicted
under Section 4(a) of this Act.
The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One million five hundred
thousand Philippine pesos (PhP1,500,000.00) but not more than Three million Philippine pesos (PhP3,000,000.00),
shall be imposed upon a person convicted under Section 4(b) of this Act.
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The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than One hundred thousand
Philippine pesos (PhP100,000.00) but not more than Five hundred thousand Philippine pesos (PhP500,000.00), or
both, shall be imposed on a person convicted under Section 4(c) of this Act.
(b) Penalties for Failure to Keep Records. - The penalty of imprisonment from six (6) months to one (1) year or a
fine of not less than One hundred thousand Philippine pesos (PhP100,000.00) but not more than Five hundred
thousand Philippine pesos (PhP500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of
this Act.
(c) Malicious Reporting. - Any person who, with malice, or in bad faith, reports or files a completely unwarranted
or false information relative to money laundering transaction against any person shall be subject to a penalty of
six (6) months to four (4) years imprisonment and a fine of not less than One hundred thousand Philippine pesos
(PhP100,000.00) but not more than Five hundred thousand Philippine pesos (PhP500,000.00), at the discretion of the
court: Provided, That the offender is not entitled to avail the benefits of the Probation Law.
If the offender is a corporation, association, partnership or any juridical person, the penalty shall be imposed
upon the responsible officers, as the case may be, who participated in the commission of the crime or who shall
have knowingly permitted or failed to prevent its commission. If the offender is a juridical person, the court may
suspend or revoke its license. If the offender is an alien, he shall, in addition to the penalties herein
prescribed, be deported without further proceedings after serving the penalties herein prescribed. If the offender
is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or
temporary absolute disqualification from office, as the case may be.
Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to
testify shall suffer the same penalties prescribed herein.
(d) Breach of Confidentiality. - The punishment of imprisonment ranging from three (3) to eight (8) years and a
fine of not less than Five hundred thousand Philippine pesos (PhP500,000.00) but not more than One million
Philippine pesos (PhP1,000,000.00), shall be imposed on a person convicted for a violation under Section 9(c).
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enumerated applications and/or requests which are acted upon in the ordinary course of business of the agency or
office concerned.
What is "Action"?
The written approval or disapproval made by a government office or agency on the application or request submitted
by a client for processing.
What is a "Fixer?
Any individual whether or not officially involved in the operation of a government office or agency who has access
to people working therein, and whether or not in collusion with them, facilitates speedy completion of
transactions for pecuniary gain or any other advantage or consideration.
What is required of office agencies providing frontline service to reduce bureaucratic red tape and processing
time?
They are mandated to regularly undertake time and motion studies, undergo evaluation and improvement of their
transaction systems and procedures and re-engineer the same if deemed necessary.
What is the remedy if a government office fails to act on an application or renewal of license or permit within
the prescribed period?
Said permit, license or authority shall automatically be extended until a decision or resolution is rendered on
the application for renewal: Provided, That the automatic extension shall not apply when the permit, license, or
authority covers activities which pose danger to public health, public safety, public morals or to public policy
including, but not limited to, natural resource extraction activities.
(4) Failure to render frontline services within the prescribed period on any application and/or request without
due cause;
(5) Failure to give the client a written notice on the disapproval of an application or request; and
(6) Imposition of additional irrelevant requirements other than those listed in the first notice.
(b) Grave Offense - Fixing and/or collusion with fixers in consideration of economic and/or other gain or
advantage.
What is effect of whenever a person charged voluntarily gives out information with regard to the investigation or
testifies in the case?
He will be exempt from prosecution in the case/s where his/her information and testimony are given. Provided,
That:
(a) There is absolute necessity for the testimony of the respondent/accused-informant whose discharge is
requested;
(b) There is no other direct evidence available for the proper prosecution of the offense committed, except the
testimony of said respondent/accused-informant;
(c) The testimony of said respondent/accused-informant can be substantially corroborated in its material points;
(d) The respondent/accused-informant has not been previously convicted of a crime involving moral turpitude; and
Evidence adduced in support of the discharge shall automatically form part of the records of the investigation.
Should the investigating body or court deny the motion or request for discharge as a witness, his/her sworn
statement shall be inadmissible as evidence.
What is Carnapping?
It is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or by using force upon things.
What is Repainting?
It is changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a
motor vehicle is different from its color as registered in the Land Transportation Commission.
What is Body-building?
It is a job undertaken on a motor vehicle in order to replace its entire body with a new body.
What is Remodeling?
It is the introduction of some changes in the shape or form of the body of the motor vehicle.
What is Dismantling?
It is the tearing apart, piece by piece or part by part, of a motor vehicle.
What is Overhauling?
It is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its
parts from the body of the motor vehicle.
None. All owners of motor vehicles in all cities and municipalities are required to register their cars with the
local police without paying any charges.
Suppose the motor vehicle is sold to another person, must there be a new subsequent registration?
Yes. Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or
chassis of a motor vehicle shall be registered with the Land Transportation Commission.
What is the duty of Collector of Customs when an imported motor vehicle, etc. has arrived?
He shall, within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein,
make a report of the shipment to the LTC, specifying the make, type and serial numbers, if any, of the motor
vehicle engine, engine block and chassis or body, and stating the names and addresses of the owner or consignee
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thereof. If the motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector
of Customs concerned shall hold the motor vehicle engine, engine block, chassis or body until it is numbered by
the LTC.
Is a permit required in mounting motor vehicles on motor boats, motor bancas and other light water vessels?
Yes. The applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the
LTC the pertinent data concerning the motor vehicle engines including their type, make and serial numbers.
Is clearance required for shipment of motor vehicles, motor vehicle engines, engine blocks, chassis or body?
Yes. Any person who owns or operates inter-island shipping or any water transportation with launches, boats,
vessels or ships shall within seven days submit a report to the Philippine Constabulary.
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Is a person who voluntarily gives out information to aid authorities entitled to a reward?
Yes. Any person who voluntarily gives information leading to the recovery of carnapped vehicles and for the
conviction of the persons charged with carnapping shall be given as reward so much reward money as the Philippine
Constabulary may fix. Any information given by informers shall be treated as confidential matter.
Penalty:
1) Any person who violates any provisions of this Act shall be punished with imprisonment for not less than two
years nor more than six years and a fine equal in amount to the acquisition cost of the motor vehicle, motor
vehicle engine or any other part involved in the violation: Provided, That if the person violating any provision
of this Act is a juridical person, the penalty herein provided shall be imposed on its president or secretary
and/or members of the board of directors or any of its officers and employees who may have directly participated
in the violation.
1) Any government official or employee who directly commits the unlawful acts defined in this Act or is guilty of
gross negligence of duty or connives with or permits the commission of any of the said unlawful act shall, in
addition to the penalty prescribed in the preceding paragraph, be dismissed from the service with prejudice to his
reinstatement and with disqualification from voting or being voted for in any election and from appointment to any
public office.
3) Any person who is found guilty of carnapping, as this term is defined in Section two of this Act, shall,
irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and
eight months and not more than seventeen years and four months, when the carnapping is committed without violence
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or intimidation of persons, or force upon things; and by imprisonment for not less than seventeen years and four
months and not more than thirty years, when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life imprisonment to death shall be imposed
when the owner, driver or occupant of the carnapped motor vehicle is killed in the commission of the carnapping.
What is Hazing?
It is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to
physical or psychological suffering or injury.
What happens if the person subjected to hazing or other forms of initiation rites suffers any physical injury or
dies as a result thereof?
The officers and members of the fraternity, sorority or organization who actually participated in the infliction
of physical harm shall be liable as principals.
Aside from the officers and members who participated in the hazing, who can also be liable?
1) The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.
2) If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization,
the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein
but failed to take any action to prevent the same from occurring.
3) The school authorities including faculty members who consent to the hazing or who have actual knowledge
thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the
acts of hazing committed by the perpetrators.
4) The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually
planned the hazing although not present when the acts constituting the hazing were committed shall be liable as
principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were
committed and failed to take action to prevent the same from occurring shall be liable as principal.
Is this also applicable in cases wherein hazing is a prior requisite for employment?
Yes. It shall apply to the president, manager, director or other responsible officer of a corporation engaged in
hazing as a requirement for employment in the manner provided herein.
Penalty:
a.) The penalty of reclusion perpetual if death, rape, sodomy or mutilation results therefrom.
b.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing the victim shall
become insane, imbecile, impotent or blind.
c.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing the victim shall have
lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a
leg shall have lost the use of nay such member shall have become incapacitated for the activity or work in which
he/she was habitually engaged.
d.) The penalty of reclusion temporal in its minimum period if in consequence of the hazing the victim shall
become deformed or shall have lost any other part of his/her body, or shall have lost the use thereof or shall
have been ill or incapacitated for the performance of the activity or work in which he/she has habitually engaged
for a period of more than ninety (90) days.
e.) The penalty of prison mayor in its maximum period if in consequence of the hazing the victim shall have been
ill or incapacitated for the performance of the activity or work in which he was habitually engaged for more than
thirty (30) days.
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f.) The penalty of prison mayor in its medium period if in consequence of the hazing the victim shall have been
ill or capacitated for the performance of the activity or work in which he was habitually engaged for ten (10)
days or more, or that the injury sustained shall require medical attendance for the same period.
g.) The penalty of the prison mayor in its period if in consequence of the hazing the victim shall have been ill
or incapacitated for the performance of the activity or work in which he was habitually engaged from one (1) to
nine (9) days, or that the injury sustained shall require medical attendance for the same period.
h.) The penalty of prison correctional in its maximum period if in consequence of the hazing the victim shall
sustain physical injuries, which do not prevent him/her from engaging in his habitual activity, or work nor
require medical attendance.
The responsible officials of the school or of the police, military or citizens army training organization may
impose the appropriate administrative sanctions on the person or persons charged under this provision even before
their conviction.
The maximum penalty herein provided shall be imposed in any of the following instances:
a.) When the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the
recruit who refuses to join;
b.) When the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be
committed on his person, is prevented from quitting.
c.) When the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act
to his parents or guardians, to the proper school authorities or to the police authorities, through force,
violence, threat or intimidation;
e.) When the victim is below twelve (12) years of age at he time of hazing.
What is Fencing?
It is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article,
item, object or anything of value which he knows, or should be known to him, to have been derived from the
proceeds of the crime of robbery or theft.
Who is a Fence?
It includes any person, firm, association corporation or partnership or other organization who/which commits the
act of fencing.
Must a clearance or permit to sell be secured first before selling the goods in public?
Yes. All stores, establishments or entities dealing in the buy and sell of any good, article item, object of
anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale
to the public, secure the necessary clearance or permit from the station commander of the Integrated National
Police in the town or city where such store, establishment or entity is located.
What happens if there is a failure to secure a clearance or permit to sell?
Any person who fails to secure the clearance or permit required by this section or who violates any of the
provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence.
Penalty:
1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or who violates any
of the provisions of these rules and regulations shall upon conviction be punished as a fence.
2. The INP Director-General shall recommend to the proper authority the cancellation of the business license of
the erring individual, store, establishment or the entity concerned.
3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the
provisions of Section 6 of P.D. No. 1612 and with these rules and regulations shall be held in restraint until
satisfactory evidence or legitimacy of acquisition has been established.
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4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are found to
be stolen property shall likewise be held under restraint and shall, furthermore, be subject to confiscation as
evidence in the appropriate case to be filed. If, upon termination of the case, the same is not claimed by their
legitimate owners, the article/s shall be forfeited in favor of the government and made subject to disposition as
the circumstances warrant in accordance with applicable existing laws, rules and regulations. The Commission on
Audit shall, in all cases, be notified.
5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P.D. No. 1612 or
any of its implementing rules and regulations or who, in any manner whatsoever, connives with or through his
negligence or inaction makes possible the commission of such violations by any party required to comply with the
law and its implementing rules and regulations, shall be prosecuted criminally without prejudice to the imposition
of administrative penalties.
It is the act of accepting (directly or indirectly) a gift from a person 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
civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself
or for any other person, in connection with any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be
given.
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any
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person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring
his own interest or giving undue advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous
to the same, whether or not the public officer profited or will profit thereby.
(h) Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does not participate in the action of the board,
committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they
belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy
of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date.
What happens to the person giving the gift, present, share, percentage or benefit, or offering or giving to the
public officer employment, or urging the divulging or untimely release of the confidential information?
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Such person, together with the offending public officer, will be punished under this Act and shall be permanently
or temporarily disqualified in the discretion of the Court, from transacting business in any form with the
Government.
Who among those related to the President, Vice-President, Senate President, House Speaker are prohibited to
intervene, directly or indirectly, in any business, transaction, contract or application with the government?
The spouse or any relative, by consanguinity or affinity, within the third civil degree.
Exception: Any person who, prior to the assumption of office of the official, has been already dealing with the
Government along the same line of business, or to any transaction, contract or application already existing or
pending at the time of such assumption of public office, or 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 provided by law, or rules or regulations issued pursuant to law, or to any act lawfully performed in an
official capacity or in the exercise of a profession.
Suppose the member of the Congress or a public officer has an interest even prior to the approval or the law or
resolution authored or recommended by him?
It is unlawful for such member of Congress or other public officer to continue to retain such interest for 30 days
after approval.
When should every public officer prepare and file his Statement of Assets and Liabilities (SAL)?
Within thirty days after the approval of this Act or after assuming office, and within the month of January of
every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or
separation from office.
Suppose a public officer assumed office less than two months before the end of the calendar year?
He may file his statement in the following months of January.
What are also considered in the determination of the public official's guilt?Properties in the name of the spouse
and unmarried children of such public official may be taken into consideration, when their acquisition through
legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the
enforcement of this section, notwithstanding any provision of law to the contrary.
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Is the public officer concerned allowed to resign pending an investigation, criminal or administrative, or
pending a prosecution against him?
No.
If he is acquitted?
He shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during
suspension, unless in the meantime administrative proceedings have been filed against him.
Can a public official still practice his profession, lawful trade or occupation during his incumbency?
Yes. Provided that, under the law, he may legitimately practice his profession, trade or occupation during his
incumbency.
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Exception: Where the practice of such profession, trade or occupation involves conspiracy with any other person or
public official to commit any of the violations penalized in this Act.
classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under existing labor laws;
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(2) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee
or apprentice.
Aside from the person who committed sexual harassment, who is also liable?
Any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the
commission thereof by another without which it would not have been committed, shall also be held liable.
What is the duty of the employer or head of the office in a work-related, education or training environment?
To prevent or deter the commission of acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual harassment.
Can the victim of work, education or training-related sexual harassment institute a separate and independent
action for damages and other affirmative relief?
Yes.
What is Broadcast?
To make public, by any means, a visual image with the intent that it be viewed by a person or persons.
What is Capture?
It is with respect to an image, means to videotape, photograph, film, record by any means, or broadcast.
2) It is also the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or
video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the person/s involved, notwithstanding that consent to
record or take photo or video coverage of same was given by such person's.
What does "Under circumstances in which a person has a reasonable expectation of privacy" mean?
It means believe that he/she could disrobe in privacy, without being concerned that an image or a private area of
the person was being captured; or circumstances in which a reasonable person would believe that a private area of
the person would not be visible to the public, regardless of whether that person is in a public or private place.
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act
or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act,
whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
Can a person reproduce, distribute, or broadcast the photo or video coverage if he has been given consent by such
person/s in the photo or video?
No. Notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s.
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Can a photo orvideo coverage taken in violation of this Act be admissible in evidence?
No. Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding
sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative
hearing or investigation.
What are considered absolutely confidential in nature and hence cannot be examined, inquired or looked into by
any person, government official, bureau, or office?
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All deposits of whatever nature with banks or banking institutions in the Philippines including investments in
bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities.
(1) To accept deposits and to accept foreign currencies in trust Provided, That numbered accounts for recording
and servicing of said deposits shall be allowed;
(2) To issue certificates to evidence such deposits;
(3) To discount said certificates;
(4) To accept said deposits as collateral for loans subject to such rules and regulations as may be promulgated by
the Central Bank from time to time; and
(5) To pay interest in foreign currency on such deposits.
Can the said depositary banks extend foreign currency loans to any domestic enterprise?
Yes. But subject to prior Central Bank approval when required by Central Bank regulations. It is without the
limitations prescribed in the preceding paragraph regarding maturity and marketability, and such loans shall be
eligible for purposes of the 100% foreign currency cover.
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair
its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in,
criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution
and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution
of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing
proceedings in the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with
intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or
impeding the prosecution of a criminal offender;
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(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property
or that of any immediate member or members of his family in order to prevent such person from appearing in the
investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful,
in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending
the offender or from protecting the life or property of the victim; or fabricating information from the data
gathered in confidence by investigating authorities for purposes of background information and not for publication
and publishing or disseminating the same to mislead the investigator or to the court.
2) Any person who participated with the said public officer in the commission of an offense contributing to the
crime of plunder shall likewise be punished for such offense.
In the imposition of penalties, the degree of participation and the attendance of mitigating circumstances shall
be considered by the court.
What is a Person?
It includes any natural or juridical person, unless the context indicates otherwise.
If 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.
Is plunder prescriptible?
Yes. It shall prescribe in 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.