Post on 14-Dec-2015
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 IntegrationSantiago, Chile
June 11-13, 2013
Office of the OmbudsmanSection 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 OmbudsmanSection 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 Code (Crimes Committed by
Public Officers)
•Direct , Indirect and Qualified Bribery
•Malversation of Public Funds or Property and Technical Malversation
•Frauds and Illegal Exactions and Transactions
Republic Act (RA) 3019
(Anti-Graft and Corrupt
Practices Act)
• Sec 3(e)- Causing undue injury to any party, including the Government
• Sec 3(g)- Entering into a contract grossly or manifestly disadvantageous to the Government
• Sec 7 – Public disclosure and annual assets, liabilities and networth
Philippine Anti-Corruption/ Anti Money Laundering LawsRA 6713 (Code of Conduct and
Ethical Standards for
Public Officials and
Employees)
• Required the annual filing of the Sworn Statement of Assets, Liabilities and Networth of all public officials and employees
RA 7080 (Anti Plunder Act)
• Amassing ill-gotten wealth in an aggregate amount of Php50 Million through series of criminal acts
• Life imprisonment with perpetual disqualification to hold public office
Philippine Anti-Corruption/ Anti Money Laundering Laws
RA 1379 (Forfeiture
of Unlawfully Acquired Property)
Section 2:Whenever any public officer or
employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to his lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired
Philippine Anti-Corruption/ Anti Money Laundering Laws
Republic Act Republic Act No. 9160 No. 9160 (Anti-Money (Anti-Money Laundering Laundering Act of 2001)Act of 2001)•Effective 17
October 2001
Republic Act No. 9194• Effective 23
March 2003
Revised Implementing Rules and Regulations• Effective
7 September 2003
Philippine Anti-Corruption/ Anti Money Laundering Laws
R.A. No. 10167 (Act to Further Strengthen the AMLA, amending Sections 10 and 11 of R.A. 9160)
• -took effect on July 6, 2012
Revised IRRs September 15, 2012
RA 10168 (The
Terrorism Financing Prevention
and Suppression Act of 2012“)
Approved: 18 June 2012
R.A. No. 10365 (Act to Further Strengthening the Anti-Money Laundering Law, Amending for the Purpose R.A. No. 9160) •Signed into law on February 15, 2013
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 Duces Tecum and/or
Subpoena Ad
Testificandum
Covert Operations
Use of information Technology
Collaboration with other
agencies (i.e. COA,
AMLC, etc.)
Best Practices… cont.
File complaints for violation of criminal and
administrative laws
Concurrent filing of
complaint for forfeiture of ill-gotten wealth
Legal Challenges
Legislative
Jurisprudential
Confidentiality of local and foreign currency deposits (RA 1405 and RA6426)
Affirms the confidentiality of bank deposits including trust accounts except in certain cases
Exemptions on Confidentiality of Bank DepositsOn 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 DepositsOn Local Currency Deposits... cont.
In cases where the money deposited or invested is the subject matter of the litigation; orUpon 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 1379Complaint: 369 Filed in Court: 39
Violation of RA 7080 (Plunder)Complaint: 77 Filed in Court: 17
Violation of AMLA, as amendedComplaint: 6 Filed in Court: 3
Source: Central Records Div. Office of the Ombudsman
EpilogueWith 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. RamosAtty. John Zernan T. SambajonField Investigation Office (FIO)
Office of the OmbudsmanRepublic of the Philippines