Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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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.
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?
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.
May this Act be used as a means of political harassment?
Of course not. This Act shall not be used for political persecution or harassment or as an
instrument to hamper competition in trade and commerce.
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.
What will govern the restitution for the aggrieved party?
The provisions of the New Civil Code.
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.
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).
present only inconsequential issues for the resolution by an officer or employee of said
government office.
What are "Complex Transactions"?
Requests or applications submitted by clients of a government office which necessitate the
use of discretion in the resolution of complicated issues by an officer or employee of said
government office, such transaction to be determined by the office concerned.
What is "Frontline Service"?
The process or transaction between clients and government offices or agencies involving
applications for any privilege, right, permit, reward, license, concession, or for any
modification, renewal or extension of the 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 "Irrevelant requirement"?
Any document or performance of an act not directly material to the resolution of the issues
raised in the request or needed in the application submitted by the client.
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 a Citizen's Charter?
It contains service standards in the form of information billboards which should be posted at
the main entrance of offices or at the most conspicuous place, and in the form of published
materials written either in English, Filipino, or in the local dialect, that detail:
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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.
When should one must register his vehicle?
Within one year after the approval of this Act, every owner or possessor of unregistered
motor vehicle or parts thereof in knock down condition shall register with the Land
Transportation Commission the motor vehicle engine, engine block and chassis in his
name or in the name of the real owner who shall be readily available to answer any claim
over the registered motor vehicle engine, engine block or chassis.
What is the effect of non-registration?
They shall be considered as untaxed importation or coming from an illegal source or
carnapped, and shall be confiscated in favor of the Government.
Are there charges in the registration?
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 effect of non-registration?
Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle
engines, engine blocks and chassis not registered with the Land Transportation
Commission shall not be issued certificates of registration and shall be considered as
untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal
sources.
What is the procedure when seeks original registration of a vehicle?
1) Whether that motor vehicle is newly assembled or rebuilt or acquired from a registered
owner, he shall within one week after the completion of the assembly or rebuilding job or
the acquisition thereof from the registered owner, apply to the Philippine Constabulary for
clearance of the motor vehicle for registration with the Land Transportation Commission.
2) The Philippine Constabulary shall, upon receipt of the application, verify if the motor
vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor
vehicle parts.
3) If the motor vehicle or any of its numbered parts is not in that list, the Philippine
Constabulary shall forthwith issue a certificate of clearance.
4) Upon presentation of the certificate of clearance from the Philippine Constabulary and
after verification of the registration of the motor vehicle engine, engine block and chassis in
the permanent registry of motor vehicle engines, engine blocks and chassis, the Land
Transportation Commission shall register the motor vehicle.
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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 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.
What is the duty of importers, distributors and sellers of motor vehicles?
They shall keep a permanent record of his stocks, stating therein their type, make and
serial numbers, and the names and addresses of the persons from whom they were
acquired and the names and addresses of the persons to whom they were sold, and shall
render an accurate monthly report of his transactions in motor vehicles to the LTC.
What is the duty of manufacturers of engine blocks, chassis or body?
They shall cause the numbering of every engine block, chassis or body manufactured in a
convenient and conspicuous part thereof which the LTC may direct for the purpose of
uniformity and identification of the factory and shall submit to the Land Transportation
Commission a monthly report of the manufacture and sale of engine blocks, chassis or
body.
What is the requirement for assembly or rebuilding of motor vehicles?
The person who shall undertake to assemble or rebuild or cause the assembly or rebuilding
of a motor vehicle shall first secure a certificate of clearance from the Philippine
Constabulary: Provided, That no such permit shall be issued unless the applicant shall
present a statement under oath containing the type, make and serial numbers of the
engine, chassis and body, if any, and the complete list of the spare parts of the motor
vehicle to be assembled or rebuilt together with the names and addresses of the sources
thereof.
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.
Is defacing or tampering with serial numbers illegal?
Yes. It shall be unlawful for any person to deface or otherwise tamper with the original or
registered serial number of motor vehicle engines, engine blocks and chassis.
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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.
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:
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.
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;
d.) When the hazing is committed outside of the school or institution; or
e.) When the victim is below twelve (12) years of age at he time of hazing.
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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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.
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.
(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.
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.
(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.
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(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 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.
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.
(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?
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.
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.
What should the SAL contain?
A true detailed and sworn statement of assets and liabilities, including a statement of the
amounts and sources of his income, the amounts of his personal and family expenses and
the amount of income taxes paid for the next preceding calendar year.
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.
When can a public official be considered guilty of graft and corruption?
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If he has been found to have acquired during his incumbency, whether in his name or in the
name of other persons, an amount of property and/or money manifestly out of proportion to
his salary and to his other lawful income.
What is the consequence of such violation?
It shall be a ground for dismissal or removal.
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.
Who has competent jurisdiction of graft and corruption cases?
Until otherwise provided by law, the proper Court of First Instance in its original jurisdiction.
What is the prescription period?
10 years.
Is the public officer concerned allowed to resign pending an investigation, criminal
or administrative, or pending a prosecution against him?
No.
Will the public officer be suspended?
Yes. 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.
What happens if he is convicted?
He shall lose all retirement or gratuity benefits under any law.
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.
What gifts or presents are excepted in this Act?
Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage.
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.
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.
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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.
To what extent is the liability of the employer or head?
He/She shall be solidarily liable for damages arising from the acts of sexual
harassment committed in the employment, education or training environment if the
employer or head of office, educational or training institution is informed of such acts by
the offended party and no immediate action is taken.
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 the penalty?
Imprisonment of not less than 1 month nor more than 6 months, or a fine of not less than
P10,000 nor more than P20,000, or both at the discretion of the court.
What is the prescription period?
3 years.
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Yes. They shall be insured under Philippine Deposit Insurance Corporation (PDIC).
Isurance payment shall be in the same currency in which the insured deposits are
denominated.
authorities for purposes of background information and not for publication and publishing or
disseminating the same to mislead the investigator or to the court.
Suppose a higher penalty is imposed by another law on one of abovementioned
acts?
The higher penalty shall be imposed.
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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.