Question & AnswerQ&A (Republic Act No. 10168)
The short title of Republic Act No. 10168 is "The Terrorism Financing Prevention and Suppression Act of 2012."
The State's policy is to protect life, liberty, and property from acts of terrorism, condemn terrorism and its financial support, recognize financing terrorism as a crime against the Filipino people and law of nations, and adhere to international commitments like the UN Security Council resolutions.
Financing of terrorism includes any person who willfully and without lawful excuse possesses, provides, or makes available property, funds, or financial services intending or knowing they will be used to carry out or facilitate terrorist acts by terrorists or terrorist organizations.
The penalty ranges from reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Php 500,000.00 nor more than Php 1,000,000.00. Organizers or directors are subject to the same penalties.
Designated persons include individuals or entities identified as terrorists or terrorist financiers under UN Security Council resolutions, persons or groups proscribed under the Human Security Act, or those whose funds are subject to seizure under such Act based on probable cause.
The AMLC is authorized to investigate any property or funds related to terrorism financing or persons suspected of financing terrorism, to examine bank deposits without court order, freeze assets ex parte for up to 20 days, and extend freeze orders upon court approval.
The AMLC may issue an ex parte freeze order for property related to terrorism financing for up to 20 days, extendable up to six months by the Court of Appeals. Property subject to freeze can be challenged within 20 days, and humanitarian exemptions for family needs apply.
When a juridical person or corporation commits the offense, responsible officers who allowed or participated in the commission may be penalized, the license of the entity may be suspended or revoked, and aliens may be deported after serving penalties.
An aggrieved party may file a petition with the Court of Appeals within 20 days from the freeze order issuance to determine the basis of the freeze order under the principle of effective judicial protection.
The AMLC may defer issuing a freeze order as long as necessary for specific investigative or prosecutorial purposes to avoid jeopardizing the investigation.
They are tasked with publishing lists of designated persons on their websites, including procedures for delisting, unfreezing, and exemptions, ensuring public accessibility of such information.
Responsible officers or persons who fail to comply with a freeze order face imprisonment from six months to four years and fines between Php 100,000.00 and Php 500,000.00, plus possible administrative sanctions by AMLC.
Yes, the Act applies extraterritorially to Filipinos and others committing terrorism financing related crimes affecting the Philippines, including acts on Philippine ships or diplomatics premises, and offenses against Filipino citizens abroad.
Offenses under this Act, including financing of terrorism, are predicate offenses to money laundering under the AMLA, triggering suspicious transaction reporting requirements and civil forfeiture procedures under that law.
Persons with frozen funds may withdraw sums reasonably needed for monthly family needs, legal counsel services, and medical needs as determined by the court or the AMLC depending on the freeze order issued.