QuestionsQuestions (Republic Act No. 10168)
The short title 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 those who support or finance it, recognize financing of terrorism as inimical to national security and the welfare of the people, and criminalize the financing of terrorism while preventing and suppressing it through freezing and forfeiture of properties/funds while protecting human rights and adhering to international commitments such as the UN Security Council resolutions pursuant to Chapter VII.
“Designated persons” include: (1) persons or entities designated/identified as terrorists or terrorist financiers or terrorist organizations under applicable UN Security Council Resolutions or another jurisdiction/supranational jurisdiction; (2) organizations/associations/groups proscribed under Section 17 of the Human Security Act of 2007 (RA 9372); and (3) persons/organizations whose funds or property may be subject to seizure and sequestration under Section 39 of RA 9372 upon probable cause.
It is broad and includes financial assets and property of every kind, tangible or intangible, movable or immovable, however acquired, including legal documents/instruments in any form (including electronic/digital) evidencing title or interest, such as bank credits, travelers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, and any interest/dividends or other income on or value accruing from such funds or assets.
It punishes any person who willfully and without lawful excuse directly or indirectly possesses, provides, collects, or uses property/funds, or makes them available, including through financial/related services, with unlawful and willful intent that they should be used or with knowledge that they are to be used (in whole or in part) to carry out/facilitate a terrorist act; by a terrorist organization; or by an individual terrorist. Actual use of the funds is not required—an offense exists even if the funds were not actually used.
It states that knowledge or intent may be established by direct evidence or inferred from the attendant circumstances.
Attempt to commit a crime under Section 4 or Section 8 is penalized by a penalty two degrees lower than that for the consummated offense. Conspiracy to commit such crimes is penalized by the same penalty prescribed for the commission of the crime. Conspiracy exists when two or more persons agree to commit the offense and decide to commit it.
Accomplices (Section 6) who cooperate by previous or simultaneous acts, but are not principals or conspirators, get a penalty one degree lower than that prescribed for conspirators. Accessories (Section 7) who know of the crime but do not participate as principal, and take part after commission by profiting, assisting, concealing/destroying effects to prevent discovery, or harboring assisting escape—receive a penalty two degrees lower than that for principals.
A person not covered as accomplice or accessory who deals directly/indirectly in any way and by any means with property/funds he knows or has reasonable ground to believe is owned or controlled by a designated person (including funds derived from such property), or makes available property/funds or financial/related services to such designated person, is punished. The knowledge standard includes actual knowledge or reasonable ground to believe.
If the offender is a corporation/association/partnership/juridical person, the penalty is imposed on responsible officers who participated in, or allowed by gross negligence, the commission, or who knowingly permitted or failed to prevent its commission. The court may suspend or revoke its license. If the offender is an alien, the alien is additionally deported without further proceedings after serving the prescribed penalties.
The AMLC may investigate, on its own initiative or upon request of the ATC: (a) properties/funds related to financing of terrorism/acts of terrorism; and (b) properties/funds of persons where there is probable cause to believe they are involved in financing/acts of terrorism. It may enlist government agencies. The law also authorizes AMLC to inquire into/examine deposits and investments with banking or non-bank financial institutions and their subsidiaries/affiliates without a court order notwithstanding the Law on Secrecy of Bank Deposits and other related laws.
A person whose property/funds are frozen under Section 11’s first paragraph may withdraw sums reasonably needed for monthly family needs and sustenance, including counsel services and family medical needs. A person whose property/funds are frozen under Section 11’s third paragraph may withdraw sums reasonably needed for monthly family needs, including counsel services and family medical needs as determined by AMLC.
Financing of terrorism under Section 4 and offenses under Sections 5, 6, and 7 are predicate offenses to money laundering under the AMLA, subject to suspicious transaction reporting requirements. For civil forfeiture, the procedure for forfeiting property/funds related to financing of terrorism and covered offenses follows the AMLA, its Revised IRR, and Supreme Court Rules of Procedure.
Subject to treaties and preferential application laws, criminal provisions apply to: (a) individuals outside the Philippines who commit/conspire/plot to commit crimes inside Philippine territory; (b) crimes on board Philippine ships/airships; (c) crimes in Philippine embassies/consulates/diplomatic premises; (d) crimes against Philippine citizens/persons of Philippine descent where citizenship/ethnicity is a factor; and (e) crimes directly against the Philippine government. It also applies to Filipino nationals who commit such crimes outside Philippine jurisdiction.