Law Summary
Authority to Inquire into Bank Deposits
- AMLC has the authority to inquire into or examine deposits or investments, including related accounts, upon order of a competent court based on an ex parte application.
- This inquiry applies in cases of suspected violations of the Anti-Money Laundering Act (AMLA) and requires probable cause linking deposits or accounts to unlawful activities or money laundering offenses.
- No court order is necessary for inquiries involving certain serious crimes including specific offenses under Section 3(i)(1), (2), and (12), and terrorism-related crimes under Republic Act No. 9372.
- The Court of Appeals must act on the application within twenty-four (24) hours from filing.
- The Bangko Sentral ng Pilipinas may verify the compliance of covered institutions with AMLA during routine or special examinations.
- "Related accounts" refer to accounts materially linked to or originating from the frozen monetary instruments or properties.
- Ex parte court orders are required before AMLC can inquire into related accounts.
- The inquiry must comply with constitutional protections under Article III, Sections 2 and 3 of the 1987 Philippine Constitution.
Separability Clause
- If any provision or application of the Act is found void or unconstitutional, other unaffected provisions remain valid and enforceable.
Repealing Clause
- All inconsistent laws, decrees, executive orders, rules, or regulations are repealed, amended, or modified accordingly.
- Penal provisions do not apply retroactively to acts committed before the Anti-Money Laundering Act took effect on October 17, 2001.
Effectivity
- The Act takes effect fifteen (15) days after its complete publication in the Official Gazette or in at least two national newspapers of general circulation.