REPUBLIC ACT NO. 10168, June 18, 2012
AN ACT DEFINING THE CRIME OF FINANCING OF TERRORISM, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Short Title. – This Act shall be known as “The Terrorism Financing Prevention and Suppression Act of 2012”.
SEC. 2. Declaration of Policy. –
It is the policy of the State to protect life, liberty, and property
from acts of terrorism and to condemn terrorism and those who support
and finance it and to recognize it as inimical and dangerous to national
security and the welfare of the people, and to make the financing of
terrorism a crime against the Filipino people, against humanity, and
against the law of nations.
The State, likewise, recognizes and
adheres to international commitments to combat the financing of
terrorism, specifically to the International Convention for the
Suppression of the Financing of Terrorism, as well as other binding
terrorism-related resolutions of the United Nations Security Council
pursuant to Chapter 7 of the Charter of the United Nations (UN).
Toward
this end, the State shall reinforce its fight against terrorism by
criminalizing the financing of terrorism and related offenses, and by
preventing and suppressing the commission of said offenses through
freezing and forfeiture of properties or funds while protecting human
rights.
SEC. 3. Definition of Terms. – As used in this Act:
(a) Anti-Money Laundering Council (AMLC) refers
to the Council created by virtue of Republic Act No. 9160, as amended,
otherwise known as the “Anti-Money Laundering Act of 2001, as amended”.
(b) Anti-Terrorism Council (ATC) refers to the Council created by, virtue of Republic Act No. 9372, otherwise known as the “Human Security Act of 2007?.
(c) Covered institutions refer to or shall have the same meaning as defined under the Anti-Money Laundering Act (AMLA), as amended.
(d) Dealing, with regard to property or funds refers
to receipt, acquisition, transacting, representing, concealing,
disposing or converting, transferring or moving, use as security of or
providing financial services.
(e) Designated persons refers to:
(1)
any person or entity designated and/or identified as a terrorist, one
who finances terrorism, or a terrorist organization or group under the
applicable United Nations Security Council Resolution or by another
jurisdiction or supranational jurisdiction;
(2) any organization, association, or group of persons proscribed pursuant to Section 17 of the Human Security Act of 2007; or
(3)
any person, organization, association, or group of persons whose funds
or property, based on probable cause are subject to seizure and
sequestration under Section 39 of the Human Security Act of 2007.
(f) Forfeiture refers
to a court order transferring in favor of the government, after due
process, ownership of property or funds representing, involving, or
relating to financing of terrorism as defined in Section 4 or an offense
under Sections 5, 6, 7, 8, or 9 of this Act.
(g) Freeze refers
to the blocking or restraining of specific property or funds from being
transacted, converted, concealed, moved or disposed without affecting
the ownership thereof.
(h) Property or funds refer to
financial assets, property of every kind, whether tangible or
intangible, movable or immovable, however acquired, and legal documents
or instruments in any form, including electronic or digital, evidencing
title to, or interest in, such funds or other assets, including, but not
limited to, bank credits, travellers cheques, bank cheques, money
orders, shares, securities, bonds, drafts, or letters of credit, and any
interest, dividends or other income on or value accruing from or
generated by such funds or other assets.
(i) Terrorist refers
to any natural person who: (1) commits, or attempts, or conspires to
commit terrorist acts by any means, directly or indirectly, unlawfully
and willfully; (2) participates, as a principal or as an accomplice, in
terrorist acts; (3) organizes or directs others to commit terrorist
acts; or (4) contributes to the commission of terrorist acts by a group
of persons acting with a common purpose where the contribution is made
intentionally and with the aim of furthering the terrorist act or with
the knowledge of the intention of the group to commit a terrorist act.
(j) Terrorist acts refer to the following:
(1) Any act in violation of Section 3 or Section 4 of the Human Security Act of 2007;
(2)
Any other act intended to cause death or serious bodily injury to a
civilian, or to any other person not taking an active part in the
hostilities in a situation of armed conflict, when the purpose of such
act, by its nature or context, is to intimidate a population, or to
compel a government or an international organization to do or to abstain
from doing any act;
(3) Any act which constitutes an offense
under this Act, that is within the scope of any of the following
treaties of which the Republic of the Philippines is a State party:
(a) Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970 ;
(b)
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on 23 September 1971 ;
(c)
Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents, adopted
by the General Assembly of the United Nations on 14 December 1973;
(d)
International Convention against the Taking of Hostages, adopted by the
General Assembly of the United Nations on 17 December 1979;
(e) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980 ;
(f)
Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, supplementary to the Convention
for the Suppression of Unlawful Acts against the Safety of Civil
Aviation, done at Montreal on 24 February 1988 ;
(g) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988 ;
(h)
Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms located on the Continental Shelf, done at Rome on 10
March 1988; or
(i) International Convention for the Suppression
of Terrorist Bombings, adopted by the General Assembly of the United
Nations on 15 December 1997.
(k) Terrorist organization, association or a group of persons refers
to any entity owned or controlled by any terrorist or group of
terrorists that: (1) commits, or attempts to commit, terrorist acts by
any means, directly or indirectly, unlawfully and willfully; (2)
participates as an accomplice in terrorist acts; (3) organizes or
directs others to commit terrorist acts; or (4) contributes to the
commission of terrorist acts by a group of persons acting with common
purpose of furthering the terrorist act where the contribution is made
intentionally and with the aim of furthering the terrorist act or with
the knowledge of the intention of the group to commit a terrorist act.
SEC. 4. Financing of Terrorism. –
Any person who, directly or indirectly, willfully and without lawful
excuse, possesses, provides, collects or uses property or funds or makes
available property, funds or financial service or other related
services, by any means, with the unlawful and willful intention that
they should be used or with the knowledge that they are to be used, in
full or in part: (a) to carry out or facilitate the commission of any
terrorist act; (b) by a terrorist organization, association or group; or
(c) by an individual terrorist, shall be guilty of the crime of
financing of terrorism and shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred thousand pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00).
Any
person who organizes or directs others to commit financing of terrorism
under the immediately preceding paragraph shall likewise be guilty of
an offense and shall suffer the same penalty as herein prescribed.
For
purposes of this Act, knowledge or intent may be established by direct
evidence or inferred from the attendant circumstances.
For an
act to constitute a crime under this Act, it shall not be necessary that
the funds were actually used to carry out a crime referred to in
Section 3(j).
SEC. 5. Attempt or Conspiracy to Commit the
Crimes of Financing of Terrorism and Dealing with Property or Funds of
Designated Persons. – Any attempt to commit any crime under Section
4 or Section 8 under this Act shall be penalized by a penalty two
degrees lower than that prescribed for the commission of the same as
provided under this Act.
Any conspiracy to commit any crime
under Section 4 or Section 8 of this Act shall be penalized by the same
penalty prescribed for the commission of such crime under the said
sections.
There is conspiracy to commit the offenses punishable
under Sections 4 and 8 of this Act when two (2) or more persons come to
an agreement concerning the commission of such offenses and decided to
commit it.
SEC. 6. Accomplice. – Any person who, not
being a principal under Article 17 of the Revised Penal Code or a
conspirator as defined in Section 5 hereof, cooperates in the execution
of either the crime of financing of terrorism or conspiracy to commit
the crime of financing of terrorism by previous or simultaneous acts
shall suffer the penalty one degree lower than that prescribed for the
conspirator.
SEC. 7. Accessory. – Any person who,
having knowledge of the commission of the crime of financing of
terrorism but without having participated therein as a principal, takes
part subsequent to its commission, by profiting from it or by assisting
the principal or principals to profit by the effects of the crime, or by
concealing or destroying the effects of the crime in order to prevent
its discovery, or by harboring, concealing or assisting in the escape of
a principal of the crime shall be guilty as an accessory to the crime
of financing of terrorism and shall be imposed a penalty two degrees
lower than that prescribed for principals in the crime of financing
terrorism.
SEC. 8. Prohibition Against Dealing with Property or Funds of Designated Persons. – Any
person who, not being an accomplice under Section 6 or accessory under
Section 7 in relation to any property or fund: (i) deals directly or
indirectly, in any way and by any means, with any property or fund that
he knows or has reasonable ground to believe is owned or controlled by a
designated person, organization, association or group of persons,
including funds derived or generated from property or funds owned or
controlled, directly or indirectly, by a designated person,
organization, association or group of persons; or (ii) makes available
any property or funds, or financial services or other related services
to a designated and/or identified person, organization, association, or
group of persons, shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred thousand pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00).
SEC. 9. Offense by a Juridical Person, Corporate Body or Alien. – 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, or allowed by their
gross negligence, 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, the alien shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving
the penalties herein prescribed.
SEC. 10. Authority to Investigate Financing of Terrorism. – The
AMLC, either upon its own initiative or at the request of the ATC, is
hereby authorized to investigate: (a) any property or funds that are in
any way related to financing of terrorism or acts of terrorism; (b)
property or funds of any person or persons in relation to whom there is
probable cause to believe that such person or persons are committing or
attempting or conspiring to commit, or participating in or facilitating
the financing of terrorism or acts of terrorism as defined herein.
The
AMLC may also enlist the assistance of any branch, department, bureau,
office, agency or instrumentality of the government, including
government-owned and -controlled corporations in undertaking measures to
counter the financing of terrorism, which may include the use of its
personnel, facilities and resources.
For purposes of this
section and notwithstanding the provisions of Republic Act No. 1405,
otherwise known as the “Law on Secrecy of Bank Deposits”, as amended;
Republic Act No. 6426, otherwise known as the “Foreign Currency Deposit
Act of the Philippines”, as amended; Republic Act No. 8791, otherwise
known as “The General Banking Law of 2000? and other laws, the AMLC is
hereby authorized to inquire into or examine deposits and investments
with any banking institution or non-bank financial institution and their
subsidiaries and affiliates without a court order.
SEC. 11. Authority to Freeze. – The AMLC, either upon its own initiative or at the request of the ATC, is hereby authorized to issue an ex parte order
to freeze without delay: (a) property or funds that are in any way
related to financing of terrorism or acts of terrorism; or (b) property
or funds of any person, group of persons, terrorist organization, or
association, in relation to whom there is probable cause to believe that
they are committing or attempting or conspiring to commit, or
participating in or facilitating the commission of financing of
terrorism or acts of terrorism as defined herein.
The freeze
order shall be effective for a period not exceeding twenty (20) days.
Upon a petition filed by the AMLC before the expiration of the period,
the effectivity of the freeze order may be extended up to a period not
exceeding six (6) months upon order of the Court of Appeals: Provided, That the twenty-day period shall be tolled upon filing of a petition to extend the effectivity of the freeze order.
Notwithstanding
the preceding paragraphs, the AMLC, consistent with the Philippines ’
international obligations, shall be authorized to issue a freeze order
with respect to property or funds of a designated organization,
association, group or any individual to comply with binding
terrorism-related Resolutions, including Resolution No. 1373, of the UN
Security Council pursuant to Article 41 of the Charter of the UN. Said
freeze order shall be effective until the basis for the issuance thereof
shall have been lifted. During the effectivity of the freeze order, an
aggrieved party may, within twenty (20) days from issuance, file with
the Court of Appeals a petition to determine the basis of the freeze
order according to the principle of effective judicial protection.
However,
if the property or funds subject of the freeze order under the
immediately preceding paragraph are found to be in any way related to
financing of terrorism or acts of terrorism committed within the
jurisdiction of the Philippines , said property or funds shall be the
subject of civil forfeiture proceedings as hereinafter provided.
SEC. 12. Exceptions for Investigative Requirements. –
Notwithstanding the immediately preceding provision, the AMLC may
decide to defer the issuance of a freeze order for as long as necessary
for any specific investigative/prosecutorial purposes.
SEC. 13. Humanitarian Exemptions. –
The person whose property or funds have been frozen under the first
paragraph of Section 11 may withdraw such sums as the court determines
to be reasonably needed for monthly family needs and sustenance
including the services of counsel and the family medical needs of such
person.
The person whose property or funds have been frozen
under the third paragraph of Section 11 may withdraw such sums as the
AMLC determines to be reasonably needed for monthly family needs
including the services of counsel and the family medical needs of such
person.
SEC. 14. Appropriation and Use of Funds of Public Attorney’s Office (PAO). – Any
appropriation and use of funds of PAO to provide free legal assistance
or services to persons charged of the offenses defined and penalized
herein shall not be construed as a violation of this Act, thereby
exempting the PAO from any liability.
SEC. 15. Publication of Designation. –
The Department of Foreign Affairs with respect to designation under
Section 3 (e) (1) of this Act, and the ATC with respect to designation
under Section 3 (e) (2) and (3) and Section 11 of this Act, shall
publish a list of the designated persons to which this Act or the Human
Security Act applies. The concerned agencies shall ensure that an
electronic version of the document is made available to the public on
their respective website.
Each respective agency or authority
shall ensure that information on procedures established in rules and
regulations issued pursuant to this Act for delisting, unfreezing and
exemptions for basic, necessary or extraordinary expenses shall likewise
be made available in their respective website.
SEC. 16. Duty of the Covered Institutions and/or Relevant Government Agencies Upon Receipt of the Freeze Order. –
Upon receipt of the notice of a freeze order, the covered institutions
and/or relevant government agencies shall immediately preserve the
subject property or funds in accordance with the order of the AMLC and
shall forthwith serve a copy of the notice of the freeze order upon the
owner or holder of the property or funds. Any responsible officer or
other person who fails to comply with a freeze order shall suffer the
penalty of imprisonment from six (6) months to four (4) years and a fine
of not less than One hundred thousand pesos (Php100,000.00) nor more
than Five hundred thousand pesos (Php500,000.00), at the discretion of
the court, without prejudice to the administrative sanctions that the
AMLC may impose on the erring covered institution.
SEC. 17. Predicate Offense to Money Laundering. – Financing
of terrorism under Section 4 and offenses punishable under Sections 5,
6, and 7 of this Act shall be predicate offenses to money laundering as
defined in Republic Act No. 9160, otherwise known as the “Anti-Money
Laundering Act of 2001?, as amended, and subject to its suspicious
transaction reporting requirement.
SEC. 18. Civil Forfeiture. –
The procedure for the civil forfeiture of property or funds found to be
in any way related to financing of terrorism under Section 4 and other
offenses punishable under Sections 5, 6, and 7 of this Act shall be made
in accordance with the AMLA, as amended, its Revised Implementing Rules
and Regulations and the Rules of Procedure promulgated by the Supreme
Court.
SEC. 19. Extra-Territorial Application of this Act. – Subject
to the provision of an existing treaty, including the International
Convention for the Suppression of the Financing of Terrorism of which
the Philippines is a State Party, and to any contrary provision of any
law of preferential application, the criminal provisions of this Act
shall apply: (a) to individual persons who, although physically outside
the territorial limits of the Philippines, commit, conspire or plot to
commit any of the crimes defined and punished in this Act inside the
territorial limits of the Philippines; (b) to individual persons who,
although physically outside the territorial limits of the Philippines,
commit any of the said crimes on board Philippine ship or Philippine
airship; (c) to individual persons who commit any of said crimes within
any embassy, consulate, or diplomatic premises belonging to or occupied
by the Philippine government in an official capacity; (d) to individual
persons who, although physically outside the territorial limits of the
Philippines, commit said crimes against Philippine citizens or persons
of Philippine descent, where their citizenship or ethnicity was a factor
in the commission of the crime; and (e) to individual persons who,
although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.
The
provisions of this Act shall likewise apply to a Filipino national who,
although outside the territorial jurisdiction of the Philippines ,
commit, conspire or plot to commit any of the crimes defined and
punished in this Act.
In case of an alien whose extradition is
requested pursuant to the International Convention for the Suppression
of the Financing of Terrorism, and that alien is not extradited to the
requesting State, the Republic of the Philippines, without exception
whatsoever and whether or not the offense was committed in the
Philippines, shall submit the case without undue delay to the Department
of Justice for the purpose of prosecution in the same manner as if the
act constituting the offense had been committed in the Philippines, in
which case, the courts of the Philippines shall have jurisdiction over
the offense.
SEC. 20. Extradition. – The Philippines
may, at its option, subject to the principle of reciprocity, consider
the International Convention for the Suppression of the Financing of
Terrorism as a legal basis for requesting or granting extradition in
respect of the offenses set forth under this Act.
SEC. 21. Applicability of the Revised Penal Code. – The provisions of Book I of the Revised Penal Code shall apply suppletorily to this Act.
SEC. 22. Implementing Rules and Regulations. –Within
thirty (30) days from the effectivity of this Act, the AMLC, in
coordination with relevant government agencies, shall promulgate rules
and regulations to implement effectively the provisions of this Act.
The
rules and regulations to be promulgated may include, but not limited
to, designation, delisting, notification of matters of interest of
persons affected by the Act, exceptions for basic, necessary and
extraordinary expenses, matters of evidence, definition of probable
cause, inter-agency coordination, publication of relevant information,
administrative offenses and penalties, procedures and forms, and other
mechanisms for implementation of the Act.
SEC. 23. Separability Clause. –
If, for any reason, any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall
continue to be in force and effect.
SEC. 24. Repealing Clause. –
All laws, decrees, executive orders, proclamations, rules and
regulations, and other issuances, or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SEC. 25. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
Speaker of the House of
Representatives
President of the Senate
This
Act which is a consolidation of Senate Bill No. 3127 and House Bill No.
5015 was finally passed by the Senate and the House of Representatives
on June 6, 2012 .
Secretary General
House of Representatives
Secretary of the Senate
Approved:
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines