SPL Module 4 Flashcards

Question

> sec 3e what is gross negligence

Answer 1

negligence characterized by **want of even slight care**

Answer 2

No, not punishable by virtue that it is mala prohibita

Answer 3

is a crime whereby **proceeds of an unlawful activity** whether in [*cpa*] cash, property, or other assets are [*ccd*] converted, concealed, disguised to make them appear to have originated from legitimate sources.

Answer 4

Natural Persons Juridical Persons a. SoRb the **Bangko Sentral ng PIlipinas (BSP) b. SoRb the **Insurance Commission** c. SoRb the **Security & Exchange Commission (SEC) d. **Casinos** including *internet and ship-based casinos*, with respect to their casino cash transaction related to gaming operations

Answer 5

RA 10365 3(a) - LAWYERS & ACCOUNTANTS acting as **independent legal professionals** *provided* they are authorized to practice in the Philippines [**and**] shall continue to be subject to the provisions of their respective codes of conduct

Answer 6

are transactions *in cash* or its equivalent in a monetary instrument involving a total amount **IN EXCESS OF 500K** Philippine pesos **within one BANKING day**

Answer 7

a. **single casino transaction** involving an amount **IN EXCESS** of 5mil or its equivalent b. **IN EXCESS** of 1mil c. **iN EXCESS** of 500k

Answer 8

transactions **w/ covered institution**, REGARDLESS of amount involved, where any of the enumerated suspicious circumstances exist a. non underlying legal or trade obligation, purpose. or economic justification b. client is NOT properly identified c. amount involved is not commensurate to the financial capacity of the client d. clients transaction is structure to avoid subject of reporting requirements - * just under the reporting threshold* e. any circumstances which is observed **to deviate from the profile of the client** and/or his past transactions f. transaction is related to an unlawful activity or offense g. any transaction similar or analogous to the foregoing

Answer 9

Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended; Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act; Plunder under Republic Act No. 7080, as amended; Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended; Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602; Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532; Qualified theft under Article 310 of the Revised Penal Code, as amended; Swindling under Article 315 and Other Forms of Swindling under Article 316 of the Revised Penal Code, as amended; Smuggling under Republic Act Nos. 455 and 1937; Violations of Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000; Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended; Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3 and 4 of Republic Act No. 9372; Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of Republic Act No. 10168, otherwise known as the Terrorism Financing Prevention and Suppression Act of 2012; Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and Corruption of Public Officers under Article 212 of the Revised Penal Code, as amended; Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215 and 216 of the Revised Penal Code, as amended; Malversation of Public Funds and Property under Articles 217 and 222 of the Revised Penal Code, as amended; Forgeries and Counterfeiting under Articles 163, 166, l67, 168, 169 and 176 of the Revised Penal Code, as amended; Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons Act of 2003; Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 705, otherwise known as the Revised Forestry Code of the Philippines, as amended; Violations of Sections 86 to 106 of Chapter VI, of Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998; Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as the Philippine Mining Act of 1995; Violations of Section 27(c), (e), (f), (g) and (i), of Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act; Violation of Section 7(b) of Republic Act No. 9072, otherwise known as the National Caves and Cave Resources Management Protection Act; Violation of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act of 2002, as amended; Violations of Sections 1, 3 and 5 of Presidential Decree No. 1866, as amended, otherwise known as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives; Violation of Presidential Decree No. 1612, otherwise known as the Anti-Fencing Law; Violation of Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022; Violation of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines; Violation of Section 4 of Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009; Violation of Section 4 of Republic Act No. 9775, otherwise known as the Anti-Child Pornography Act of 2009; Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination; Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000; and Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.

Answer 10

SECTION 4 ML is committed by any person who, **KNOWING** that any *monetary instrument or property* (MIP) [*rir*] represents, involves, relates to the PROCEEDS of any unlawful activity: (defined in sec 3i): a. **TRANSACTS** said MIP b. [*ctdmapu*] converts, transfers, dispose of, move, acquires, possess, or uses MIP c. **CONCEALS** or **DISGUISES** the true nature, source, location, disposition, movement, or ownership of or rights with respect to the said MIP d.**ATTEMPTS TO CONSPIRE TO COMMIT** ML referred in par. (a,b,c) e. **AIDS, ABETS, ASSISTS IN or COUNSELS** the commission of the ML in par. (abc) f. **PERFORMS** or **FAILS TO PERFORM** any act **which RESULT** to the facilitation of the offense in par. (abc) - ML is also committed by any **COVERED PERSON**

Answer 11

Insofar as Pedro is concerned, he is liable under RA 9160, sec 4c for violating AMLA for concealing and disguising the proceeds of the unlawful activity he has committed Insofar as BSP is concerned, it is liable for violating *the last paragraph* of sec 4 of AMLA for **Knowing** that a *covered [or] suspicious* transaction is required to be reported, failed to report to the AMLA council.

Answer 12

Provided in **Sec. 11 of the BDSL on Authority to Inquire into Bank Deposits**, the **AMLC** may INQUIRE into or EXAMINE **any** particular deposit or investment with **any** banking institution [or] non-bank financial institution 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 involved are in any way related to a money laundering offense. Provided, that this provision SHALL NOT apply to deposits and investments made prior to the effectivity of this Act. [EXC] but reporting **Covered transactions** to the AMLC **covered institutions & their officers** etc. SHALL NOT BE DEEMED TO HAVE VIOLATED (sec. 11 of BDSL) but are PROHIBITED from communicating in/directly to any person the fact a **covered transaction report** was made. if violated, then are **criminally liable**

Answer 13

RA 7080 (amn. 7659)

Answer 14

any **PO who**, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associate, subordinates, or other persons, **amasses**, accumulates, or acquires **ill-gotten wealth** through a combination of series of OVERT criminal acts as described in sec 1(d) hereof **in the aggregate amount or total value of AT LEAST 50mil** shall be guilty of the crime of plunder

Answer 15

SECTION 1(d) 1. thru [*mcmmr*] **misappropriation, conversion, misuse, malversation of public funds, or raids** on the public treasury 2. by in/directly **RECEIVING** any [*cgspkp*] commission, gift, share, percentage, kickback, or pecuniary benefit from any person and/or entity **IN CONNECTION W/** - any gov't contract - gov't project - by **reason of office/position** of the PO 3. by **illegal or fraudulent conveyance or disposition** of ASSETS belonging to the **National Gov't** [or] any of its subdivisions, agencies, or instrumentalities or GOCC & their subsidiaries. 4. by [*ora*] **obtaining, receiving, or accepting** in/directly any [*seip*] **shares of stock, equity, interest, [or] participation** including the promise of future employment in any business enterprise or undertaking 5. by **ESTABLISHING** [*cia*] commercial, industrial, agricultural **MONOPOLIES** [or] other combinations and/or **IMPLEMENTATION of DECREES & ORDERS** [INTENDED] to benefit particular persons or special interests 6. **TAKING UNDUE ADVANTAGE** of [*oarci*] official position, authority, relationship, connection or influence **TO UNJUSTLY ENRICH HIMSELF** or themselves *at the expense & to the damage & prejudice to the FILIPINO PEOPLE & Repub of the Phil*

Answer 16

it SHALL NOT be necessary to prove *each & every criminal act done by the accused* in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, **it being sufficient to establish** beyond reasonable doubt a **PATTERN OF OVERT or CRIMINAL ACTS indicative of the overall unlawful scheme or conspiracy**

Answer 17

a person may be held accountable by: - **CONNIVING with the PRINCIPAL Co-accused** [**or**] - **PARTICIPATING** in the commission of "an offense" **CONTRIBUTING** to the crime of plunder

Answer 18

**AGREEMENT/CONSENT** to commit an unlawful act, or deed with To connive being to **cooperate secretly or privily** with another

Answer 19

PLUNDER IS MALA IN SE Mala in se requires **criminal intent** and the **CONSTITUTIVE CRIMES** of Plunder are mala in se. thus, the element of *mens rea* must be proven in the prosesution for plunder *note* mens rea - criminal intent

Answer 20

He must "willfully, unlawfully, **AND** criminally" amassed ill-gotten wealth: or He must "willfully, unlawfully, **OR** criminally" joined with the rest of the accused to amass ill-gotten wealth *gpt* and - direct involvement (sec 1d) or - indirect involvement

Answer 21

[A] **AT LEAST (2) TWO ACTS falling under *different categories of enumeration in Sec 1(d)* - Sec 1 (d1), (d2), (d3) [B] **(2) or more** overt/criminal acts of the same category - Sec 1 (d1 - act 1, 2, 3) [C] sec 4 in relation of sec 1(d) & sec 2 of Plunder Law

Answer 22

[A] Crime of plunder shall prescribe in 20 years [B} No, nor shall it be barred by prescription, laches, or estoppel

SPL Module 4 Flashcards

(48 cards)