MORNBFI Vol. 1 - Planters Development Bank

APP. Q-2508.12.31laundering and the unlawful activity asdefined under Rule 3 (i) of the AMLA.(b) Any proceeding relating to theunlawful activity shall be given precedenceover the prosecution of any offense orviolation under the AMLA without prejudiceto the application Ex-Parte by the AMLCto the Court of Appeals for a Freeze Orderwith respect to the monetary instrumentor property involved therein and resort to otherremedies provided under the AMLA, the rulesof court and other pertinent laws and rules.Rule 6.2. When the AMLC finds, afterinvestigation, that there is probable causeto charge any person with a moneylaundering offense under Section 4 of theAMLA, it shall cause a complaint to befiled, pursuant to Section 7 (4) of the AMLA,before the Department of Justice or theOmbudsman, which shall then conductthe preliminary investigation of the case.Rule 6.3. After due notice and hearing inthe preliminary investigation proceedingsbefore the Department of Justice, or theOmbudsman, as the case may be, and thelatter should find probable cause of amoney laundering offense, it shall file thenecessary information before the RegionalTrial Courts or the Sandiganbayan.Rule 6.4. Trial for the money launderingoffense shall proceed in accordance withthe Code of Criminal Procedure or theRules of Procedure of the Sandiganbayan,as the case may be.Rule 6.5. Knowledge of the offender thatany monetary instrument or propertyrepresents, involves, or relates to theproceeds of an unlawful activity or that anymonetary instrument or property is requiredunder the AMLA to be disclosed and filedwith the AMLC, may be established by directevidence or inferred from the attendantcircumstances.Rule 6.6. All the elements of every moneylaundering offense under Section 4 of theAMLA must be proved by evidencebeyond reasonable doubt, including theelement of knowledge that the monetaryinstrument or property represents, involvesor relates to the proceeds of any unlawfulactivity.Rule 6.7. No element of the unlawfulactivity, however, including the identity ofthe perpetrators and the details of the actualcommission of the unlawful activity needbe established by proof beyond reasonabledoubt. The elements of the offense ofmoney laundering are separate and distinctfrom the elements of the felony or offenseconstituting the unlawful activity.RULE 7CREATION OF ANTI-MONEYLAUNDERING COUNCIL (AMLC)Rule 7.1.a. Composition. - The Anti-MoneyLaundering Council is hereby created andshall be composed of the Governor of theBSP as Chairman, the Commissioner of theInsurance Commission and the Chairmanof the SEC as members.Rule 7.1.b. Unanimous Decision. - TheAMLC shall act unanimously in dischargingits functions as defined in the AMLA andin these Rules. However, in the case ofthe incapacity, absence or disability of anymember to discharge his functions, theofficer duly designated or authorized todischarge the functions of the Governor ofthe BSP, the Chairman of the SEC or theInsurance Commissioner, as the case maybe, shall act in his stead in the AMLC.Rule 7.2. Functions. - The functions of theAMLC are defined hereunder:(1) to require and receive covered orsuspicious transaction reports from coveredinstitutions;Manual of Regulations for Non-Bank Financial InstitutionsQ RegulationsAppendix Q-25 - Page 11