MORNBFI Vol. 1 - Planters Development Bank

APP. Q-2508.12.31executory. This provision shall apply inboth civil and criminal forfeiture.Rule 12.4. Payment in Lieu of Forfeiture.- Where the court has issued an order offorfeiture of the monetary instrument orproperty subject of a money launderingoffense under Section 4 of the AMLA, andsaid order cannot be enforced because anyparticular monetary instrument or propertycannot, with due diligence, be located, orit has been substantially altered, destroyed,diminished in value or otherwise renderedworthless by any act or omission, directlyor indirectly, attributable to the offender,or it has been concealed, removed,converted or otherwise transferred toprevent the same from being found or toavoid forfeiture thereof, or it is locatedoutside the Philippines or has been placedor brought outside the jurisdiction of thecourt, or it has been commingled with othermonetary instruments or property belongingto either the offender himself or a thirdperson or entity, thereby rendering the samedifficult to identify or be segregated forpurposes of forfeiture, the court may, insteadof enforcing the order of forfeiture of themonetary instrument or property or partthereof or interest therein, accordingly orderthe convicted offender to pay an amountequal to the value of said monetaryinstrument or property. This provision shallapply in both civil and criminal forfeiture.RULE 13MUTUAL ASSISTANCE AMONGSTATESRule 13.1. Request for Assistance from aForeign State. - Where a foreign state makesa request for assistance in the investigationor prosecution of a money launderingoffense, the AMLC may execute therequest or refuse to execute the same andinform the foreign state of any valid reasonfor not executing the request or fordelaying the execution thereof. Theprinciples of mutuality and reciprocityshall, for this purpose, be at all timesrecognized.Rule 13.2. Powers of the AMLC to Act ona Request for Assistance from a ForeignState. - The AMLC may execute a requestfor assistance from a foreign state by:(1) tracking down, freezing, restraining andseizing assets alleged to be proceeds ofany unlawful activity under the procedureslaid down in the AMLA and in these Rules;(2) giving information needed by theforeign state within the procedures laiddown in the AMLA and in these Rules; and(3) applying for an order of forfeiture of anymonetary instrument or property in thecourt: Provided, That the court shall notissue such an order unless the applicationis accompanied by an authenticated copyof the order of a court in the requesting stateordering the forfeiture of said monetaryinstrument or property of a person who hasbeen convicted of a money launderingoffense in the requesting state, and acertification or an affidavit of a competentofficer of the requesting state stating thatthe conviction and the order of forfeitureare final and that no further appeal lies inrespect of either.Rule 13.3. Obtaining Assistance fromForeign States. - The AMLC may make arequest to any foreign state for assistancein (1) tracking down, freezing, restrainingand seizing assets alleged to be proceedsof any unlawful activity; (2) obtaininginformation that it needs relating to anycovered transaction, money launderingoffense or any other matter directly orindirectly related thereto; (3) to the extentallowed by the law of the foreign state,applying with the proper court therein foran order to enter any premises belongingto or in the possession or control of, any orall of the persons named in said request,Q RegulationsAppendix Q-25 - Page 20Manual of Regulations for Non-Bank Financial Institutions