MORNBFI Vol. 1 - Planters Development Bank

APP. Q-2508.12.31and/or search any or all such personsnamed therein and/or remove anydocument, material or object named in saidrequest: Provided, That the documentsaccompanying the request in support of theapplication have been duly authenticatedin accordance with the applicable law orregulation of the foreign state; and (4)applying for an order of forfeiture of anymonetary instrument or property in theproper court in the foreign state: Provided,That the request is accompanied by anauthenticated copy of the order of theRegional Trial Court ordering the forfeitureof said monetary instrument or propertyof a convicted offender and an affidavit ofthe clerk of court stating that the convictionand the order of forfeiture are final and thatno further appeal lies in respect of either.Rule 13.4. Limitations on Requests forMutual Assistance. - The AMLC may refuseto comply with any request for assistancewhere the action sought by the requestcontravenes any provision of the Constitutionor the execution of a request is likely toprejudice the national interest of thePhilippines, unless there is a treaty betweenthe Philippines and the requesting staterelating to the provision of assistance inrelation to money laundering offenses.Rule 13.5. Requirements for Requests forMutual Assistance from Foreign States. -A request for mutual assistance from aforeign state must (1) confirm that aninvestigation or prosecution is beingconducted in respect of a moneylaunderer named therein or that he hasbeen convicted of any money launderingoffense; (2) state the grounds on whichany person is being investigated orprosecuted for money laundering or thedetails of his conviction; (3) givesufficient particulars as to the identity ofsaid person; (4) give particulars sufficientto identify any covered institutionbelieved to have any information,document, material or object which maybe of assistance to the investigation orprosecution; (5) ask from the coveredinstitution concerned any information,document, material or object which maybe of assistance to the investigation orprosecution; (6) specify the manner inwhich and to whom said information,document, material or object obtainedpursuant to said request, is to beproduced; (7) give all the particularsnecessary for the issuance by the court inthe requested state of the writs, orders orprocesses needed by the requesting state;and (8) contain such other information asmay assist in the execution of the request.Rule 13.6. Authentication of Documents- For purposes of Section 13 (f) of the AMLAand Section 7 of the AMLA, a document isauthenticated if the same is signed orcertified by a judge, magistrate or equivalentofficer in or of, the requesting state, andauthenticated by the oath or affirmation ofa witness or sealed with an official or publicseal of a minister, secretary of state, orofficer in or of, the government of therequesting state, or of the personadministering the government or adepartment of the requesting territory,protectorate or colony. The certificate ofauthentication may also be made by asecretary of the embassy or legation,consul general, consul, vice consul,consular agent or any officer in the foreignservice of the Philippines stationed in theforeign state in which the record is kept,and authenticated by the seal of his office.Rule 13.7. Suppletory Application of theRevised Rules of Court. –Rule 13.7.1. For attachment of Philippineproperties in the name of personsconvicted of any unlawful activity asdefined in Section 3 (i) of the AMLA,Manual of Regulations for Non-Bank Financial InstitutionsQ RegulationsAppendix Q-25 - Page 21