MORNBFI Vol. 1 - Planters Development Bank

APP. Q-2508.12.31R.A. No. 9194 and rules, regulations, ordersand resolutions issued pursuant thereto. Thefines shall be in amounts as may bedetermined by the council, taking intoconsideration all the attendant circumstances,such as the nature and gravity of the violationor irregularity, but in no case shall such finesbe less than Php100,000.00 but not to exceedPhp500,000.00. The imposition of theadministrative sanctions shall be withoutprejudice to the filing of criminal chargesagainst the persons responsible for theviolations.Rule 14.2. Penalties for Failure to KeepRecords - The penalty of imprisonmentfrom six (6) months to one (1) year or a fineof not less than Php100,000.00 but notmore than Php500,000.00, or both, shallbe imposed on a person convicted underSection 9 (b) of the AMLA.Rule 14.3. Penalties for MaliciousReporting. - Any person who, with malice,or in bad faith, reports or files a completelyunwarranted or false information relativeto money laundering transaction againstany person shall be subject to a penalty ofsix (6) months to four (4) yearsimprisonment and a fine of not less thanPhp100,000.00 but not more thanPhp500,000.00, at the discretion of thecourt: Provided, That the offender is notentitled to avail the benefits of the ProbationLaw.Rule 14.4. Where Offender is a JuridicalPerson. - If the offender is a corporation,association, partnership or any juridicalperson, the penalty shall be imposed uponthe responsible officers, as the case maybe, who participated in, or allowed by theirgross negligence the commission of thecrime. If the offender is a juridical person,the court may suspend or revoke its license.If the offender is an alien, he shall, in additionto the penalties herein prescribed, bedeported without further proceedings afterserving the penalties herein prescribed. If theoffender is a public official or employee, heshall, in addition to the penalties prescribedherein, suffer perpetual or temporaryabsolute disqualification from office, as thecase may be.Rule 14.5. Refusal by a Public Official orEmployee to Testify. - Any public officialor employee who is called upon to testifyand refuses to do the same or purposely failsto testify shall suffer the same penaltiesprescribed herein.Rule 14.6. Penalties for Breach ofConfidentiality. – The punishment ofimprisonment ranging from three (3) toeight (8) years and a fine of not less thanPhp500,000.00 but not more than Php1.0Million, shall be imposed on a personconvicted for a violation under Section 9(c).In case of a breach of confidentiality that ispublished or reported by media, theresponsible reporter, writer, president,publisher, manager and editor-in-chief shallbe liable under this act.RULE 15PROHIBITIONS AGAINST POLITICALHARASSMENTRule 15.1. Prohibition against PoliticalPersecution. - The AMLA and these Rulesshall not be used for political persecution orharassment or as an instrument to hampercompetition in trade and commerce. No casefor money laundering may be filed to theprejudice of a candidate for an electoral officeduring an election period.Rule 15.2. Provisional RemediesApplication; Exception. –Rule 15.2.a. - The AMLC may apply, inthe course of the criminal proceedings,for provisional remedies to prevent theManual of Regulations for Non-Bank Financial InstitutionsQ RegulationsAppendix Q-25 - Page 23