Anti-Money Laundering Council(AMLCS)

June 29, 2022 Dear Ms. Javier, Greetings! Thank you for your request dated Jun 08, 2022 11:56:22 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. We note that the information you provided pertains to a possible violation of Republic Act No. 3815, otherwise known as the Revised Penal Code. And the request is for the freezing of the specified bank account. Section 7(6) of Republic Act (RA) No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended (AMLA), and Section 11 of RA No. 10168, also known as the Terrorism Financing Prevention and Suppression Act of 2012 (TFPSA), authorizes the AMLC 1) to apply before the Court of Appeals, ex parte, for the freezing of any monetary instrument or property alleged to be laundered, proceeds from, or instrumentalities used in or intended for use in any unlawful activity as defined in Section 3(i); and (2) to issue an ex parte order to freeze without delay property or funds that are in any way related to financing of terrorism or acts of terrorism or to property or funds of any person, group of persons, terrorist organization, or association, in relation to whom there is probable cause to believe that they are committing or attempting or conspiring to commit, or participating in or facilitating the commission of financing of terrorism or acts of terrorism. A common requirement for both is the existence of probable cause. Probable cause refers to "such facts and circumstances which would lead a reasonably discreet and prudent man to believe that: (1) any monetary instrument or property sought to be frozen ... is in any way related to any unlawful activity and/or money laundering offense; ..." In the present case, the AMLC does not have the authority to issue a freeze order as the offense does not relate to terrorism financing. Neither can the AMLC file a petition for issuance of the freeze order, for although a predicate crime (estafa) has been alleged, probable cause has not yet been established. Existing jurisprudence states that mere allegation is not evidence, and is not equivalent to proof. Foregoing considered, the AMLC cannot grant your request for freezing the subject bank account. However, it is recommended that you file a complaint before the Philippine National Police (PNP), and/or the National Bureau of Investigation (NBI) as the matter concerns a possible commission of estafa/swindling, committed through cybercrime, which is under their jurisdiction. We hope we have been of assistance. Respectfully, FOI Decision Maker