The Court of Appeals Rule of Procedure in Cases of Bank Inquiry into or Examination of Deposit and Investment Accounts Relating to an Unlawful Activity or a Money Laundering Offense under RA No. 9160, as Amended

March 23, 2021 A.M. No. 21-03-05-CA THE COURT OF APPEALSRULE OF PROCEDURE IN CASESOF BANK INQUIRY INTO OR EXAMINATIONOF DEPOSIT AND INVESTMENT ACCOUNTSRELATING TO AN UNLAWFUL ACTIVITY OR A MONEYLAUNDERING OFFENSE UNDER REPUBLIC ACT NO.9160, AS AMENDED RESOLUTION WHEREAS , pursuant to the Decision of the Supreme Court in Subido Pagente Certeza Mendoza and Binay Law Offices vs. The Court of Appeals , G.R. No. 216914, promulgated on 6 December 2016, the Court of Appeals (CA) was directed to draft rules based on the discussions in the said decision, to complement the existing A.M. No. 05-11-04-SC Rule of Procedure in Cases of Civil Forfeiture, Asset Preservation, and Freezing of Monetary Instrument, Property, or Proceeds Representing, Involving, or Relating to an Unlawful Activity or Money Laundering Offense under Republic Act No. 9160, as amended, for submission to the Committee on the Revision of the Rules of Court and eventual approval and promulgation of the Court En Banc ; WHEREAS , on 4 April 2017, the Court of Appeals created a Technical Working Group (TWG) that shall regularly meet to formulate, study and discuss the proposed inquiry n rules of procedure and thereafter submit the same for the Court's consideration and approval; WHEREAS , on 29 October 2020, Court of Appeals Clerk of Court Anita Jamerlan-Rey endorsed to the Office of the Clerk of Court, Supreme Court En Banc , the Court of Appeals Rule of Procedure in Cases of Bank Inquiry into or Examination of Deposit and Investment Accounts Relating to an Unlawful Activity or a Money Laundering Offense under Republic Act No. 9160, (as Amended), for approval of the Supreme Court En Banc ; WHEREAS , on 5 December 2020, the Court resolved to refer the proposed rule to the committee that will be created to review and study the Court of Appeals Rule of Procedure in Cases of Bank Inquiry into or Examination of Deposit and Investment Accounts Relating to an Unlawful Activity or a Money Laundering Offense under Republic Act No. 9160, (as Amended); WHEREAS , pursuant to Memorandum Order No. 06-2021 dated 27 January 2021, the Special Committee on the Proposed Court of Appeals Rule of Procedure Relating to an Unlawful Activity or Money Laundering Offense under Republic Act No. 9160, as Amended, was created and constituted as follows: Chairperson: Hon. Diosdado M. Peralta Chief Justice Vice Chairperson: Hon. Alexander G. Gesmundo Associate Justice, Supreme Court Members: Hon. Ramon Paul L. Hernando Associate Justice, Supreme Court Hon. Rodil V. Zalameda Associate Justice, Supreme Court Hon. Jose Midas P. Marquez Court Administrator Hon. Remedios A. Salazar-Fernando Presiding Justice, Court of Appeals Hon. Fernanda Lampas-Peralta Associate Justice, Court of Appeals Hon. Japar B. Dimaampao Associate Justice, Court of Appeals Atty. Mel Georgie B. Racela Executive Director, Anti-Money Laundering Council Secretariat Atty. Matthew M. David Director for Investigation and Enforcement Department, AMLC Secretariat Atty. Romeo Raymond D. Santos Deputy Director of Litigation and Evaluation Group, AMLC Secretariat Atty. Jesse Neil C. Eustaquio Legal Officer, Litigation and Evaluation Group, AMLC Secretariat Secretariat: Atty. Jed Sherwin G. Uy Office of the Chief Justice Atty. Camille Sue Mae L. Ting Office of the Court Administrator Atty. Venus B. Maglaya-Taloma Division Clerk of Court, Court of Appeals Atty. John Gilbert F. Macabales Court Attorney, Court of Appeals Atty. Reynaldo D. Vigonte Court Attorney, Court of Appeals Janice A. Pisuena Stenographer WHEREAS , on 4 February 2021, the Special Committee was convened to review and amend the Court of Appeals Rule of Procedure in Cases of Bank Inquiry into or Examination of Deposit and Investment Accounts Relating to an Unlawful Activity or a Money Laundering Offense under Republic Act No. 9160, (as Amended), in light of recent amendments to the said law; WHEREAS , on 9 March 2021, the Court of Appeals submitted the final draft of the Court of Appeals Rule of Procedure on Bank Inquiry Cases, which faithfully incorporates the suggestions of the Special Committee and the Anti-Money Laundering Council Secretariat's representatives; NOW, THEREFORE , the Court Resolved to APPROVE the " Court of Appeals Rule of Procedure in Cases of Bank Inquiry into or Examination of Deposit and Investment Accounts Relating to an Unlawful Activity or a Money Laundering Offense under Republic Act No. 9160, (as Amended) ," which is hereto attached as an integral part of this resolution. This Rule shall take effect on 31 May 2021 following its publication in two (2) newspapers of general circulation. (SGD.) DIOSDADO M. PERALTA Chief Justice (SGD.) ESTELA M. PERLAS-BERNABE Senior Associate Justice (SGD.) MARVIC M.V.F. LEONEN Associate Justice (SGD.) ALFREDO BENJAMIN S. CAGUIOA Associate Justice (SGD.) ALEXANDER G. GESMUNDO Associate Justice (SGD.) RAMON PAUL L. HERNANDO Associate Justice (SGD.) ROSMARI D. CARANDANG Associate Justice (SGD.) AMY C. LAZARO-JAVIER Associate Justice (SGD.) HENRI JEAN PAUL B. INTING Associate Justice (SGD.) RODIL V. ZALAMEDA Associate Justice (SGD.) MARIO V. LOPEZ Associate Justice (SGD.) EDGARDO L. DELOS SANTOS Associate Justice (SGD.) SAMUEL H. GAERLAN Associate Justice (SGD.) RICARDO R. ROSARIO Associate Justice (SGD.) JHOSEP Y. LOPEZ Associate Justice ATTACHMENT R ule of Procedure in Cases of Bank Inquiry into or Examination of Deposit and Investment Accounts Relating to an Unlawful Activity or a Money Laundering Offense under Republic Act No. 9160, as Amende d May 31, 2021 Published in the Manila Bulletin and Philippine Daily Inquirer on May 15, 2021. n Note from the Publisher: Copied verbatim from the official document.