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 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

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. PeraltaChief Justice
Vice Chairperson:	Hon. Alexander G. GesmundoAssociate Justice, Supreme Court
Members:	Hon. Ramon Paul L. HernandoAssociate Justice, Supreme Court   Hon. Rodil V. ZalamedaAssociate Justice, Supreme Court   Hon. Jose Midas P. MarquezCourt Administrator   Hon. Remedios A. Salazar-FernandoPresiding Justice, Court of Appeals   Hon. Fernanda Lampas-PeraltaAssociate Justice, Court of Appeals   Hon. Japar B. DimaampaoAssociate Justice, Court of Appeals   Atty. Mel Georgie B. RacelaExecutive Director, Anti-Money Laundering Council Secretariat   Atty. Matthew M. DavidDirector for Investigation and Enforcement Department, AMLC Secretariat   Atty. Romeo Raymond D. SantosDeputy Director of Litigation and Evaluation Group, AMLC Secretariat   Atty. Jesse Neil C. EustaquioLegal Officer, Litigation and Evaluation Group, AMLC Secretariat
Secretariat:	Atty. Jed Sherwin G. UyOffice of the Chief Justice   Atty. Camille Sue Mae L. TingOffice of the Court Administrator   Atty. Venus B. Maglaya-TalomaDivision Clerk of Court, Court of Appeals   Atty. John Gilbert F. MacabalesCourt Attorney, Court of Appeals   Atty. Reynaldo D. VigonteCourt Attorney, Court of Appeals   Janice A. PisuenaStenographer

 

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. PERALTAChief Justice

(SGD.) ESTELA M. PERLAS-BERNABESenior Associate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice

(SGD.) ALEXANDER G. GESMUNDOAssociate Justice

(SGD.) RAMON PAUL L. HERNANDOAssociate Justice

(SGD.) ROSMARI D. CARANDANGAssociate Justice

(SGD.) AMY C. LAZARO-JAVIERAssociate Justice

(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice

(SGD.) RODIL V. ZALAMEDAAssociate Justice

(SGD.) MARIO V. LOPEZAssociate Justice

(SGD.) EDGARDO L. DELOS SANTOSAssociate Justice

(SGD.) SAMUEL H. GAERLANAssociate Justice

(SGD.) RICARDO R. ROSARIOAssociate Justice

(SGD.) JHOSEP Y. LOPEZAssociate Justice

ATTACHMENT

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

Published in the Manila Bulletin and Philippine Daily Inquirer on May 15, 2021.

 

n Note from the Publisher: Copied verbatim from the official document.