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Anti-Terrorism Act of 2005, Sections 15 and 17 (Bill)

SECTION 15. Applicability of Republic Act No. 9160, as amended by Republic Act No. 9194.- Any act of terrorism and other violations as punished under this Act shall be considered unlawful activities under Republic Act No. 9160, otherwise known as the “Anti-Money Laundering Act of 2001,” as amended by Republic Act No. 9194.

Upon determination that reasonable ground to suspect exists that any monetary instrument or property is in any way related to terrorism and other violation under this Act, the Anti-Money Laundering Council (AMLC) may issue a freeze order, which shall be effective immediately, on the said monetary instrument/s and/or properties for a period not exceeding ninety (90) days unless extended by the Court of Appeals. Notice to the purported owner/s that his/their monetary instruments and/or properties has/have been frozen shall be issued simultaneously with the issuance of the freeze order. The purported owner/s of the monetary instrument/s and/or property shall have three (3) working days upon receipt of the notice to explain why the freeze order should be lifted. The AMLC has three (3) working days to resolve the freeze order case from receipt of the purported owner’s’ explanation.

A freeze order shall stop all movements or transactions of or involving the monetary instrument/s and property. In cases where checks drawn against a bank account, subject of a freeze order were issued within fifteen (15) days prior to the issuance of the freeze order, the freeze order shall likewise result in the automatic cancellation and stop payment thereof. All movements or transactions, irrespective of the amount involved, occurring within the same period shall be reported to the AMLC.

Provided, that deposits or investments with any banking institutions or non-bank financial institutions may be inquired into or examined without prior court order pursuant to Republic Act No. 9160, as amended: Provided, further, that any person of covered institution knowing that any money, instrument, or property or its proceeds, represents, involves, or relates to terrorism or the furtherance thereof and fails to report the same as suspicious transactions to the AMLC shall be criminally liable pursuant to Section 14 of this Act.


SECTION 17. Seizure of Vehicle, Vessel, Aircraft, Equipment, or Other Property or Instrument.- Any vehicle, vessel, aircraft, .equipment or other property or instrument used in furtherance of, or Incident to, or in connection with, any act of terrorism as defined in this Act shall be presumed prima facie evidence to have been unlawfully used        in furtherance of or incident to or in connection with any act of terrorism as provided in this Act, and shall carry with it the confiscation and forfeiture of thereof, in favor of the government, including but not limited to all the proceeds of the crime, such as money and other assets obtained thereby and the instruments or tools with which it was committed unless they are property of third person not liable for the offense and who does not knowingly authorize, tolerate or consent the use of the same.

link to the complete text of the Anti-Terrorism Act: Philippines-Anti-Terrorism Act-2005-eng

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