Transcript Republic of the Philippines Office of the Ombudsman

Notable Legislations and Techniques for the
Investigation and Prosecution of Corruption and
Money Laundering Cases:
From the Perspective of the Philippines’
Office of the Ombudsman
A presentation for the APEC Workshop, re: Designing Best Models on
Prosecuting Corruption and Money Laundering Cases Using Financial
Flow Tracking Techniques and Investigative Intelligence for Effective
Conviction and Asset Recovery to Promote Regional Economic
Integration
Santiago, Chile
June 11-13, 2013
Office of the Ombudsman
Section 5, Article XI, 1987 Philippine Constitution
Creating an independent Office of the Ombudsman
Section 12, Article XI, 1987 Philippine Constitution
To act promptly on all complaints filed in any form or manner against
public officials and employees
Republic Act 6770
The Ombudsman Act of 1989
Rationale for the Mandate of the
Office of the Ombudsman
Section 1, Article XI of the 1987 Philippine
Constitution
“Public Office is a public trust. Public officers and
employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice
and lead modest lives”
Philippine Anti-Corruption/
Anti Money Laundering Laws
Revised Penal
Code (Crimes
Committed by
Public Officers)
Republic Act (RA)
3019 (Anti-Graft
and Corrupt
Practices Act)
• Direct , Indirect and Qualified
Bribery
• Malversation of Public Funds or
Property and Technical Malversation
• Frauds and Illegal Exactions and
Transactions
• Sec 3(e)- Causing undue injury to any
party, including the Government
• Sec 3(g)- Entering into a contract grossly
or manifestly disadvantageous to the
Government
• Sec 7 – Public disclosure and annual
assets, liabilities and networth
Philippine Anti-Corruption/
Anti Money Laundering Laws
RA 6713 (Code of
• Required the annual filing of the Sworn
Conduct and
Statement of Assets, Liabilities and
Ethical Standards
Networth of all public officials and
for Public Officials
employees
and Employees)
RA 7080 (Anti
Plunder Act)
• Amassing ill-gotten wealth in an aggregate
amount of Php50 Million through series of
criminal acts
• Life imprisonment with perpetual
disqualification to hold public office
Philippine Anti-Corruption/
Anti Money Laundering Laws
RA 1379
(Forfeiture of
Unlawfully
Acquired
Property)
Section 2:
Whenever any public officer or employee
has acquired during his incumbency an
amount of property which is manifestly
out of proportion to his salary as such
public officer or employee and to his
lawful income and the income from
legitimately acquired property, said
property shall be presumed prima facie
to have been unlawfully acquired
Philippine Anti-Corruption/
Anti Money Laundering Laws
Republic Act
No. 9160
(Anti-Money
Laundering Act
of 2001)
• Effective 17
October 2001
Republic Act
No. 9194
• Effective 23
March 2003
Revised
Implementing
Rules and
Regulations
• Effective
7 September
2003
Philippine Anti-Corruption/
Anti Money Laundering Laws
R.A. No. 10167
(Act to Further
Strengthen the AMLA,
amending Sections 10
and 11 of R.A. 9160)
• -took effect on July
6, 2012
Revised IRRs
September 15,
2012
RA 10168
(The Terrorism
Financing
Prevention and
Suppression Act
of 2012“)
Approved: 18 June
2012
R.A. No. 10365
(Act to Further
Strengthening the
Anti-Money
Laundering Law,
Amending for the
Purpose R.A. No.
9160)
• Signed into law on
February 15, 2013
Fact-finding Investigation
Sec. 15 (1), RA 6770
Section 15(5), RA 6770
• Investigate and prosecute on
its own or on complaint by any
person, any act or omission or
any public officer or employee,
office or agency, when such act
or omission appears to be
illegal, improper or inefficient
• Request any government
agency for assistance and
information necessary in the
discharge of its
responsibilities, and examine,
if necessary, pertinent records
and documents
Best Practices (LSC cases)
Subpoena
Duces Tecum
and/or
Subpoena Ad
Testificandum
Covert
Operations
Use of
information
Technology
Collaboration
with other
agencies (i.e.
COA, AMLC,
etc.)
Best Practices… cont.
File complaints for
violation of
criminal and
administrative laws
Concurrent filing
of complaint for
forfeiture of illgotten wealth
Legal Challenges
Legislative
Confidentiality of local and foreign currency
deposits (RA 1405 and RA6426)
Jurisprudential
Affirms the confidentiality of bank deposits
including trust accounts except in certain cases
Exemptions on Confidentiality of
Bank Deposits
On Local Currency Deposits
Upon written permission of the depositor;
In cases of impeachment;
Upon order of a competent court in
cases of bribery or dereliction of duty
of public officials;
Exemptions on Confidentiality of
Bank Deposits
On Local Currency Deposits... cont.
In cases where the money deposited or invested
is the subject matter of the litigation; or
Upon order of any competent court in cases of
violation of the AMLA, it having been established
that there is probable cause that the deposits or
investments are related to unlawful activities as
defined in the law, or a money laundering offense
Exemptions on Confidentiality of
Bank Deposits
On Foreign Currency Deposit
upon the written permission of the
depositor
Statistics of Corruption and Money
Laundering Cases Handled (as of May 2013)
Violation of RA 1379
Complaint: 369 Filed in Court: 39
Violation of RA 7080 (Plunder)
Complaint: 77 Filed in Court: 17
Violation of AMLA, as amended
Complaint: 6 Filed in Court: 3
Source: Central Records Div. Office of the Ombudsman
Epilogue
With the rapid advance in technology, easier
and faster international and local travel,
corruption and money laundering cases are
difficult to investigate and prosecute.
However, authorities in the Philippines are
continuously innovating and adopting best
approaches to curb these kinds of menaces
in the society.
Thank You!
Atty. Ronald Allan D. Ramos
Atty. John Zernan T. Sambajon
Field Investigation Office (FIO)
Office of the Ombudsman
Republic of the Philippines