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QUERY: I am an Indian businessman married to a
Filipino of Malaysian parentage. In view of the nature of my
business—dealing with construction materials—I often go in and
out of the country, thereby giving rise to varied suspicions among
my acquaintances. Some say that I am engaged in “money
laundering” which makes me depressed, since I have always been
straight in my transactions. As a foreigner, I am in the dark what
the meaning of the phrase money laundering is.
Fortunately, I have come across
your column (through the website) in the Manila Times extending
legal assistance/guidance to people in distress, like myself. Can
you please give me guidance to solve my present problem? My whole
family, including my children, is greatly disturbed by the
accusation, fearing that I might be deported. It has greatly
besmirched our reputation in our community.
Response
If you have been honest in your
transactions, you have nothing to worry. Money laundering is a crime
penalized under “Republic Act No. 9160,” otherwise known as the
“Anti-Money Laundering Act of 2001.” It is a crime whereby the
proceeds of an unlawful activity are made to appear to have
originated from legitimate sources. It is committed by the
following:
(a) Any person knowing that a
monetary instrument or property represents, involves or relates to
the proceeds of any unlawful activity, transacts or attempts to
transact business using said monetary instrument or property.
(b) Any person knowing that a
monetary instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act as a result
of which he facilitates the offense of money laundering.
(c) Any person knowing that he is
required under the law to disclose and file with the Anti-Money
Laundering Council information about a monetary instrument or
property who fails to do so. (Section 4 of RA No. 9160, as amended
by RA No. 9194).
The unlawful activity referred to
under the law refers to any act or omission or series of combination
thereof involving or having direct relation to the following:
—Kidnapping or ransom under the
Revised Penal Code;
—Republic Act No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002;
—Republic Act No. 3019, as
amended, otherwise known as the Anti-Graft and corrupt practices
Act;
—Plunder under Republic Act
No.7080, as amended;
—Robbery and extortion under
the Revised Penal Code;
—Jueteng and Masiao punished as
illegal gambling under Presidential Decree No. 1602;
—Piracy on the high seas under
the Revised Penal Code, as amended, and Presidential Decree No. 532;
—Qualified theft under the
Revised Penal Code;
—Swindling under the Revised
Penal Code;
— Smuggling under Republic Act
Nos. 455 and 1937;
— Violations under Republic Act
No. 8792, otherwise known as the Electronic Commerce Act of 2000;
—Hijacking and other violations
under Republic Act No. 6235; destructive arson and murder, as
defined under the Revised penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons, and similar
targets;
—Fraudulent practices and other
violations under Republic Act No. 8799, otherwise known as the
Securities Regulations Code of 2000; and
— Felonies or offenses of a
similar nature that are punishable under the penal laws of other
countries.
Honesty is best policy
As earlier stated, if you have
not transgressed any of the laws committed any of the acts
aforementioned, you have nothing to worry. As the saying goes,
honesty is the best policy.
Anyway, any violation of the
Anti-Money Laundering Law falls within the jurisdiction of the
Regional Trial Court where you will have the chance to present all
your evidence to prove your innocence.
False information
RA 9160 also provides that “any
person who, with malice or in bad faith, reports or files a
completely unwarranted or false information relative to money
laundering transaction against any person shall be subject to a
penalty of six months to four years’ imprisonment and a fine of
not less than one hundred thousand Philippine pesos but not more
than five hundred thousand Philippine pesos at the discretion of the
court: Provided that the offender is not entitled to avail the
benefits of the Probation Law.” (Sec. 14 [c]). This is a cue for
you for future action against your false accusers.
You may initiate actions for
damages against the persons responsible. The law awards damages or
pecuniary compensation, recompense, or satisfaction for an injury
done or a wrong sustained as a consequence of tortuous acts.
Above all things, let us hearken
to what our Lord and Master Jesus Christ said: “I am the light of
the world. Whoever follows me will have the light of life and will
never walk in darkness.” (John, 8:12)
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