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
Section 1, Article XI of the 1987 Philippine
Ombudsman
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
Revised Penal
Laws
Direct , Indirect and Qualified
Bribery
Code (Crimes
Committed by
Public Officers)

Republic Act
(RA) 3019
(Anti-Graft and
Corrupt
Practices Act)

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
RA 6713 (Code
Laws
of Conduct and Required the annual filing of the
Ethical
Standards for
Public Officials
and Employees)

RA 7080 (Anti
Plunder Act)

Sworn Statement of Assets, Liabilities

and Networth of all public officials
and employees

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
Section 2:
RA 1379
(Forfeiture
of
Unlawfully
Acquired
Property)

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
Implement
ing Rules
and
Regulation
s
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
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

Section 15(5), RA
6770
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
Testificandu
m

Covert
Operations

Use of
information
Technology

Collaboratio
n 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 deposito

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
On Local Currency Deposits...
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
of May
2013)
Violation of(asRA
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