Commercial and Taxation Laws › Banking Law › Anti-Money Laundering (RA 9160, as amended by RA 9194, 10167, 10365, 10927, 11521, 11930, and 12312) › Money Laundering
b. Predicate Offenses (Unlawful Activities) (See also RA 11930, Sec. 9(c), and RA 12312, Sec. 8)
RA 10365 further added the following:
RA 10365 added the following unlawful activities (historical list; see the subsequent amendments and replacement statutes noted below):
- Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3 and 4 of RA No. 93721
- Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of RA 101682, otherwise known as the Terrorism Financing Prevention and Suppression Act of 2012;
- Bribery under Articles 210, 211 and 211-A of the Revised Penal Code3, as amended, and Corruption of Public Officers under Article 212 of the Revised Penal Code4, as amended;
- Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215 and 216 of the Revised Penal Code5, as amended;
- Malversation of Public Funds and Property under Articles 217 and 222 of the Revised Penal Code6, as amended;
- Forgeries and Counterfeiting under Articles 163, 166, 167, 168, 169 and 176 of the Revised Penal Code7, as amended;
- Violations of Sections 4 to 6 of RA 92088, otherwise known as the AntiTrafficking in Persons Act of 2003;
- Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 7059, otherwise known as the Revised Forestry Code of the Philippines, as amended;
- Violations of Sections 86 to 106 of Chapter VI, of RA 855010, otherwise known as the Philippine Fisheries Code of 1998;
- Violations of Sections 101 to 107, and 110 of RA 794211, otherwise known as the Philippine Mining Act of 1995;
- Violations of Section 27(c), (e), (f), (g) and (i), of RA 914712, otherwise known as the Wildlife Resources Conservation and Protection Act;
- Violation of Section 7(b) of RA 907213, otherwise known as the National Caves and Cave Resources Management Protection Act;
- Violation of RA 653914, otherwise known as the Anti-Carnapping Act, as amended;
- Violations of Sections 1, 3 and 5 of PD 186615, as amended, otherwise known as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives;
- Violation of PD 1612, otherwise known as the Anti-Fencing Law;
- Violation of Section 6 of RA 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended by RA 10022;
- Violation of RA 8293, otherwise known as the Intellectual Property Code of the Philippines;
- Violation of Section 4 of RA 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009;
- Violation of Section 4 of RA 9775, otherwise known as the Anti-Child Pornography Act of 2009;
- Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of RA 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination.
Current-law references: The references above to RA 9372, RA 6539, and RA 9775 reproduce the historical RA 10365 list, not the operative provisions of those repealed laws. RA 9372 was repealed by RA 11479, Section 54; terrorism and conspiracy-to-commit-terrorism references must be read in light of RA 11479. RA 6539 was repealed by RA 10883, Section 20; the current anti-carnapping law is RA 10883 (New Anti-Carnapping Act of 2016). RA 9775 was repealed by RA 11930, Section 31; the applicable unlawful activities are under RA 11930, including Section 9(c).
Updated: The predicate offenses related to trafficking in persons are now based on RA 9208 as amended by the Expanded Anti-Trafficking in Persons Act of 2022, RA 11862, 23 June 2022.
Authorities
- PD 1866, Sec. 1
- Presidential Decree No. 705, Sec. 78
- RA 10168, Sec. 4
- RA 6539
- RA 7942, Sec. 101
- RA 8550, Sec. 86
- RA 9072, Sec. 7
- RA 9147, Sec. 27
- RA 9208, Sec. 4
- RA No. 9372, Sec. 3
- Revised Penal Code, Sec. 163
- Revised Penal Code, Sec. 210
- Revised Penal Code, Sec. 212
- Revised Penal Code, Sec. 213
- Revised Penal Code, Sec. 217