a. How Committed

When is Money Laundering Committed (Including Predicate Crimes)

Money laundering is committed through any of the acts specified in Sec. 4 of RA 9160, as amended by RA 10365, involving a monetary instrument or property related to the proceeds of unlawful activity; it also includes a covered person's knowing failure to report a covered or suspicious transaction required to be reported to the Anti-Money Laundering Council (AMLC).

Money Laundering is committed by any person who, knowing that any monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity:

• Transacts said monetary instrument or property;
• Converts, transfers, disposes of, moves, acquires, possesses or uses said monetary instrument or property;
• Conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights with respect to said monetary instrument or property;
• Attempts or conspires to commit money laundering offenses referred to in paragraphs (a), (b) or (c);
• Aids, abets, assists in or counsels the commission of the money laundering offenses referred to in paragraphs (a), (b) or (c) above; and
• Performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraphs (a), (b) or (c) above.

Money laundering is also committed by any covered person who, knowing that a covered or suspicious transaction is required under this Act to be reported to the Anti-Money Laundering Council (AMLC), fails to do so [Sec. 4, RA 10365]¹.

Unlawful activity refers to any act or omission or series or combination thereof involving or having direct relation to the following, which is a non-exhaustive list under Sec. 3(i) of RA 9160, as amended by RA 10365 and RA 11521:

• Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended²;
• Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002³;
• Section 3 paragraphs B, C, E, G, H and I of RA. 3019, as amended; otherwise known as the Anti-Graft and Corrupt Practices Act⁴;
• Plunder under RA 7080, as amended⁵;
• Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended⁶
• Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602⁷;
• Piracy on the high seas under the Revised Penal Code, as amended, and piracy in Philippine waters under Presidential Decree No. 532⁸; Qualified theft under Article 310 of the Revised Penal Code, as amended⁹;
• Swindling under Article 315 of the Revised Penal Code, as amended¹⁰;
• Smuggling under RA Nos. 455 and 1937¹¹;
• Violations under RA 8792, otherwise known as the Electronic Commerce Act of 2000¹²;
• Hijacking and other violations under RA 6235¹³; 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 RA 8799, otherwise known as the Securities Regulation Code of 2000¹⁴;
• Felonies or offenses of a similar nature that are punishable under the penal laws of other countries [Sec. 3 (i)]¹⁵.