Colegio de San Juan de Letran

Intramuros, Manila
LEGMAN 101 INTRO TO LAW
Lecture Notes (Criminal Law)

A. Basic Principles
I. What is criminal law?
branch of public law that defines crimes, treats of their nature and provides for their
punishment.
II. Give and define the three basic characteristics of criminal law.
1. Generality penal laws govern everyone within territorial jurisdiction of the state
regardless of race, belief, sex or creed subject to certain exceptions under international
agreements. EXCEPTIONS: Treaty Stipulations like VFA; RA No. 75 or the Laws of Preferential
Application and Principles of International Law.
2. Territoriality penal laws are only effective within the territorial confines of ones
jurisdiction be it land, maritime, interior waters and atmosphere.
EXCEPTION: Article 2, RPC
3. Prospectivity penal laws only take effect after its effectivity date.
Note: Ex post facto law is one that is specifically made to retroact; to cover acts before it
became effective to the prejudice of the accused; or to make a certain crime graver or prescribe
a heavier penalty for it.
General Rule: Ex post facto law is prohibited. (Art. III, Sec. 22 of the Constitution)
Exception: Art. 22, RPC Retroactive effect of penal laws. Penal Laws shall have a retroactive
effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of
such laws a final sentence has been pronounced and the convict is serving the same.
Note: This is consistent with the general principle that criminal laws, being a limitation on the
rights of the people, should be construed strictly against the State and liberally in favor of the
accused.
III. What are felonies?
-acts or omissions punishable by law and are committed either by deceit or by fault
IV. Give the difference between deceit and fault.
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-Deceit or dolo is an act performed with deliberate intent whereas fault or culpa is a
wrongful act that resulted from imprudence, lack or foresight o0r lack of skill.
V. What is mala in se? What is malum prohibitum?
Mala in se an act, by its very nature, is inherently and morally wrong it should be done
with criminal intent while malum prohibitum on the other hand, is an act which is wrong only
because there is a law punishing it. It is enough that the prohibited act was voluntarily
committed and need not be committed with malice or criminal intent to be punishable.
Example: Mala in se: murder, rape; malum prohibitum: jaywalking and other traffic violations
VI. Give and explain the three stages of execution of a crime
1. Consummated all elements necessary for the execution of a crime are present
2. Frustrated offender performs all the acts of execution , which would produce the
felony as a consequence, but which nevertheless, do not produce it by reason of causes in
dependent of the will of the perpetrator.
3. Attempted - when the offender commences the commission of a felony directly or
overt acts, and does not perform all the acts of execution, which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance.
B. Circumstances that affect criminal liability (Keyword: JEMAA)
I. Justifying Circumstances a person who acts under any justifying circumstances enumerated
under the RPC does not commit a crime under the law. Thus, the person is exempted from
criminal and civil liability. (Art. 11, RPC)
Note: RA 9262 or Anti-Violence Against Women and their Children Act of 2004
(Keyword: VAWC) provided an additional justifying circumstance when the Supreme Court
held that victim-survivors of Battered Woman Syndrome do not incur criminal or civil liability
even in the absence of any of the elements for justifying circumstances under the RPC.
II. Exempting Circumstances a crime is committed but there is no criminal liability due to the
absence of free will. The offender, however shall be civilly liable (Art. 12, RPC)
Note: RA 9344 or the Juvenile Justice and Welfare Act of 2006.
III. Mitigating Circumstances circumstances that lessens the penalty. It may be privileged or
ordinary. Privileged mitigating circumstances cannot be offset by aggravating circumstances
while ordinary mitigating circumstances may be offset by aggravating circumstances. (Art. 13,
RPC)
IV. Aggravating Circumstances circumstances increase the penalty or qualify the crime to a
greater one (Art. 14, RPC)

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V. Alternative Circumstances are those, which must be taken into consideration as

aggravating or mitigating according to the nature and effects of the crime and the other
conditions attending its commission. (Art. 15, RPC)
C. Persons criminally liable for felonies
I. For grave and less grave felonies:
1. Principals those who take a direct part in the execution of the crime; those who
directly force or induce others to commit a crime and those who cooperate in the commission of
the offense by another act without which it would not have been accomplished.
2. Accomplices- those persons who, not being included as principals cooperate in the
execution of the offense by previous or simultaneous acts.
3. Accessories those who, having knowledge of the commission of a crime, and
without having participated therein, either as principals or accomplices, take part subsequent to
its commission in any of the following manner:
3.1 by profiting themselves or assisting the offender to profit by the effects of the crime
3.2 by concealing or destroying the body of the crime or the effects or instruments
thereof, in order to prevent its discovery
3.3 by harboring, concealing or assisting in the escape of the principals of the crime
provided the accessory acts with abuse of his public functions or whenever the author of the
crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive,
or is known to be habitually guilty of some other crime
II. For light felonies:
1. Principals
2. Accomplices
III. Basic Maxims in Criminal Law
1. Nullum Crimen Nulla Poena Sine Lege there is no crime when there is no law
punishing it
2. Actua Non Facit Reum, Nisi Mens Sit Rea the act cannot be criminal where the
mind is not criminal Note: this only applies to cases involving deceit or dolo and not fault or
culpa.
3. Praesumitur Pro Reo - there is a presumption in favor of a defendant. The defendant
is presumed to be innocent of all the charges against him until he is proven guilty by the
evidence submitted.

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D. Specific Crimes and Special Penal Laws

Rebellion/Insurrection (Art. 134, RPC)
I. What are the elements? (Students)
II. What is the essence of the crime of rebellion?
-The essence of rebellion is public uprising and the taking up of arms. It aims to
overthrow the duly constituted government. It is generally carried out by civilians.
III. What is the nature of the crime of rebellion?
-Rebellion is a crime of the masses. It requires multitude of people.
IV. Who are liable for rebellion?
-The persons liable for rebellion are the leaders and their followers.
V. What is the difference between rebellion and insurrection?
-The object of the movement is completely to overthrow the existing government while in
insurrection, the movement seeks merely to effect some change of minor importance, or to
prevent the exercise of governmental authority with respect to particular matters of subjects.
VI. What are the distinctions between rebellion and sedition?
-In rebellion, there must be taking up of arms against the government and the purpose is
always political, i.e. to overthrow the government whereas in sedition, it is sufficient that the
public uprising be tumultuous and its purpose may be political or social, i.e. merely to go against
the established government not to overthrow it.
VII. What are the distinctions between rebellion and treason?
-In rebellion, the uprising is against the government and the purpose is to substitute the
existing government with another whereas treason is done to aid the enemy. The purpose is to
deliver the government to the enemy.
Sedition (art. 139, RPC)
I. What are the elements? (Students)
II. Does the crime of sedition contemplate rising up of arms against the government?
-No. The purpose of the offenders in rising publicly is to merely create commotion and
disturbance by way protest to express their dissent and disobedience to the government or to
the authorities concerned.
III. What is the difference between sedition and treason?

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-Sedition involves raising of commotions or disturbances in the State while treason is a

violation by a subject of his allegiance to his sovereign or to the supreme authority of the State.
Alarms and Scandals (art. 155, RPC)
I. What are the elements/punishable acts? (Students)
II. What is the essence of the crime alarms and scandals?
-The essence of the crime is disturbance of public tranquillity and public peace.
III. If a firearm is discharged, what are the crimes that may possibly arise?
1. Alarms and scandals If the offender discharges a firearm in a public place but the
firearm is not pointed to a particular person when discharged.
2. Illegal discharge of firearm If the firearm was directed to a particular person who
was not hit if intent to kill is not proved.
3. Attempted homicide or murder If the person was hit, automatically, the crime is
attempted homicide or murder, if there is intent to kill.
Note: When a person uses a lethal weapon against another, such as a firearm, intent to kill is
inherent.
4. Physical injuries If the person was hit and injured but there was no intent to kill.
5. Threat If the weapon was not discharged but merely pointed to another.
6. Grave coercion If the threat was directed, immediate and serious and the person is
compelled or prevented to do something against his will.
IV. What is charivari?
Charivari is a mock serenade of discordant noises made of cans, pans, kettles, tins,
horn, etc., designed to annoy and insult.
V. What offenses are possibly committed by creating noise and annoyance?
1. Alarms and scandals If the disturbance affects the public in general (i.e. by playing
noisily during the wee hours in the morning in the neighborhood)
2. Unjust Vexation If the noise is directed to a particular person or family
Note: Vexation is defined as the act of harassing or causing trouble. Unjust vexation means
harassing our causing trouble without justifiable reasons. (2nd par. Art. 287, RPC)
Parricide (Art. 246, RPC)
I. What are the elements? (Students)

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Notes:
Parricide is committed between people who are related by blood.
But it can also be committed between spouses, even though they are not related by
blood.
The relationship, except the spouse, must be in the direct line and not in the collateral
line. (RVC: direct and collateral line)
The relationship between the offender and the offended party must be legitimate, except
when the offender and the offended party are related as parent and child
The only illegitimate relationship that can bring about parricide is that between parents
and illegitimate children as the offender and the offended parties.
II. Suppose a stranger conspires in the commission of the crime of parricide, what is his criminal
liability?
-The stranger is liable for homicide or murder, as the case may be, because of the
absence of relationship. The rule of conspiracy that the act of one is the act of all does not apply
here because of the personal relationship of the offender to the offended party.
III. To constitute parricide of a spouse, what must be established?
-There must be a valid subsisting marriage at the time of the killing. Also, the information
should allege the fact of such valid marriage between the accused and the victim.
IV. Suppose a Muslim who has three wives, killed the third, is he liable for suicide?
-No. Muslim husbands with several wives can be convicted of parricide only in case the
first wife is killed. There is no parricide if the other wives are killed although their marriage is
recognized as valid.
Reason: A Catholic/Christian man can commit the crime only once. If a Muslim husband could
commit this crime more than once, in effect, he is being punished for the marriage which the law
itself authorized him to contract.
Death or Physical Injury Inflicted under Exceptional Circumstances (Art. 247, RPC)
I. What are the elements? (Students)
II. What are the two stages contemplated under Art. 247?
1. When the offender surprised the other spouse with a paramour or mistress.
Note: The attack must take place while the sexual intercourse is going on. If the surprise was
before or after the intercourse, no matter how immediate it may be, Article 247 does not apply.
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2. When the offender kills or inflicts serious physical injury upon the other spouse and/or
paramour while in the act of intercourse, or immediately thereafter, that is, after
surprising.
III. What is the nature of Art. 247?
Art. 247 is more of an exempting circumstance as the penalty is intended more for the
protection of the accused than a punishment. Put differently, it practically grants a privilege
amounting for adequate punishment.
IV. What is meant by the phrase immediately thereafter?
-It means that between the surprising and the killing or the inflicting of the physical injury,
there should be no interruption or interval of time. In other words, it must be a continuous
process.
V. What is meant by the phrase in the act of committing sexual intercourse?
-It means there must be actual sexual intercourse.
VI. What is the rationale for Art. 247?
-The law affords protection to a spouse who is considered to have acted in a justified
outburst of passion or a state of mental disequilibrium. The offended spouse has no time to
regain his or her self-control.
VII. Under Art. 247, is it required that the victim is to be killed instantly by the accused after
surprising his spouse in the act of intercourse?
-No, what is required is that the killing is the proximate result of the outrage
overwhelming the accused upon the discovery of the infidelity of his or her spouse. The killing
should have been actually motivated by the same blind impulse.
VIII. If death results or the physical injuries are serious, what is the penalty imposed under Art.
247?
-The penalty of destierro is meted on the offender. The banishment is intended more for
the protection of the offender from the family of his or her spouse or paramour/mistress.
IX. When third persons are injured in the course of firing at the paramours, will the offended
spouse be free from criminal liability?
No, inflicting death or physical injuries under exceptional circumstances is not murder.
The offender cannot therefore be held liable for frustrated murder for the injuries suffered by
third persons. It does not mean, however, that the offender is totally free from any responsibility.
The offender can be held liable for serious physical injuries through simple imprudence or
negligence.
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Additional notes:
The benefits of Art. 247 apply also to parents who shall surprise their daughter below 18
years of age in actual sexual intercourse while living with them.
The sexual act is between the daughter and the seducer.
The parents cannot invoke this provision if in a way, they have encouraged the
prostitution of the daughter.
X. What is the meaning of the phrase living with them?
-The phrase living with them is understood to be in their own dwelling, because of the
embarrassment and humiliation done not only to the parent but also to the parental abode. If it
was done in a motel (e.g. SOGO/Victoria Court), the article does not apply.
Murder (Art. 248, RPC)
I. What is Murder?
-is the unlawful killing of any person which is not parricide or infanticide, provided that
any of the circumstances provided by law are present.
II. Give the circumstances present in murder. (Art. 248)
Notes:
There is treachery when the offender commits any of the crimes against the person
employing means, methods or forms in the execution thereof that tend directly and
especially to insure its execution without risk to himself arising from the defense which
the offended party might make.
Treachery is inherent in poison.
Abuse of superior strength is inherent in and comprehended by treachery.
III. What is the essence of treachery?
-The essence of treachery is that the offended party is denied of the chance to defend
himself because of the means, methods, form in executing the crime deliberately adopted by the
offender. This is true even there is no intent to kill.
IV. Can murder be committed even if at the beginning the offender has no intention to kill the
victim?
-Yes, although generally, murder can only be committed if the outset, the offender has
intent to kill because the qualifying circumstances must be resorted to with a view of killing the
offended party.
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However, if the offender may have not intended to kill the victim but he only wanted to
commit a crime against him in the beginning, he will still be liable for murder if in the manner of
committing the felony there was treachery and as a consequence thereof the victim died.
Reason: This is based on the rule that a person committing a felony shall be liable for the
consequences thereof although different from that which he intended.
Homicide (Art. 249, RPC)
I. Define Homicide.
-Homicide is the unlawful killing of any person, which is neither parricide, murder nor
infanticide.
II. What are the elements? (Students)
Notes:
Intent to kill is conclusively presumed when death resulted and hence, need not be
established.
Evidence of intent to kill is important only in attempted or frustrated homicide.
Physical injuries are included as one of the essential elements of frustrated homicide.
There is no crime of frustrated homicide through reckless imprudence because intent is
inherent in frustrated or attempted homicide.
III. Suppose several assailants not acting in conspiracy inflicted wounds on the victim, but it
cannot be determined who inflicted which wounds which caused the death of the victim, who
should be guilty for the crime of homicide?
-All of them are liable for homicide.
IV. If homicide or murder is committed with the use of an unlicensed firearm, how should the
crime be denominated?
-The crime would only be homicide or murder, as the case maybe, only one offense is
punished, the use of an unlicensed firearm is only considered as an aggravating circumstance.
V. What is accidental homicide?
-Accidental homicide is death of a person brought about by a lawful act performed with
proper care and skill, and without homicidal intent.
Rape (Art. 266-A) (RA 8353)
I. How committed?
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1. By a man who shall have carnal knowledge of a woman. (Elements: Students)

2. Sexual Assault. (Elements: Students)
Notes:
Under RA 8353, crime of rape can now be committed by a male or female.
When offender in rape has an ascendancy or influence over the victim, it is not
necessary that the latter put up a determined resistance.
Rape may be proved by the uncorroborated testimony of the offended woman.
There is no crime of frustrated rape.
II. What are the effects of the reclassification of rape into crime against persons?
1. The procedural requirement of consent of the offended party to file the case is no
longer needed because this is now a public crime unlike when it was still classified as a crime
against chastity.
2. There is now an impossible crime of rape because impossible crimes can only be
committed against persons.
III. What are the kinds of rape under RA 8353?
1. Traditional concept under Article 335 carnal knowledge with a woman against her
will. The offended party is always a woman and the offender is always a man.
2. Sexual assault committed with an instrument or an object or use of the penis with
penetration of mouth or anal orifice. The offended party or the offender can either be man or
woman, that is, if a woman or a man uses an instrument non anal orifice of male, she or he can
be liable for rape.
IV. May rape committed even if the accused was not able to insert his penis into the victims
vagina?
-Yes, even the slightest contact of the penis with the labia constitutes rape. A flaccid
penis can do as much damage as an erect one at least insofar as the crime of rape is
concerned. And that it may be uncomfortable and difficult to commit rape inside a vehicle does
not render the commission improbable.
V. Is the victims reputation considered in the prosecution for rape?
-The victims character or reputation is immaterial in rape, there being absolutely no
nexus between it and the odious deed committed. A woman of loose morals could still be the
victim of rape, the essence thereof being the carnal knowledge of a woman without her consent.

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VI. What is qualified rape? (Elements: Students)

VII. What are the effects of pardon on the criminal liability of the accused charged with rape?
1. The offended woman may pardon the offender through a subsequent valid marriage,
the effect of which would be the extinction of the offenders liability.
2. Similarly, the legal husband may be pardoned by forgiveness of the wife provided that
the marriage is not void ab inito. ( )
Note: Under the new law, the husband may be liable for rape if his wife does not want to have
sex with him. It is enough that there is indication of any amount of resistance as to make it rape.
(Marital rape. Current event: Sunshine Cruz alleges Cesar Montano of marital rape)
VIII. What is incestuous rape?
-Incestuous rape refers top rape committed by an ascendant of the offended woman.
IX. Is the employment of force and intimidation indispensable in incestuous rape?
-No, because the overpowering and overbearing moral influence of the ascendant over
the daughter takes the place of violence and offer of resistance required in rape cases
committed by an accused having no blood relationship with the victim.
X. What is statutory rape?
-To constitute statutory rape, two elements must be established, namely:
1. the accused had carnal knowledge of a woman
2. the woman is below 12 years of age
XI. Suppose a ten-year old girl consented to the sexual intercourse, will such consent negate
the rape?
-No, because consent is immaterial in statutory rape. The mere fact of having sexual
relations with a girl below 12 years old consummates the offense and consent is not a defense.
Theft (Art. 308, RPC)
I. What is theft?
-Theft is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without the
latters consent.
II. What are the elements? (Students)
III. What is the meaning of taking in law?
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-Taking means the act of depriving another of the possession and dominion of movable
property.
Note: The taking must be accompanied by the intention, at the time of the taking, of
withholding the thin with some character of permanency.
IV. When is unlawful taking complete?
-Unlawful taking is complete upon the material occupation of the thing by the offender
and placing it under his control with the ability to dispose it.
Note: Under Art. 308 of the RPC, theft cannot have a frustrated stage. Theft can only be
attempted or consummated.
.Swindling (Estafa) (Art. 315, RPC)
I. What are the elements of estafa in: (Students)
1. general;
2. with unfaithfulness; and,
3. by means of false pretenses or fraudulent acts under Art. 315 (2)
Batas Pambansa Blg. 22
I. How BP 22 is violated? (Elements: Students)
II. What are the distinctions between estafa under Art. 315 (2) of the RPC and violation of BP
22?
-The distinctions are as follows:
1. In estafa deceit and damage are material while in BP 22, deceit and damage are
immaterial.
2. Estafa is a crime against property. BP 22 is a crime against public order
3. In estafa, the gravamen of the offense is the deceit employed whereas in BP 22, the
gravamen of the offense is the issuance of the check.
4. In estafa, knowledge by the drawer of insufficient funds is not required while in BP 22,
the knowledge by the drawer of insufficient funds is required.
III. When is there a prima facie evidence of knowledge of insufficient funds?
-There is a prima facie evidence of knowledge of insufficient funds when the check was
presented within 90 days from the date appearing on the check and was dishonored.

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Exceptions:
1. When the check was presented after 90 days from date;
2. When the maker or drawer:
a. Pays the holder of the check the amount due within five banking days after
receiving notice that such check has not been paid by the drawee;
b. Makes arrangements for payment in full by the drawee of such check within
five banking days after notice of non-payment
Adultery (Art. 333, RPC)
I. What are the elements? (Students)
Notes:
For adultery to exist, there must be a marriage although it be subsequently annulled.
There is no adultery, if the marriage is void from the beginning.
Adultery is an instantaneous crime which is consummated and completed at the moment
of carnal action.
A single intercourse consummates the crime of adultery. Each sexual intercourse
constitutes a crime of adultery, even if involves the same man.
There is no frustrated adultery because of the nature of the offense.
Abandonment without justification is not exempting, but only mitigating circumstance.
Concubinage (Art. 334, RPC)
I. What are the elements? (Students)
Notes:
Only the offended spouse can bring the prosecution.
This is a crime committed by the married man, the husband. Similarly, it includes the
woman who had a relationship with the married man.
II. May a husband be liable for concubinage and adultery at the same time for the same act of
illicit intercourse with the wife of another man?
-Yes, when the husband commits concubinage with a married woman and provided that
the two offended parties, i.e., his wife and the husband of his mistress file separate cases
against him.
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Bigamy (Art. 349, RPC)

I. What are the elements? (Students)
Notes:
Nullity of the first marriage is not a defense in bigamy charge.
Second marriage must have all the essential requisites for validity.
Validity of second marriage is a prejudicial question to liability for bigamy.
Bigamy is not a private crime.
Acts of lasciviousness (Art. 336, RPC)
I. What are the elements? (Students)
Notes:
Under Art. 336, acts of lasciviousness is committed when the act performed with lewd
design was perpetrated under circumstances which would have brought about the crime
of rape if sexual intercourse was effected.
The offended party may be a man or a woman.
The offended party is either:
a. under 12 years of age; or
b. being over 12 years of age, the lascivious acts were committed on him or her
through violence or intimidation, or while the offended party was deprived of reason, or
otherwise unconscious.
In order to sustain conviction for acts of lasciviousness, it is essential that the acts
complained of be prompted by lust or lewd designs and that the victim did not consent or
encourage such acts.
There can be no frustration of acts of lasciviousness, or rape or of adultery.
Anti-Sexual Harassment Act (RA 7877)
I. What is sexual harassment?
- It is an act or a series of acts involving any unwelcome sexual advance, request or
demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed
by employer, teacher, instructor, professor, coach, trainor or any other person who,

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having authority, influence or moral ascendancy over another in a work-related, training- or

education- related environment. (Sec. 3 RA 7877)
II. How is sexual harassment committed in a/an:
a. work related or employment environment; and
b. education or training environment? (Students)
III. What are the forms of sexual harassment?
1. Physical
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks
3. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings
4. Other forms analogous to the foregoing.
Anti-Money Laundering Act (RA 9160) (Keyword: AMLA)
I. What is money laundering?
-Money Laundering is a crime whereby the proceeds of an unlawful activity as defined in
the AMLA are transacted or attempted to be transacted to make them appear to have originated
from legitimate sources.
II. What are the salient features of AMLA?

Criminalizes money laundering

Creates a financial intelligence unit
Imposes requirements on customer identification, record keeping and reporting of
covered and suspicious transactions (covered institutions such as banks and
pawnshops)
Relaxes strict bank deposits secrecy laws
Provides for bank inquiry and freeze ex parte petition/seizure/forfeiture/recovery of dirty
money/property
Provides for international cooperation (Interpol, CIA, MI6 et. al.)
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III. What is unlawful activity?

-Unlawful activity is the offense which generates dirty money or property. It is commonly
called the predicate crime. It refers to any act or omission or series or combination thereof
involving or having direct relation to the following:
Kidnapping for ransom
Drug trafficking and related offenses
Graft and corrupt practices
Plunder
Robbery and Extortion
Jueteng and Masiao
Piracy
Qualified theft
Swindling
Smuggling
Violations under the Electronic Commerce Act of 2000
Hijacking; destructive arson; and murder, including those perpetrated by terrorists
against non-combatant persons and similar targets
Fraudulent practices and other violations under the Securities Regulation Code of 2000
Felonies or offenses of a similar nature that are punishable under the penal laws of other
countries.
Terrorism financing and organizing or directing others to commit terrorism financing (R.A.
10168).
Attempt/conspiracy to commit terrorism financing and organizing or directing others to
commit terrorism financing (R.A. 10168).
Attempt/conspiracy to commit dealing with property or funds of designated person.
Accomplice to terrorism financing or conspiracy to commit terrorism financing.
Accessory to terrorism financing.

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IV. What are the covered institutions under AMLA?

Banks and all other entities, including their subsidiaries and affiliates, supervised and
regulated by the Bangko Sentral ng Pilipinas
Insurance companies, pre-need companies and all other institutions supervised or
regulated by the Insurance Commission
Securities dealers and other entities supervised or regulated by the Securities and
Exchange Commission

V. What are the covered & suspicious transactions under AMLA?

-Covered transactions are single transactions in cash or other equivalent monetary
instrument involving a total amount in excess of Five Hundred Thousand (P500, 000) Pesos
within one (1) banking day
Suspicious transactions are transactions with covered institutions, regardless of the amounts
involved, where any of the following circumstances exists:
there is no underlying legal/trade obligation, purpose or economic justification; the client
is not properly identified;
the amount involved is not commensurate with the business or financial capacity of the
client;
the transaction is structured to avoid being the subject of reporting requirements under
the AMLA;
there is a deviation from the clients profile/past transactions;
the transaction is related to an unlawful activity/offense under the AMLA;
and transactions similar or analogous to the above.
VI. What are the offenses and penalties under AMLA?
Knowingly transacting or attempting to transact any monetary instrument/property which
represents, involves or relates to the proceeds of an unlawful activity. Penalty is 7 to 14
years imprisonment and a fine of not less than P3M but not more than twice the value of
the monetary instrument/property.
Knowingly performing or failing to perform an act in relation to any monetary
instrument/property involving the proceeds of any unlawful activity as a result of which
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he facilitated the offense of money laundering. Penalty is 4 to 7 years imprisonment and

a fine of not less than P1.5M but not more than P3M.
Knowingly failing to disclose and file with the AMLC any monetary instrument/property
required to be disclosed and filed. Penalty is 6 months to 4 years imprisonment or a fine
of not less than P100,000 but not more than P500,000, or both.

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