THE TERRORISM FINANCING PREVENTION AND SUPPRESSION ACT OF 2012

Case Overview and Summary

Summary of Republic Act No. 10168 (The Terrorism Financing Prevention and Suppression Act of 2012)

Declaration of Policy (Section 2):
- Protect life, liberty, and property from acts of terrorism.
- Condemn terrorism and those who support and finance it.
- Recognize financing of terrorism as a crime against the Filipino people, humanity, and international law.
- Adhere to international commitments to combat financing of terrorism.
- Criminalize financing of terrorism and related offenses.
- Prevent and suppress financing of terrorism through freezing and forfeiture of properties or funds.

Definitions (Section 3):
- Defines key terms such as "Anti-Money Laundering Council (AMLC)", "Anti-Terrorism Council (ATC)", "covered institutions", "dealing", "designated persons", "forfeiture", "freeze", "property or funds", "terrorist", "terrorist acts", and "terrorist organization, association or group of persons".

Financing of Terrorism (Section 4):
- Criminalizes the willful possession, provision, collection, or use of property, funds, or financial services with the intention or knowledge that they will be used for terrorist acts, by terrorist organizations, or by individual terrorists.
- Prescribes the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Php500,000.00 nor more than Php1,000,000.00.
- Knowledge or intent can be established by direct evidence or inferred from circumstances.
- It is not necessary for the funds to have been actually used to carry out a crime.

Attempt, Conspiracy, Accomplice, and Accessory (Sections 5, 6, and 7):
- Prescribes penalties for attempt, conspiracy, accomplice, and accessory to the crime of financing of terrorism.

Prohibition Against Dealing with Property or Funds of Designated Persons (Section 8):
- Prohibits dealing with property or funds owned or controlled by designated persons, organizations, associations, or groups.
- Prescribes the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Php500,000.00 nor more than Php1,000,000.00.

Offense by a Juridical Person, Corporate Body or Alien (Section 9):
- Prescribes penalties for juridical persons, corporate bodies, or aliens who commit offenses under this Act.

Authority to Investigate and Freeze (Sections 10 and 11):
- Authorizes the AMLC to investigate and freeze property or funds related to financing of terrorism or acts of terrorism.
- Allows the AMLC to issue an ex parte order to freeze property or funds for up to 20 days, extendable up to 6 months by the Court of Appeals.
- Authorizes the AMLC to issue a freeze order to comply with UN Security Council resolutions.

Exceptions and Exemptions (Sections 12 and 13):
- Allows the AMLC to defer the issuance of a freeze order for investigative/prosecutorial purposes.
- Allows the withdrawal of funds for monthly family needs, sustenance, legal services, and medical needs.

Publication of Designation and Duty of Covered Institutions (Sections 15 and 16):
- Requires the publication of a list of designated persons.
- Requires covered institutions and government agencies to preserve and serve notice of freeze orders.
- Prescribes penalties for non-compliance with freeze orders.

Predicate Offense to Money Laundering and Civil Forfeiture (Sections 17 and 18):
- Designates financing of terrorism as a predicate offense to money laundering.
- Provides for civil forfeiture of property or funds related to financing of terrorism.

Extra-Territorial Application and Extradition (Sections 19 and 20):
- Applies the criminal provisions of this Act to offenses committed outside the Philippines under certain circumstances.
- Allows the Philippines to consider the International Convention for the Suppression of the Financing of Terrorism as a legal basis for extradition.

Implementing Rules and Regulations, Separability Clause, Repealing Clause, and Effectivity Clause (Sections 22, 23, 24, and 25):
- Requires the AMLC to promulgate implementing rules and regulations within 30 days.
- Includes a separability clause, repealing clause, and effectivity clause.