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In a Joint Decision dated 20 Sept 2022, the RTC Pasig City Branch 167 convicted Sheryl Boratong, widow of Pasig Shabu Tiangge mastermind Amin Imam Boratong (deceased), of money laundering. The court also found an ex-bank branch manager guilty of money laundering for facilitating drug money for the Boratongs.

Sheryl was previously convicted of drug-related activities in connection with the 2006 Shabu Tiangge raid.

The court relied on the prosecution's evidence based on financial investigation and analysis of bank transactions of the proceeds of illegal drug-activities of Sheryl and Amin Imam Boratong.

Godofredo Medenilla, a former branch manager, was found to have advised the Boratongs how to layer illegal drugs proceeds from their bank account to another account belonging to their relative, after a law enforcement raid of the Shabu Tiangge. Under the Anti-Money Laundering Act, facilitating such bank transfers constitutes money laundering. Layering is the process of conducting a series of transactions to hide the criminal origins of funds.

Medenilla is the fifth in the list of bank personnel convicted for money laundering which also includes Maia Santos Deguito and her assistant, Angela Ruth Torres, who both figured heavily in the notorious Bangladesh Bank Heist.

The conviction of both Boratong and Medenilla sends a strong message to illegal drug traffickers and bank personnel alike that the financial system must not be used for criminal purposes.

 

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All Covered Persons that are required to comply with the Guidelines on Digitization of Customer Records (DIGICUR) are hereby reminded of the Final and Non-Extendable Deadline of 30 September 2022 to fully comply with its requirements, pursuant to AMLC Regulatory Issuance (ARI) No. 6, Series of 2021. The compliances of said covered persons as of that deadline shall be reported to the AMLC thru the Quarterly DIGICUR Status Report of Compliance (QUADSREC), which is due on or before the 15th of October 2022.

 The failure to fully comply with the DIGICUR by 30 September 2022 shall warrant the imposition of enforcement actions such as Warning, Compliance Letter, and Notarized Compliance Commitment in accordance with ARI No. 5, Series of 2020, otherwise known as the Enforcement Action Guidelines (EAG), based on whether the covered person has satisfied the following conditions:

  1. Updated its MTPP to incorporate the provisions of the DIGICUR;
  2. Established a central database for customer records;
  3. Digitized at least 50% of the records of existing customers prior to the effectivity of the DIGICUR (13 October 2018);
  4. Digitized at least 50% of the records of new customers opened after effectivity of the DIGICUR; and
  5. Can complete digitization of customer records by 31 December 2023.

Notwithstanding the above enforcement actions, non-compliance with the DIGICUR remains to be a Grave Violation under the Rules of Procedure in Administrative Cases, with penalties ranging from Php37,500 to Php375,000 per customer.

Posted 21 September 2022

The Anti-Money Laundering Council (AMLC) appointed Atty. Matthew M. David as the new Executive Director of the AMLC, effective 18 August 2022.

Under Section 8 of Republic Act No. 9160 or the Anti-Money Laundering Act of 2001, as amended, the AMLC is authorized to establish a secretariat to be headed by an Executive Director, who shall be appointed by the Council for a term of five (5) years. The Executive Director must be a member of the Philippine Bar, at least 35 years of age, and of good moral character, unquestionable integrity, and known probity.

Executive Director David replaces Atty. Mel Georgie B. Racela, whose term ended on 17 August 2022.

Previously, Executive Director David served as the Director of the Investigation and Enforcement Department of the AMLC Secretariat and as the Deputy Director of the Office of the General Counsel and Legal Services at the Bangko Sentral ng Pilipinas. He also taught law at Arellano University and Our Lady of Perpetual Help University.

He holds a Master of Laws degree in Finance from the Institute for Law and Finance at the Goethe-Frankfurt University in Germany. He obtained his degrees in Bachelor of Laws and Bachelor of Arts in Political Science from the University of the Philippines in Diliman, Quezon City.

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 Posted 18 August 2022

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