Online Sexual Abuse and Exploitation of Children in the Philippines An Evaluation Using STR Data
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Posted 14 July 2023
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Posted 14 July 2023
On 17 March 2023, the Regional Trial Court of Muntinlupa City (RTC-Muntinlupa), Br. 203, rendered a Decision in the civil forfeiture case docketed as AMLA Case No. 22-001 forfeiting Php138,791.44 in bank accounts under the names of Joshua Paul C. Capiral, and Christopher John C. Capiral, among others, in connection with the so-called Pastillas Scam.
The RTC-Muntinlupa’s Decision emphasized that regardless of the absence, pendency or outcome of a criminal prosecution for the unlawful activity or for money laundering, an action for civil forfeiture may be separately and independently prosecuted and resolved.
The case is subject of an appeal.
Posted date: 27 July 2023
In a Decision dated 13 October 2021, the Supreme Court, in G.R. No. 231495, dismissed the Petition for Review on Certiorari filed by BCD Foreign Exchange Corporation questioning the tagging of its account by a well-known universal bank as related, and its consequent freezing pursuant to a freeze order of the Court of Appeals. The Supreme Court sustained the Anti-Money Laundering Council (AMLC) and the bank in freezing the account as related to the principal accounts in the freeze order case.
The Supreme Court stressed that in freezing related accounts, a bank is guided by the clear definition of the Implementing Rules and Regulations of the Anti-Money Laundering Act of 2001, as Amended, and the Court of Appeals’ finding of probable cause that bank accounts identified by the AMLC as related. By tagging and freezing a related account with corresponding justification, banks merely comply in good faith the Court of Appeals’ freeze order.
BCD may still seek reconsideration of the Supreme Court’s Decision.
Posted: 07 July 2023