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| House Version of Anti-Money Laundering Bill - Committee Report Stage. |
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page 3 SECTION 8. Preservation of Assets. Upon application of the Task Force, with notice to all persons who appear to have an interest in or claim to the monetary instrument or property alleged to be proceeds of an unlawful activity, and after summary hearing, the court may issue temporary restraining orders, writs of injunction, writs of attachment or garnishment, or other equitable provisional reliefs, or take other appropriate action, for the preservation of said monetary instrument or property to prevent them from being removed, concealed,converted, commingled with other property or otherwise placed beyond the jurisdiction of the court.
SEC. 9. Search and Seizure of Assets. Upon application of the Task Force with the court or, for compelling reasons and if the place of the commission of the crime is known, any court within the judicial region where the search and seizure warrant shall be enforced, may, upon probable cause in connection with a specific offense to be determined personally by the judge after examination under oath or affirmation of the Task Force and the witnesses it may produce, issue a search and seizure warrant particularly describing the place to be searched and the monetary instrument or property to be seized which may be anywhere in the Philippines. |
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| Sec. 10. Civil Forfeiture. When there is a covered transaction report made, and the court has, in a petition filed for the purpose or pursuant to Section 8 or 9, ordered seizure of any monetary instrument or property, in whole or in part, directly or indirectly, related to said report, and after hearing during which the offender shall be given opportunity to explain the origin or provenance of said monetary instrument or property, the court may, subject to the evidentiary requirements prescribed by the Revised Rules of Court, declare the same forfeited in favor of the Government of the Philippines if the offender is unable to show to the satisfaction of the court that said monetary instrument or property was lawfully acquired.
SEC. 11. Provisional Remedies Pending Criminal Proceedings. Upon the filing of the information charging the offender with any money laundering offense under Section 4 of this Act, the court may, motu proprio, or upon verified motion of the prosecution, issue temporary restraining orders, writs of injunction, writs of attachment or garnishment, or other equitable provisional reliefs, or take other appropriate action, for the preservation of the monetary instrument or property alleged to be proceeds of an unlawful activity to prevent the same from being removed, concealed, converted, commingled with other property, or otherwise placed beyond the jurisdiction of the court during the pendency of the criminal proceedings. |
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| SEC. 12. Prohibition Against Bond. No bond or other undertaking shall be allowed directed at dissolving, quashing or otherwise lifting the writs, processes and all other orders issued by the courts under this Act.
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