Question
1. Julio has no job but he is suspected to be a jueteng operator. Julio has never been charged of any offense. Julio has several
1. Julio has no job but he is suspected to be a jueteng operator. Julio has never been charged of any offense. Julio has several bank accounts and purchased several houses and lots from XYZ Realty Corporation amounting to PHP20,000,000.00. After that, the Register of Deeds reported his purchases to the Anti-Money Laundering Council (AMLC). Upon request of the AMLC, QRST Bank disclosed to it the bank deposits of Julio. Subsequently, Julio was charged in court for violation of the Anti-Money Laundering Law. Julio moved to dismiss the case on the ground that he has no criminal record. Is Julio correct?
None of the above.
No, because Julio can be held liable if it is sufficiently proven that he is a jueteng operator and the proceeds of his jueteng operations are made to appear as having originated from legitimate sources.
Yes, because the Philippine National Police (PNP) could easily check if Julio has a criminal record and it could submit a certification in court certifying that Julio is a good person in the community where he lives.
Yes, because evidence of good moral character is a vital defense when charged with money laundering.
2. Bench is unemployed but she is suspected to be a Small Town Lottery (STL) Bookies operator, a form of illegal gambling. Bench has never been charged of any offense. She has several bank accounts and purchased several houses and lots from XYZ Realty Corporation amounting to PHP60,000,000.00. After that, the Register of Deeds reported his purchases to the Anti-Money Laundering Council (AMLC). Upon request of the AMLC, QRST Bankdisclosed to it the bank deposits of Bench. Subsequently, Bench was charged in court for violation of the Anti-Money Laundering Law. Did QRST Bank violated the Secrecy of Bank Deposits Law in disclosing the bank account of Bench to the AMLC?
Yes, QRST Bank violated the Secrecy of Bank Deposits Law since it can disclose bank accounts only upon the request of the Court of Tax Appeals.
Yes, QRST Bank violated the Secrecy of Bank Deposits Law since it is absolutely prohibited from disclosing bank accounts.
No, QRST Bank did not violate the Secrecy of Bank Deposits Law. A bank is obliged to report to the AMLC covered and suspicious transactions.
No, QRST Bank did not violate the Secrecy of Bank Deposits Law because it is one of the obligation of banks to disclose bank accounts if public interest requires it.
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