Log In Create Account

Philippine Bar review · Question

Practice question: Authority to Inquire, Freeze, and Forfeit

Multiple Choice Hard

Practice question

Property related to a stipulated laundering offense cannot be located despite due diligence. The State seeks forfeiture of other property of equivalent value under Section12(a). All statutory and third-party safeguards are satisfied. The owner argues that disappearance of the original property necessarily defeats every substitute-property remedy. Which answer is correct?
  1. Section12(a) expressly permits the equivalent-value category on the stated conditions
  2. The statute never permits equivalent-value forfeiture
  3. Due diligence is irrelevant under the stated statutory ground
  4. Any property of an unrelated innocent stranger may automatically be taken
  5. The provision itself eliminates the need for court proceedings

Legal references

  • RA10365 Section9 amending AMLA Section12: https://lawphil.net/statutes/repacts/ra2013/ra_10365_2013.html AMLA Section12(a), equivalent-value paragraph.

Answer this question in flashcards to review your response and continue practicing.