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Philippine Bar review · Question

Practice question: Predicate Offenses (Unlawful Activities) (See also RA 11930, Sec. 9(c), and RA 12312, Sec. 8)

Multiple Choice Medium

Practice question

A person possesses material solely for a legitimate investigation within the express Section8 safe-harbor exception of RA11930. All safe-harbor facts are established and no separate violation exists. Does Section9(c) automatically turn that protected act into an AMLA predicate?
  1. No; the predicate clause addresses violations, and the stipulated protected act is not such a violation
  2. Yes; every protected investigative act is automatically criminal
  3. Yes; the safe harbor is erased by every reference to AMLA
  4. No; because no RA11930 offense can ever be a predicate
  5. Yes; any possession by any person is necessarily outside Section8

Legal references

  • RA11930: https://lawphil.net/statutes/repacts/ra2022/ra_11930_2022.html Sections8 and9(c).

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