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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 Hard

Practice question

A tax-crime predicate satisfying Section3(i)(35) is established. BIR has already recovered the same identified monetary proceeds in a separate proceeding. AMLC proposes forfeiture solely to recover those same proceeds again. Which qualification in RA11521 applies?
  1. AMLC may not institute forfeiture to recover the same proceeds already recovered or collected by BIR in that separate proceeding
  2. The final proviso requires duplicate recovery
  3. BIR recovery automatically erases every possible tax-crime prosecution
  4. The statutory qualification applies only to foreign banknotes
  5. The provision makes every property of every taxpayer forfeitable

Legal references

  • RA11521: https://lawphil.net/statutes/repacts/ra2021/ra_11521_2021.html Section2, AMLA Section3(i)(35), final proviso.

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