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Philippine Bar review · Question

Practice question: Safe Harbor Provision

Multiple Choice Hard

Practice question

A routine covered report was filed in good faith during regular duties. A later prosecution under a different law does not succeed. The claimant argues protection applies only if AMLA itself yields a successful prosecution. What is the strongest answer?
  1. Only a final AMLA conviction activates safe harbor.
  2. The statute does not condition protection on successful prosecution under AMLA or another law.
  3. Only conviction under a different law activates it.
  4. The report becomes malicious automatically upon an unsuccessful case.
  5. The officer must retrospectively obtain the customer's permission.

Legal references

  • RA 9194, Sections 1-2 and 6, AMLA transaction definitions and Section 9(c) safe harbor: https://lawphil.net/statutes/repacts/ra2003/ra_9194_2003.html
  • RA 10365, Sections 1 and 7, covered persons and reporting amendments: https://lawphil.net/statutes/repacts/ra2013/ra_10365_2013.html
  • RA 11521, amended covered-person and covered-transaction provisions: https://lawphil.net/statutes/repacts/ra2021/ra_11521_2021.html
  • RA 12312, Sections 8 and 17, Anti-POGO Act AMLA amendment: https://lawphil.net/statutes/repacts/ra2025/ra_12312_2025.html

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