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Philippine Bar review · Question

Practice question: Safe Harbor Provision

Multiple Choice Hard

Practice question

An officer properly files a report in good faith during regular duties. A week later the officer sells the report's contents to a commercial rival. The officer claims that safe harbor for filing permanently immunizes the later sale. Which is correct?
  1. The later sale automatically becomes regular reporting
  2. The qualifying filing and the separate unauthorized disclosure must be analyzed separately; safe harbor does not itself protect the sale
  3. The rival becomes AMLC by buying the file
  4. All reports become public records immediately
  5. A price tag creates legal authority

Legal references

  • AMLA Section 9(c), as amended by RA 9194 Section 6; malicious reporting Section14(c), amended by Section9: https://lawphil.net/statutes/repacts/ra2003/ra_9194_2003.html
  • RA 10365 Section 7, reporting confidentiality: https://lawphil.net/statutes/repacts/ra2013/ra_10365_2013.html

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