Practice question
In May 2026, a person knowingly transfers proceeds of conduct established to violate the Anti-POGO Act, RA 12312. He argues that the conduct cannot be AMLA unlawful activity until the later implementing rules are issued. Which is correct?
- The statutory predicate clause is ineffective until an IRR is issued, regardless of its text
- Only POGO conduct occurring after August 2026 can ever be a predicate
- RA 12312 section 8 supplies the predicate rule, and section 16 expressly prevents absence of the IRR from delaying implementation of specific provisions; the AMLA offense still requires its own elements
- Every person connected with a POGO is automatically convicted of money laundering without proof
- The 2025 Act changes only taxes and contains no AMLA provision
Legal references
- https://lawphil.net/statutes/repacts/ra2001/ra_9160_2001.html — RA 9160, the Anti-Money Laundering Act, read with the subsequent amendments cited below.
- https://lawphil.net/statutes/repacts/ra2003/ra_9194_2003.html — sections 1–2, covered and suspicious transactions.
- https://lawphil.net/statutes/repacts/ra2013/ra_10365_2013.html — sections 4–5 and 7, current money laundering offense, independent prosecution and reporting confidentiality.
- https://lawphil.net/statutes/repacts/ra2017/ra_10927_2017.html — sections 1–3, casino coverage and cash transactions.
- https://lawphil.net/statutes/repacts/ra2021/ra_11521_2021.html — section 2, current covered and suspicious transaction definitions and real-estate cash threshold.
- https://lawphil.net/statutes/repacts/ra2022/ra_11930_2022.html — section 9(c), sections 4–5 violations as AMLA unlawful activity.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/100174 — RA 12312, sections 8, 16–17 and 20; October 29, 2025 newspaper publication recorded by the Supreme Court E-Library; statutory predicate rule operative before June 30, 2026.
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