Notable Legislations and Techniques for the Investigation and Prosecution of Corruption and Money Laundering Cases: From the Perspective of the Philippines Office of the Ombudsman

A presentation for the APEC Workshop, re: Designing Best Models on Prosecuting Corruption and Money Laundering Cases Using Financial Flow Tracking Techniques and Investigative Intelligence for Effective Conviction and Asset Recovery to Promote Regional Economic IntegrationSantiago, ChileJune 11-13, 2013

Office of the OmbudsmanCreating an independent Office of the OmbudsmanTo act promptly on all complaints filed in any form or manner against public officials and employeesThe Ombudsman Act of 1989

Rationale for the Mandate of the Office of the OmbudsmanSection 1, Article XI of the 1987 Philippine Constitution

Public Office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice and lead modest lives

Philippine Anti-Corruption/ Anti Money Laundering Laws

Philippine Anti-Corruption/ Anti Money Laundering Laws

Philippine Anti-Corruption/ Anti Money Laundering Laws

Philippine Anti-Corruption/ Anti Money Laundering Laws

Philippine Anti-Corruption/ Anti Money Laundering Laws

Fact-finding Investigation

Best Practices (LSC cases)

Best Practices cont.

Legal ChallengesConfidentiality of local and foreign currency deposits (RA 1405 and RA6426)Affirms the confidentiality of bank deposits including trust accounts except in certain cases

Exemptions on Confidentiality of Bank DepositsUpon written permission of the depositor;In cases of impeachment; Upon order of a competent court in cases of bribery or dereliction of duty of public officials;

Exemptions on Confidentiality of Bank DepositsIn cases where the money deposited or invested is the subject matter of the litigation; orUpon order of any competent court in cases of violation of the AMLA, it having been established that there is probable cause that the deposits or investments are related to unlawful activities as defined in the law, or a money laundering offense

Exemptions on Confidentiality of Bank Depositsupon the written permission of the depositor

Statistics of Corruption and Money Laundering Cases Handled (as of May 2013)Complaint: 369 Filed in Court: 39Complaint: 77 Filed in Court: 17Complaint: 6 Filed in Court: 3Source: Central Records Div. Office of the Ombudsman

EpilogueWith the rapid advance in technology, easier and faster international and local travel, corruption and money laundering cases are difficult to investigate and prosecute. However, authorities in the Philippines are continuously innovating and adopting best approaches to curb these kinds of menaces in the society.

Thank You!

Atty. Ronald Allan D. RamosAtty. John Zernan T. SambajonField Investigation Office (FIO)Office of the OmbudsmanRepublic of the Philippines