Article 96Act No. 3815, Sec./Art. 96

Effect of commutation of sentence.-The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(i)

International

Convention

for

the

Suppression

of

Terrorist Bombings, adopted by the General Assembly of

the United Nations on 15 December 1997.

(k)

Terrorist organization, association or a group of

persons refers to any entity owned or controlled by any

terrorist

or

group

of

terrorists

that: (1) commits, or

attempts to commit, terrorist acts by any means, directly

or indirectly, unlawfully and willfully; (2) participates as an

accomplice in terrorist acts; (3) organizes or directs others

to

commit

terrorist

acts;

or

(4)

contributes

to

the

commission of terrorist acts by a group of persons acting

with common purpose of furthering the terrorist act

where the contribution is made intentionally and with

the

aim

of

furthering the terrorist act or with the

knowledge of the intention of the group to commit a

terrorist act.

Section 4. Financing of Terrorism. – Any person who,

directly or indirectly, willfully and without lawful excuse,

possesses, provides, collects or uses property or funds or

makes available property, funds or financial service or

other related services, by any means, with the unlawful

and willful intention that they should be used or with the

knowledge that they are to be used, in full or in part: (a) to

carry out or facilitate the commission of any terrorist act;

(b) by a terrorist organization, association or group; or (c)

by an individual terrorist, shall be guilty of the crime of

financing of terrorism and shall suffer the penalty of

reclusion temporal in its maximum period to reclusion

perpetua and a fine of not less than Five hundred

thousand pesos (Php500,000.00) nor more than One

million pesos (Php1,000,000.00).

Any person who organizes or directs others to commit

financing of terrorism under the immediately preceding

paragraph shall likewise be guilty of an offense and shall

suffer the same penalty as herein prescribed.

For purposes of this Act, knowledge or intent may be

established

by direct evidence or inferred from the

attendant circumstances.

For an act to constitute a crime under this Act, it shall not

be necessary that the funds were actually used to carry

out a crime referred to in Section 3(j).

Section 5. Attempt or Conspiracy to Commit the Crimes

of Financing of Terrorism and Dealing with Property or

Funds of Designated Persons. – Any attempt to commit

any crime under Section 4 or Section 8 under this Act

shall be penalized by a penalty two degrees lower than

that prescribed for the commission of the same as

provided under this Act.

Any conspiracy to commit any crime under Section 4 or

Section 8 of this Act shall be penalized by the same

penalty prescribed for the commission of such crime

under the said sections.

There is conspiracy to commit the offenses punishable

under Sections 4 and 8 of this Act when two (2) or more

persons

come

to

an

agreement

concerning

the

commission of such offenses and decided to commit it.

Section 6. Accomplice. – Any person who, not being a

principal under Article 17 of the Revised Penal Code or a

conspirator as defined in Section 5 hereof, cooperates in

the execution of either the crime of financing of terrorism

or

conspiracy

to commit the crime of financing of

terrorism by previous or simultaneous acts shall suffer the

penalty one degree lower than that prescribed for the

conspirator.

Section

7.

Accessory.

–

Any

person

who,

having

knowledge of the commission of the crime of financing

of terrorism but without having participated therein as a

principal, takes part subsequent to its commission, by

profiting from it or by assisting the principal or principals

to profit by the effects of the crime, or by concealing or

destroying the effects of the crime in order to prevent its

discovery, or by harboring, concealing or assisting in the

escape of a principal of the crime shall be guilty as an

accessory to the crime of financing of terrorism and shall

be imposed a penalty two degrees lower than that

prescribed

for

principals

in

the

crime

of

financing

terrorism.

Section 8. Prohibition Against Dealing with Property or

Funds of Designated Persons. – Any person who, not

being an accomplice under Section 6 or accessory under

Section 7 in relation to any property or fund: (i) deals

directly or indirectly, in any way and by any means, with

any property or fund that he knows or has reasonable

ground to believe is owned or controlled by a designated

person, organization, association or group of persons,

including funds derived or generated from property or

funds owned or controlled, directly or indirectly, by a

designated person, organization, association or group of

persons; or (ii) makes available any property or funds, or

financial services or other related services to a designated

and/or identified person, organization, association, or

group of persons, shall suffer the penalty of reclusion

temporal in its maximum period to reclusion perpetua

and a fine of not less than Five hundred thousand pesos

(Php500,000.00)

nor

more

than

One

million

pesos

(Php1,000,000.00).

Section 9. Offense by a Juridical Person, Corporate Body

or Alien. – If the offender is a corporation, association,

partnership or any juridical person, the penalty shall be

imposed upon the responsible officers, as the case may

be,

who

participated

in,

or

allowed

by

their

gross

negligence, the commission of the crime or who shall

have

knowingly

permitted

or

failed

to

prevent

its

commission. If the offender is a juridical person, the court

may suspend or revoke its license. If the offender is an

alien, the alien shall, in addition to the penalties herein

prescribed, be deported without further proceedings

after serving the penalties herein prescribed.

Section

10.

Authority

to

Investigate

Financing

of

Terrorism. – The AMLC, either upon its own initiative or at

the

request

of

the

ATC,

is

hereby

authorized

to

investigate: (a) any property or funds that are in any way

related to financing of terrorism or acts of terrorism; (b)

property or funds of any person or persons in relation to

whom there is probable cause to believe that such person

or persons are committing or attempting or conspiring to

commit, or participating in or facilitating the financing of

terrorism or acts of terrorism as defined herein.

The AMLC may also enlist the assistance of any branch,

department, bureau, office, agency or instrumentality of

the

government,

including

government-owned

and

-controlled

corporations

in

undertaking measures to

counter the financing of terrorism, which may include the

use of its personnel, facilities and resources.

For purposes of this section and notwithstanding the

provisions of Republic Act No. 1405, otherwise known as

the "Law on Secrecy of Bank Deposits", as amended;

Republic Act No. 6426, otherwise known as the "Foreign

Currency Deposit Act of the Philippines", as amended;

Republic Act No. 8791, otherwise known as "The General

Banking Law of 2000? and other laws, the AMLC is hereby

authorized

to

inquire into or examine deposits and

investments with any banking institution or non-bank

financial institution and their subsidiaries and affiliates

without a court order.

Section 11. Authority to Freeze. – The AMLC, either upon

its own initiative or at the request of the ATC, is hereby

authorized to issue an ex parte order to freeze without

delay: (a) property or funds that are in any way related to

financing of terrorism or acts of terrorism; or (b) property

or

funds

of

any

person,

group of persons, terrorist

organization, or association, in relation to whom there is

probable cause to believe that they are committing or

attempting or conspiring to commit, or participating in or

facilitating the commission of financing of terrorism or

acts of terrorism as defined herein.

The freeze order shall be effective for a period not

exceeding twenty (20) days. Upon a petition filed by the

AMLC before the expiration of the period, the effectivity of

the freeze order may be extended up to a period not

exceeding six (6) months upon order of the Court of

Appeals: Provided, That the twenty-day period shall be

© Compiled By RGL

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