Prohibition against dealing with funds of terrorists
"I heard a story of a man who joined and is now an active member of a known terrorist organization, and whose relatives are now planning to sell the properties he left behind, such as his motorcycles and cellphones. I am just wondering about the legal consequences if they do so. Thank you, and God bless.
MohindraDear Mohindra,
Please be informed of the prohibition against dealing with properties or funds of identified terrorists or terrorist organizations under Section 8 of Republic Act 10168 otherwise known as “The Terrorism Financing Prevention and Suppression Act of 2012”:“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).” [Emphasis supplied]
Relatively, the phrase “designated persons” is defined under Section 3 (e) of the same law:“(e) Designated persons refers to:
(1) any person or entity designated and/or identified as a terrorist, one who finances terrorism, or a terrorist organization or group under the applicable United Nations Security Council Resolution or by another jurisdiction or supranational jurisdiction(2) any organization, association, or group of persons proscribed pursuant to Section 17 of the Human Security Act of 2007 or(3) any person, organization, association, or group of persons whose funds or property, based on probable cause are subject to seizure and sequestration under Section 39 of the Human Security Act of 2007.”Clearly, dealing in any manner with a property owned by an identified terrorist or terrorist organization is expressly prohibited by law. Conversely, selling is one way of dealing with such property. Hence, selling the properties of the man you are talking about in your letter by his relatives may be covered by the said prohibition.
We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/
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"Prohibition against dealing with funds of terrorists" was written by Mary under the Legal Advice category. It has been read 476 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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