2026 Commercial Law, Q10

Francheska deposited in her current account with Money Bank the amount of PHP 400,000.00 everyday, from Monday to Friday, or a total of PHP 2 million in five banking days. Money Bank reported the deposit transactions of Francheska as suspicious transactions to the Anti-Money Laundering Council (AMLC). Upon receiving the report, the AMLC ordered Money Bank to freeze Francheska’s account because the source of funds was doubtful or suspicious. After receiving such order, Money Bank immediately froze the account of Francheska. Is Money Bank correct in freezing Francheska’s account? Explain.

Quick check

Under Section 10 of the Anti-Money Laundering Act (R.A. No. 9160, as amended), which authority possesses the exclusive power to issue a freeze order against a bank account?

What is the legal effect if the Anti-Money Laundering Council (AMLC) directly orders a commercial bank to freeze a depositor's account without obtaining a judicial order?

How must the Anti-Money Laundering Council (AMLC) initiate the process to lawfully freeze a bank account suspected of being related to an unlawful activity?

A covered bank reports a customer's frequent deposits as suspicious transactions to the AMLC. What action may the bank legally take regarding the customer's account based solely on that report?

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If a bank complies with an invalid AMLC administrative directive to freeze a depositor's account without a Court of Appeals freeze order, what is the legal characterization of the bank's action?

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1. Freeze Orders
Under Section 10 of the Anti-Money Laundering Act, as amended, the authority to issue a freeze order over bank accounts or monetary instruments belongs exclusively to the Court of Appeals. The Anti-Money Laundering Council cannot administratively order or execute an account freeze on its own authority, nor can covered financial institutions freeze customer deposits without a judicial directive. To secure a freeze order, the Council must file an ex parte petition with the Court of Appeals, demonstrating probable cause that the targeted monetary instruments or bank deposits are related to an unlawful activity or money laundering offense.

2. Suspicious Transaction Reporting
Under Philippine anti-money laundering regulations, covered institutions like commercial banks are legally mandated to report covered and suspicious transactions to the Anti-Money Laundering Council within statutory deadlines. A transaction report provides regulatory oversight and prompts administrative investigation, but it does not automatically authorize the reporting bank or the Council to restrict account access or confiscate customer funds. Reporting a transaction as suspicious remains a distinct administrative duty separate from freezing an account, which strictly requires prior judicial authorization. Acting prematurely on an administrative report without a Court of Appeals order constitutes an unlawful restriction on depositor funds.

3. Bank Liability
Bank deposits create a debtor-creditor relationship under Philippine law, imposing a high degree of diligence on financial institutions when managing customer funds. When a bank receives an invalid freeze directive from an administrative body lacking judicial sanction, complying with the unauthorized order breaches its contractual obligations to the depositor. Covered institutions must independently verify the legal validity of freeze demands before withholding account balances. A bank that unlawfully freezes a customer account based solely on an invalid administrative directive commits an illegal act and becomes civilly liable for damages under statutory banking rules and general civil law provisions.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026