Knowledge Sharing on Laws, Rules and Trends on Asset Forfeiture and Management

Posted on October 16, 2013

Justice Azcuna

A Knowledge Sharing on Laws, Rules and Trends on Asset Forfeiture and Management was conducted by PHILJA on August 23, 2013, in partnership with the United States (U.S.) Department of Justice-Criminal Division, OPDAT. The knowledge sharing facilitated by way of a roundtable discussion (RTD) and a focus group discussion (FGD) workshop and attended by 12 judges from NCJR and Region IV, aimed to re-apprise the judges and other stakeholders of the various laws, rules, jurisprudence and developments on asset forfeiture and management; to familiarize them with the country’s current state as regards implementation of asset recovery efforts and the various challenges that must be addressed in order to improve the present system; and to expose them to the best practices being observed outside the country, the U.S. in particular.

The RTD focused on the following topics: Philippine Laws, Rules on Asset Forfeiture and Management; Emerging Trends on Asset Forfeiture and Management: The Philippine Perspective; and Emerging Trends on Asset Forfeiture and Management: The International Perspective. The discussions were led by PHILJA and some foreign lecturers particularly from the U.S. Department of Justice’s Asset Forfeiture and Money Laundering Section, the U.S. Marshals Service, and a U.S. District Court Judge. From the discussions emerged the most problematic issue in asset forfeiture–the lack of an effective asset management system or regime for forfeited assets. Suggestions on how to improve the current asset management system in the Philippines surfaced during the discussions such as for PHILJA to consider coming up with best practices rules for managing assets that should be developed within the judiciary in the absence of a clear legal regime for asset management of forfeited assets.

Justice Azcuna

Informations gathered from the judges and other stakeholders regarding the challenges they face in asset forfeiture and management and the various existing problem areas in handling anti-money laundering and other financial crime casesduring the FGD workshop will be used as bases for the training curriculum of the Seminar-Workshop on Combating Money Laundering and Other Financial Crimes in the Philippines.

PHILJA-Information Systems Division, Administrative Office and Research, Publication and Linkages Office ©LAR2014

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