UST Golden Notes - Banking Laws

UST GOLDEN NOTES 2011

BANKING LAWS Government, through the Secretary of
# Finance and the Secretary of Budget
I. THE NEW CENTRAL BANK ACT (RA 7653) and Management, may thereafter
determine. (Sec. 2)
Q: What is Bangko Sentral ng Pilipinas (BSP)?
C. RESPONSIBILITY AND PRIMARY OBJECTIVE
A: The state’s central monetary authority; it is the
government agency charged with the Q: What are the responsibilities of BSP
responsibility of administering the monetary,
banking and credit system of the country and is A:
granted the power of supervision and 1. To provide policy directions in the areas
examination over bank and non‐bank financial of money, banking, and credit
institutions performing quasi‐banking functions, 2. To supervise bank operations
including savings and loan associations. (Busuego 3. To regulate the operations of finance
vs. CA, G.R. No. L‐48955, June 30, 1987) companies and non‐bank financial
institutions performing quasi‐banking
functions, and similar institutions. (Sec.
A. STATE POLICIES
3)

Q: What are the policies of the state with
Q: What are the primary objectives of BSP
respect to the creation of the BSP?

A:
A:
1. To maintain price stability conducive to
1. The State shall maintain a central
a balanced and sustainable growth of
monetary authority that shall function
the economy.
and operate as an independent and
2. To promote and maintain monetary
accountable body corporate in the
stability and the convertibility of the
discharge of its mandated
peso. (Sec. 3)
responsibilities concerning money,

banking and credit.
Q: What are the function of BSP

1. Issuer of currency. (Sec. 49‐60)
2. In line with this policy, and considering
2. Custodian of reserves. (Secs. 64‐66, 94,
its unique functions and responsibilities,
103)
the central monetary authority
3. Clearing channel or house; especially
established under this Act, while being a
where the PCHC does not operate .(Sec.
government‐owned corporation, shall
102)
enjoy fiscal and administrative
4. Banker of the government – the BSP
autonomy (Sec. 1.)
shall be the official depository of the

Government and shall represent it in all
B. CREATION OF THE BANGKO SENTRAL NG
monetary fund dealings (Secs. 110‐ 116)
PILIPINAS
5. Financial advisor of the government

(Secs. 123‐124) – Under Article VII, Sec.
Q: What are the salient considerations on the
20 of the 1987 Constitution, the
creation of BSP?
President may contract or guarantee

foreign loans but with the prior
A:
concurrence of the Monetary Board.
1. It is established as an independent
6. Source of credit (Secs. 61‐63, 81‐89,
central monetary authority.
109)

7. Supervisor of the banking system (Sec.
2. Its capital shall be P50,000,000,000, to
25
be fully subscribed by the Philippine
– shall include the power to:
Government.
a. Examine, extending to enterprises

wholly or majority‐owned or
3. The P10,000,000,000 of the capital shall
controlled by the bank (Sec. 7, RA
be fully paid for by the Government
8791); this power may not be
upon the effectivity of this Act and the
restrained by a writ of injunction
balance to be paid for within a period of
unless there is convincing proof
2 years from the effectivity of this Act in
such manner and form as the
184
MERCANTILE LAW TEAM:
ADVISER: ATTY. AMADO E. TAYAG; SUBJECT HEAD: EARL M. LOUIE MASACAYAN;
ASST. SUBJECT HEADS: KIMVERLY A. ONG & JOANNA MAY D.G. PEÑADA; MEMBERS: MA. ELISA JONALYN A. BARQUEZ, ANGELI R. CARPIO,
ANTONETTE T. COMIA, ALBAN ROBERT LORENZO F. DE ALBAN, JOEBEN T. DE JESUS, CHRIS JARK ACE M. MAÑO, ANNA MARIE P. OBIETA,
RUBY ANNE B. PASCUA, FLOR ANGELA T. SABAUPAN, GIAN FRANCES NICOLE C. VILCHES
BANKING LAWS
that the action of the BSP is negligence or misconduct. The costs and
aplainly arbitrary (Sec. 25) expenses incurred in defending the
b. Place a bank under receivership or aforementioned action, suit or proceeding may
liquidation (Sec. 30) be paid by the Bangko Sentral in advance of the
c. Initiate criminal prosecution of final disposition of such action, suit or
erring officers of banks proceeding upon receipt of an undertaking by
8. Government agent (Secs. 117‐122)D or on behalf of the member, officer, or
employee to repay the amount advanced

should it ultimately be determined by the
D. MONETARY BOARD
Monetary Board that he is not entitled to be
indemnified as provided in this subsection. (Sec
Q: What is the Monetary Board? 15)

A: The body through which the powers and
functions of the Bangko Sentral are exercised. E. HOW BSP HANDLES BANKS IN DISTRESS
(Sec 6)
Q: What is the function of the BSP on a
Q: What are the powers and functions of the distressed bank?
Monetary Board?
A: Appointment of a conservator or receiver or
A: closure of the bank.
1. Issue rules and regulations it considers
necessary for the effective discharge of Q: Distinguish between the grounds for
the responsibilities and exercise of its conservatorship, receivership and liquidation
powers and their effects.

A: See Appendix F
2. Direct the management, operations,

and administration of the Bangko
(1) CONSERVATORSHIP
Sentral, reorganize its personnel, and

issue such rules and regulations as it
Q: Who is a conservator?
may deem necessary or convenient for

this purpose
A: One appointed if the bank is in the state of
illiquidity or the bank fails or refuses to maintain
3. Establish a human resource
a state of liquidity adequate to protect its
management system
depositors and creditors. The bank still has more
assets than its liabilities but its assets are not
4. Adopt an annual budget for and liquid or not in cash thus it cannot pay its
authorize such expenditures by the obligation when it falls due. The bank, not the
Bangko Sentral as are in the interest of Central Bank, pays for fees.
the effective administration and
operations of the Bangko Sentral in Q: What are the powers of a conservator?
accordance with applicable laws and
regulations A:
1. To take charge of the assets, liabilities,
5. Indemnify its members and other and the management thereof
officials of the Bangko Sentral, including 2. Recognize the management
personnel of the departments 3. collect all monies and debts due said
performing supervision and bank
examination functions against all costs 4. Exercise all powers necessary to restore
and expenses reasonably incurred by its viability with the power to overrule
such persons in connection with any or revoke the actions of the previous
civil or criminal action. (Sec 15) management and board of directors of
the bank or quasi‐bank (First Philippine
Note: In the event of a settlement or International Bank vs. CA, G.R. No.
compromise, indemnification shall be provided 115849, Jan. 24, 1996).
only in connection with such matters covered
by the settlement as to which the Bangko Note: Such powers cannot extend to post
Sentral is advised by external counsel that the facto repudiation of perfected
person to be indemnified did not commit any transactions. Thus, the law merely gives

185
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
V ICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

the conservator power to revoke A: The law does not contemplate prior notice and
contracts that are deemed to be hearing before the bank may be directed to stop
defective‐ void, voidable, unenforceable operations and placed under receivership. The
or rescissible. Hence, the conservator purpose is to prevent unwarranted dissipation of
merely takes the place of the bank’s the bank’s assets and as a valid exercise of police
board. power to protect the depositors, creditors,
stockholders and the general public. (Central
5. To bring court actions to assail or Bank of the Philippines v. CA, G.R. No. 76118 Mar.
repudiate contracts entered into by the 30, 1993)
bank.
Q: Can the closure and liquidation of a bank,
Q: When is conservatorship terminated? which is considered an exercise of police power,
be the subject of judicial inquiry?
A: When Monetary Board is satisfied that the
institution can continue to operate on its own and A: Yes. While the closure and liquidation of a
the conservatorship is no longer necessary. bank may be considered an exercise of police
power, the validity of such exercise of police
Note: When the Monetary Board, on the basis of the
power is subject to judicial inquiry and could be
report of the conservator or of its own findings,
set aside if it is either capricious, discriminatory,
determine that the continuance in business of the
institution would involve probable losses to its
whimsical, arbitrary, unjust or a denial or due
depositors or creditors, the bank will go under process and equal protection clauses of the
receivership. Constitution (Central Bank v. CA, G.R. No. L‐
50031‐32, July 27, 1981).
(2) CLOSURE
Q: Upon maturity of the time deposit, the bank
Q: When may the Monetary Board close a bank failed to remit. By reason of punitive action
or quasi bank? taken by Central Bank, the bank has been
prevented from performing banking operations.
A: Is the bank still obligated to pay the time
1. Cash Flow test ‐ Inability to pay deposits despite the fact that its operations
liabilities as they become due in the were suspended by the Central Bank?
ordinary course of business (Sec. 30 [a]
NCBA). A: The suspension of operations of a bank cannot
2. Balance sheet test – Insufficiency of excuse non‐compliance with the obligation to
realalizable assets to meet its liabilities remit the time deposits of depositors which
(Sec 30 [b] NCBA). matured before the bank’s closure. (Overseas
3. Inability to continue business without Bank of Manila v. CA, G.R. No. 45886, Apr. 19,
involving probable losses to its 1989)
depositors and creditors (Sec 30 [c]
NCBA). (3) RECEIVERSHIP
4. willful violation of a cease and desist
order under Section 37 that has become Q: Who is a receiver?
final, involving acts or transactions
which amount to fraud or a dissipation A: One appointed if bank is already insolvent
of the assets (Sec 30 [d] NCBA). which means that its liabilities are greater than its
5. Notification to the BSP or public assets.
announcement of a bank holiday (Sec
53, GBL). Q: What are the duties of a receiver?
6. Suspension of payment of its deposit
liabilities continuosly for more than 30 A:
days (Sec 53, GBL). 1. The receiver shall immediately gather
7. Persisting in conducting its business in and take charge of all the assets and
an unsafe or unsound manner (Sec 56, liabilities of the institution.
GBL). 2. Administer the same for the benefit of
the creditors, and exercise the general
Q: What is the close now‐hear later doctrine? powers of a receiver under the Revised
Rules of Court
186
BANKING LAWS
3. Shall not, with the exception of validity of its closure, during the pendency of the

administrative expenditures, pay or case the liquidator can continue prosecution suits
commit any act that will involve the for collection and foreclosure of mortgages, as
transfer or disposition of any asset of they are acts done in the usual course of
the institution: Provided that the administration of the bank. (Banco Filipino v.
receiver may deposit or place the funds Central Bank, G.R. No. 70054, Dec. 11, 1991)
of the institution in non‐speculative
investments (Sec 30, NCBA). Q: An intra‐corporate case was filed before RTC.
On the other hand, another complaint was filed
Q: Is the receiver authorized to transact business before BSP to compel a bank to disclose its
in connection with the bank’s assets and stockholdings invoking the supervisory power of
property? the latter. Is there a forum shopping?

A: No, the receiver only has authority to A: None. The two proceedings are of different
administer the same for the benefit of its nature praying for different relief. The complaint
creditors. (Abacus Real Estate Development filed with the BSP was an invocation of its
Center, Inc. v. Manila Banking Corp, G.R. No. supervisory powers over banking operations
162270, Apr. 6, 2005) which does not amount to a judicial proceeding.
(Suan v. Monetary Board, A.C. No. 6377, Mar. 12,
Q: Should the issue of whether or not the 2007)
Monetary Board’s resolution is arbitrary be only
raised in a separate action? Q: Where will the claims against the insolvent
bank be filed?
A: No. While resolutions of the Monetary Board
forbidding a bank to do business on account of a A: Where liquidation is undertaken with judicial
condition of insolvency and appointing a receiver intervention, all claims against the insolvent bank
to take charge of the bank’s assets or determining should be filed in the liquidation proceeding. It is
whether the bank may be rehabilitated or should not necessary that a claim be initially disputed in
be liquidated are by law “final and executory.” a court or agency before it is filed with the
However, they can be set aside by the court on liquidation court. (Ong v. CA, G.R. No. 112830,
one specific ground ‐ if the action is plainly Feb. 1, 1996)
arbitrary and made in bad faith. Such contention
can be asserted as an affirmative defense of a Note: The judicial liquidation is intended to prevent
counterclaim in the proceeding for assistance in multiplicity of actions against the insolvent bank.
liquidation. (Salud v. Central Bank, G.R. No. L‐
17630, Aug. 19, 1986) Where it is the bank that files a claim against
another person or legal entity, the claim should be
(4) LIQUIDATION filed in the regular courts.

Q: What is liquidation? Q: What is the rule of promissory estoppel?

A: It is an act of settling a debt by payment or A: The doctrine was applied in one case where
other satisfaction. It is also the act or process of the SC held that the CB may not thereafter renege
converting assts into cash especially to settle on its representation and liquidate the bank after
debts (Black’s Law Dictionary). majority stockholders of the bank complied with
the conditions and parted with value to the profit
Q: Can the liquidator of a distressed bank of CB, which thus acquired additional security for
prosecute and defend suits against the bank and its own advances, to the detriment of the bank’s
foreclose mortgages for and in behalf of the stockholders, depositors and other creditors.
bank while the issue on receivership and (Ramos v. Central Bank of the Philippines, G.R. No.
liquidation is still pending? L‐29352, Oct. 4, 1971)

A: Yes. The Central Bank is vested with the Q: Can a final and executory judgment against an
authority to take charge and administer the insolvent bank be stayed?
monetary and banking systems of the country
and this authority includes the power to examine A: Yes, after the Monetary Bank has declared that
and determine the financial conditions of banks a bank is insolvent and has ordered it to cease
for the purpose of closure on the ground of operations, the assets of the insolvent bank are
insolvency. Even if the bank is questioning the held in trust for the equal benefit of all creditors.

187

One cannot obtain an advantage or preference 1. Notes for any series or denomination –
over another by attachment, execution or More than 5 years old
otherwise. The final judgment against the bank 2. Coins – More than 10 years old
should be stayed as to execute the judgment
would unduly deplete the assets of the banks to Q: How is the Power to determine Rates of
the obvious prejudice of other depositors and Exchange exercised?
creditors. (Lipana v. Development Bank of Rizal,
G.R. No. L‐73884, Sept. 24, 1987) A:
1. The Monetary Board shall determine
F. HOW BSP HANDLES EXCHANGE CRISIS the rates at which the Bangko Sentral
shall buy and sell spot exchange, and
Q: What is Legal Tender? shall establish deviation limits from the
effective exchange rate or rates as it
A: All notes and coins issued by the Bangko may deem proper.
Sentral are fully guaranteed by the Republic and 2. The Monetary Board shall similarly
shall be legal tender in the Philippines for all determine the rates for other types of
debts, both public and private (Sec. 52) foreign exchange transactions by the
Bangko Sentral, including purchases and
sales of foreign notes and coins, but the
Q: What is the legal tender power of coins?
margins between the effective
A: exchange rates and the rates thus
1. 1‐Peso, 5‐Peso and 10‐Peso coins: In established may not exceed the
amounts not exceeding P1,000.00 corresponding margins for spot
2. 25 centavo coin or less: In amounts not exchange transactions by more than the
exceeding P100.00 (Circular No. 537, additional costs or expenses involved in
2006) each type of transactions.

Q: What are the rules on BSP’s Authority to Q: What actions does the Bangko Sentral take
replace legal tender? when international stability of Peso is
threatened?
A:
1. Notes and coins called in for A: Whenever the international reserve of the
replacement shall remain legal tender Bangko Sentral falls to a level which the Monetary
for a period of one year from the date Board considers inadequate to meet the
of call. prospective demands on the Bangko Sentral for
2. After that period, they shall cease to be foreign currencies, or whenever the international
legal tender during the following year or reserve appears to be in imminent danger of
for such longer period as MB may falling to such a level, or whenever the
determine. international reserve is falling as a result of
3. After the expiration of this latter period, payments or remittances abroad which , in the
the notes and coins which have not opinion of the Monetary Board, are contrary to
been exchanged shall cease to be a the national welfare, the Monetary Board shall:
liability of BSP and shall be 1. Take such remedial measures as are
demonetized. (Sec. 57) appropriate and within the powers
granted to the Monetary Board, and the
Note: Checks representing demand deposits do Bangko Sentral
not have legal tender power and their
acceptance in the payment of debts, both 2. Submit to the President of the
public and private, is at the option of the Philippines and the Congress, and make
creditor. However, a check which has been public a detailed report which shall
cleared and credited to the account of the includes, as a minimum, a description
creditor shall be equivalent to a delivery to the and analysis of:
creditor of cash in an amount equal to the
a. The nature and causes of the
amount credited to his account (Sec. 60).
existing or imminent decline;
b. The remedial measures already
Q: What is the period of replacement? taken or to be taken by the
Monetary Board
A:
188
BANKING LAWS
c. The monetary, fiscal or 1. Examination/inquiry/looking into all

administrative measures further deposits of whatever nature with banks
proposed or banking institutions in the Philippines
d. The character and extent of the (including investment in bonds issued
cooperation required from other by the government) by any person,
government agencies for the government official or office (Sec. 2)
successful execution of the policies 2. Disclosure by any official or employee
of the Monetary Board (Sec. 67). of any banking institution to any
authorized person of any information
Q: What are the emergency restrictions on the concerning said deposit (Sec. 3)
foreign exchange operations?
C. DEPOSITS COVERED
A:
1. Temporarily suspending and restricting Q: What are the kinds of deposits covered?
sales of foreign exchange by the Bangko
Sentral; A:
1. All deposits of whatever nature with
2. Subjecting all transactions in gold and banks or banking institutions found in
foreign exchange to license by the the Philippines; or
Bangko Sentral; 2. Investments in bonds issued by the
Philippine government, its branches,
3. Requiring that any foreign exchange and institutions. (Sec. 2, R.A. 1405)
thereafter obtained by any person
residing or entity operating in the Q: Are trust funds covered by the term
Philippines be delivered to the Bangko “deposit?”
Sentral or to any bank or agent
designated by the Bangko Sentral for A: Yes, the money deposited under the trust
the purpose, at the effective exchange agreement is intended not merely to remain with
rate or rates (Sec. 72) the bank but to be invested by it elsewhere. To
hold that this type of account is not protected by
Note: In order that the Bangko Sentral may R.A. 1405 would encourage private hoarding of
at all times have foreign exchange resources funds that could otherwise be invested by banks
sufficient to enable it to maintain the
in other ventures, contrary to the policy behind
stability and convertibility of the peso, or in
order to promote the domestic investment the law. (Ejercito v. Sandiganbayan, G.R. No.
of bank resources, the Monetary Board may 157294‐95, Nov. 30, 2006)
require the banks to sell to the Bangko
Sentral or to other banks all or part of their Note: Despite such pronouncement that trust funds
surplus holdings of foreign exchange. (Sec. are considered deposits, trust funds remain not
76) covered by PDIC.

II. SECRECY IN BANK DEPOSITS (R.A. 1405) Q: Are foreign currency deposits covered by the
Secrecy in Bank Deposits (R.A. 1405)?
A. PURPOSE

Q: What is the purpose? A: No. Foreign currency deposits are covered by
R.A. 6426 otherwise known as the Foreign
A: Currency Act. Under the same law, all authorized
1. To encourage deposit in banking foreign currency deposits are considered of an
institutions; and absolutely confidential nature and, except upon
2. To discourage private hoarding so that the written permission of the depositors, in no
banks may lend such funds and assist in instance shall be examined, inquired or looked
the economic development of the into by any person, government official, bureau
country. or office whether judicial or administrative
private.
B. PROHIBITED ACTS

Q: What are the prohibited acts under the law?

A:

189

D. EXCEPTIONS investment with any banking institution
is related to the following: HK‐MAD
Q: What are the instances where examination or
disclosure of information about deposits can be a. Hijacking,
allowed? b. Kidnapping,
c. Murder,
A: d. Destructive Arson, and
1. Upon written consent of the depositor. e. Violation of the Dangerous Drugs
(Sec. 2) Act. (2004, 2006 Bar Question)

2. In cases of impeachment. (Sec. 2) Q: What are the requisites before the
Ombudsman may examine deposits?
3. Upon order of competent court in cases
of bribery or dereliction of duty of A:
public officials. (Sec. 2) 1. There is a pending case before court of
competent jurisdiction
4. In cases where the money deposited or 2. The account must be clearly identified
invested is the subject matter of the 3. There is notice upon the account holder
litigation. (Sec. 2) and bank personnel of their presence
during inspection.
5. Upon order of the Commissioner of
Internal Revenue in respect of the bank Note: The inspection must cover only the
deposits of a decedent for the purpose account identified in the pending case.
of determining such decedent’s gross (Marquez v. Desierto, G.R. No. 138569, Sept.
estate. (Sec. 6[F][1], NIRC) 11, 2003)

6. Upon the order of the Commissioner of Q: Can a bank be compelled to disclose the
Internal Revenue in respect of bank records of the accounts of a depositor under the
deposits of a taxpayer who has filed an investigation for unexplained wealth?
application for compromise of his tax
liability by reason of financial incapacity A: Since cases of unexplained wealth are similar
to pay his tax liability. (Sec. 6[f][1],NIRC) to cases of bribery, dereliction of duty, no reason
is seen why it cannot be excepted from the rule
7. In case of dormant accounts/deposits making bank deposits confidential. In this
for at least 10 years under the connection, inquiry into illegally acquired
Unclaimed Balances Act. (Sec. 2, Act No. property in anti‐graft cases extends to cases
3936). where such property is concealed by being held
or recorded in the name of other persons. This is
8. When the examination is made by the also because the Anti‐Graft and Corrupt Practices
BSP to insure compliance with the AML Act, bank deposits shall be taken into
Law in the course of a periodic or consideration in determining whether or not a
special examination public officer has acquired property manifestly
out of proportion with his lawful income. (PNB v.
9. With court order: Gancayco, G.R. No. L‐18343, Sept. 30, 1965)
a. In cases of unexplained wealth
under Sec. 8 of the Anti‐Graft and Q: In an action filed by the bank to recover the
Corrupt Practices Act (PNB v. money transmitted by mistake, can the bank be
Gancayco, L‐18343, Sept. 30, 1965) allowed to present the accounts which it
b. In cases filed by the Ombudsman believed were responsible for the acquisition of
and upon the latter’s authority to the money?
examine and have access to bank
accounts and records (Marquez v. A: Yes, R.A. 1405 allows the disclosure of bank
Desierto, GR 138569, Sept. 11, deposits in cases where the money deposited is
2003) the subject matter of litigation. In an action filed
by the bank to recover the money transmitted by
10. Without court order: If the AMLC mistake, necessarily, an inquiry into the
determines that a particular deposit or whereabouts of the amount extends to whatever
is concealed by being held or recorded in the
name of the persons other than the one
190
BANKING LAWS
responsible for the illegal acquisition. (Mellon Q: How about foreign currency deposits, can
Bank, N.A. v. Magsino, G.R. No. 71479, Oct. 18, they be subject to garnishment?
1990)
A:
Q: The Law on Secrecy of Bank Deposits provides GR: Foreign currency deposits shall be
that all deposits of whatever nature with banks exempt from attachment, garnishment, or
or banking institutions are absolutely any other order or process of any court,
confidential in nature and may not be examined, legislative body, government agency or any
inquired or looked into by any person, administrative body whatsoever. (Sec 8. R.A.
governmental official, bureau or office. 6426)
However, the law provides exceptions in certain
instances. Which of the following may not be XPN: The application of Section 8 of R.A. 6426
among the exceptions? depends on the extent of its justice. The
1. in cases of impeachment garnishment of a foreign currency deposit
2. in cases involving bribery should be allowed to prevent injustice and for
3. in cases involving BIR inquiry equitable grounds, otherwise, it would negate
4. in cases of anti‐graft and corrupt Article 10 of the New Civil Code which
practices provides that “in case of doubt in the
5. in cases where the money involved is the interpretation or application of laws, it is
subject of litigation presumed that the lawmaking body intended
right and justice to prevail. (Salvacion vs.
A: Under Section 6(F) of the National Internal Central Bank of the Philippines, G.R. 94723,
Revenue Code, the Commissioner of Internal August 21, 1997)
Revenue can inquire into the deposits of a
decedent for the purpose of determining the Q: Can the foreign currency deposit of a
gross estate of such decedent. Apart from this transient foreigner who illegally detained and
case, a BIR inquiry into bank deposits cannot be raped a minor Filipina, be garnished to satisfy
made. the award for damages to the victim?

Thus, exception 3 may not always be applicable. A: The exemption from garnishment of foreign
Turning to exception 4, an inquiry into bank currency deposits under R.A. 6426 cannot be
deposits is possible only in prosecutions for invoked to escape liability for the damages to the
unexplained wealth under the Anti‐graft and victim. The garnishment of the transient
Corrupt Practices Act. However, all other cases of foreigner’s foreign currency deposit should be
anti‐graft and corrupt practices will not warrant allowed to prevent injustice and for equitable
an inquiry into bank deposits. Thus, exception 4 grounds. The law was enacted to encourage
may not always be applicable. Like any other foreign currency deposit and not to benefit a
exception, it must be interpreted strictly. wrongdoer. (Salvacion vs. Central Bank of the
Philippines, G.R. 94723, August 21, 1997)
Exceptions 1, 2, and 5 on the other hand, are
provided expressly in the Law on Secrecy of Bank F. PENALTIES FOR VIOLATION
Deposits. They are available to depositors at all
times. (2004 Bar Question) Q: What are the penalties for violation of R.A.
1405?
E. GARNISHMENT OF DEPOSITS, INCLUDING
FOREIGN DEPOSITS A: The penalty of imprisonment of not more than
5 years or a fine of not more than 20,000pesos or
Q: Does garnishment of a bank deposit violate both, in the discretion of the court shall be
the law? imposed upon any official or employee of a
banking institution who, upon conviction, was
A: No, the prohibition against examination does found to have violated R.A. 1405.
not preclude its being garnished for satisfaction
of judgment. The disclosure is purely incidental to
the execution process and it was not the
intention of the legislature to place bank deposits
beyond the reach of judgment creditor. (PCIB v.
CA, G.R. No. 84526, Jan. 28, 1991)

191

III. GENERAL BANKING ACT (R.A. 8791) a, such as the Al Amanah Islamic Investment
Bank of the Philippines which was created by
A. DEFINITION AND CLASSIFICATION OF BANKS RA 6848.

Q: What are banks? 7. Other classification of banks as determined
by the Monetary Board of the Bangko
A: Entities engaged in the lending of funds Sentral ng Pilipinas.
obtained through deposits from public.
Q: Differentiate universal banks, commercial
Q: What are the elements determinative of a banks and thrift banks.
bank?
A: See Appendix G

A: B. DISTINCTION OF BANKS FROM QUASI‐BANKS
1. Must be authorized by law; AND TRUST ENTITIES
2. Accepts fund, in the form of a deposit,
from the public; and Q: What is a quasi‐bank?
3. Lends money to the public.
A: These are entities engaged in the borrowing of
Q: Give the classifications of banks and their funds through the issuance, endorsement or
definition. assignment with recourse or acceptance of
deposit substitutes for purposes of re‐lending or
1. Universal banks ‐ Primarily governed by the purchasing of receivables and other obligations
General Banking Law (GBL), can exercise the (Sec 4). Unlike banks, quasi‐banks do not accept
powers of an investment house and invest in deposits.
non‐allied enterprises and have the highest
capitalization requirement. Q: What are trust entities?

2. Commercial banks ‐ Ordinary banks A: These are entities engaged in trust business
governed by the GBL which have a lower that act as a trustee or administer any trust or
capitalization requirement than universal hold property in trust or on deposit for the use,
banks and can neither exercise the powers of benefit, or behoof of others (Sec. 79). A bank
an investment house nor invest in non‐allied does not act as a trustee.
enterprises.
Q: What are financial intermediaries?
3. Thrift banks – These are a) Savings and
mortgage banks; b) Stock savings and loan A: Persons or entities whose principal functions
associations; c) Private development banks, include the lending, investing, or placement of
which are primarily governed by the Thrift funds on pieces of evidence of indebtedness or
Banks Act (R.A. 7906). equity deposited with them, acquired by them or
otherwise coursed through them, either for their
4. Rural banks – Mandated to make needed own account or for the account of others.
credit available and readily accessible in the
rural areas on reasonable terms and which Q: What are deposit substitutes?
are primarily governed by the Rural Banks
Act of 1992 (RA 7353). A: It is an alternative form of obtaining funds
from the public, other than deposits, through the
5. Cooperative banks – Those banks organized issuance, endorsement, or acceptance of debt
whose majority shares are owned and instruments, for the borrower's own account, for
controlled by cooperatives primarily to the purpose of relending or purchasing of
provide financial and credit services to receivables and other obligations. These
cooperatives. It shall include cooperative instruments may include, but need not be limited
rural banks. They are governed primarily by to, banker’s acceptances, promissory notes,
the Cooperative Code (RA 6938). participations, certificates of assignment and
similar instruments with recourse, and
6. Islamic banks – Banks whose business repurchase agreements.
dealings and activities are subject to the
basic principles and rulings of Islamic Shari’
192
BANKING LAWS
C. BANK POWERS AND LIABILITIES same group of persons (Corporate

Stockholdings) shall be considered
Q: What are the corporate powers of a bank? related interests and must be fully
disclosed in all transactions by such
A: All powers provided by the corporation code corporations or related group of
like issuance of stocks and entering into merger persons with the bank. (Sec 13)
or consolidation with other corporation or banks.
Q: What is the effect of merger or consolidation
Q: What are the rules regarding the issuance of of banks to the number of directors allowed?
stocks by a bank?
A: The number of directors may be more than 15
A: but should not exceed 21 (Sec. 17).
1. The Monetary Board may prescribe
rules and regulations on the types of Q: How many independent directors are
stock a bank may issue. required?

2. Banks shall issue par value stocks only A: 2 (Sec. 16)
.(Sec. 9)
Q: When may the Monetary Board limit the
3. GR: No bank shall purchase or acquire grant of compensation to the directors?
shares of its own capital stock or accept
its own shares as a security for a loan A: Only in exceptional cases and when the
circumstances warrant, such as but not limited to
XPN: when authorized by the Monetary the following:
Board
1. When a bank is under comptrollership
Note: That in every case the stock so or conservatorship
purchased or acquired shall, within six
2. When a bank is found by the Monetary
months from the time of its purchase or
Board to be conducting business in an
acquisition, be sold or disposed of at a
public or private sale. (Sec 10)
unsafe or unsound manner
3. When a bank is found by the Monetary
4. Foreign individuals and non‐bank Board to be in an unsatisfactory
corporations may own or control up to financial condition
40% of the voting stock of a domestic
bank. This rule shall apply to Filipinos Q: What is required for a bank may register or
and domestic non‐bank corporations. amend their articles of incorporation with SEC?

Note: The percentage of foreign‐owned A: Certificate of Authority to Register issued by
voting stocks in a bank shall be the Monetary Board. (sec. 14)
determined by the citizenship of the
individual stockholders in that bank. The Q: What should be proven by banks to satisfy
citizenship of the corporation which is a the Monetary Board and grant that certificate?
stockholder in a bank shall follow the
citizenship of the controlling stockholders A:
of the corporation, irrespective of the 1. That all requirements of existing laws
place of incorporation. (Sec 11) and regulations to engage in the
business for which the applicant is
5. Stockholdings of individuals related to proposed to be incorporated have been
each other within the fourth degree of complied with
consanguinity or affinity, legitimate or
common‐law, shall be considered family 2. That the public interest and economic
groups or related interests and must be conditions, both general and local,
fully disclosed in all transactions by such justify the authorization
corporations or related groups of
persons with the bank. (Sec 12) 3. That the amount of capital, the
financing, organization, direction and
6. Two or more corporations owned or administration, as well as the integrity
controlled by the same family group or and responsibility of the organizers and

193

administrators reasonably assure the D. DILIGENCE REQUIRED BY BANKS
safety of deposits and the public
interest. Q: What is the degree of diligence required of
banks in handling deposits?
Q: When are the banks prohibited on declaring
of dividends? A: Extraordinary diligence. The appropriate
A: standard of diligence must be very high, if not the
1. Its clearing account with the Bangko highest, degree of diligence; highest degree of
Sentral is overdrawn; or care (PCI Bank vs. CA, 350 SCRA 446, PBCom vs.
2. It is deficient in the required liquidity CA, G.R. No. 121413, 29 Jan. 2001) This applies
floor for government deposits for five only to cases where banks are acting in their
or more consecutive days, or fiduciary capacity, that is, as depository of the
3. It does not comply with the liquidity deposits of their depositors. (Reyes v. CA, G.R. No.
standards/ratios prescribed by the 118492, Aug. 15, 2001)
Bangko Sentral for purposes of
determining funds available for Q: Does the bank need to exercise extra‐
dividend declaration; or ordinary diligence in all commercial
4. It has committed a major violation as transactions?
may be determined by the Bangko
Sentral A: No, the degree of diligence required of banks,
is more than that of a good father of the family
Q: What are the powers which may be necessary where the fiduciary nature of their relationship
in carrying on the business of commercial with their depositors is concerned, that is,
banking? depositary of deposits. But the same higher
degree of diligence is not expected to be exerted
A: by banks in commercial transactions that do not
1. Accepting drafts and issuing letters of involve their fiduciary relationship with their
credit depositors, such as sale and issuance of foreign
2. Discounting and negotiating promissory exchange demand draft. (Reyes v. CA, G.R. No.
notes, drafts, bills of exchange and 118492, Aug. 15, 2001)
other instrument evidencing debt
3. Accepting or creating demand deposits, Q: What is the effect when the teller gave the
receiving other types of deposit and passbook to a wrong person?
deposit substitutes
4. Buying and selling FOREX and gold or A: If the teller gives the passbook to the wrong
silver bullion person, they would be clothing that person
5. Acquiring marketable bonds and other presumptive ownership of the passbook,
debt securities facilitating unauthorized withdrawals by that
6. Extending credit person. For failing to return the passbook to
7. Determination of bonds and other debt authorized representative of the depositor, the
securities eligible for investment bank presumptively failed to observe such high
including maturities and aggregate degree of diligence in safeguarding the passbook
amount of such investment, subject to and insuring its return to the party authorized to
such rules as the Monetary Board may receive the same. The bank’s liability, however, is
promulgate. (Sec. 29) mitigated by the depositor’s contributory
negligence in allowing a withdrawal slip signed by
Q: What are the additional powers given to a authorized signatories to fall into the hands of an
universal bank aside from those mentioned in impostor. (Consolidated Bank and Trust
section 29? Corporation vs. CA, GR No, 138569, September
11, 2003).
A:
1. Act as investment house Q: Did a bank exercise the diligence required
2. Ability invest in non‐allied enterprises. when the pretermination of the account is
(Sec 24) allowed despite discrepancies in the signature
and photograph of the person claiming to be the
depositor and failure to surrender the original
certificate of time deposit?

194
BANKING LAWS
A: No. The bank is negligent because the d. Time deposit – an account with
depositor did not present the certificate of fixed term; payment of which
deposit (Citybank, N.A., vs. Sps. Cabamongan, cannot be legally required within
G.R. No. 146918, May 2, 2006). such a specified number of days.

Q: Is the bank liable when an employee 2. As trustee‐trustor: Trust account – a
encashed a check without the requisite of savings account, established under a
endorsement? trust agreement containing funds
administered by the bank for the
A: Yes. The fiduciary nature of the relationship benefit of the trustor or another person
between the bank and the depositors must or persons.
always be of paramount concern. (Philippine
Savings Bank vs. Chowking, G.R. No. 177526, July 3. As agent‐principal:
04, 2008). a. Deposit of checks for collection
b. Deposit for specific purpose
E. NATURE OF BANK FUNDS AND BANK c. Deposit for safekeeping
DEPOSITS
Q: What are the types of deposit accounts?
Q: What is the deposit function of banks?
A:
A: The function of the bank to receive a thing, 1. Individual; or
primarily money, from depositors with the 2. Joint:
obligation of safely keeping it and returning the a. “And” account – the signature of
same. both co‐depositors are required for
withdrawals.
Q: What are the kinds of deposits between a b. “And/or” account – either one of
bank and its depositors? the co‐depositors may deposit and
withdraw from the account
A: without the knowledge consent
1. As debtor‐creditor: and signature of the other.
a. Demand deposits – all those
liabilities of banks which are Q: Is an anonymous account prohibited?
denominated in the Philippine
currency and are subject to A:
payment in legal tender upon GR: Anonymous accounts or those under
demand by representation of fictitious names are prohibited. (R.A. 9160 as
checks. amended by by R.A. 9194; BSP Circular No.
251, July 21, 2000)
b. Savings deposits – the most
common type of deposit and is XPN: In case where numbered accounts is
usually evidenced by a passbook. allowed such as in foreign currency deposits.
However, banks/non‐bank financial
Note: The requirement of institutions should ensure that the client is
presentation of passbooks is usually identified in an official or other identifying
included in the terms and conditions documents. (Sec. 8, R.A. 6426 as amended,
printed in the passbooks. A bank is FCDA)
negligent if it allows the withdrawal
without requiring the presentation of Q: What is the nature of a bank deposit?
passbook (BPI v. CA, GR No. 112392,
Feb. 29, 2000).
A: All kinds of bank deposits are loan. The bank

can make use as its own the money deposited.
c. Negotiable order of withdrawal
Said amount is not being held in trust for the
account (NOWA) – Interest‐bearing
depositor nor is it being kept for safekeeping.
deposit accounts that combine he
(Tang Tiong Tick v. American Apothecaries, G.R.
payable on demand feature of
No. 43682, Mar. 31, 1938)
checks and investment feature of

saving accounts.

195

Q: In the enforcement of obligations concerning function. (Divina, Handbook on Philippine
deposit, will the remedy of mandamus lie? Commercial Law)

A: No, because all kinds of deposit are loans. F. STIPULATION ON INTERESTS
Thus, the relationship being contractual in nature,
mandamus cannot be availed of because Q: What are the rules on stipulation of interests?
mandamus will not lie to enforce the A:
performance of contractual obligations. (Lucman 1. Central Bank Circular 416 – 12% per
v. Alimatar Malawi, G.R. No. 159794, Dec. 19, annum in cases of:
2006) a. Loans
b. Forbearance of money, goods and
Q: Does the fiduciary nature of the bank‐ credits
depositor relationship convert the contract c. Judgement involving such loan or
between banks and depositors to a trust forbearance, in the absence of
agreement? express agreement as to such rate
of interest
A: No, thus, failure by the bank to pay the
depositor is failure to pay simple loan, and not a Note: During the interim period from the
breach of trust. (Consolidated Bank and Trust date of judgment until actual payment.
Corp. v. CA, G.R. No. 138569, Sept. 11, 2003)
Pursuant to P.D. No. 116 amending Act
Q: After procuring a checking account, the No. 2655 (Usury Law), the Central Bank of
depositor issued several checks. He was the Philippines issued Circular No. 416
surprised to learn later that they had been raising the legal rate of interest from 6%
to 12% per annum.
dishonored for insufficient funds. Investigation

disclosed that deposits made by the depositor
In the absence of a stipulation as to
were not credited to its account. Is the bank interest, the loan due will now earn
liable for damages? interest at the legal rate of 12% per
annum. (Sulit v. CA, G.R. No. 119247, Feb.
A: Yes, the depositor expects the bank to treat his 17, 1997).
account with utmost fidelity, whether such
account consist only of a few hundred pesos or of 2. Interest accruing from unpaid interest –
millions. The bank must record every single interest due shall earn interest from the
transaction accurately, down to the last centavo, time it is judicially demanded although
and as promptly as possible. This has to be done if the obligation may be silent upon this
the account is to reflect at any given time the point.
amount of money the depositor can dispose of as
he sees fit, confident that the bank will deliver it Q: If the bank was forbidden by Central Bank to
as and to whomever he directs. A blunder on the do business, does it still have the obligation to
part of the bank, such as the dishonor of the pay interest on deposit?
check without good reason, can cause the
depositor not a little embarrassment if not also A: No, because a bank lends money, engages in
financial loss and perhaps even civil and criminal international transactions, acquires foreclosed
litigation. (Simex Intl. v. CA, G.R. No. 88013, Mar. mortgaged properties or their proceeds and
19, 1990) generally engages in other banking and financing
activities in order that it can derive income
Q: Is a safety deposit box a form of deposit or therefrom. Therefore, unless a bank can engage
lease? in those activities from which it can derive
income, it is inconceivable how it can carry on as
A: The contract for the use of a safe deposit box a depository obligated to pay interest on money
should be governed by the law on lease. deposited with it. (Fidelity & Savings and
Mortgage Bank v. Cenzon, G.R. No. L‐46208, Apr.
Under the old banking law, a safety deposit box is 5, 1990)
a special deposit. However, the new General
Banking Law, while retaining the renting of safe
deposit box as one of the services that the bank
may render, deleted reference to depository
196
BANKING LAWS
G. GRANT OF LOANS AND SECURITY the bank could grant should at no time
REQUIREMENTS exceed 25% of the bank’s net worth.
(Sec 35.1, GBL)
Q: What is net worth?
XPN:
A: The total of the unimpaired paid‐in surplus, a. As the Monetary Board may
retained earnings and undivided profit, net of otherwise prescribe for reasons
valuation reserves and other adjustments as may of national interest
be required by the BSP. (Sec. 24.2) b. Deposits of rural banks with
government‐owned or controlled
Q: What is risked based capital? financial institutions like LBP,
DBP, and PNB.
A: The minimum ratio prescribed by the
Monetary Board which the net worth of a bank 2. The total amount of loans, credit
must bear to its total risk assets which may accommodations and guarantees
include contingent accounts. prescribed in (a) may be increased by an
additional 10% of the net worth of such
Note: However, the Monetary Board may require or bank provided that additional liabilities
suspend compliance with such ratio whenever are adequately secured by trust receipt,
necessary for a maximum period of one year and shipping documents, warehouse
that such ratio shall be applied uniformly to banks of receipts and other similar documents
the same category (Sec. 34). which must be fully covered by an
insurance. (Sec. 35.2, GBL)
Q: What is the effect of non‐compliance with the
ratio? 3. Loans and other credit accommodations
secured by REM shall not exceed 75% of
A: the appraised value of the real estate
1. Distribution of net profits may be security plus 60% of the appraised value
limited or prohibited and MB may of the insured improvements (Sec. 37,
require that part or all of the net profits GBL)
be used to increase the capital accounts
of the bank until the minimum CM/intangible property such as patents,
requirement has been met; or trademarks, etc. shall not exceed 75% of
the appraised value of the security (Sec.
2. GR: Acquisition of major assets and 38, GBL)
making of new investments may be
restricted. 4. Loans being contractual, the period of
payment may be subject to stipulation
XPN: purchases of evidence of by the parties. In the case of
indebtedness guaranteed by the amortization, the amortization schedule
Government (Sec. 34). has no fixed period as it depends on the
project to be financed such that if it was
Note: In case of a bank merger or capable of raising revenues, it should be
consolidation, or when a bank is under at least once a year with a grace period
rehabilitation under a program approved of 3 years if the project to be financed is
by BSP, the MB may temporarily relieve not that profitable which could be
the surviving bank, consolidated bank, or deferred up to 5 years if the project was
constituent bank or corporations under not capable of raising revenues. (Sec.
rehabilitation from full compliance with 44, GBL)
the required capital ratio. (Sec. 5)
5. Loans granted to DOSRI:
Q: What are the limitations imposed upon banks a. Director
with respect to its loan function? b. Officer
c. Stockholder, which should at least
A: 1% (if below 1% ‐ not anymore
1. GR: Single borrower’s limit – The total covered)
amount of loans, credit d. Related Interests, such as DOS’s
accommodations and guarantees that spouses, their relatives within the

197

first degree whether by Q: What are the transactions covered by the
consanguinity or affinity, DOSRI regulation?
partnership whereby DOS is a
partner or a corporation where A: The transaction covered are loan and credit
DOS owns at least 20%. accommodation. Not being a loan, the ceiling will
not apply to lease and sale. However, it should
Q: What are excluded from such loan still comply with the procedural requirement.
limitations?
Q: What is the arms‐length rule?
A: Non‐risk loans, such as:
1. Loans secured by obligations of the A: It provides that any dealings of a bank with any
Bangko Sentral ng Pilipinas or the of its DOSRI shall be upon terms not less
Philippine Government favorable to the bank than those offered to
2. Loans fully guaranteed by the others. [Sec. 36 (2)]
Government
3. Loans covered by assignment of Q: Can the bank terminate the loan and demand
deposits maintained in the lending bank immediate payment if the borrower used the
and held in the Philippines funds for purposes other than that agreed upon?
4. Loans, credit accommodations and
acceptances under letters of credit to A: If the bank finds that the borrower has not
the extent covered by margin deposits employed the funds borrowed for the purpose
5. Other loans or credit accommodations agreed upon between the bank and the
which the MB may specify as non‐risk borrower, the bank may terminate the loan and
items. demand immediate payment. (Banco de Oro v.
Bayuga, G.R. No. L‐49568, Oct. 17, 1979)
Q: What is joint and solidary signature (JSS)
practice? H. PENALTIES FOR VIOLATION

A: A common banking practice requiring as an Q: What are the acts that may be penalized of
additional security for a loan granted to a fine and imprisonment as provided in the New
corporation the joint and solidary signature of a Central Bank Act (NCBA)?
major stockholder or corporate officer of the A:
borrowing corporation. (Security Bank v. Cuenca, 1. Refusal to Make Reports or Permit
G.R. No. 138544, Oct. 3, 2000) Examination (Sec. 34 NCBA)
2. False Statement (Sec. 35. NCBA)
Q: In case of DOSRI accounts, what are the 3. Other acts that violates any banking
requirements that must be complied with? laws (Sec. 36, NCBA)

A: Q: What are the administrative sanctions that
1. Procedural requirement ‐ Loan must be the Monetary Board may impose
approved by the majority of all the notwithstanding with Sections 34‐36 of NCBA?
directors not including the director
concerned. CB approval is not A:
necessary; however, there is a need to 1. Fines in amounts as may be determined
inform them prior to the transaction. by the Monetary Board to be
Loan must be entered in the books of appropriate, but in no case to exceed
the corporation. (Sec. 36) P30,000 a day for each violation, taking
into consideration the attendant
2. Substantive requirement ‐ Loan must not circumstances, such as the nature and
exceed the paid in contribution and gravity of the violation or irregularity
unencumbered deposits. (Not to exceed and the size of the bank or quasi‐bank
15% of the portfolio or 100% of the net
worth, whichever is lower.) (Sec. 36 [4]) 2. Suspension of rediscounting privileges
or access to Bangko Sentral credit
Q: What is the effect of non‐compliance with the facilities
foregoing requirements?
3. Suspension of lending or foreign
A: Violation of DOSRI is a crime and carries with it exchange operations or authority to
penal sanction.
198
BANKING LAWS
accept new deposits or make new any deposit, collection of loans and/or
investments receivables, or who pays out or permits or causes
to be transferred any securities or property of
4. Suspension of interbank clearing said bank shall be subject to the penal provisions
privileges; and/or of the New Central Bank Act (Sec. 70 GBL).

5. Revocation of quasi‐banking license. IV. PHILIPPINE DEPOSIT INSURANCE
(Sec 37, NCBA) CORPORATION
(R.A. 3591 AS AMENDED BY R.A. 9302)
Note: Resignation or termination from
office shall not exempt such director or A. BASIC POLICY
officer from administrative or criminal
sanctions. Q. What is the basic policy for the creation of the
PDIC?
Q: Who may file a criminal case for violations of
banking laws? A: PDIC shall promote and safeguard the interests
of the depositing public by way of providing
A: It does not appear from the law that only the permanent and continuing insurance coverage in
Central Bank or its respondent officials can cause all insured deposits. (As Amended by Sec. 1, R.A.
the prosecution of alleged violations of banking 9302)
laws. Said violations constitute a public offense,
the prosecution of which is a matter of public Q: What is the coverage of the insurance?
interest and hence, anyone – even private
individuals – can denounce such violations before A: The deposit liabilities of any bank or banking
the prosecuting authorities. (Perez v. Monetary institution, which is engaged in the business of
Board, G.R. No. L‐23307, June 30, 1967) receiving deposits, shall be insured with PDIC. The
coverage is compulsory.
Q: May the Monetary Board issue sanctions on
unfit directors? B. CONCEPT OF INSURED DEPOSITS

A: Yes. After due notice to the board of directors Q: What is an insured deposit?
of the bank, the Monetary Board may disqualify,
suspend or remove any bank director or officer A: Insured deposit means the amount due to any
who commits or omits an act which render him bona fide depositor for legitimate deposits in an
unfit for the position. In determining whether an insured bank net of any obligation of the
individual is fit and proper to hold the position of depositor to the insured bank as of the date of
a director or officer of a bank, regard shall be closure, but not to exceed P500,000.00. Such net
given to his integrity, experience, education, amount shall be determined according to such
training, and competence. (Sec. 16, GBL) regulations as the Board of Directors may
prescribe. (As amended by Sec. 3, R.A. 9576)
Q: How could a bank be dissolved?
C. LIABILITY TO DEPOSITORS
A:
1. Voluntary Liquidation (Sec. 68 GBL) (1) DEPOSIT LIABILITIES REQUIRED TO BE
2. Receivership and Involuntary INSURED WITH PDIC
Liquidation (Sec. 69 GBL)
Q: What are deposits covered by insurance?
Q: What is the penalty for transactions after the
bank becomes insolvent? A:
1. The unpaid balance of money or its
A: Any director or officer of any bank declared equivalent received by a bank in the usual
insolvent or placed under receivership by the course of business and for which it has
Monetary Board who refuses to turn over the given of is obliged to give credit to a
bank's records and assets to the designated commercial, checking, savings, time or
receivers, or who tampers with banks records, or thrift account, or issued in accordance
who appropriates for himself for another party or with Banko Sentral rules and regulations
destroys or causes the misappropriation and and other applicable laws, together with
destruction of the bank's assets, or who receives such other obligations of a bank, which,
or permits or causes to be received in said bank

199

consistent with banking usage and
practices, the Board of Directors shall 2. Deposit accounts or transactions which
determine and prescribe by regulations to are unfunded, or that are fictitious or
be deposit liabilities of the bank; and fraudulent

2. Subject to the approval of the Board of 3. Deposit accounts or transactions
Directors, any insured bank which is constituting, and/or emanating from,
incorporated under the laws of the unsafe and unsound banking practice/s, as
Philippines which maintains a branch determined by the Corporation, in
outside the Philippines may elect to consultation with the BSP, after due notice
include for insurance its deposit and hearing, and publication of a cease
obligations payable only at such branch. and desist order issued by the Corporation
(As Amended by Sec. 2 R.A. 9576) against such deposit accounts or
transactions
Note: The approval of the Board shall be final and
executor, and may not be restrained or set aside by 4. Deposits that are determined to be the
the court, except on appropriate petition for proceeds of an unlawful activity as defined
certiorari on the ground that the action was taken in under R.A. 9160, as amended. (As
excess of jurisdiction or with such grave abuse of Amended by Sec. 2 R.A. 9576)
discretion as to amount to a lack or excess of
jurisdiction. The petition for certiorari may only be (4) EXTENT OF LIABILITY
filed within 30 days from notice of denial of claim for

deposit insurance. (As Amended by Sec. 2 R.A. 9576)
Q: What is the extent of the PDIC’s liability to a

bank depositor?
Q: Are deposits in foreign currency covered?

A: The amount due to any depositor for deposits
A: Deposit obligations in foreign currency of any
in an insured bank net of any obligation of the
insured bank are likewise insured.
depositor to the insured bank as of the date of

Note: Foreign currency deposits are covered under
closure, but not to exceed P500,00.00 per
the provisions of RA 3591, as amended, and depositor.
insurance payment shall be in the same currency in
which the insured deposits are denominated (Sec.9, (5) DETERMINATION OF INSURED DEPOSITS
RA 6426; Circular No. 1389, 1993).
Q: When and how shall PDIC commence the
(2) COMMENCEMENT OF LIABILITY determination of insured deposits?

Q: When will the liability by the Corporation to A: PDIC shall commence the determination of
pay insured deposits commence? insured deposits due the depositors of a closed
bank upon its actual takeover of the closed bank.
A: Whenever an insured bank shall have been PDIC shall give notice to the depositors of the
closed by the Monetary Board pursuant to closed bank of the insured deposits due them by
Section 30 (Proceedings in Receivership and whatever means deemed appropriated by the
Liquidation) of R.A. 7653, otherwise known as the Board of Directors. PDIC shall publish the notice
New Central Bank Act, payment of the insured once a week for at least 3 consecutive weeks in a
deposits on such closed bank shall be made by newspaper of general circulation or, when
the Corporation as soon as possible. (Sec 14 appropriate, in a newspaper circulated in the
R.A.3591, as amended) community or communities where the closed
bank or its branches are located. (Sec 16 R.A.
(3) DEPOSIT ACCOUNTS NOT ENTITLED TO 3591, as amended)
PAYMENT
(6) CALCULATION OF LIABILITY
Q: What are the deposits which are excluded
from PDIC coverage? (a) PER DEPOSITOR, PER CAPACITY RULE

A: Q: What are the types of deposits covered?
1. Investment products such as bonds and
securities, trust accounts, and other A: Demand, savings and time deposits. If the
similar instruments depositor has all three types of accounts with the
200
BANKING LAWS
same bank, he can only recover up to 1. A has P400,000 deposit – can recover
P500,000.00. He is considered as one depositor. P400,000
2. A has P200,000 deposit in 3 branches –
Q: Is the liability of PDIC on a per bank or per only P500,000
branch basis? 3. A has P200,000 deposit in 3 branches of
XYZ and another P200,000 deposit in 3
A: Per bank basis. (Catindig 2003, Verde branches of ABC – P500,000 on each bank
4. A and/or B P600,000 deposit – half
Publications)
(P300,000) each

Q: How do you determine the amount due to a Note: Individually‐owned accounts are insured
depositor? separately from joint accounts. If depositor made
more than 1 joint account, the maximum amount he
A: In determining such amount due to any can recover is only up to 250,000.
depositor, there shall be added together all
deposits in the bank maintained in the same right (c) MODE OF PAYMENT
and capacity for his benefit either in his own
name and the name of the others. Q: What are the modes of payment of an insured
deposit?
(b) JOINT ACCOUNTS
A:
Q: How is the amount due determined in case of 1. By cash; or
joint account? 2. By making available to each depositor a
transferred deposit in another insured
A: A joint account regardless of whether the bank in an amount equal to insured
conjunction “and,” “or,” “and/or” is used, shall be deposit of such depositor. (Sec. 14 R.A.
insured separately from any individually‐owned 3591, as amended)
deposit account: Provided, that:
Note: Provided: PDIC , in its discretion, may require
1. If the account is held jointly by two or proof of claims to be filed before paying the insured
more natural persons, or by two or deposits, and that in any case where PDIC is not
more juridical persons or entities, the satisfied as to the viability of a claim for an insured
maximum insured deposit shall be deposit, it may require final determination of a court
divided into as many equal shares as of competent jurisdiction before paying such claim.
there are individuals, juridical persons (Sec. 14 R.A. 3591, as amended)
or entities, unless a different sharing is
stipulated in the document of deposit; (d) EFFECT OF PAYMENT OF INSURED DEPOSIT
and
Q: What are the effects of payment to the
2. If the account is held by a juridical depositor of his insured deposit?
person or entity with one or more
natural persons, the maximum insured A:
shall be presumed to belong entirely to 1. PDIC is discharged from any further
such juridical person or entity. liability to the depositor; and
2. PDIC is subrogated to all the rights of
Note: The aggregate of the interests of each co‐ the depositor against the closed bank to
owner over several joint accounts, whether owned the extent of such payment.
by the same or different combinations of individuals,
juridical persons or entities, shall likewise be subject (e) PAYMENTS OF INSURED DEPOSITS AS
to the maximum insured deposit of P500,000.00. PREFERRED CREDIT UNDER ARTICLE 2244, CIVIL
CODE
The provisions of any law to the contrary
notwithstanding, no owner/holder of any negotiable Q: Are insured deposits paid by PDIC to the
certificate of deposit shall be recognized as a depositor/s preferred credits under Article 2244
depositor entitled to the rights provided in this Act
against the close bank?
unless his name is registered as owner/holder

thereof in the books of the issuing bank [Sec. 4 (g)].

A: Yes. All payments by PDIC of insured deposits
Illustration: in closed banks partake of the nature of public
funds, and as such, must be considered a
preferred credit similar to taxes due to the

201

National Government in the order of preference examination can be conducted within
under Article 2244 of the New Civil Code. (Sec. 15 12 months from the last examination
R.A. 3591, as amended) date; and

(f) FAILURE TO SETTLE CLAIM OF INSURED 2. PDIC, may, in coordination with the
DEPOSITOR Bangko Sentral, conduct a special
examination as the Board of Directors,
Q: What is the period by which PDIC shall settle by an affirmative vote of a majority of
a claim of insured depositor? all its members, if there is a threatened
or impending closure of a bank. (Sec 8
A: PDIC has 6 months from the date of filing of R.A. 3591, as amended)
claim for insured deposit.
Note: Prior approval of the Monetary Board is not
Q: What is the effect of failure to settle a claim necessary when PDIC conducts an investigation of
of insured depositor within the 6‐month period? banks. "Investigation" and "examination" are distinct
procedures under the charter of the PDIC and the BSP.
A: The power of investigation covers all fact‐finding
GR: Failure to settle the claim. Within 6 investigations on fraud, irregularities and/or anomalies
committed in banks that are conducted by PDIC based
months from the date of filing of claim for
on complaints from depositors or other government
insured deposit, where such failure was due
agencies and/or final reports of examinations of banks
to grave abuse of discretion, gross negligence, conducted by the Bangko Sentral ng Pilipinas and/or
bad faith, or malice, shall, upon conviction, PDIC. (PDIC vs. Philippine Countryside Rural Bank, Inc.,
subject the directors, officers or employees of G.R. No. 176438, January 24, 2011)
PDIC responsible for the delay, to
imprisonment from 6 months to one year. Q: When may PDIC exercise its power to inquire
or examine deposit accounts?
XPN: The period shall not apply if the validity
of the claim requires the resolution of issues A: PDIC may inquired into or examine deposit
of facts and or law by another office, body or accounts and all information related thereto in
agency. (Sec 14 R.A. 3591, as amended) case there is a finding of unsafe or unsound
banking practice. (Sec 8 R.A. 3591, as amended)
(g) FAILURE OF DEPOSITOR TO CLAIM INSURED
DEPOSITS Q: What are unsafe or unsound banking
practices?
Q: What is the period by which a depositor of
insured deposits may file his claim? A: They refer to actions or lack of actions which
are contrary to generally accepted standards of
A: 2 years from the closure of the bank by the prudent operation.
Central Bank.
Q: Does PDIC’s inquiry or examination of deposit
Q: What is the effect of the failure by a depositor accounts violate the laws regarding secrecy of
to claim insured deposit/s within the period bank deposits?
prescribed by law?
A: No. Notwithstanding the provisions of Secrecy
A: It constitutes a waiver of his (depositor) right of Bank Deposits, Foreign Currency Act, General
to claim if he fails to claim his insured deposits Banking Law, and other laws, PDIC and/or the
with the PDIC within 2 years from actual takeover Bangko Sentral, may inquire into or examine
of the closed bank by the receiver, unless deposit accounts in case there is a finding of
otherwise waived by PDIC. (Sec. 16(e) R.A. 3591, unsafe or unsound banking practice. (Section 8
as amended) R.A. 3591, as amended)

Q: When may PDIC exercise its power to Q: When does splitting of deposits occur?
examine banks?
A: Whenever a depositor’s deposit account
A: exceeds P500,000.00 is broken down and
1. PDIC may conduct examination of transferred into 2 or more accounts in the
banks with prior approval of the name/s of natural or juridical persons who have
Monetary Board. However, no no beneficial ownership on transferred deposits
202
BANKING LAWS
within 120 days immediately preceding or during
a bank‐declared bank holiday, or immediately
preceding a closure order by the Monetary Board
of the BSP for the purpose of availing of the
maximum deposit insurance coverage. (Sec
21(f)(5) R.A. 3591, as amended)

Q: What is the penalty for splitting of deposits?

A: The penalty of prision mayor or a fine of not
less than 50,000.00 but not more than
2,000,000.00, or both, at the discretion of the
court. (Sec. 21(f) R.A. 3591, as amended)

Q: What is rule regarding issuances of TROs, etc.
against PDIC for acts under R.A. 3591, as
amended?

A:
GR: No court, except the Court of Appeals,
shall issue any temporary restraining order,
preliminary injunction or preliminary
mandatory injunction against PDIC for any
action under R.A. 3591, as amended. Such
prohibition applies in all cases, disputes or
controversies instituted by a private party,
the insured bank, or any shareholder of the
insured bank.

XPN: The Supreme Court may issue a
restraining order or injunction when the
matter is of extreme urgency involving
constitutional issue, such that unless a
temporary restraining order is issued, grave
injustice and irreparable injury will arise.

203

UST Golden Notes - Banking Laws

Uploaded by

Copyright:

Available Formats

UST Golden Notes - Banking Laws

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

UST Golden Notes - Banking Laws

Uploaded by

Copyright:

Available Formats

UST GOLDEN NOTES 2011

3. Shall not, with the exception of validity of its closure, during the pendency of the

c. The monetary, fiscal or 1. Examination/inquiry/looking into all

C. BANK POWERS AND LIABILITIES same group of persons (Corporate

You might also like