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BANKING LAWS
GOVERNING LAW
Banking Institution are governed by the following laws: A. General banking laws #
General Banking Law (R.A. No. 8791) #. New Central Bank Act (R.A. No. 7653) B.
Special banking laws # New Rural Banks Act (R.A. No. 7353) # Private Development
Banks Act (R.A. No. 4093) # Savings and Loan Association Act (R.A. No. 3779) # .
Thrift Banks Act (R.A. No. 7906) C. Other laws affecting banks # Secrecy of Bank
Deposits Law (R.A. No. 1405) # Unclaimed Balances Law (Act No. 3936) # Philippine
Deposit Insurance Corporation Act (R.A. No. 3591) # The general banking laws above
mentioned are applicable to government banks like DBP and PNB. # The Al- Amanah
Islamic Bank is subject to all banking and pertinent laws. (Bar Review Materials
Miravite, 2002 ed.) in Commercial Law, Jorge BAR QUESTION: JOINT ACCOUNT VS.
PARTNERSHIP (2000) Distinguish joint account from partnership. (3%) SUGGESTED
ANSWER The following are the distinctions between joint account and partnership: 1)
A partnership has a firm name while a joint account has none and is conducted in
the name of the ostensible partner. 2) WHILE A PARTNERSHIP HAS JURIDICAL
PERSONALITY AND MAY SUE OR BE SUED UNDER ITS FIRM NAME, A JOINT ACCOUNT HAS NO
JURIDICAL PERSONALITY AND CAN SUE OR BE SUED ONLY IN THE NAME OF THE OSTENSIBLE
PARTNER. 3) While a partnership has a common fund, a joint account has none. 4)
While in a partnership, all general partners have the right of management, in a
joint account, the ostensible partner manages its business operations. 5) While
liquidations of a partnership may, by agreement, be entrusted to a partner or
partners, in joint account liquidation thereof can only be done by the ostensible
partner.

T HREE KINDS OF ENTITIES THAT INTRODUCE FUNDS INTO THE ECONOMY :

1. 2. 3. banks : entities that obtains funds from the public in the form of
deposits and re-lend it to the public; quasi-banks : those that obtain funds in the
form of deposit substitutes and re-lend the same and not from the public or
depositors. Finance companies and other financial intermediaries: those that lend
funds from their own assets.

BAR QUESTION: Theory of Cognition vs. Theory of Manifestation (1997) The Civil Code
adopts the theory of cognition, while the Code of Commerce generally recognizes the
theory of manifestation, in the perfection of contracts. How do these two theories
differ? SUGGESTED ANSWER: Under the theory of cognition, the acceptance is
considered to effectively bind the offeror only from the time it came to his
knowledge. Under the theory of manifestation, the contract is perfected at the
moment when the acceptance is declared or made by the offeree.

FIVE PERSONS PRIMARILY INTERESTED IN THE BUSINESS OF BANKING

1. 2. 3. 4. 5. Government Depositors Investors Creditors Borrowers

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GENERAL BANKING LAW OF 2000 (GBL) (RA No. 8791)

The certificate of authority shall not be issued unless the Monetary Board is
satisfied: 1. That all requirements of existing laws and regulations to engage in
the business for which the applicant is proposed to be incorporated have been
complied with; That the public interest and economic conditions, both general and
local, justify the authorization; and That the amount of the capital, the
financing, organization, direction and administration, as well as the integrity and
responsibility of the organizers and administrators, reasonably assure the safety
of deposits and the public interest (Sec. 14).

Purpose: To promote and maintain a stable and efficient banking and financial
system that is globally competitive, dynamic and responsive to the demands of a
developing economy (Sec. 2). Scope of Application: The GBL primarily governs
universal banks and commercial banks. It suppletorily governs thrift banks, rural
banks and other banking institutions.

2.

3.

GENERAL CONCEPTS
BANKS # # Entities engaged in the lending of funds obtained in the form of deposits
(Sec. 2) Entities duly authorized by the Monetary Board to engage in the business
of regularly lending funds obtained regularly from the public through the receipt
of deposits of any kind. An investment company that performs function as such is
NOT a bank. Thus an investment company that is engage solely in investing,
reinvesting or trading in securities is not engage in banking. ( Banas vs. Asia
Pacific Finance Corp., Oct. 18, 2000). However, an investment company which loans
out money of its customers, collects interest, and charges a commission to both
lender or borrower is engage in banking (Republic vs. Security Credit and
Acceptance Corp.)

Organization of a Bank or Quasi-Bank Requirements: 1. The entity is a stock

corporation; 2. Its funds are obtained from the public, i.e. 20 or more persons;
and 3. The minimum capital requirements prescribed by the Monetary Board are
satisfied (Sec. 8). Note: In Quasi banks, Deposit substitute are alternative forms
of obtaining funds for the public, other than deposit, through the issuance,
endorsement, or acceptance of debt instrument for the borrowers own account, for
the purpose of relending or purchasing of receivables and other obligations.in
banking or quasi-banking functions # # A person or entity cannot engage in banking
or quasi-banking functions without a certificate of authority from the BSP (Sec.
6). The determination of whether a person or entity is performing banking or quasi-
banking functions without BSP authority shall be decided by the Monetary Board.

QUASI-BANKS # Entities engaged in the borrowing of funds through the issuance,

endorsement or assignment with recourse or acceptance of deposit substitutes (Sec.
95) Entities authorized to perform universal or commercial banking functions may
also engage in quasi-banking functions.

NATURE OF BANKING BUSINESS

# Impressed with public interest where the trust and confidence of the public in
general is of paramount importance such that: 1. The appropriate standard of
diligence must be very high, if not the highest, degree of diligence; highest
degree of care (PCI Bank vs. CA, 350 SCRA 446, PBCom vs. CA, G.R. No. 121413, 29
Jan. 2001) # This applies only to cases where banks are acting in their fiduciary
capacity, that is, as depository of the deposits of their depositors (Reyes vs. CA,
G.R. No. 118492, 15 Aug. 2001). Subject to reasonable regulation under the police
power of the state.

FINANCIAL INTERMEDIARIES # Persons or entities whose principal functions include

the lending, investing or placement of funds on evidences of indebtedness or equity
deposited with them, acquired by them or otherwise coursed through them, either for
their own account or for the account of others.

ORGANIZATION AND OPERATION

A. Authority to Register/Incorporate # The SEC shall not register the articles of
incorporation of any bank or any amendment thereto unless accompanied by a
certificate of authority issued by the Monetary Board under its seal (Sec. 14). 2.

While an innocent mortgagee is not expected to conduct an exhaustive investigation

on the history of the mortgagors title, in case of a banking

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institution, it must exercise due diligence before entering into said contract, and
cannot rely upon on what is or is not annotated on the title. Reason: Before a loan
is approved, representatives are sent to the premises offered as collaterals so as
to investigate who the real owners are (DBP vs. CA, 331 SCRA 267). # The business
of a bank is one affected by public interest for which reason the bank should guard
against loss due to negligence and bad faith. It is expected to ascertain and
verify the identities of the persons it transacts business with (UCPB vs. Ramos,
G.R. No. 147800, November 11, 2003, Callejo, J.). Due diligence required of banks
extend even to persons, or institutions like the GSIS, regularly engaged in the
business of lending money secured by real estate mortgages (GSIS vs. Eduardo
Santiago, G.R. No. 155206. October 28, 2003).

cooperatives primarily to provide financial and credit services to cooperatives. It

shall include cooperative rural banks. They are governed primarily by the
Cooperative Code (RA 6938). 6. Islamic banks Banks whose business dealings and
activities are subject to the basic principles and rulings of Islamic Shari a,
such as the Al Amanah Islamic Investment Bank of the Philippines which was created
by RA 6848. Other classification of banks as determined by the Monetary Board of
the Bangko Sentral ng Pilipinas.

7.

ORDINARY CORPORATION May be a stock or non-stock corporation May issue par value or
no par value stocks. May be registered with the SEC without any certificate of
authority issued by a government agency. May purchase/acquire its own shares for a
legitimate corporate purpose; provided that, it has unrestricted retained earnings
in its books to cover the shares to be purchased/ acquired. Must be composed of 5
to 15 directors, each of whom shall own at least one (1) share of the capital stock
of the corporation. May declare dividends out of its unrestricted retained
earnings.

BANKING CORPORATION Must generally be a stock corporation Shall issue par value
stocks only (Sec. 9). Must secure a certificate of authority from the Monetary
Board before it can register with SEC.

CONSEQUENCES OF NATURE OF BUSINESS:

1. It is subject to heavy and close supervision and/or regulation by the BSP
(Central Bank of the Phils. v. CA, 208 SCRA 652). It is required to exercise utmost
diligence in the handling of deposits (Simex International Manila Inc., 183 SCRA
361). Special rules on strikes and lockouts: any strike or lockout involving banks,
if unsettled after 7 calendar days shall be reported by the BSP to the Sec. of
Labor who has 2 options: a. He may assume jurisdiction over and decide the dispute;
or b. certify it to the NLRC for compulsory arbitration

1. 2.

The President may also intervene at any time and assume jurisdiction over such
labor dispute in order to settle or terminate the same.

CLASSIFICATION OF BANKS (SEC. 3)

1. Universal banks - Primarily governed by the General Banking Law (GBL), can
exercise the powers of an investment house and invest in nonallied enterprises and
have the highest capitalization requirement. Commercial banks - Ordinary banks
governed by the GBL which have a lower capitalization requirement than universal
banks and can neither exercise the powers of an investment house nor invest in non-
allied enterprises. Thrift banks These are a) Savings and mortgage banks; b)
Stock savings and loan associations; c) Private development banks, which are
primarily governed by the Thrift Banks Act (R.A. 7906). Rural banks Mandated to
make needed credit available and readily accessible in the rural areas on
reasonable terms and which are primarily governed by the Rural Banks Act of 1992
(RA 7353). Cooperative banks Those banks organized whose majority shares are
owned and controlled by

May not purchase/ acquire its shares or accept them as security for a loan. Except:
when authorized by the Monetary Board. In such case, the bank must sell or dispose
of said shares within 6 months from the time of their acquisition (Sec. 10). Also
composed of 5 to 15 directors. In case of merger or consolidation, the number of
directors shall not exceed 21 (Sec. 17). May not declare dividends, if any of the
conditions set forth under Sec. 57 are present.

2.

3.

4.

5.

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UNIVERSAL BANK Authority to exercise additional powers other than those authorized
for commercial banks May invest in the equities of allied, whether financial or
non-financial, and non-allied enterprises (Sec. 24)

COMMERCIAL BANK No such powers additional

payment in legal tender upon demand by the presentation of checks (Sec. 58, NCBA).

EQUITY INVESTMENTS May only invest in equities of allied enterprises, whether

financial or non-financial
POINT OF DISTINCTION UNIVERSAL BANK (Sec. 24-28) COMML BANK (Sec. 30-32) Total
investment in allied enterprises Total investment in non-allied enterprises Equity
investment in any one enterprise 50% of net worth 50% of net worth 25% of net worth
25% of net worth (Allied only) Equity investment in financial allied enterprise:
thrift bank, rural bank or any financial allied enterprise (Sec. 25) A publicly-
listed bank may own up to 100% of the voting stock of only one other UB / CB (Sec.
25). 35% of net worth N/A

Powers 1. The powers authorized for a commercial bank; 2. The powers of an

investment house; and 3. The power to invest in non-allied enterprises (Sec. 23).
1. General powers incident to corporations 2. Such powers as may be necessary to
carry on the business of commercial banking: a. Accepting drafts and issuing letter
of credits; b. Discounting and negotiating promissory notes, drafts, bills of
exchange and other evidence of debt; c. Accepting or creating demand deposits;
receiving other types of deposits and deposit substitutes; d. Buying and selling
foreign exchange and other debt securities; e. Extending credit. (Sec. 29)

100% of equity

100% of equity

y In other financial allied enterprises, investment shall remain a minority holding

(Sec. 31).

Equity investment in non-financial allied enterprises

100% of equity

100% of equity

UNIVERSAL & COMMERCIAL BANK Authorized to engage in quasi-banking functions without

need for approval May accept or create demand deposits without need for approval
Demand deposits Liabilities of the BSP and of other banks which are denominated in
Philippine currency and are subject to

OTHER BANKS Not so authorized

Equity investment in a single non-allied enterprise

Must seek approval of Monetary Board before accepting or creating demand deposits.
(Sec. 33)

Shall not exceed 35% of the total equity in that enterprise nor shall it exceed 35%
of the voting stock in that enterprise

N/A
Equity investment Quasi-Banks

in 40% 40%

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Allied Enterprises those entities which enhance or complement banking Non-

Financial Allied Enterprises pertains to activities that do not involve money
matters (such as warehousing, safety deposit boxes) NET WORTH The total of the
unimpaired paid-in capital including paid-in surplus, retained earnings and
undivided profit, net valuation reserves and other adjustments as may be required
by the Bangko Sentral (Sec. 24).

FUNCTIONS OF BANKS
BASIC FUNCTIONS:
1. Loan Function 2. Deposit Function

OTHER FUNCTIONS
Universal banks and commercial banks may also exercise any of the following
functions: a. Receive in custody funds, documents and valuable objects; b. Act as
financial agent and buy and sell, by order of and for the account of their
customer, shares, evidences of indebtedness and types of securities; c. Make
collection and payments for the account of others and perform such other services
for their customer as are not incompatible with banking business; d. Upon prior
approval of the Monetary Board, act as managing agent, adviser, consultant or
administrator of investment management/ advisory/consultancy accounts; and e. Rent
out safety deposit boxes. # The depositary would be liable if in performing its
obligation it is found guilty of fraud, negligence; in the absence of any
stipulation prescribing the degree of diligence required, that of a good father of
the family is to be observed. Any stipulation exempting the depositary from any
liability arising from loss on account of fraud, negligence would be void for being
contrary to public policy (CA-Agro Devt vs. CA, 219 SCRA 426, March 5, 1993).
Note: The bank acting as depositary or as an agent shall keep the funds, securities
and other effects which it receives duly separated from its own assets and
liabilities. (Sec. 53)

RISKBASED CAPITAL
# The minimum ratio prescribed by the Monetary Board which the net worth of a bank
must bear to its total risk assets which may include contingent accounts. However,
the Monetary Board may require or suspend compliance with such ratio whenever
necessary for a maximum period of one year; PROVIDED that, such ratio shall be
applied uniformly to banks of the same category (Sec. 34). Effect of non-compliance
with the prescribed minimum ratio: 1. Distribution of net profits may be limited or
prohibited and MB may require that part or all of the net profits be used to
increase the capital accounts of the bank until the minimum requirement has been
met; or 2. Acquisition of major assets and making of new investments may be
restricted. EXCEPT: purchases of evidence of indebtedness guaranteed by the
Government (Sec. 34). 3. In case of a bank merger or consolidation, or when a bank
is under rehabilitation under a program approved by BSP, the MB may temporarily
relieve the surviving bank, consolidated bank, or constituent bank or corporations
under rehabilitation from full compliance with the required capital ratio.

A. LOAN FUNCTION
Requirement for Grant of Loans Before granting a loan, a bank must ascertain that
the debtor is capable of fulfilling his commitments to the bank. Rules: 1. A bank
may demand from its applicants a statement of their assets and liabilities and of
their income and expenditures and other information. Should such statements prove
to be false or incorrect, the bank may terminate any loan granted on the basis of
said statements and shall have the right to demand immediate repayment or
liquidation of obligation (Sec. 40).

Effects of non-compliance with the prescribed minimum ratio: 1. Distribution of net

profits may be limited or prohibited and MB may require that part or all of the net
profits be used to increase the capital accounts of the bank until the minimum
requirement has been met; or 2. Acquisition of major assets and making of new
investments may be restricted. EXCEPT: purchases of evidence of indebtedness
guaranteed by the Government. 3. In case of a bank merger or consolidation, or when
a bank is under rehabilitation under a program approved by BSP, the MB may
temporarily relieve the surviving bank, consolidated bank, or constituent bank or
corporations under rehabilitation from full compliance with the required capital
ratio.

2.

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2. Classification of Loans UNCLASSIFIED LOANS Those that do not have a

greaterthan normal risk and the borrower have apparent ability to satisfy it in
full and no loss in ultimate collection is anticipated. CLASSIFIED LOANS Those that
have extraordinary risks of loss in collection due to some defects such as bad
debts or those under litigation.

DOSRI Accounts (Directors, Stockholders, and Related Interests)

Officers,

Requisites (BSP Circular No. 170): a. The borrower is director, officer, or any
stockholder of a bank and related interest. b. He contracts a loan or any form of
financial accommodation c. The loan or financial accommodation is from (1) his bank
or (2) a bank that is a subsidiary of a bank holding company of which both his bank
and lending bank are subsidiaries, (3) a bank in which a controlling proportion of
the shares is owned by the same interest that owns a controlling proportion of the
shares of his bank; and d. The loan or financial accommodation of the DOS, singly
or with that of his related interest, is in excess of 5% of the capital and surplus
of the lending bank or in the maximum amount permitted by law, whichever is lower.
Who are covered (BSP Circular No. 170): 1. Directors Directors of the lending
bank 2. 3. Officers Either identified in the by-laws or are generally known as
such Stockholders those whose stockholdings, individually and/or together with
any of the following persons, amount to 2% or more of the total subscribed capital
stock of the bank: a. His spouse or relative within the first degree of
affinity/consanguinity or relative by legal adoption, partnership wherein any of
the foregoing is a general partner; and b. A co-owner, with the stockholder or the
stockholders spouse, or relative mentioned above, of property/right/interest
(mortgaged, pledged or assigned to secure the loan or credit accommodations, except
when the mortgage, pledge or assignment covers only said co-owners undivided
interest.

Limit on loans, credit accommodations and guarantees (Sec. 35)

1. b. Single Borrowers Limit (SBL) Rules The total amount of loans extended by a
bank to any person, partnership, association, corporation or other entity shall at
no time exceed 20% of the net worth of such bank. The total amount of loans may be
increased by an additional 10% of the net worth of such bank provided the
additional liabilities of any borrower are adequately secured by trust receipts,
shipping documents, warehouse receipts or other similar documents transferring or
securing title covering readily marketable, non-perishable goods which must be
fully covered by insurance;

c.

Exclusions (NON-RISK LOANS): 1. Loans secured by obligations of the Bangko Sentral

or the Philippine Government; 2. Loans fully guaranteed by the government; 3. Loans
covered by assignment of deposits maintained in the lending bank and held in the
Philippines; 4. Loans, credit accommodations and acceptances under letters of
credit to the extent covered by margin deposits; and 5. Other loans or credit
accommodations which the MB may specify as non-risk items.

Joint and Solidary Signature (JSS) Practice

A common banking practice requiring as an additional security for a loan granted to
a corporation the joint and Solidary signature of a major stockholder or corporate
officer of the borrowing corporation (Security Bank vs. Cuenca, 341 SCRA 781).
Reasons: a. In case of default, creditors recourse is not limited to corporate
properties but extends to personal assets of the surety; b. Surety would be
compelled to ensure that the loan would be used for the purpose intended. Note:
While R.A. 8791 provides for the rates of 20% and 10% respectively, the Bangko
Sentral has not yet implemented such rates. The prevailing rates are 25% and 15%
respectively.

4. Related Interest a. Spouse, relatives within first degree of consanguinity or

affinity, or relative by legal adoption of a DOS, partnerships of which a DOS or
any of the foregoing is a general partner. b. Co-owner, with the DOS or his spouse
or relative within the first degree of consanguinity or affinity, or relative by
legal adoption, of the property/interest/ right mortgaged, pledged, assigned to
secure the loans or credit accommodations, except when the mortgage, pledge or
assignment covers only said coowners undivided interest. c. Corporation with
inter-locking directors or where 20% of the capital stock is owned by the DOS
and/or their spouses or relatives mentioned above, or wholly or majority owned or
controlled by any related entity or a group of related entities in items (b), (d),
and (e).

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Restrictions under the GBL and NCBA:

a. No director or officer of any bank shall, directly or indirectly, borrow from
such bank nor shall be guarantor, endorser or surety for loans from such bank to
others, or in any manner be an obligor or incur any contractual liability to the
bank, except with the written approval of the majority of all the directors of the
bank, excluding the director concerned. The written approval shall not be required
for loans granted to officers under a fringe benefit plan approved by the Bangko
Sentral. b. Dealings of a bank with any of its DOSRI shall be upon terms not less
favorable to the bank than those offered to others (ARMS LENGTH RULE). c. Loans
extended to DOSRI shall be limited to an amount equivalent to their respective
unencumbered deposits and book value of their paid-in capital contribution in the
bank. Except: i. Loans, credit accommodations, and guarantees secured by assets
considered as non-risk by the Monetary Board. ii. Loans, credit accommodations, and
advances to officers in the form of fringe benefits. iii. Cooperative banks with
regard to their cooperative shareholders. d. The resolution approving the loan
shall be entered in the records of the bank and transmitted to the BSP. e. Waiver
of secrecy of deposits of whatever nature in all banks in the Philippines by the
borrower. No waiver is required if the related interests are the borrower. f.
Information obtained from examination is strictly confidential. Rules on amount of
secured loans Those secured by real estate shall not exceed 75% of the appraised
value of the real estate security, plus 60% of the appraised value of the insured
improvements (Sec. 37). Those secured by chattels and intangible properties (such
as patents, trademarks, trade names and copyrights) shall not exceed 75% of the
appraised value of the security (Sec. 38).

Section 36 of the General Banking Law of 2000 does not entirely prohibit directors
or officers of the bank, directly or indirectly, from borrowing from the bank. In
this case, Pio is the president of Western Bank, which makes him an officer,
director and stockholder of the said bank. The General Banking Law provides for
additional restrictions to the bank before it can lend to its directors or
officers. A written approval of the majority vote of all the directors of the bank,
excluding the director concerned, is required. Furthermore, such dealings must be
upon terms not less favorable to the bank than those offered to others (Section
1326, Central Bank's "Manual of Regulations for Banks and Other Financial
Intermediaries, cited in Ranioso v. CA, G.R. No. 117416, December 8, 2000). A
violation of this provision will cause his or her position to be declared vacant
and the erring director or officer subjected to the penal provisions of the New
Central Bank Act.

COLLATERALS
1. Value of collaterals The loan shall not exceed 75% of the appraised value of the
real property plus 60% of the appraised value of the improvements or 75% of the
appraised value of the chattel ( Secs. 37 & 38, GBL )

B. DEPOSIT FUNCTION
Kinds of Deposits between a Bank and its Depositor
1. As debtor-creditor a. Savings b. Time c. Demand Characteristics: i. In the
nature of irregular deposits (Serrano vs. Central Bank, 96 SCRA 96) ii. Contract of
loan/mutuum with the depositor as creditor iii. Bank acquires ownership of the
thing deposited and the right to use and dispose iv. Money deposited is commingled
with the other money, constituting a common fund. v. Not preferred credits (Central
Bank vs. Morfe, 20 SCRA 507). As lessor-lessee a. Safety deposit boxes the
relation between a bank renting out safety deposit boxes and its customer with
respect to the contents of the box is that of a bailor and bailee the bailment
for hire and mutual benefit has been adopted in this jurisdiction. It cannot be
considered as a contract of lease because the full possession and control of the
safety deposit box is not given to the renters (Sia vs. CA, 222 SCRA 24 [1993]). As
trustee-trustor a. Trust account As bailee-bailor

3. a.

b.

2.

BAR QUESTION: BANKS; RESTRICTIONS ON LOAN ACCOMMODATIONS (2006) Pio is the

president of Western Bank. His wife applied for a loan with the said bank to
finance an internet cafe. The loan officer told her that her application will not
be approved because the grant of loans to related interests of bank directors,
officers, and stockholders is prohibited by the General Banking Law. Explain
whether the loan officer is correct. (5%) SUGGESTED ANSWER:

3. 4.

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a. 5.

Deposit strictly for safekeeping and for specific purposes

As agent-principal: a. Deposit of check for collection b. Deposit for specific

purpose c. Deposit for safekeeping NOW ACCOUNTS (Negotiable Order of Withdrawal)
Interest bearing deposit accounts that combine the payable on demand feature of
checks and investment feature of savings account. TIME DEPOSITS

Depositors:
1. Minors : a. at least seven years of age b. able to read and write c. not
disqualified by any incapacity d. it should only be savings or time deposits

An account with fixed term

Note: Parents may deposit for their minor children or wards (Sec.1 PD No.734) # If
the guardian shall give notice in writing to any thrift bank not to make payments
of deposits, dividends, or interest to the minor of whom he is the guardian, then
such payment shall be made to the guardian. (Sec. 22, Thrift Banks Act of 1995) #
Married Women are allowed to open bank accounts without assistance of their
husbands (RA No. 7192

Kinds of Deposits
Note: DEMAND DEPOSITS Only a universal or commercial bank can accept or create
demand deposits. A bank other than a universal bank or commercial bank CANNOT
accept demand deposit SAVINGS ACCOUNT Evidenced passbook. by a # # Demand, savings,
NOW accounts, time deposits and deposit substitutes shall not be subject to
interest ceilings. A bank other than a universal or commercial bank must seek
approval of Monetary Board before accepting or creating demand deposits. (Sec. 33)

Banks are prohibited from issuing / accepting withdrawal slips or other similar
instruments to effect withdrawals without the passbooks except for bank authorized
by the BSP to adopt the no passbook withdrawal system. A bank is negligent if it
allows the withdrawal without requiring the presentation of a passbook. (BPI v. CA)

# Anonymous accounts are prohibited. ( R.A. No 9160 as amended by RA 9194; BSP

Circular No. 251, July 21, 2000) exception: Foreign currency deposits may be a
numbered account. However, the law requires that the necessary measures are
undertaken by the bank to record and establish the true identity of the depositor.
# Joint account may be the subject of a survivorship agreement whereby the co-
depositor agree to permit either of them to withdraw the whole deposit during their
lifetime and transferring the balance to the survivor upon the death of one of them
( Vitug vs, CA., March 29, 1990)

Temporary overdrawing against current accounts shall not be allowed unless caused
by normal bank charges and other fees incidental to handling such accounts.
Drawings against uncollected deposits (uncleared checks) are generally prohibited.

Types of deposit accounts

(Handbook on Bank Deposits, A. Viray, 1998 ed.) 1. 2. Individual Joint a. And
account # Co-ownership # The signatures of both co-depositors are required for
withdrawals. b. And/or account

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Either one of the co-depositors may deposit and withdraw from the account without
the knowledge, consent and signature of the other. And upon the death of one, the
survivor may withdraw the entire balance on deposit. The account may be deemed a
survivorship agreement depending on the intention of the parties; aleatory contract
supported by a lawful consideration which is valid unless when made as a mere cloak
to hide an inofficious donation, to transfer property in fraud of creditors, or to
defeat the legitime of a forced heir (Rivera vs. Peoples Bank and Trust Co., 73
Phil. 546 [1942]).

In case a bank or quasi-bank notifies the Bangko Sentral or publicly announces a

bank holiday, or in any manner suspends the payment of its deposit liabilities
continuously for more than 30 days, the Monetary Board may summarily and without
need for prior hearing close such banking institution and place it under
receivership of the Philippine Deposit Insurance Corporation (Sec. 53). # The
depositary would be liable if in performing its obligation it is found guilty of
fraud, negligence; in the absence of any stipulation prescribing the degree of
diligence required, that of a good father of the family is to be observed. Any
stipulation exempting the depositary from any liability arising from loss on
account of fraud, negligence would be void for being contrary to public policy (CA-
Agro Devt vs. CA, 219 SCRA 426, March 5, 1993).

Deposit substitutes
An alternative form of obtaining funds from the public, other than deposits,
through the issuance, endorsement, or acceptance of debt instruments for the
borrowers own account, for the purpose of re-lending or purchasing of receivables
and other obligations (Sec. 95, RA 7653). DEPOSIT No security given to guarantee
repayment; the depositor relies on the stability and reputation of the bank.
DEPOSIT SUBSTITUTE Guaranteed by certificates and other instruments. (Handbook on
Bank Deposits, A. Viray, 1998 ed.)

Note: The bank shall act as depositary or as an agent shall keep the funds,
securities and other effects which it receives duly separated from its own assets
and liabilities (Sec. 53)

PROHIBITIONS
A. ON BANKS:
1. 2. To directly act as insurer (Sec. 54) For banks or quasi-banks to declare
dividends, if at the time of declaration: a. its clearing account with the Bangko
Sentral is overdrawn; b. it is deficient in the required liquidity floor for
government deposits for 5 or more consecutive days; it does not comply with the
liquidity standards/ratios prescribed by the Bangko Sentral for purposes of
determining funds available for dividend declaration; or It has committed a major
violation as may be determined by the Bangko Sentral (Sec. 57).

A bank has the right to set-off the deposits in its hands for the payment of any
outstanding indebtedness to it on the part of the depositor (Gullas vs. PNB, 62
Phil. 519; PNB vs. CA, 272 SCRA 291). The fiduciary nature of a bank-depositor
relationship does not convert the contract between the bank and its depositors from
a simple loan to a trust agreement, whether express or implied. Failure by the bank
to pay the depositor is failure to pay a simple loan and not a breach of trust. The
law simply imposes on the bank a higher standard of integrity and performance in
complying with its obligations under the contract of simple loan, beyond those
required of non-bank debtors, under a similar contract of simple loan (CBTC vs. CA,
G.R. No. 138569, September 11, 2003). This fiduciary relationship means that the
banks obligation to observe high standards of integrity and performance is
deemed written into every deposit agreement between a bank and its depositor. The
fiduciary nature of banking requires banks to assume a degree of diligence higher
than that of a good father of a family (CBTC vs. CA, Ibid.).

c.

d. 3. 4. 5. 6.

To conduct business in an unsafe or unsound manner (Sec. 56); Publication of

capital stock (Sec. 62); Unauthorized advertisement representation (Sec. 64); or or
business

To employ casual or non-regular personnel or too lengthy probationary personnel in

the conduct of its business involving bank deposits (Sec. 55). Rationale: To
prevent violation of Bank Secrecy Law.

Suspension of Payment on its Deposit Liabilities

B. ON DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OF BANKS:

1. Make false entries in any bank report or statement or participate in any
fraudulent transaction;

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2.

Without order of a court of component jurisdiction, disclose to any unauthorized

person any information relative to the funds or properties in the custody of the
bank belonging to private individuals, corporations, or any other entity;

4.

Offer any director, officer, employee or agent of a bank any gift, fee, commission,
or any other form of compensation in order to influence such persons into approving
a loan or other credit accommodation application.

3. Accept gifts or any other form of remuneration in connection with the approval
of a loan or other credit accommodation from said bank; 4. Overvalue or aid in
overvaluing any security for the purpose of influencing in any way the actions of
the bank or any bank; or Outsource inherent banking functions a bank cannot
engage the services of another entity to receive deposits on its behalf; the bank
has to do it by itself. Rationale: To prevent violation of Bank Secrecy Law
(Handbook on Bank Deposits, A. Viray, 1998 ed.). # However, a bank may outsource,
upon prior approval of the Monetary Board the following functions:

D. ON EXAMINERS, BSP OR GOVERNMENT

OFFICERS AND EMPLOYEES ASSIGNED TO SUPERVISE, EXAMINE, ASSIST OR RENDER TECHNICAL
ASSISTANCE TO ANY BANK: Commit any of the acts enumerated in Sec. 55 or aid in the
commission of the same. # The making of false reports or misrepresentations or
suppression of material facts by personnel of the BSP shall constitute fraud and
shall be subject to administrative and criminal sanctions.

5.

CONDUCTING BUSINESS IN AN UNSAFE OR UNSOUND MANNER (SEC. 56)

In determining whether a particular act or omission, which is not otherwise
prohibited by law, rule or regulation affecting banks, quasi-banks, or trust
entities, may be deemed as conducting business in an unsafe or unsound manner, the
MB shall consider any of the following circumstances: 1. The act or omission has
resulted or may result in material loss or damage, or abnormal risk or danger to
the safety, stability, liquidity or solvency of the institution; 2. The act or
omission has resulted or may result in material loss or damage, or abnormal risk to
the institutions depositors, creditors, investors, and stockholders or to the BSP
or to the public in general; The act or omission has caused any undue injury, or
has given any unwarranted benefits, advantage or preference to the bank or any
party in the discharge by the director or officer of his duties and
responsibilities through manifest partiality, evident bad faith or gross
inexcusable negligence; The act or omission involves entering into any contract or
transaction manifestly and grossly disadvantageous to the bank, quasi-bank or trust
entity, whether or not the director or officer profited or will profit thereby.

a.

All information technology systems and processes, except for certain functions
affecting the ability of the bank to ensure the fit of technology services deployed
to meet its strategic and business objectives and comply with pertinent laws and
regulations; b. Data imaging, storage, and other related systems; c. Clearing and
processing of checks not included in the Philippine Clearing House System; d.
Printing of bank statements; e. Credit card services; f. Printing of bank loan
statements and other non-deposit records, bank forms and promotional materials; g.
Credit investigation and collection; h. Processing of export, import and other
trading transactions;. i. Transfer agent services for debt and equity services; j.
Property appraisal; k. Property management services; l. Messenger, courier and
postal services; m. Security guard services; n. Vehicle service contracts o.
Janitorial services; p. Other services as determined by the Monetary Board.

3.

4.

C. ON BORROWERS:
1. 2. Fraudulently overvalue property offered as security for a loan from the bank;
Furnish false or make misrepresentations or suppression of material facts for the
purpose of obtaining, renewing, or increasing a loan or extending the period
thereof; Attempt to defraud the said bank in the event of a court action to recover
a loan or other credit accommodation; or 1. #

OWNERSHIP OF STOCKS OF A DOMESTIC BANK

Filipino In case of a Filipino individual or a domestic nonbank corporation, each
may own up to 40% of the outstanding voting stock of a local bank. Foreign Foreign
individuals and non-bank corporations may own or control up to an aggregate of 40%
of the voting stock of a domestic bank.

3.

2. #

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The percentage of foreign-owned voting stocks in a bank shall be determined:

(GRANDFATHER RULE) a. If individuals: by the citizenship of the individuals b. If
corporations: by the citizenship of the controlling stockholders of the
corporation, irrespective of the place of incorporation (Sec. 11).

1.

Entry: Governed by the provisions of the Foreign Bank Liberalization Act and the
Offshore Banking System Decree (Sec. 72) Revocation of license to do business in
the Philippines: The Monetary Board may revoke such license on the grounds that the
foreign bank is insolvent or in imminent danger thereof or that its continuance in
business will involve probable loss to those transacting business with it (Sec.
78).

2.

ACT LIBERALIZING ENTRY OF FOREIGN BANKS (R.A. NO. 7721)

The Monetary Board authorizes foreign banks to operate through any of the following
modes of entry: 1. By acquiring, purchasing or owning up 60% of the voting stock of
an existing bank; to

S TOCKHOLDINGS OF F AMILY GROUPS OR R ELATED I NTEREST

# The law does not prohibit ownership of the stock by members of the same family or
related interest. However, the law provides that stockholdings of individuals
related to each other within the 4th degree of consanguinity or affinity,
legitimate or common law, shall be considered family groups or related interest and
must be fully disclosed in all transaction by such individual with the bank. (Sec
12, GBL) # Two or more corporations owned and controlled by the same family group
or same group of person shall be considered related interest and must be fully
disclosed in all transaction by such corporations or related group of person with
the bank. (Sec 13, GBL) # Unlike the former law, the GBL does NOT impose a limit on
the number of shares that can be owned by the same family or related interest.
However this should not be without prejudice to the 40% restriction imposed by Sec
11of the GBL.

2.

By investing in up to 60% of the voting stock of a new banking subsidiary

incorporated under laws of Philippines;

3.

By establishing branches with full banking authority, provided: a. foreign bank may
avail itself of only one mode of entry; and b. Foreign bank or Philippine
corporation may own up to 60% of the voting stock of only one domestic bank or new
banking subsidiary (Sec. 2).

Entries under the second and third modes are restricted to banks which are among
the top 150 foreign banks in the world or top 5 banks in their country of origin.
MINIMUM CAPITALIZATION: #

OWNERSHIP OF REAL PROPERTY

GENERAL RULE: A bank cannot acquire and own real property. Rationale: Banks are not
engaged in the business of acquiring and possessing real property. Also, banks must
maintain liquidity at all times to enable it to perform its functions. Thus, banks
must as much as possible retain only assets that are easily marketable. EXCEPTIONS:
1. As shall be necessary for its own use in the conduct of its business, provided:
a. The total investment in such real estate and improvements shall not exceed 50%
of the combined capital accounts; and b. the equity investment of a bank in another
corporation engaged primarily in real estate shall be considered as part of the
bank's total investment in real estate, unless otherwise provided by the Monetary
Board (Sec. 51).

1.

For locally incorporated subsidiaries equal to that of domestic banks of the same
category

2.

For foreign bank branches not less than the US$ equivalent of P210M

Amendments introduced by GBL 2000 1. Within seven years from effectivity of the GBL
(June 13, 2000), foreign banks may be allowed to own up to 100% equity of only one
domestic bank as a mode of entry if authorized by the Monetary Board (Sec. 73,
GBL). 2. Other foreign individuals and non-bank corporations may own up to 40% of
the voting stock of a domestic bank; the nationality of the controlling
shareholders of the non-bank corporations will be traced to determine the foreign
ownership of the domestic bank (Sec. 11, GBL).

2.

FOREIGN BANKS (SECS. 72 78)

As mortgaged to it in good faith by way of security for debts, conveyed to it in

satisfaction of a debt previously contracted in the course of its dealings, and
such as it shall purchase at forced sales or to

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secure debts; provided, however, that property acquired under such circumstances
shall be disposed of by the bank within a period of 5 years; provided that the bank
may after said period continue to hold the property for its own use, subject to (1)
(Sec. 52).

vs. CA, 321 SCRA 83); thus, converting it to conventional redemption or by estoppel
if the extension was unilaterally made.

RULES ON FORECLOSURE OF A REAL ESTATE MORTGAGE BY A MORTGAGEE-BANK

Application: Judicial or extrajudicial foreclosure JUDICIAL EXTRAJUDICIAL Fit and
Proper Rule

DIRECTORS & OFFICERS

Right of redemption Within 1 year from registration of the foreclosure sale

(exception to Rule 68) 1. Mortgagor is a natural person Within one year after the
registration of sale with the Register of Deeds (Sec. 1(3) SC Cir. AM No. 99-10-05)
2. Mortgagor is a juridical person At any time before the registration of the
certificate of foreclosure sale which in no case shall be more than 3 months after
foreclosure, whichever is earlier. Redemption price: Amount due under the mortgage
deed + interest + all the cost and expenses incurred by the bank or institution
from the sale and custody of the property less the derived income (Sec 78; Union
Bank vs. CA, GR 134068, June 25, 2001) Right of purchaser to possess property:
Immediately after the date of the confirmation of the auction sale.

To maintain the quality of bank management and afford better protection to

depositors and the public, in general, the Monetary Board shall prescribe, pass
upon and review the qualifications and disqualifications of individuals elected or
appointed as bank directors or officers and disqualify those found unfit (Sec. 16)
Independent Director A person other than an officer or employee of the bank, its
subsidiaries or affiliates or related interests. Prohibition on Public Officials
GENERAL RULE: No appointive or elective official, whether full-time or part-time,
shall, at the same time, serve as an officer of any private bank (Sec. 19).
EXCEPTIONS: 1. As otherwise provided under Sec. 5 of the Rural Bank Act 2. Where
such service is incidental to financial assistance provided by the government-owned
or controlled corporation to the bank 3. As otherwise provided under existing laws.
# A bank holding out its officers and agents as worthy of confidence will not be
permitted to profit by the frauds they may thus be enabled to perpetrate in the
apparent scope of their employment; nor will it be permitted to shirk from its
responsibility for such frauds, even though no benefit may accrue to the bank
therefrom (10 Am Jur 2d, p. 114). Accordingly, a banking corporation is liable to
innocent third persons where the representation is made in the course of its
business by an agent acting within the general scope of his authority even though,
in the particular case, the agent is secretly abusing his authority and attempting
to perpetrate a fraud upon his principal or some other person, for his own ultimate
benefit (Philippine Banking Corp. vs. CA and Marcos, G.R. No. 127469. January 15,
2004).

To enjoin or restrain the conduct of foreclosure proceedings, the petitioner must

file a bond conditioned that he will pay all the damages which the bank may suffer
by the injunction (Sec. 47). A bank may be bound by an agreement providing for a
longer redemption period (Ibaan Rural Bank

TRUST OPERATIONS (SECS. 79-93)

# Only a stock corporation or a person duly authorized by the Monetary Board shall
act as a trustee or administer any trust or hold property in trust or on deposit
for the use, benefit, or behalf of others (Sec. 79)

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4. Trust Business- any activity resulting from a trustortrustee relationship

involving the appointment of a trustee by a trustor for the administration,
holding, management of funds and/or properties of the trustor by the trustee for
the use, benefit, advantage of trustor or others called beneficiaries.

Dissolution of the corporation by quo warranto proceedings

THE NEW CENTRAL BANK ACT (NCBA)

Powers of trust entities: 1. Act as trustee on any mortgage or bond issued by any
municipality, corporation or body politic and to accept and execute any trust
consistent with law 2. Act under the order or appointment of any court as guardian,
receiver, trustee, or depositary of the estate of any minor or incompetent person,
and as receiver and depositary of any money paid into court by parties to any legal
proceedings

(R.A. No. 7653)

Purpose: To maintain a central monetary authority that shall function and operate
as an independent and accountable body in the discharge of its responsibilities
concerning money, banking and credit.

3. Act as the executor of any will when it is named the executor thereof 4. Act as
administrator of the estate of any deceased person, with the will annexed, or when
there is no will 5. Accept and execute any trust for the holding, management and
administration of any estate, real or personal, and the rents, issues, and profits
thereof 6. Establish and manage common trust funds (Sec. 83)

BANGKO SENTRAL NG PILIPINAS (BSP)

The states central monetary authority; it is the government agency charged with
the responsibility of administering the monetary, banking and credit system of the
country and is granted the power of supervision and examination over bank and non-
bank financial institutions performing quasi-banking functions, including savings
and loan associations (Busuego vs. CA, 151 SCRA 376 [1987]).

Prohibitions: 1. No trust entity shall, for account of the trustor or the

beneficiary of the trust, purchase or acquire property from, or sell, transfer,
assign or lend money or property to, purchase debt from instruments of, any of the
departments, directors, officers, stockholders or employees of the trust entity,
including relatives within the 1st degree of consanguinity or affinity, or the
related interests, of such directors, officers and stockholders, unless the
transaction is specifically authorized by the trustor and the relationship of the
trustee and the other party involved in the transaction is fully disclosed to the
trustor or beneficiary of the trust prior to the transaction (Sec. 80, GBL). 2. The
trust business and all funds, properties or securities received by any trust entity
as executor, administrator, guardian, trustee, receiver or depositary shall be kept
separate and distinct from the general business, including all other funds,
properties, and assets, of such trust entity (Sec. 87, GBL).

P RIMARY OBJECTIVES :
1. To maintain price stability conducive to a balanced and sustainable growth of
the economy. To promote and maintain monetary stability and the convertibility of
the peso.

2.

R ESPONSIBILITIES :
1. To provide policy directions in the areas of money, banking, and credit To
supervise bank operations To regulate the operations of finance companies and non-
bank financial institutions performing quasi-banking functions, and similar
institutions (Sec. 3)

2. 3.

P OWERS / FUNCTIONS :
1. Issuer of currency (Sec. 49-60) Custodian of reserves (Secs. 64-66, 94, 103)
Clearing channel or house; especially where the PCHC does not operate (Sec. 102)
Banker of the government the BSP shall be the official depository of the
Government and shall

PENALTIES FOR VIOLATION OF THE GBL (SEC. 66)

1. As provided by specific provisions 2. Sections 34-37 of RA 7653 (by excluding
the bank from clearing) 3. Suspension or removal of the director or officer

2. 3.

4.

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represent it in all monetary fund dealings (Secs. 110- 116) 5. Financial advisor of
the government (Secs. 123124) Under Article VII, Sec. 20 of the 1987
Constitution, the President may contract or guarantee foreign loans but with the
prior concurrence of the Monetary Board. Source of credit (Secs. 61-63, 81-89, 109)
Supervisor of the banking system (Sec. 25) shall include the power to: a.
Examine, extending to enterprises wholly or majority-owned or controlled by the
bank (Sec. 7, RA 8791); this power may not be restrained by a writ of injunction
unless there is convincing proof that the action of the BSP is plainly arbitrary
(Sec. 25) b. Place a bank under receivership or liquidation (Sec. 30) c. Initiate
criminal prosecution of erring officers of banks Government agent (Secs. 117-122)

Bangko Sentral, in which case such member shall resign from, and divest himself of
any and all interests in such institution before assumption of office (Sec. 9); 2.
those coming from the private sector shall not hold any other public office or
public employment during their tenure (Sec. 9); cannot be connected directly with
any multilateral banking or financial institution or has a substantial interest in
any private bank in the Philippines, within one (1) year prior to his appointment
(Sec. 9); cannot be employed in any such institution within two (2) years after the
expiration of his term except when he serves as an official representative of the
Philippine Government to such institution (Sec. 9); the Governor of the Bangko
Sentral and the fulltime members of the Board shall limit their professional
activities to those pertaining directly to their positions with the Bangko Sentral.
Accordingly, they may not accept any other employment, whether public or private,
remunerated or ad honorem, with the exception of positions in eleemosynary, civic,
cultural or religious organizations or whenever, by designation of the President,
the Governor or the full-time member is tasked to represent the interest of the
Government or other government agencies in matters connected with or affecting the
economy or the financial system of the country (Sec. 20); in case any member of the
Monetary Board with personal or pecuniary interest in any matter in the agenda of
the Monetary Board shall disclose his interest to the Board and shall retire from
the meeting when the matter is taken up (Sec. 14).

6. 7.

3.

4.

8.

5.

MONETARY BOARD (MB)

The body by which the powers and functions of the Bangko Sentral are exercised
(Sec.6).

C OMPOSITION : Seven members consisting of:

1. 2. 3. Chairman: Governor of the BSP A member of the cabinet to be designated by
the President of the Philippines Five (5) members who shall come from the private
sector, all of whom shall serve full-time. 6.

Note: The degree of diligence required of the members of the MB, officials and
employees of the BSP in the performance of their functions is extraordinary
diligence (Sec.16, NCBA). #

S UPERVISION AND E XAMINATION OF B ANKS Q UALIFICATIONS OF MEMBERS OF THE MONETARY

B OARD :
1. 2. must be natural-born citizens of the Philippines, at least 35 years of age,
with the exception of the Governor who should at least be 40 years of age, of good
moral character, of unquestionable integrity, of known probity and patriotism, and
with recognized competence economic disciplines. in social and The BSP shall have
supervision over, and conduct periodic or special examinations of, banking
institutions and quasi-banks, including their subsidiaries and affiliates engaged
in allied activities.

Subsidiary a corporation more than 50% of the voting stock of which is owned by a
bank or quasi-bank Affiliate a corporation the voting stock of which, to the
extent of 50% or less, is owned by a bank or quasi-bank or which is related or
linked to such institution or intermediary through common stockholders or other
factors determined by the Monetary Board.

3.

4.

D ISQUALIFICATIONS AND I NHIBITION ON GOVERNOR AND B OARD M EMBERS :

NO RESTRAINING ORDER AGAINST BSP

1. disqualified from being a director, officer, employee, consultant, lawyer, agent
or stockholder of any bank, quasi-bank or any other institution which is subject to
supervision or examination by the No restraining order or injunction shall be
issued by the court enjoining the Bangko Sentral from examining any institution
subject to supervision or examination by the Bangko Sentral, unless there is
convincing proof that the action of the Bangko Sentral is plainly arbitrary

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and made in bad faith and the petitioner or plaintiff files with the clerk or judge
of the court in which the action is pending a bond executed in favor of the Bangko
Sentral, in an amount to be fixed by the court.

3. 4. 5. 6. 7.

To lease, own, and sell property To sue and be sued To acquire and hold such assets
and incur such liabilities in connection with its operations or as are essential to
the proper conduct of operation To compromise, condone, or release any claim of, or
settled liability to the BSP To do and perform such other necessary powers

R EFUSAL TO M AKE R EPORTS E XAMINATION .

OR

PERMIT

CONSERVATORSHIP OF A BANK OR QUASI-BANK

Ground: State of continuing inability or unwillingness to maintain a condition of
liquidity deemed adequate to protect the interest of depositors and creditors. # A
conservator appointed by the BSP may take over without the need of first declaring
the bank insolvent. Duration: Not to exceed 1 year Effects: 1. Bank/quasi-bank
retains juridical personality 2. Not a precondition to the designation of a
receiver Powers of conservator: 1. To take charge of the assets, liabilities, and
the management thereof;

- Any officer, owner, agent, manager, director or officerin-charge of any

institution subject to the supervision or examination by the Bangko Sentral who,
being required in writing by the Monetary Board or by the head of the supervising
and examining department willfully refuses to file the required report or permit
any lawful examination into the affairs of such institution shall be punished under
the Act. (Sec. 34) False Statement. - The willful making of a false or misleading
statement on a material fact to the Monetary Board or to the examiners of the
Bangko Sentral shall be punished. (Sec. 35)

PROHIBITIONS ON BANK OFFICERS, DIRECTORS, LAWYERS, AGENTS

Personnel of the Bangko Sentral are hereby prohibited from: 1. being an officer,
director, lawyer or agent, employee, consultant or stockholder, directly or
indirectly, of any institution subject to supervision or examination by the Bangko
Sentral;

2. 3. 4.

Reorganize the management; Collect all monies and debts due said bank; and Exercise
all powers necessary to restore its viability, with the power to overrule or rebuke
the actions of the previous management and board of directors of the bank or quasi-
bank. The powers must be related to preservation of assets, reorganization of
management and the restoration of viability. Such power to revoke cannot extend to
post-facto repudiation of perfected transactions, otherwise they would infringe the
nonimpairment clause of the Constitution. The power to revoke contracts only covers
those that are deemed defective i.e., void, voidable, unenforceable or
rescissible (First Phil. Intl Bank vs. CA, 252 SCRA 259). The conservators power
is not unilateral and he cannot simply repudiate valid obligations of the bank. His
authority would be only to bring actions to assail the same.

Exception: non-stock savings and loan associations and provident funds organized
exclusively for employees of the Bangko Sentral, and except as otherwise provided
in this Act; 2. directly or indirectly requesting or receiving any gift, present or
pecuniary or material benefit for himself or another, from any institution subject
to supervision or examination by the Bangko Sentral;

3.

revealing in any manner, except under orders of the court, the Congress or any
government office or agency authorized by law, information relating to the
condition or business of any institution;

Termination: 1. When the MB is satisfied that the institution can continue to

operate on its own and the conservatorship is no longer necessary; But if the
continuance in business of the bank would involve probable loss to its depositors
or creditors, proceedings for receivership and liquidation shall be pursued (Sec.
29).

4.

borrowing from any institution subject to supervision or examination by the Bangko

Sentral shall be prohibited unless said borrowings are adequately secured, fully
disclosed to the Monetary Board. (Sec. 27)

2.

CORPORATE POWERS OF THE BSP

1. 2. To adopt, alter and use a corporate seal which shall be judicially noticed To
enter into contracts

RECEIVERSHIP OF A BANK OR Notes of

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QUASI-BANK/CLOSURE
Receivership is equivalent to an injunction to restrain the bank in any way. Thus,
the appointment of a receiver operates to suspend the authority of the bank and of
its directors and officers over its property and effects (Villanueva vs. CA, 244
SCRA 395 [1995]). Grounds: Under NCBA 1. Inability to pay liabilities as they
become due in the ordinary course of business, but not including inability to pay
those caused by extraordinary demands induced by financial panic in the banking
community; 2. Insufficiency of realizable assets to meet its liabilities; Under GBL
1. Notification to the BSP or public announcement of a bank holiday (Sec. 53, GBL)
#

review. The purpose of the scheme is to protect the depositors, creditors,

stockholders and general public (Central Bank vs. CA, 220 SCRA 536). Only
stockholders representing the majority of the capital stock of a bank have the
personality to file a petition for certiorari to be filed within 10 days from
receipt by the board of directors of the institution of the order directing
receivership, liquidation or conservatorship. Reason: Stockholders owning a
majority of the shares are expected to be more objective in determining whether the
resolution is plainly arbitrary and issued in bad faith (Sec. 30, NCBA; Central
Bank vs. CA, G.R. No. 76118, March 30, 1993).

CASE DIGEST Central Bank of the Philippines vs. Court of Appeals, 220 SCRA 536

2. Suspension of payment of deposit liabilities continuously for more than 30 days

(Sec. 53, GBL) 3. Persistence in conducting business in an unsafe or unsound
manner. (Sec. 56, GBL)

Facts: Based on the financial reports submitted to the Central Bank, which states
that the Financial condition of The Triumph Savings Bank (TSB) is one of insolvency
and its continuance in the business world involve probable loss to its depositors
and creditors, the Monetary Board issued a Resolution ordering the closure of TSB,
forbidding it from doing business in the Philippines, placing it under receivership
and appointing Ramon V. Taiaoqi as receiver. The TSB filed a complaint assailing
the resolution on the ground of lack of prior notice and hearing

3. Inability to continue business without involving probable losses to its

depositors or creditors; or 4. Willful violation of a cease and desist order that
has become final, involving acts or transactions which amount to fraud or a
dissipation of the assets of the institution (Sec. 30)

Issue: Whether or not a Monetary Board Resolution be annulled on the ground of lack
of prior notice and hearing.

Ruling: Section 29 of the Central Bank Act does not contemplate prior notice and
hearing before a bank may be declared to stop operations and placed under
receivership. When it provides for the filing of the case within 10 days after the
receiver takes charge of the assets of the bank, it is unmistakable that the
assailed actions should precede the filing of the case. Plainly, the legislature
could not have intended or authorize no prior notice and hearing in the closure
of the bank and at the same time allow the suit to annul it on the basis of the
absence thereof. This close now and hear later scheme is grounded on practical
and legal consideration to prevent the unwarranted dissipation of the banks asset
and as a valid exercise of the police power to protect the depositors, creditors,
stockholders and the general public.

Receiver: 1. Banks PDIC 2. Quasi-banks Any person competence in banking or

finance
of

recognized

Functions: 1. Immediate gathering and taking charge of all the assets and
liabilities of the institution and administering them for the benefit of creditors
2. General powers of a receiver 3. Determination ASAP but not later than 90 days,
whether the institution should undergo rehabilitation or liquidation. # Note the
distinctions between rehabilitation and liquidation.

CLOSE NOW, HEAR LATER SCHEME

# Sec. 29 of the Central Bank Act does not contemplate prior notice and hearing
before a bank is placed under receivership. It is enough that such action is made
the subject of a subsequent judicial 1. MANDATORY REQUIREMENTS FOR BANK CLOSURE
Examination by the appropriate BSP department as to the condition of the bank

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2. 3. 4.

5.

Examination shows that the condition of the bank is one of insolvency Director
shall inform the MB in writing of such fact If the MB shall find the statement of
the department to be true, it shall appoint a receiver of the assets and
liabilities of the bank (Banco Filipino vs. MB, 204 SCRA 519 [1991]). Within 60
days, the MB shall determine and confirm if the bank is insolvent, and if public
interest requires, shall order the liquidation of the bank.

1. 2.

1-Peso, 5-Peso and 10-Peso coins: In amounts not exceeding P1,000.00 25 centavo
coin or less: In amounts not exceeding P100.00 (Circular No. 537, 2006)

BSP Authority to Replace 1. 2. Notes for any series or denomination More than 5
years old Coins More than 10 years old

Rules:

LIQUIDATION
Grounds: 1. The condition of the bank is one of insolvency or that its continuance
would involve probable loss to its depositors and creditors. 2. A determination by
the MB that the bank cannot be rehabilitated.

1.

Notes and coins called in for replacement shall remain legal tender for a period of
one year from the date of call.

2. After that period, they shall cease to be legal tender during the following year
or for such longer period as MB may determine.

Procedure: 1. Receiver shall file ex parte, with the proper RTC, a petition for
assistance in the liquidation of the institution pursuant to a liquidation plan
adopted by the PDIC for general application to all closed banks. In case of quasi-
banks, the liquidation plan shall be adopted by the Monetary Board. 2. He shall
convert the assets of the institution to money for the purpose of paying the debts
of the institution (Sec. 30).

3.

After the expiration of this latter period, the notes and coins which have not been
exchanged shall cease to be a liability of BSP and shall be demonetized (Sec. 57).
# Checks representing demand deposits do not have legal tender power and their
acceptance in the payment of debts, both public and private, is at the option of
the creditor. However, a check which has been cleared and credited to the account
of the creditor shall be equivalent to a delivery to the creditor of cash in an
amount equal to the amount credited to his account (Sec. 60).

# 3. # Payment shall be in accordance with the rules on concurrence and preference

of credits. Regular courts have no jurisdiction over actions filed by claimants
against an insolvent bank (Ong vs CA, 253 SCRA 105).

MONETARY STABILIZATION
EFFECTS OF APPOINTMENT OF RECEIVER/ LIQUIDATION 1. Suspension of operation 2. The
assets under receivership or liquidation shall be deemed in custodia legis in the
hands of the receiver and shall be exempt from garnishment, levy, attachment or
execution (Sec. 30). 3. Bank is not liable to pay interest on deposits during the
period of suspension of operation (Overseas Bank vs. CA, 113 SCRA 778 [1982]) The
corporation retains its legal personality (Teal Motor Co. vs. CFI, 51 Phil. 549
[1928]) Deposits do not become preferred credits (CB vs. Morfe, 20 SCRA 507 [1967])
2. Open Market Operations (Sec. 90) a. If BSP wants to increase money supply, it
buys government securities b. If BSP wants to decrease money supply, it sells
government securities

3 IMPORTANT TOOLS TO ACHIEVE PRICE STABILITY

1. Loans to Banks (Sec. 83) (Rediscounting) a. If BSP wants to increase money
supply, it opens the rediscount window by reducing interest on loans b. If BSP
wants to decrease money supply, it closes the rediscount window or charges very
high interest rates for rediscounted notes

4. 5.

LEGAL TENDER
All notes and coins issued by the Bangko Sentral are fully guaranteed by the
Republic and shall be legal tender in the Philippines for all debts, both public
and private (Sec. 52) Legal tender power of coins 3. Reserve Requirements (Sec. 94)
- where a certain percentage of the deposit is set aside and cannot be lent out a.
if the volume of money is high, BSP will raise reserve requirement

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b.

if the volume of money is low, reserve requirement is reduced.

4.

In cases where the money deposited or invested is the subject matter of the
litigation; (Sec. 2)

Rules: 1. 2. The required reserves of each bank shall be proportional to the volume
of its deposit liabilities. Since the required reserves are imposed primarily to
control the volume of money, the Bangko Sentral shall not pay interests thereon
(Sec. 94). Deposits maintained with the Bangko Sentral as part of the reserve
requirements shall be exempt from attachment, garnishment, or any other order or
process of any court or agency (Sec. 103). No increase of more than 4% point within
30day period. BAR QUESTION: Banks: Secrecy of Bank Deposits; Garnishment (2004) CDC
maintained a savings account with CBank. On orders of the MM Regional Trial Court,
the Sheriff garnished P50,000 of his account, to satisfy the judgment in favor of
his creditor, MO. CDC complained that the garnishment violated the Law on the
Secrecy of Bank Deposits because the existence of his savings account was disclosed
to the public. (5%) Is CDC's complaint meritorious or not? Reason briefly.
SUGGESTED ANSWER No. CDC's complaint is not meritorious. It was held in China
Banking Corporation v. Ortega, 49 SCRA 355 (1973) that peso deposits may be
garnished and the depositary bank can comply with the order of garnishment without
violating the Law on the Secrecy of Bank Deposits. Execution is the goal of
litigation as it is its fruit. Garnishment is part of the Coverage: All deposits of
whatever nature with banks or banking institutions in the Philippines, including
investments in bonds issued by the Government of the Philippines, its political
subdivisions and its instrumentalities. execution process. Upon service of the
notice of garnishment on the bank where the defendant deposited funds, such funds
become part of the subject matter of litigation.

3.

4.

PROHIBITIONS ON THE BSP

1. It shall not acquire shares of any kind or accept them as collateral, and shall
not participate in the ownership or management of any enterprise, either directly
or indirectly; and It shall not engage in development banking and financing (Sec.
128).

2.

SECRECY OF BANK DEPOSITS LAW (R.A. No. 1405)

Purposes: 1. To encourage people to deposit in banks 2. To discourage private
hoarding so that banks may lend such funds and assist in the economic development

PROHIBITED ACTS:
1. Examination and inquiry or looking into all deposits, of whatever nature, with
the banks in the Philippines including investments in bonds issued by the
Government. Any disclosure by any official or employee of any bank to any
unauthorized person of any information concerning the said deposits.

B. From other laws

1. Anti-Graft and Corrupt Practices Act cases (R.A. No. 3019; added by analogy in
PNB vs. Gancayco, 15 SCRA 91 [1965]); NIRC - Inquiry by the Commissioner of
Internal Revenue into bank deposits of: a. A decedent to determine his gross
estate; b. A taxpayer who has filed an application for compromise of his tax
liability by reason of financial incapacity to pay his tax liability. He must file
a written waiver of his privilege under RA 1405 or other general or special laws
(Sec. 6[f], NIRC). 3. Inquiry or examination by the Anti-Money Laundering Council
(AMLC) of any particular deposit or investment with any banking institution or non-
bank financial institution upon order of any competent court in cases of violation
of the AntiMoney Laundering Law, when it has been

2.

2.

GENERAL RULE: The deposits covered by law are considered as of an absolutely

confidential nature and may not be examined, inquired or looked into by any person,
governmental bureau, or office. EXCEPTIONS:

A.
1. 2. 3.

F ROM R.A. N O . 1405

Upon written permission of the depositor; In cases of impeachment; Upon order of a
competent court in cases of bribery or dereliction of duty of public officials;

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established that there is probable cause that the deposits or investments are
related to an unlawful activity or a money laundering offense, except that no court
order shall be required in the following unlawful activities: a. Kidnapping for
ransom under Art. 267 RPC; b. Comprehensive Dangerous Drugs Act of 2002 (RA No.
9165);

garnishment. Any disclosure is purely incidental to the execution process (China

Banking Corporation vs. Ortega, 49 SCRA 355). # Illegally acquired property extends
to cases where property is concealed by being held by or recorded in the name of
respondents spouse, ascendants, descendants, relatives, or any other persons
(Banco Filipino Savings and Mortgage Bank vs. Purisima, 161 SCRA 576).

c. Hijacking and other violations under RA 6235; destructive arson and murder under
RPC. Including those perpetrated by terrorists against non-combatant persons and
similar targets (Sec. 11, R.A. No. 9160 as amended by Sec. 8 of RA 9194) 4.
Disclosure to the Treasurer of the Philippines of dormant deposits for at least 10
years under the Unclaimed Balances Act (Act No. 3936).

OTHER LAWS RELATING TO SECRECY OF BANK DEPOSITS

A. Foreign Currency Deposit Act (R.A. No. 6426): B. Extends confidentiality to

foreign currency deposits, but the law contains only one ground authorizing
examination: upon written permission of the depositor. C. General Banking Law of
2000 (R.A. No. 8791): 1. No bank shall employ casual or non-regular personnel or
too lengthy probationary personnel in the conduct of its business involving bank
deposits (Sec. 55.4). No director, officer, employee, or agent of any bank shall,
without court order, disclose to any unauthorized person any information relative
to the funds or properties in the custody of the bank belonging to private
individuals, corporations, or any other entity, provided that with respect to bank
deposits, the provisions of existing laws shall prevail (Sec. 55[b]). Outsourcing
of inherent bank functions

Money-market placement is not covered by RA 1405 because it is not deposited in the

bank. BAR QUESTION: BANKS: APPLICABILITY: FOREIGN CURRENCY DEPOSIT ACT & SECRECY OF
BANK DEPOSITS (2005) Hi Yielding Corporation filed a complaint against five of its
officers for violation of Section 31 of the Corporation Code. The corporation
claimed that the said officers were guilty of advancing their personal interests to
the prejudice of the corporation, and that they were grossly negligent in handling
its affairs. Aside from documents and contracts, the corporation also submitted in
evidence records of the officers U.S. Dollar deposits in several banks overseas -
Boston Bank, Bank of Switzerland, and Bank of New York. For their part, the
officers filed a criminal complaint against the directors of Hi Yielding
Corporation for violation of Republic Act No. 6426, otherwise known as the Foreign
Currency Deposit Act of the Philippines. The officers alleged that their bank
deposits were illegally disclosed for want of a court order, and that such deposits
were not even the subject of the case against them. a) Will the complaint filed
against the directors of Hi Yielding Corporation prosper? Explain # SUGGESTED
ANSWER: No, because the Foreign Currency Deposit Act (R.A. No. 6426), including its
punitive provisions, refers to foreign currency deposits accounts constituted
within the Philippines. It has no application at all to accounts, even though they
are banks, opened and constituted abroad b) Was there a violation of the Secrecy of
Bank Deposits Law (Republic Act No. 1405)? Explain. SUGGESTED ANSWER: No, because
the punitive provisions of the Secrecy of Bank Deposits Law (R.A. No. 1405),
including the statutory exemptions provided therein, are not applicable to FCDU
accounts, even when constituted locally. (Intengan v. Court of Appeals, G.R. No.
128996, February 15, 2002)
2.

3.

D. New Central Bank Act (R.A. No. 7653): 1. DOSRI loans 2. Periodic and special
examinations by the BSP (Sec. 25) E. Anti-Money Laundering Act (R.A. No. 9160) #
Provides for another exception to confidentiality, which is applicable to both peso
and foreign currency deposits. Garnishment of bank deposit of judgment debtor does
not violate RA 1405. It was not the intention of the legislature to place bank
deposits beyond the reach of execution to satisfy a final judgment. Its purpose is
merely to secure information as to the name of the depositor and whether or not the
defendant had a deposit in said bank, only for purposes of

REQUISITES FOR IN-CAMERA INSPECTION OF BANK DEPOSITS Notes of

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Marquez vs. Desierto, G.R. No. 135882, June 27, 2001

1. 2. 3. 4. 5. Pending case before a court of competent jurisdiction Account must
be clearly identified The inspection is limited to the subject of the pending
litigation. The bank personnel and account holder must be present during the
inspection. The inspection must cover only the account identified in the pending
case.

W HERE F UNDS D EPOSITED ARE S UBJECT OF L ITIGATION

Case Digest Onate v Hon Zeus Abrogar, 230 SCRA 181 Facts: Sun Life brought a
collection case to recover the proceeds of a check it had issued, the insurance
company wanted to determine how the defendant had applied the proceeds of the
check. The trial court allowed Sun Life to examine pertinent records of the bank in
which the check was deposited. Ruling: The Supreme Court held that the examination
was authorized by Section 10 of Rule 57, on the examination of a person whose
property has been attached and person indebted to him or controlling his property.
The Court struck down the argument that the examination would violate the Bank
Secrecy Law, explaining that the examination fell within the exception in cases
where the money deposited or invested is the subject matter of litigation. The
Court added that the examination of bank records was not a fishing expedition, but
rather a method by which Sun Life could trace the proceeds of the check that it
paid to the petitioners.

R.A. NO. 1405 VIS--VIS POWER OF THE BSP TO CONDUCT PERIODIC AND/OR SPECIAL
EXAMINATIONS (SEC. 4, GBL & SEC. 25, NCBA)
# Prof. Aquino and Prof. Viray believe that the general rule still applies. Hence,
the deposit remains confidential.

Penalties Imprisonment of not more than 5 years or a fine not more than P20,000 or
both, in the discretion of the court. Impeachment In impeachment proceedings, the
impeachment court may inquire into bank deposits. Thus, during the impeachment
proceedings against former President Estrada, Chief Justice Davide ruled that
Clarissa Ocampo could testify on the Jose Estrada/Jaime Dichaves accounts
maintained with Equitable PCIB Bank, over the objections of the defense that this
would violate the Bank Secrecy Law. Basis for this ruling was that the inquiry
would be made in the course of an impeachment proceeding.

# In another case, Mellon Bank remitted $1 million rather that an intended $1,000
to the recipient, who deposited part of the remittance in a local bank. When
personnel of the depositary bank testified on the bank deposits, the defense moved
to strike out the testimonies of the depositary banks witnesses. The Supreme Court
allowed their testimonies to remain on the record, stating Section 2 of said law
allows the disclosure of bank deposits in cases where the money deposited is the
subject matter of the litigation. (Mellon Bank v. Magsino, 190 SCRA 633.

W RITTEN P ERMISSION OF DEPOSITOR

A bank may allow an inquiry into a deposit with the written consent of the
depositor. An oral or implied authorization does not suffice. This consent may be
given voluntarily. In some cases, however, the consent is involuntary because the
law requires it. Thus, Section 26 of the New Central Bank Act as implemented by BSP
Circular No. 170, series of 1998, requires a director, officer or stockholder of a
bank or their related interests to submit a written waiver of the secrecy of all
his deposits of whatever nature in all banks of the Philippines in favor of the
Bangko Sentral, if he applies for a DOSRI loan. However, the information obtained
from the examination remains confidential and may be used by BSP examiners only in
legal action it may initiate involving the said deposits. A waiver of the Bank
Secrecy Law is also required in case of loans secured by a hold-out or an
assignment of certificates of time deposits. (Section X315, Manual of Regulations
for Banks).

UNEXPLAINED WEALTH (RA3019)

Although the Bank Secrecy Law did not include cases covered by the Anti-Graft Law
among the exceptions, the Supreme Court held that they should be included. The only
conclusion possible is that Section 8 of the Anti-Graft Law is intended to amend
Section 2 of Republic Act No. 1405 by providing an additional exception to the rule
against disclosure of band deposits. (PNB v. Gancayco, 15 SCRA 91 (1965). This
overturned an earlier case decided by the High Court where it held that a
prosecution under the AntiGraft Law was not embraced within any of the exceptions
to the Bank Secrecy Law that would allow disclosure by a bank of information
concerning a deposit. (Tatalon Bario Council v. Bank of PI, 7 SCRA 10 (1963). In
another case, the Supreme Court expanded the exception under the Anti-Graft Law,
when it allowed an examination not only of the accuseds deposits, but also those
of his spouse, ascendant, descendants and relatives, and other persons as well.
(Banco Filipino v. Hon. Fidel Purisima, 161 SCRA 576 (1988). Here, the Court
declared as proper the production by subpoena duces tecum of bank records of
transactions by or in the names of the wife, children and friends of a special
agent of the Bureau of customs accused of having

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allegedly acquired property manifestly out of proportion to his salary and lawful
income. The Court explained: To sustain the petitioners theory, and restrict the
inquiry only to property held by or in the name of the government official or
employee, or his spouse and unmarried children, is unwarranted in the light of the
provisions of the statutes in question, and would make available to persons in
government who illegally acquire property an easy and fool-proof means of evading
investigation and prosecution; all they would have to do would be to simply place
the property in the possession or name of persons other than their spouse and
unmarried children. This is an absurdity that we will not ascribe to the lawmakers.
Upon Order of the Ombudsman Although Section 8 of the law that created the Office
of the Ombudsman expressly granted the Ombudsman the power to administer oaths,
issue subpoena and subpoena duces tecum and take testimony in any investigation or
inquiry, including the power to examine and have access to bank accounts and
records, the Supreme court held that the Ombudsman could not inquire into bank
deposits until there was a pending case in court involving the deposits.(Marquez v.
Desierto, 359 SCRA 772 (2001) Unclaimed Balances Law The Unclaimed Balances Law
(Republic Act No. 3936) requires each bank to file a sworn statement with the
Treasurer of the Philippines stating the deposits that the bank holds in the names
of persons known to be dead or who have not made deposits or withdrawals during the
preceding ten years or more. It is also requires the bank to post a copy of the
sworn statement in the bank premises. However, this is done only after the bank
shall have first communicated with the depositor at his last known residence or
post office address. Such a disclosure of the deposits and the depositors, does not
violate the Bank Secrecy Law. Garnishment of Bank Deposit In China Banking
Corporation v. Court of Appeals, (193 SCRA 452 (1991) the Supreme Court held that
the garnishment of a bank deposit does not violate the Bank Secrecy Law. Said the
court: It is clear from the discussion of the conference committee report on x x x
Republic Act. No. 1405, that the prohibition against examination of or inquiry into
a bank deposit under Republic Act No. 1405 does not preclude its being garnished to
insure satisfaction of a judgment. Indeed, there is no real inquiry in such a case,
and if the existence of the deposit is disclosed, the disclosure to evade payment
of their just debts, even if ordered by the Court, through the expedient of
converting their assets into cash and depositing the same in a bank.(Phil.
Commercial & International Bank v. Court of Appeals, 93 SCRA 452 (1991).

Crimes of the House of Representatives, which was conducting a congressional

investigation in aid of legislation on the involvement of police and military
personnel, and possibly even of local government officials, in the illegal
activities of suspected gambling and drug lords. Subpoenaed to attend the
investigation were officers of certain identified banks with a directive to them to
bring the records and documents of bank deposits of individuals mentioned in the
subpoenas, among them GP. GP and the banks opposed the production of the banks
records of deposits on the ground that no such inquiry is allowed under the Law on
Secrecy of Bank Deposits (RA 1405 as amended). Is the opposition of GP and the
banks valid? Explain. SUGGESTED ANSWER: Yes. The opposition is valid. GP is not a
public official. The investigation does not involve one of the exceptions to the
prohibition against disclosure of any information concerning bank deposits under
the Law on Secrecy of Bank Deposits. The Committee conducting the investigation is
not a competent court or the Ombudsman authorized under the law to issue a subpoena
for the production of the bank record involving such disclosure.

ANTI-MONEY LAUNDERING ACT OF 2001 (R.A. No. 9160, as amended by R.A. 9194)
Purposes: 1. To protect and preserve the integrity and confidentiality of bank
accounts, to ensure that the Philippines shall not be used as a site for unlawful
money laundering activities; and To pursue States foreign policy to extend
cooperation in transnational investigations and prosecution on money laundering
activities.
2.

Covered Entities: 1. 2. 3. 4. 5. Banks Non-banks Quasi-banks Trust entities All

other institutions, their subsidiaries and affiliates supervised or regulated by
the BSP

COVERED TRANSACTION:
Transaction, in cash or other equivalent monetary instrument in excess of P500,000,
within one banking day.

BAR QUESTION: Banks; Secrecy of Bank Deposits (2000) GP is a suspected Jueteng lord
who is rumored to be enjoying police and military protection. The envy of many drug
lords who had not escaped the dragnet of the law, GP was summoned to a hearing of
the Committee on Racketeering and Other Syndicated

SUSPICIOUS TRANSACTIONS:
Transactions with covered institutions regardless of the amounts involved, where
any of the following circumstances exists: 1. There is no underlying legal or trade
obligation

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2. 3. 4.

Client is not properly identified Amount involved is not commensurate with the
business or financial capacity Taking into account all known circumstances, it may
be perceived that the clients transaction is structured in order to avoid being
the subject of reporting requirements under the Act

J URISDICTION :
# # All cases: RTC Public officers and private persons in conspiracy with them:
Sandiganbayan

5.

Any circumstance relating to the transaction which is observed to deviate from the
profile and/or the clients past transactions with the covered institution
Transaction is in any way related to an unlawful activity or offense under this Act
that is about to be, is being or has been committed Analogous transactions to any
of the foregoing

P OWER TO F REEZE A CCOUNTS

# The power of the AMLC to freeze accounts has been deleted under RA 9194

6.

7.

MONEY LAUNDERING:
A crime whereby the proceeds of an unlawful activity are transacted, thereby making
them appear to have originated from legitimate sources. It is committed by the
following: 1. Any person knowing that any monetary instrument or property
represents, involves, or relates to, the proceeds of any unlawful activity,
transacts or attempts to transact said monetary instrument or property.

The Court of Appeals may issue a freeze order, which shall be effective immediately
and for a period of 20 days, unless extended by the court, only: a. b. upon ex
parte application of AMLC; and after determination that probable cause exists that
any monetary instrument or property is in any way related to an unlawful activity.

BAR QUESTION: BANKS; SECRECY OF BANK DEPOSIT; AMLC (2006) Rudy is jobless but is
reputed to be a Jueteng operator. He has never been charged or convicted of any
crime. He maintains several bank accounts and has purchased 5 houses and lots for
his children from the Luansing Realty, Inc. Since he does not have any visible job,
the company reported his purchases to the Anti-Money Laundering Council (AMLC).
Thereafter, AMLC charged him with violation of the Anti-Money Laundering Law. Upon
request of the AMLC, the bank disclosed to it Rudy's bank deposits amounting to
P100 Million. Subsequently, he was charged in court for violation of the Anti-Money
Laundering Law. 1. Can Rudy move to dismiss the case on the ground that he has no
criminal record? (2.5%)

2.

Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which
he facilitates the offense referred to in number 1 above.
3.

Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the AMLC fails to do so.

P REVENTION OF M ONEY L AUNDERING

1. Customer Identification Covered institutions shall establish and record the
true identity of its clients based on official documents. They shall maintain a
system of verifying their clients and in case of corporate client, require a system
of verifying their legal existence and organizational structure, s well as the
authority and identification of all person purporting to act on their behalf.
Record Keeping- All records of all transaction of covered institution shall be
maintained and safely stored for 5 years from the dates of transaction. With
respect to closed accounts, the records on customer identification, account files
and business correspondence, shall be preserved and safely stored for at least 5
years from the dates when they were closed. Reporting of Covered and Suspicious
Transactions. Covered institution shall report to the AMLC all covered and
suspicious transactions within 5 working days from the occurrence thereof, unless
the Supervising Authority prescribes a longer period not exceeding 10 working days.

SUGGESTED ANSWER: No. Under the Anti-Money Laundering Law, Rudy would be guilty of
a "money laundering crime" committed when the proceeds of an "unlawful activity,"
like Jueteng operations, are made to appear as having originated from legitimate
sources. The money laundering crime is separate from the unlawful activity of being
a Jueteng operator, and requires no previous conviction for the unlawful activity
(See also Sec. 3, Anti-Money Laundering Act of 2001).

2.

3.

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2. To raise funds for his defense, Rudy sold the houses and lots to a friend. Can
Luansing Realty, Inc. be compelled to transfer to the buyer ownership of the houses
and lots? (2.5%)

authority to examine any bank deposits, trust or investment funds, or banking

transactions in the name of and/or utilized by a person, natural or juridical,
under investigation by the Commission, in any bank or banking institution in the
Philippines, when the Commission has reasonable ground to believe that said
deposits, trust or investment funds, or banking transactions have been used in
support or in furtherance of the objectives of the said coup detat. Does the above
provision not violate the Law on Secrecy of Bank Deposits (RA 1405)? SUGGESTED
ANSWER: The Law on Secrecy of Bank Deposits is itself merely a statutory enactment,
and it may, therefore, be modified, or amended (such as by providing further
exceptions therefrom), or even repealed, expressly or impliedly, by a subsequent
law. The Secrecy of Bank Deposits Act did not amount to a contract between the
depositors and depository banks within the meaning of the non-impairment clause of
the Constitution. Even if it did, the police power of the State is superior to the
non- impairment clause. RA 6832, creating a commission to conduct an investigation
of the failed 1989 coup detat and to recommend measures to prevent similar
attempts to seize power is a valid exercise of police power.

SUGGESTED ANSWER: Luansing Realty, Inc. is a real estate company, hence it is not a
covered institution under Section 3 of the Anti-Money Laundering Act. Only banking
institutions, insurance companies, securities dealers and brokers, pre-need
companies and other entities administering or otherwise dealing in currency,
commodities or financial derivatives are covered institutions. Hence, Luansing
Realty, Inc. may not use the Anti-Money Laundering Act to refuse to transfer to the
buyer ownership of the houses and lots.

3. In disclosing Rudy's bank accounts to the AMLC, did the bank violate any law?
(2.5%)

SUGGESTED ANSWER: No, the bank did not violate any law. The bank being specified as
a "covered institution" under the AntiMoney Laundering Law, is obliged to report to
the AMLC covered and suspicious transactions, without thereby violating any law.
This is one of the exceptions to the Secrecy of Bank Deposit Act.

PHILIPPINE DEPOSIT INSURANCE CORPORATION (PDIC) ACT (R. A. 9302)

Purposes: 1. 2. To create a government-owned entity, the PDIC; To insure the
deposit liability of banks in an account up to P250,000 for every single depositor
of each bank irrespective of the number of accounts therewith.

4. Supposing the titles of the houses and lots are in possession of the Luansing
Realty, Inc., is it under obligation to deliver the titles to Rudy? (2.5%)

PHILIPPINE DEPOSIT INSURANCE CORPORATION F UNCTIONS :

A. Insurance The PDIC assesses and collects insurance assessments from member-banks
to insure member-banks deposit accounts. In case of bank closures, the PDIC
processes and services claim for insured deposits. Deposits are insured up to a
maximum coverage of P250,000 per depositor.

SUGGESTED ANSWER: Yes, it has an obligation to deliver titles to Rudy. As Luansing

Realty, Inc. is not a covered institution under Section 3 of the Anti-Money
Laundering Act, it may not invoke this law to refuse delivery of the titles to
Rudy. BAR QUESTION: BANKS; SECRECY OF BANK DEPOSITS (1991) The law (RA 6832)
creating a Commission to conduct a Thorough Fact-Finding Investigation of the
Failed Coup detat of Dec 1989, Recommend Measures to Prevent the Occurrence of
Similar Attempts At a Violent Seizure of Power and for Other Purposes, provides
that the Commission may ask the Monetary Board to disclose information on and/or to
grant

B. Bank Examination Under the new law, PDIC's authority to examine its member
banks, with prior approval by the Monetary Board, has been restored.

C. Bank Rehabilitation The PDIC may grant financial assistance to distressed banks
if it is proven to be a less costly alternative than closure.

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D. Receivership of closed banks Once a bank is ordered closed by the Monetary Board
(MB) of the Bangko Sentral ng Pilipinas, the PDIC is designated as statutory
receiver. The PDIC upon receipt of the MB resolution ordering the closure of a
bank, immediately physically takes over the closed bank. Receivership is the stage
within which the PDIC manages the affairs of the closed bank and preserves its
assets for the benefit of creditors.

E.

Liquidation of closed banks After it is determined that the closed bank can not be
rehabilitated, the PDIC shall recommend the liquidation of the assets of the closed
bank. Liquidation refers to the recovery and conversion of assets into cash for
distribution to all creditors in accordance with the order of creditor preference
pursuant to law

The plaintiffs invested in the money market placement with the Premier Financing
Corporation (PFC) but when they went to PFC to encashed the checks and promissory
notes corresponding to their investment the PFC referred them to the Regent Savings
Bank (RSB). Instead of paying the promissory notes and checks, the RSB issued 13
certificate of time deposit which was insured with the PDIC. The bank failed to pay
the corresponding amount of the time deposit on its maturity date due to insolvency
and advised the plaintiffs to file a claim with the PDIC. But the PDIC refused to
pay the claim for it is not included in the list of duly recorded liabilities of
the RSB. Issue: Whether or not the PDIC is liable for the plaintiffs claims.
Ruling: The fact that the certificate state that the certificates are insured by
PDIC does not ipso facto make the latter liable for the same should the contingency
insured against arise. The deposit liability of the PDIC is determined by the
provisions of R.A. 3519 and statements in the certificate that the same are insured
by PDIC are not binding upon the latter.

INSURANCE FUNCTION
1. 2. Nature: Compulsory insurance on all bank deposits Coverage: Insured deposits
- the net amount due to any depositor for deposits in an insured bank, after
deducting unpaid loans and other obligations of the depositor to the closed bank.
In no case shall insured deposit exceed P250,000 per depositor. Specific risk
insured against: Bank closure only. Thus, losses due to a bank robbery are not
covered. Amount of insurance: Maximum of P250,000.00 per deposit (RA 9302)
Condition precedent for entitlement to payment: Filing of claim within twenty-four
months from order of closure Manner of payment: a. Cash b. Transferred deposit A
deposit in an insured bank made available to a depositor by the PDIC as payment of
the insured deposit of such depositor in a closed bank and assumed by another
insured bank. Effect of payment by the PDIC to the depositor of his insured
deposit: a. Discharges the PDIC from further liability b. Subrogates the PDIC to
all the rights of the depositor against the closed bank to the extent of such
payment.

Insured deposits # The net amount due to any depositor for deposits in an insured
bank, after deducting offsets, less any part thereof which is in excess of
P250,000. # Trust funds and safety deposit boxes are not covered. After deducting
offsets Consistent with the rulings in Gullas vs. PNB, 62 Phil. 519 and Republic
vs. CA, G.R. No. 15012, July 22, 1975 recognizing the debtor-creditor relationship
of the bank and the depositor, set-off takes place ipso jure with respect to the
depositors bank deposit and his matured loan with the bank. Transferred deposits A
deposit in an insured bank made available to a depositor by the PDIC as payment of
the insured deposit of the depositor in a closed bank and assumed by another
insured bank.
3.

4. 5.

6.

7.

SPECIAL RULES
1. PDIC liability is on a per bank basis. Accounts in a bank, even though in
several branches, are to be added together, provided that they are maintained in
the same capacity and the same right for his benefit either in his own name or in
the name of others. # Capacities: individual account, joint and account, joint
and/or account.

# The fact that a bank instrument provides that the certificate is insured by the
PDIC does not ipso facto make the latter liable for the same; the deposit liability
of the PDIC is determined by the provisions of RA 3519 (PDIC vs. CA, 283 SCRA 462).
2. Case Digest PDIC vs. CA, 283 SCRA 462 3.

The insurance premiums are to be paid by the insured bank, not the depositors. In
case the depositors account is more than the insurance coverage, the balance may
still be recovered from the PDIC after the final liquidation of the remaining
assets of the closed bank.

Facts:

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Page 25 of 26

4. a.

If the account is held jointly by two or more natural persons, or by two or more
juridical persons or entities, the maximum insured deposit shall be divided into as
many equal shares as there are individuals, juridical persons or entities, unless a
different sharing is stipulated in the document of deposit.

Demand drafts cannot be escheated but telegraphic notes can be escheated (Republic
vs. FNCB, 3 SCRA 851 [1961]).

b. If the account is held by a juridical person or entity jointly with one or more
natural persons, the maximum insured deposit shall be presumed to belong entirely
to such juridical person or entity: Provided, further, That the aggregate of the
interests of each co-owner over several joint accounts, whether owned by the same
or different combinations of individuals, juridical persons or entities, shall
likewise be subject to the maximum insured deposit of Two hundred fifty thousand
pesos (P250,000.00).

LEGAL CONSEQUENCE
The unclaimed balances may be subject of escheat proceedings, after proper
publication and the depositors still do not lay claim to them.

Authority to terminate insured status 1. 2. Non-payment of insurance premiums

Continued engagement in unsafe and unsound banking practices

FOREIGN CURRENCY DEPOSIT ACT (R.A. No. 6426)

FOREIGN CURRENCY DEPOSIT Governed by R.A. No. 6426 1 exception + 1 provided under
AMLA (R.A. No. 9160) GENERAL RULE: Exempt from attachment, garnishment, and other
court order and processes. EXCEPTION: Salvacion vs. CB (278 SCRA 27)

Sec. 9 of RA 6426 (An Act Instituting a Foreign Currency Deposit System in the
Philippines, and for Other Purposes") and Sec. 79 of Central Bank (CB) Circular No.
1389, dated August 13, 1993, mandate that foreign currency deposits shall be
insured under the provisions of RA 3591, as amended. Under CB Circular No. 1389,
depositors are entitled to receive payment in the same currency in which the
insured deposit is denominated.

PESO DEPOSIT Governed by R.A. No. 1405 4 exceptions + exceptions found in special
laws May be garnished or attached (not a violation of R.A. No. 1405)

Note: The PDIC law is not applicable to Offshore Banking Units (P.D. No. 1034).

UN C L AI ME D BAL AN C E S L AW (R . A. N O . 3 93 6) ELEMENTS OF UNCLAIMED

BALANCES
1. There must be a claim or deposit of: a. b. c. d. 2. 3. Money; Bullion; Security;
or other evidence of indebtedness. 2. Foreign currency deposits are exempt from
taxes except the interests

OTHER FEATURES:
1. Authorized banks may adopt a numbered account system for recording and servicing
deposits in nonchecking accounts

The credit or deposit must be with a bank, building and loan association, or trust
corporation; and The credit or deposit is in favor of a person: a. b. who is dead,
or who has not made further deposits or withdrawals during the preceding 10 years
or more.

3. In the event a new enactment or regulation is issued decreasing the rights

granted under the law, it shall not apply to FCDs already made or existing at the
time of the issuance of such new regulation or enactment.

In a sui generis case, the SC allowed garnishment of such deposits of a transient

American tourist arising out of a heinous crime committed against a Filipino minor
since to hold otherwise would result to injustice to a citizen perpetrated by a
foreigner

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Page 26 of 26

(Salvacion, et al. vs. Central Bank et al., 278 SCRA 27).

Note: This case does not constitute another exception, the SC only ruled as such
due to the special circumstances of the said case.

information required by the Truth in Lending Act (RA 3765). Nevertheless, the
conditional deed of sale which the parties executed mentioned that the total amount
indicated therein included such finance charges.

REPEALING LAW TO UNIFORM CURRENCY ACT (R.A. NO. 8183)

All monetary obligations shall be settled in the Philippine currency which is legal
tender in the Philippines. However, the parties may agree that the obligation or
transaction shall be settled in any other currency at the time of payment (Sec. 1).

Has there been substantial compliance of the aforesaid Act?

If your answer to the foregoing question is in the negative, what is the effect of
the violation on the contract? # In the event of a violation of the Act, what
remedies may be availed of by Dana?

SUGGESTED ANSWER: a) There was no substantial compliance with the Truth in Lending
Act. The law provides that the creditor must make a full disclosure of the credit
lost. The statement that the total amount due includes the principal and the
financial charges, without specifying the amounts due on each portion thereof would
be insufficient and unacceptable. b) A violation of the Truth in Lending Act will
not adversely affect the validity of the contract itself. c) It would allow Dana to
refuse payment of financial charges or, if already paid, to recover the same. Dana
may also initiate criminal charges against the creditor.

TRUTH IN LENDING ACT ( RA 3765)

# The law assures full disclosure by requiring the lender to give the borrower all
the details regarding the transaction. # Under Sec. 4, any creditor shall furnish
to each person to whom credit is extended, prior to the consummation of the
transaction, a clear statement in writing setting forth, to the extent applicable
and in accordance with rules and regulation prescribed by the Board the following
informations:

1. The cash price or delivered price of the property or service required; 2. The
amounts, if any to be credited as down payment and/or trade-ins; 3. The difference
between the amounts set forth under clauses 1 and 2; 4. The charges, individually
itemized, which are paid or to be paid by such person in connection with the
transaction but which are not incident to the extension of credit. 5. The total
amount to be financed; 6. 7. The finance charge expressed in terms of pesos and
centavos; and The percentage that the finance bears to the total amount to be
financed expressed as a simple annual rate on the outstanding unpaid balance of the
obligation.

***
*2'#63(('####

BAR QUESTION: TRUTH IN LENDING ACT (1991) Dana Gianina purchased on a 36 month
installment basis the latest model of the Nissan Sentra Sedan car from the Jobel
Cars Inc. In addition to the advertised selling price, the latter imposed finance
charges consisting of interests, fees and service charges. It did not, however,
submit to Dana a written statement setting forth therein the
Notes of

hotjurist
in foro conscientiae