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General Banking Law of 2000 PDF
General Banking Law of 2000 PDF
BANKS
- refer to entities engaged in the lending of funds obtained in the form of
deposits. (Sec. 3.1, GBL)
PROHIBITED ACTS/TRANSACTIONS
1. Bank officials or employees are prohibited to 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,
unless there is an order of a competent court of competent jurisdiction.
2. Banks are prohibited from outsourcing inherent banking functions.
3. 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, GBL)
FOREIGN STOCKHOLDINGS
Foreign individuals and non-bank corporations may own or control up to 40%
of the voting stock of a domestic bank. This rule shall apply to Filipinos and
domestic non-bank corporations. (Sec.11, GBL)
GRANDFATHER RULE
The percentage of foreign-owned voting stocks in a bank shall be determined
by the citizenship of the individual stockholders in that bank. The citizenship of the
corporation, which is a stockholder in a bank, shall follow the citizenship of the
controlling stockholders of the corporation, irrespective of the place of
incorporation. (Sec.11, GBL)
FIT AND PROPER RULE
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 bank directors or officers and disqualify those found unfit. (Sec. 16, GBL)
FOREIGN BANKS;
MODES OF ENTRY
1. by acquiring or owning up to 60% of the voting stock of an existing bank;
2. by investing in up to 60% of the voting stock of a new local banking
subsidiary, or;
3. by establishing branches with full banking authority. (Sec. 2, Foreign Banks
Liberalization Act)
CONSERVATORSHIP OF BANKS
It is an attempt to save the bank from bankruptcy and ultimate liquidation
CONSERVATOR
- a person appointed, after a bank is placed under conservatorship, to take
over the management of the bank and shall assume exclusive powers to oversee
every aspect of the bank’s operation and affairs. (Central Bank vs. CA. 208
SCRA 652)
DEGREE OF DILIGENCE
A bank should exercise its functions and treat the accounts of their clients not
only with the diligence of a good father of a family but it should do so with the
highest degree of care considering the fiduciary nature of its relationship with its
depositors. (BPI vs. CA. 326 SCRA 641. 2000)
The banks are under obligation to treat the accounts of its depositors with
meticulous care always having in mind the fiduciary nature of their relationship.
(BPI vs. IAC. 206 SCRA 408.)
However, the higher degree of diligence is not expected to be exerted by
banks in commercial transactions that do not involve their fiduciary relationship
with their depositors. (Reyes vs. CA. G.R. No. 118492. August 15, 2001)
By the very nature of the work of banks, the degree of responsibility, care
and trustworthiness expected of their employees and officials is far greater that
those of ordinary clerks and employees. Banks are expected to exercise the
highest degree of diligence in the selection and supervision of their employees.
(PCI Bank vs. CA. 350 SCRA 446. 2001)
PERFECTION
- perfected from the time the correspondent bank makes payment to persons
in whose favor the letter of credit has been opened.
PARTIES
1. Buyer;
2. Issuing bank;
3. Seller.
FORMALITIES
1. Execution of an affidavit, listing the names and addresses of all creditors,
the nature and the amount of obligation;
2. Preparation of inventory of the stocks to be sold;
3. Notification of all the creditors at least 10 days before the projected sale in
bulk, and;
4. Registration of the foregoing documents with the Bureau of Domestic
Trade. (Sec. 3-4)
KINDS OF RECEIPT
1. NEGOTIABLE WAREHOUSE
RECEIPT
- a receipt in which it is stated that the goods received will be delivered to the
bearer or to the order of any person named in such receipt. (Sec. 5)
2. NON-NEGOTIABLE WAREHOUSE RECEIPT
- a receipt in which it is stated that the goods received will be delivered to the
depositor or to any other person. (Sec. 4)
- a non-negotiable receipt shall place upon its face by the issuing
warehouseman, non-negotiable or not negotiable.
- upon failure to do so, a holder who purchased it for value supposing it to be
negotiable, may, at his option treat such receipt as imposing upon the
warehouseman the same liabilities he would have incurred had the receipt been
negotiable. (Sec. 7)
STATE POLICY
The State recognizes that an effective intellectual and industrial property
system is vital to the development of domestic and creative activity, facilitates
transfer of technology, attracts foreign investments, and ensures market access for
our products. It shall protect and secure the exclusive rights of scientists, inventors,
artists and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State
shall promote the diffusion of knowledge and information for the promotion of
national development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of
registering patents, trademarks and copyright, to liberalize the registration on the
transfer of technology, and to enhance the enforcement of intellectual property
rights in the Philippines. (Sec. 2)
GOVERNMENT AGENCIES
The agency of the government in charge of the implementation of the
Intellectual Property Code is the Intellectual Property Office, which replaced the
Bureau of Patents, Trademarks and Technology Transfer. It is divided into 6
Bureaus, namely:
1. Bureau of Patents;
2. Bureau of Trademarks;
3. Bureau of Legal Affairs;
4. Documentation, Information and Technology Transfer Bureau;
5. Management Information System and EDP Bureau, and;
6. Administrative, Financial and Personnel Services Bureau. (Sec.6)
PATENT
- an exclusive right acquired over an invention, to sell, use, and make the
same whether for commerce or trade.
- it may relate to product, process, or an improvement of any of the
foregoing.
PATENTABLE INVENTIONS
Any technical solution of a problem in any field of human activity which is
new, involves an inventive step and is industrially applicable shall be patentable. It
may be, or may relate to, a product, or process, or an improvement of any of the
foregoing. (Sec. 21)
NON-PATENTABLE INVENTIONS
1. Discoveries, scientific theories and mathematical methods;
2. Schemes, rules and methods of performing mental acts, playing games or
doing business, and programs for computers;
3. Methods for treatment of the human or animal body by surgery or therapy
and diagnostic methods practiced on the human or animal body. This
provision shall not apply to products and composition for use in any of these
methods;
4. Plant varieties or animal breeds or essentially biological process for the
production of plants or animals;
5. Aesthetic creations, and;
6. Anything which is contrary to public order or morality. (Sec.22)
ELEMENTS:
a) Novelty and prior art; (Sec. 23&24)
The element of novelty is an essential requisite of the patentability of an
invention or discovery. If a device or process has been known or used by others
prior to its application or discovery by the applicant, an application for a patent
therefore should be denied, and if the application has been granted, the court, in a
judicial proceeding in which the validity of the patent is drawn in question, will hold
it void and ineffective. It has been repeatedly held that an invention must possess
the essential elements of novelty, originality and precedence, and for the patentee
to be entitled to the protection the invention must be new to the world. (Manzano
vs. CA. GR No.113388. September 5, 1997)
b) Inventive Step
An invention involves an inventive step if, having regard to prior art, it is
obvious to a person skilled in the art at the time of the filing date or priority date of
the application claiming the invention. (Sec 26)
c) Industrial Applicability
An invention that can be produced and used in any industry shall be
industrially applicable. (Sec. 27)
FIRST-TO-FILE RULE
1. if two or more persons have made the invention separately and
independently of each other- right to patent belongs to the person who filed an
application for such invention;
2. if two or more applications are filed for the same invention- to the
applicant who has the earliest filing date or, the earliest filing date. (Sec. 29)
RIGHT TO A PATENT
1. to the inventor, his heirs, or assigns
2. when two or more persons have jointly made an invention - to them jointly
3. if two or more persons have made the invention separately and
independently of each other - to the person who filed an application for such
invention
4. when two or more applications are filed for the same invention - to the
applicant who has the earliest filing date or the earliest priority date.
INFRINGEMENT
The making, using, offering for sale, selling, or importing a patented product
or a product obtained directly or indirectly from a patented process, or the use of a
patented process without the authorization of the patentee.
1. Civil action for infringement
a. to recover from the infringer damages as the court may award provided
that it shall not exceed 3 times the amount of the actual damages sustained plus
attorney’s fees and other expenses of litigation;
b. action for injunction;
c. to receive reasonable royalty, if damages are inadequate;
d. to have the infringing goods, materials, and implements used in the
infringement disposed of outside the channels of commerce or destroyed;
e. to hold contributory infringer jointly and severally liable with the infringer.
2. Criminal action for repetition of infringement
TRADEMARKS/SERVICEMARK
- any visible sign capable of distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include a stamped or marked container of
goods. (Sec. 121.1)
TRADENAME
- name or designation identifying or distinguishing an enterprise. (Sec. 121.3)
DOCTRINE OF SECONDARY
MEANING
- a long time exclusive and continuous use of a mark or name which is
unregistrable for being geographical , descriptive or a surname, such that the mark
or name has lost its secondary meaning and it becomes associated in the public
mind with particular goods.
The infringement case can and should proceed independently from the
cancellation case with the Bureau so as to afford the owner of certificates of
registration redress and injunctive writs. In the same light, so must the cancellation
case with the BPTTT (now the Bureau of Legal Affairs, Intellectual Property Office)
continue independently from the infringement case so as to determine whether a
registered mark may ultimately be cancelled. (Shangri-la International Hotel
Management Ltd. vs. CA. G.R. No. 111580. June 21, 2001)
The format of a show is not copyrightable. The copyright does not extend to
the general concept or format of its dating game show.
Copyright does not extend to an idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in which it is
described, explained, illustrated or embodied in such work.
(Joaquin, Jr. vs. Drilon. January 28, 1999)
Copyright infringement and unfair competition are not limited to the act of
selling counterfeit goods. They cover the whole range of acts, from copying,
assembling, packaging to marketing, including the mere offering for sale of the
counterfeit goods. (Microsoft Corporation vs. Maxicorp., Incorporated. 438
SCRA 224)
FORMALITIES
1. Registration
It must be registered in the Chattel Mortgage Register of the Register of
Deeds where the mortgagor resides or if he resides in the Philippines in the place
where the property is situated. (Sec. 4, Act No. 1508)
2. Affidavit of Good Faith
It is a subscribed statement in contract of chatted mortgage wherein the
parties severally swear that the mortgage is made for the purpose of securing the
obligation specified in conditions thereof, and for no other purpose and that the
same is just and valid obligation and one not entered into for the purpose of fraud.
(Sec. 5, Act No. 1508)
Under Art. 2085 of the Civil Code, one of the essential requisites of the
contract of mortgage is that the mortgagor should be the absolute owner of the
property to be mortgaged; otherwise, the mortgage is considered null and void – an
exception to this rule is the doctrine of “mortgage in good faith.” (Llanto vs.
Alzona. 450 SCRA 288. January 31, 2005)
The right of redemption should be exercised within the specified time limit,
which is one year from the date of registration of the certificate of sale.
In case of disagreement over the redemption price, the redemptioner may
preserve his right of redemption through judicial action which in every case must be
filed within the one-year period of redemption.
The general rule in redemption is that it is not sufficient that a person
offering to redeem manifests his desire to do so – the statement of intention must
be accompanied by an actual and simultaneous tender of payment. (Banco
Filipino Savings and Mortgage Bank vs. CA. 463 SCRA 64. July 28, 2005)
INSOLVENCY LAW
(Act No. 1956)
DISCLOSURE REQUIREMENT:
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 in accordance with rules and regulations prescribed by the
Monetary Board of the BSP, the following information:
1. the cash price or delivered price of the property or service to be acquired;
2. the amounts, if any, to be credited as down payment and/or trade-in;
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. the finance charge expressed in terms of pesos and centavos;
7. the percentage that the finance charge bears to the total amount to be
financed expressed as a simple annual rate on the outstanding unpaid
balance of the obligation;
8. the effective interest rate;
9. the repayment program;
10.the default or delinquency charges on late payments.
(Sec.4)