Professional Documents
Culture Documents
Section 1
BSP – enjoys fiscal and administrative autonomy. Section 10
Grounds for removal
Section 2 President may remove any member of the MB fro the ff:
Capital of BSP – P200 Billion 1. Subsequent dq under sec 8
Fully subscribed by the Government 2. Physically/mentally incapacitated; cannot discharge functions
Increase in capitalization funded SOLELY by dividends of BSP in properly AND lasted for 6 months
favor of the National government. 3. Guilt of acts or operations of fraudulent/illegal character
Declared dividends deostied in a general fund 4. No longer possess the qualifications of Sec 8
Section 3 Section 11
Responsibilities of BSP Frequency of meetings – once a week
1. Provide policy directions in money, banking, credit Who can call meetings:
2. Supervision over banks 1. Governor
3. Regulatory and examination powers over 2. 2 MB memebrs
a. Quasi-banking operations of NON-BANKS
b. Money service business Quorum:
c. Credit granting business 4 members inclusive of BSP governor
d. Payment system operators
4. Have powers to authorize persons to engage in business What declarations require
5. Oversee payment and settlement systems in the ph Concurrence of at last 4 members.
Section 5 Section 15
Powers of BSP In the exercise of its authority, the MB shall
1. Adopt, alter, use a corporate seal 1. issue rules and regualtions necessary for the effective discharge of
2. Enter into cotnracts powers of MB
3. Lease/own RP and PP 2. direct mgt,operations, admin of BSP
4. Sell/dispose RP and PP 3. establish HRM
5. Sue and be sued a. note on compensation structure (jurisprudence says
6. Do and perform other things necessary that SG 19 and below, no longer subject to SSL)
7. Acquire and hold assets 4. adopt annual budget and authorize expenditures
8. Incur liabilities in connection with its operations 5. indemnify members of BSP against all costs, expenses reasonable
9. Compromise/condone any claim/liab to BSP incurred by reason of performance of functions
Section 6 Section 16
MB composition Unless the acts or omissions of the BSP, members of MB are fully adjudged as
Who exercises powers of BSP – MB willful violation of the act, they are held free and harmless to fullest extent
Members – 7 permitted by law from any liability and shall be indemnified for any cost,
Term - years expenses in performance of duties.
7 members: Section 17
1. BSP gov (chairman); if unable to attend a meeting, designate a Powers and duties of governor
deputy governor to act as alternate 1. prepare agenda for meetings of MB
2. Member of the cabinet; designated by the president; if unable to 2. execute and administer policies approved by MB
attend, designate a Usec in his department as alternate 3. direct and supervise admin of MB (can delegate)
3. 5 members from private sector;to serve full time 4. appoint and fix remunerations and emoluments of personnel below
rank of dept head
NOTE: no reappointment more than once 5. render opinions which shall be final and exec UNLESS reversed by
MB
Section 7 6. exercise other powers vested in him by MB
vacancy due to death, resignation, removal – filled by appointment of new
member for unexpired period. Section 18
Rep of MB and BSP
Section 8 Governor shall be the rep of MB and BSP and empowered to
Qualifications 1. rep MB and BSP in all dealings with govt offices
1. Natural born citizen 2. sign contracts entered into by BSP, reports, balance sheets, etc
2. At least 35 3. represent BSP and MB in any legal proceedings
a. BUT Governor – 40 4. delegate power to rep BSP
3. Unquestionable integrity
4. Known probity and nationalism Section 19
If time is insufficient to call a meeting
Section 9 Governor + 2 members of MB may decide any matter or take action within
Disqualifications: member of MB authority of MB
1. Cannot be a DOECLAS of any
a. Bank BUT governor should later submit a report within 72 hours to president and
b. Quasi-bank congress
c. Institution subject to supervision of BSP
Consequence: Divest himself of any and all interests in such Then governor should call meeting of MB for ratification at soonest possible
institution before assumption of office. time.
2. If coming from private sector – not hold any other public office or
public employment during their tenure. Section 20
3. Cannot be a member if Governor and FULL time (the 5 members from private sector) members of MB
a. he is connected directly with any multilateral banking 1. may not accept any other employment whether paid or not paid
or financial institution 2. XPT: eleemosynary, civic cultural, by designation of pres, tasked to
b. or has a substantial interest in any private bank in PH represent interest of the govt
c. within 1 year from appointment
4. Cannot be employed in any (#3) institution within 2 years after Section 21
expiration of his term Governor + BSP appoints not more than 5 deputy governors who shall perform
a. EXCEPT: when he serves as an official representative of duties that may be assigned to them by the governor and board
the PH to such institution.
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Banking notables from Codal provisions
In absence of governor, a deputy designated by the governor shall act as chief 2. MB finds that a bank or quasi-bank is
executive of BSP 3. In a state of
a. Continuing inability or
Section 23 b. Unwillingness to maintain a condition of liquidity to
BSP has authority to require from any person/entity including govt offices, any protect depo/creds
data for statistical and policy development purposes in relation to the proper 4. MB may appoint a conservator
discharge of its functions.
Powers/resp of conservator
NOTE: 1. Powers which mb may deem necessary
1. Disaggregated data – subject to confidentiality laws 2. Report and be responsible to MB
2. Governor has power to issue subpoena for production of books, 3. Power to overrule/revoke actions of previous mgt/bod of bank/qb
records
a. If not done, can be held in contempt NOTE:
3. Data on individuals and firms gathered by BSP not made available 1. Conservatiorship should not exceed 1 year
a. XPT: collective data may be released to interested 2. Remuneration of conservator fixed by MB in amount not to exceed
persons 2/3 salary of president of institution
Section 25 a. NOTE: if conservator is from BSP, not entitled to receive
BSP has power to conduct REGULAR/SPECIAL examination of: remuneration from BSP for conservatorship
1. Banks
2. Quasi banks When conservatorship terminated
3. Including subsidiaries and affiliates engaged in allied 1. When MB finds institution can continue to operate on tis own
activities 2. When mb finds on basis of report that continuance of business
would involve probable loss
Subsidiary- >50% of VOTING STOCK (directly or indirectly owned)
Section 30 VIP
Affiliate – 50% VOTING STOCK OR LESS When thre can be receivership/liquidation
1. Ses issues report
GR: No restraining order or injunction shall be issued by the court enjoining 2. MB finds that bank/qb: P-W-I-C
the BSP a. P-U-N-D-S
i. Notified BSP or
UNLESS: there is convincing proof that the action of the BSP is plainly ii. publicly announced a unilateral closure or
arbitrary and made in bad faith. iii. has been dormant for 60 days
iv. suspended payment of its deposit
Section 25-a substitues/ liabs
Transfers or acquisition OR a series of at least 10% of VOTING STOCK in banks v. unable to pay liabs when they become due in
or quasi-banks require prior approval of BSP ordinary course of business
b. has insufficient realizable assets to meet liabs
If no approval, no legal effect, transferor shall remain accountable. c. cannot continue business without involving probable
loss
BSP may share with PDIC any info it obtained ertaining to such d. willfully violated cease and desist order that has
transfer/acquisition. become final
EFFECT:
Section 26 MB may summarily AND without need for previous hearing
Any DOS together with RI who contracts a loan or any form of financial 1. forbid institution from doing business AND
accommodation from: 2. designate as receiver
1. His bank a. PDIC – for banks
2. A bank which has the same parent as his bank b. Any person knowledgeable with banking – QBs AND
3. A bank which has the same bank owning a controlling proportion 3. Direct PDIC to proceed with liquidation
of shares as his bank) 4. MB should notify bank in writing of its decision
In excess
1. of 5% of the capital and surplus of the bank or NOTE:
2. maximum amount permitted by law (whichever LOWER) 1. Actions under Sec 29 AND 30 are final and executory and may NOT
be restrained or set aside
Effect: required to waive secrecy of bank deposits a. EXCEPT: on petition for certiorari on ground of
GADALEJ
Any info obtained, confidential. b. Filed by – SH with majority of CS
c. Filed within -10 days from receipt of order directing
Section 27 receivership, liquidation, conservatorship
Additional prohibitions of personnel of BSP: 2. Appointment of receiver exclusively vested with MB
1. Being a DOECLAS of any institution subject to supervision/exam by 3. Designation of conservator not precondition for designation of
BSP, receiver
a. EXCEPT: 4. Authority of MB to forbid banks from doing business may be
i. Non-stock savings and loan assoc exercised over non-stock savings loan assoc
ii. Rprovident funds for BSP employees only
2. Direct/indirectly requesting gift from institution subject to S/E Section 33
3. Revealing infor as to the condition of the institution BSP may, if public interest requires, award to an institution banking
a. Except as allowed by law franchise of a bank under liquidation
4. Borrowing from any institution subject to S/E of BSP Whatever proceeds from such awards subject to exclusive
a. UNLESS such is at arm’s length disposition of MB
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Banking notables from Codal provisions
a. If case not done within 120 days, reinstated Up to P20 – 10 cents and below
b. Respondent afforded opportunity to be heard
CB circular 537
Section 38-a Up to 1000 – P1, P5, P10
ONLY CA and SC can issue Up to 100 – 1cent, 5 cents, 10 cents, 25 cents
1. TRO
2. WPI Section 53
3. WPMI It is the MB (with president’s approval) – who prescribes denominations,
Against BSP dscriptions, incriptions, etc of currencies
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Banking notables from Codal provisions
Section 88-A
Section 75 Collaterals on loans and advacnes granted by BSP w/n interest is registred
With MB approval, BSP may pledge any gold or other assets which it possesses shall not be subject to:
as security against loans which it receives from foreign or international 1. Attachment
entities. 2. Execution
3. Any other court processes
Section 76 4. Admins restriction on land use
To have sufficient forex resources, MB may require the banks to sell to the BSP 5. Included in pp of insolvent persons
or to other banks all or part of their surplus holdings of foreign exchange.
Section 88 –B
Section 80 No restraining order or injunction shall be issued by the court enjoining the
Banks shall report to the Bangko Sentral the BSP from proceeding with the foreclosure of the mortgage UNLESS a bond is
1. volume and composition of their purchases and sales of gold and posted in favor of the BSP in an amount equivalent to the total claim of the
foreign exchange each day, and BSP.
2. furnish such additional information as the Bangko Sentral may
request with reference to the movements in their accounts in TRO can be released if BSP also files a bond.
foreign currencies.
Section 88 – D
Section 81 All unsecured claims of the Bangko Sentral shall be considered preferred
Normal credit operations: credits similar to taxes due to the National Government in the order of
1. commercial credits – rediscounting, discounting, purchase and sell preference under Article 2244 of the new Civil Code.
of bills and instruments with maturities of not>180 days
2. Production credits - rediscounting, discounting, purchase and sell Section 89
of bills and instruments with maturities of not>360 days BSP can make direct provisional advances with or without interest to NG to
3. Other credits. — Special credit instruments not otherwise finance expenditures in annual approp
rediscountable under the immediately preceding subSections Provided:
4. Advances against the ff collaterals not >180 days: 1. Advances repaid before end of 3 months
a. Gold coins/bullion a. Extendible to another 3 months as MB may allow
b. Securities representing obli of BSP 2. shall not, in their aggregate, exceed twenty percent (20%) of the
c. Credit insturments with average annual income of the borrower for the last three (3)
i. Not>180 maturity preceding fiscal years
ii. Not >360 maturity
5. Utilized portions of advances in current amount covered by regular Section 89-A
overdraft agreements
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Banking notables from Codal provisions
BSP may formulate rules and regulations for the extension of financial facilities 3. any other order or process of any court, government agency or any
to islamic banks –should be secured other administrative body issued to satisfy the claim of a party
other than the Government
Section 89-B
BSP can lend to PDIC – for insurance purposes Section 107
When MB may place ceilings
Section 93 1. when MB considers it advisable to prevent or check an expansion
At least ONCE EVERY MONTH MB shall review portfolio of the BSP in relation of bankcredit
to its future credit policy 2. board may place upper limit on amount of loans and investments
which bans may hold or
Section 94 3. place a limit on the rate of increase of such assets within specified
All banks operating in the Philippines shall be required to maintain periods of time
reserves against their deposit liabilities In no case shall MB establish limits below value of loans/investments of banks
All banks at MB’s discretion can also be required to maintain on date on which they are notified of such restrictions.
reserves for funds held in trust Section 109
The required reserves of each bank shall be proportional to the Government-owned corporations which perform banking or credit functions
volume of its deposit liabilities and shall ordinarily take the form of shall coordinate their general credit policies with those of the Monetary Board.
a deposit in the Bangko Sentral.
Reserve requirements shall be applied to all banks of the same Section 110
category uniformly and without discrimination. BSP shall act as a banker of the Government, its political subdivisions and
MB may exempt from reserve requirements deposits and deposit instrumentalities.
substitutes with remaining maturities of two (2) years or more, as
well as interbank borrowings. Section 111
BSP shall not pay interest on reserves maintains with it unless MB BSP shall represent the Government in all dealings, negotiations and
decides otherwise transactions with the
a. International Monetary Fund
Section 95 b. International bankfor Reconstruction and Development
Deposit substitutes – alternative form of obtaining funds from Section 113
public other than deposits BSP shall be official depository of govt and subdivisions
“obtaining funds from public” – means borrowing from 20 or more their cash balances should be deposited with the Bangko Sentral, with only
at any one time minimum working balances to be held by government-owned banks and such
Not covered by sec 94: other banks licensed to operate in the Philippines
1. deposit substitutes of commercial, industrial and other
nonfinancial companies for the limited purpose of financing Section 114
their own needs or the needs of their agents or dealers BSP shall open a general cash account for the Treasurer of the
Philippines, in which the liquid funds of the Government shall be
Section 96 deposited.
MB may alter reserves when it deems necessary Transfers made only upon order of treasurer of PH
Section 103 (b) income in pursuit of its primary objective to maintain price stability
Deposits maintained by banks with the Bangko Sentral as part of their reserve conducive to a balanced and sustainable growth of the economy, and the
requirements shall be exempt from promotion and maintenance of monetary and financial stability and the
1. attachment, convertibility of the peso.
2. garnishments, or
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Banking notables from Codal provisions
All other incomes not included in the above enumeration shall be considered
as proprietary income and shall be subject to all taxes
Section 126
BSP fully exempt from all customs duties and consular fees and from all other
taxes, assessments and charges related to such importation or exportation
Section 128
BSP shall NOT
1. acquire shares of any kind or accept them as collateral,
2. participate in the ownership or management of any enterprise,
either directly or indirectly
a. Prohibition shall N/A whenever the Monetary Board, by
a vote of at least five (5) of its members,
i. deems an acquisition or investment to be
necessary to qualify or as required for
membership in international and regional
organizations; or
ii. determines that investing in and/or
operating an enterprise will be consistent
with the effective fulfillment of its mandate
and will not constitute any conflict of
interest.
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