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Week 5 Law On Other Business Transactions 1
Week 5 Law On Other Business Transactions 1
3.1. ORIGINAL EVIDENCE OF DEPOSITS such as savings passbook, certificate of time deposit, bank
statement, used or unused checks, or ATM card.
3.2. ONE (1) VALID ORIGINAL PHOTO-BEARING IDENTIFICATION DOCUMENT (ID) with clear signature
of depositor/claimant (e.g. Driver's License, SSS/GSIS ID, Senior Citizen's ID, Passport, PRC ID,
OWWA/OFW ID, Seaman's ID, Alien Certificate of Registration ID, Voter's ID) or PhilID. (IT IS
RECOMMENDED TO BRING AT LEAST TWO (2) VALID IDs IN CASE OF DISCREPANCIES IN
SIGNATURE).
3.3. For depositors below eighteen (18) years old, photocopy of birth certificate from the Philippine
Statistics Authority (PSA) or a duly certified copy issued by the local civil registrar, and valid ID of
the parent.
3.4. Original copy of a notarized Special Power of Attorney (SPA) for claimants who are not the
signatories in the bank records. In the case of minor depositor, the SPA must be executed by the
parent. (please click to download the sample Form of SPA).
When filing claim during the onsite CSO period, or during personal filing at the PDIC PAC, a system
generated Claim Form shall be printed by PDIC representative after interview/processing.
When filing through mail, please download the PDIC Claim Form (Please click to download the Claim
Form). The Claim Form needs to be accomplished, signed, and notarized. Depositors are required to
check one (1) preferred payment option in the Deposit Insurance Payment Option (DIPO).
Depositors must ensure that the signature on the Claim Form and DIPO is similar with the signature
in the bank records and the valid IDs submitted.
2.1. With valid deposit accounts with balances of more than P100,000.00;
2.2. With outstanding obligations with the closed bank either as borrower, co-maker, or as
spouse of borrower;
2.3. With incomplete mailing address found in the bank records, or failed to update them
through the MAUF issued by the PDIC;
2.5. With accounts not eligible for early payment, regardless of type of account and
account balance per advice of PDIC; and
2.6. Who are deceased whose filing of claim is thru the legal heirs.
Remember!
1. Claims should be filed within the two-year prescriptive period after PDIC's takeover of the
closed bank.
2. For depositors below 18 years old, a parent should sign on the Claim form.
For By or ITF accounts, the agent as disclosed in the bank records may sign on the Claim
Form. For joint accounts "OR, AND/OR, AND" each depositor in the joint account should
sign separate Claim Form. For business entities, deceased depositors, and depositors who
executed a Special Power of Attorney (SPA), only the authorized representative/s should
sign on the Claim Form
3. The PDIC will not accept claims that are incomplete or lacking in requirements.
4. The PDIC may also require additional documents in the course of claims processing.
5. All documents originated or executed abroad should be apostillized by Competent Authority
of the Apostille country; or the documents may be notarized by the Philippine Embassy or
Consulate in a foreign country.
6. The PDIC, as Receiver, has the authority to adjust the interest rate on unpaid interests on
deposits if such rate is deemed unreasonably higher compared to market rates.
7. The standard procedures for claims settlement may not apply if the closed bank fails to
properly turn over to the PDIC the closed bank's complete records. Without the complete
records, the PDIC will not be able to conduct the validation process for bank deposits, a
requirement before deposit insurance claims are paid.
e. Calculation of Liability
i. Per depositor, per capacity rule
- 500 maximum na makukuha ng depositor.
ii. Joint accounts
- 500 maximum, pero pwedeng umabot ng 1M yung makukuha ng
depositor, kung meron syang single account sa same na bangko,
kasi hiwalay yung settlement ng joint sa single.
- Hahatiin yung 500k kung ilan sila.
Example:
2. Secrecy of Bank Deposits – RA No. 1405 ((144) LAWS 1043 - Bank Secrecy
Law, Unclaimed Balances Act - YouTube)
a. Purpose – (Sec. 1)
- I-encourage yung mga tao na i-deposit yung pera nila sa bangko at
‘wag ipunin sa bahay, para yung pera umikot at magamit ng banks
for loans para ma-improve yung economic development ng
country.
b. Prohibited Acts – (Sec. 3)
- It shall be unlawful daw for any official or employee ng banking
institutions na i-disclose or ibigay sa kahit sino man yung kahit
anong information concerning said deposits, other than those
mentioned sa section 2 (like government, bureau or office). Bawal i-
disclose yung information.
c. Deposits Covered – (Sec. 2)
- Covered yung government bonds and its instrumentalities, sa
PDIC law hindi. (Peso deposit)
- Yung mga covered ng law na ito ay ang lahat ng deposit of
whatever nature with banks or banking institution na nasa
Pilipinas, kasama yung investments in bonds na in-issue ng
government, its political subdivision and its instrumentalities. Yung
mga nabanggit ay considered na confidential at bawal tignan at
malaman ng kahit sino mang tao.
d. Exceptions – (Sec. 2)
- Merong written permission ng depositor, or
- Merong impeachment, or
- Merong order ng court in cases of bribery or dereliction of duty of
public officials (hindi ginawa yung duty), or
- In cases na yung pera na dineposit or ininvest ay subject matter ng
litigation (lawsuit).
-
3. Truth in Lending Act – RA No. 3765 ((144) RFBT 8.3 Truth in Lending Act -
YouTube)
AN ACT TO REQUIRE THE DISCLOSURE OF FINANCE CHARGES IN CONNECTION
WITH EXTENSIONS OF CREDIT.
a. Purpose – (Sec. 2)
- Protektahan yung mga citizen from a lack of awareness kung ano
talaga yung totoong cost ng credit or nang uutangin nila by
assuring a full disclosure. Kapag magpapautang daw dapat lahat
ng cost na babayaran ng debtor ay id-disclose, like interest rate,
penalties, and the likes.