Documenti di Didattica
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Documenti di Cultura
PDIC is a government instrumentality created in 1963 by virtue of Republic Act 3591 to insure the deposits of all
banks which are entitled to the benefits of insurance. The PDIC is an attached agency of the Department of
Finance.
The latest amendments to RA 3591 are contained in RA 10846 signed into law on May 23, 2016. Ra 10846
empowered PDIC with stronger authorities to protect the depositing public and promote financial stability. The
new law also includes important provisions to ensure that the PDIC remains financially and institutionally strong
to fulfill its mandate under its Charter.
The PDIC now has the authority to help depositors have quicker access to their insured deposits should their
banks close; resolve problems banks while still open; hasten the liquidation process for closed banks; and mete
out stiffer sanctions and penalties against those who engage in unsafe and unsound banking practices.
Under amendment, depositors would have quicker access to their insured deposits in the event of bank closure
since PDIC now has the authority to pay insured deposits without netting out depositors’ loan obligations with
the closed bank and based on evidence of deposits and not on the closed bank’s records alone.
With its enhanced resolution authorities, PDIC would also be able to more effectively promote financial
inclusion through early intervention in problem banks or open bank resolution. In cases where bank closure
become inevitable, the new law enhanced the chances of recovery by creditors of their claims against the
assets of the closed bank by preventing the further dissipation of these assets through seamless transition from
bank closure to liquidation.
The new law does away with the 90-day receivership period and allows PDIC to proceed directly with
liquidation. The immediate assignment of encumbered assets to closed bank creditors, adoption of purchase
of assets and assumption of liabilities as a mode of liquidation, and express prohibition on reopening of banks
ordered closed by the Monetary Board of the BangkoSentralngPilipinas would help enhance recovery rate for
creditors of closed banks.
1. By Deposit Type
a. Savings Deposit
b. Special Savings
c. Demand/Checking Account
d. Negotiable Order of Withdrawal (NOW)
e. Certificate of Time Deposits
2. By Deposit Account:
a. Single Accounts – are individually-owned account or accounts held under one name, either as
natural person (single proprietorship or individual) or juridical entity (corporation, partnership or
cooperative).
b. Joint Accounts – are accounts held under more than one name
i. A joint account regardless of whether the conjunction ”and”, “or”, or “and/or” is used shall be
insured separately from single accounts
ii. Unless a different sharing is stipulated in the deposit documents, the insured amount up to the
Maximum Deposit Insurance Coverage of Php500,000 shall be divided equally between or
among co-owners of a joint account.
iii. The total shares of a co-owner in several joint accounts may exceed Php500,000 but will only be
insured up to the Maximum Deposit Insurance Coverage of Php500,000.
iv. Joint accounts held in the name of a juridical entity and a natural person shall be presumed to
belong solely to the juridical entity.
c. Account “By”, “In Trust For” (ITF) or “For the Account of (FAO) another person
i. In a “By” account, Ana by Ben, Ana is the depositor.
ii. In an “In Trust For” (ITF) account, Ana in trust For Ben, Ben is the depositor.
iii. In a “For the Account of” (FAO) account, Ana For the Account of Ben, Ben is the depositor.
d. Explanatory Notes
i. To simplify: In the case where a depositor is the sole beneficial owner of a single, “For the
Account of”, “By”, and “In Trust For“ accounts, the consolidated balances of these accounts
shall be insured up to Php500,000.
ii. The depositor’s total share in his/her joint accounts shall be separately insured up to Php500,000.
iii. A depositor with single accounts and joint accounts may have insured deposits of up to
Php1,000,000.
a. Investment policiessuch as bonds and securities, trust accounts and other similar instruments
b. Deposit accounts or transactions that:
i. Are unfunded, fictitious or fraudulent
ii. Constitute and/or emanate from unsafe and unsound banking practices as determined by the
PDIC, in consultation with the BSP after due notice and hearing and publication of PDIC's cease
& desist orderagainst such deposit accounts/transactions
iii. Are determined to be proceeds of an unlawful activity as defined in the Anti-Money Laundering
Act(Republic Act 9160, as amended)
Note: Unsafe and unsound deposit-related activities include, among others: (PDIC Regulatory Issuance No.
2011-01)
Deposit-related practice/activity/transaction without the approval or adequate controls required under
existinglaws, rules and regulations
Failure to keep bank records within bank premises
Granting high interest rates, when bank has: (1) negative unimpaired capital, or (ii) liquid assets to deposit
ratioless than 10%
Non-compliance with PDIC regulations
Deposits are considered valid upon the determination by the PDIC, based on bank records that the deposits
were
Illustrative examples:
1. How much is Fe Santos's insured deposit if she has the following four deposit accounts in the same bank?
ACCOUNT NAME Deposit (In PHP) Insured Deposit of Fe Santos
Fe Santos 100,000 100,000
Ben Santos For the Account of Fe Santos 100,000 100,000
Charlie Santos In Trust For Fe Santos 100,000 100,000
Fe Santos’ Store (Sole Proprietorship) 700,000 200,000
Total 1,000,000 500,000
2. How much is Fe Santos's insured deposit if she has the following three joint accounts in the same bank?
ACCOUNT NAME Deposit (In PHP) Insured Deposit of Fe Santos
Fe Santos or Ben Santos 500,000 250,000
Fe Santos and Ben Santos 1,000,000 250,000
Fe Santos and/or Ben Santos 1,000,000 0*
Total 2,500,000 500,000
*Note: Mrs. Fe Santos does not have any insured deposit share since she already has P500,000 in total shares in
the two joint accounts she has with Ben and Charlie Santos.
3. How much is Fe Santos's insured deposit for all her single and joint accounts in the same bank?
ACCOUNT NAME Deposit (In PHP) Insured Deposit of Fe Santos
All single accounts of Fe Santos in BDO 1,000,000 500,000
Branch 1
All single accounts of Fe Santos in BDO 2,500,000 500,000
Branch 1
Total 3,500,000 1,000,000
Note: For purposes of computing the insured deposits, all obligations or loans of the depositor with the closed
bank, as of bank closure, shall be deducted from the depositor's total deposits with the said bank. (PDIC
Regulatory Issuance No. 2011-04)
Claims are filed during the claims settlement operations period, as announced in the Notice to Depositors
published in national or local newspapers, or posted in the bank premises and conspicuous places within the
locality, and in the PDIC website
Depositors have two (2) years from PDIC's takeover of the closed bank to file their deposit insurance claims.
a. Depositors with valid deposit accounts with balances of more than Php100,000.
b. Depositors who have outstanding obligations with the closed bank regardless of amount of deposits.
c. Depositors with account balances of less than Php100,000 who have no updated addresses in the
bankrecords or who have not updated their addresses through the Mailing Address Update Form
(MAUF)issued by the PDIC.
d. Depositors who maintain their accounts under the name of business entities, regardless of type of
accountand account balance.
e. Depositors with accounts not eligible for early payment, regardless of type of account and
accountbalance per advice of PDIC.
3.Who are depositors not required to file deposit insurance claims?
Depositors with valid deposit accounts with balances of Php100,000 and below are not required to file claims
provided they have no obligations with the closed bank and have complete and updated addresses in the
bank records or have updated these through the Mailing Address Update Form (MAUF) issued by the PDIC.
Depositors with deposit balances of Php100,000 and below may update their addresses using the MAUF and
submit to PDIC representatives stationed at the closed bank premises before the start of the onsite claims
settlement operations
These depositors are entitled to immediate/early payment of deposit insurance claim as part of PDIC's initiative
to provide convenience to small depositors. Payments to these depositors are sent as postal money orders to
the depositors' mailing addresses.
b. Mode of payment
i. By Cash
ii. By making available to each depositor a transferred deposit in another insured bank in an
amountequal to insured deposit of such depositor
c. Instances when Confidentiality of Domestic Bank Deposits is Not Absolute. Bank deposits andinvestments in
government bonds may be examined, inquired or looked into under limited exceptions in Republic Act No.
1405 and in other laws as enumerated below:
1. Exceptions under the Law on Secrecy of Bank Deposits. Section 2 of Republic ActNo. 1405 provides that
bank deposits and government bond investments may be examined, inquired and looked into in the
following instances:
a. Upon written permission or consent in writing by the depositor. For consent to bevalid, it should be
made knowingly, voluntarily and with sufficient awareness ofthe relevant circumstances and likely
consequences.
b. In cases of impeachment of the President, Vice President, members of theSupreme Court, members
of the Constitutional Commission (Commission on Elections, Civil Service Commission and
Commission on Audit) and the Ombudsman for culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes or betrayal of public trust. (Art. XI, Sec. 2, 1987
Philippine Constitution)
c. Upon order of a competent court in cases of bribery or dereliction of duty ofpublic officials.
d. In cases where the money deposited or invested is the subject matter of thelitigation. The money
deposited should be the very thing in dispute. (MellonBank, N.A. v. Magsino, 190 S.C.R.A. 633 [1990])
2. Exceptions under Other Laws. Bank deposits and investments may be examined,inquired or looked into
as provided for under other laws in the following instances:
a. The Ombudsman has the power to issue subpoena and subpoena ducestecum,take testimony in
any investigation or inquiry, as well as examine and access bank accounts and records. The power
of the Ombudsman to subpoena deposit information of a government official may be exercised
when the following conditions concur: (1) there must be a case pending before a court of
competent jurisdiction; (2) the account must be clearly identified; (3) the inspection must be limited
to the subject matter of the pending case; and (4) the bank personnel and the account holder
must be notified to be present during the inspection. (Marquezv. Desierto, 359 S.C.R.A. 772 [2001])
b. Bank deposits of a public official, his spouse and unmarried children may betaken into consideration
in the enforcement of Section 8 of The Anti-Graft andCorrupt Practices Act (Rep. Act No. 3019)
c. Directors, officers, stockholders and related interests who contract a loan or any form of financial
accommodation with their bank or related bank are required to execute a written waiver of
secrecy of deposits pursuant to The New CentralBank Act. (Sec. 26, Rep. Act No. 7653)
d. The Commissioner of Internal Revenue is authorized to inquire into bank depositaccounts in relation
to: (1) an application for compromise of tax liability or a determination of a decedent's gross estate
under The National Internal Revenue Code (Rep. Act No. 8424, as amended by Rep. Act No. 10021);
and (2) a request for tax information of specific9 taxpayers made by a foreign tax authority pursuant
to a tax treaty under The Exchange of Information on Tax Matters Act of 2009 (Rep. Act No. 8424, as
amended by Rep. Act No. 10021).
e. The Anti-Money Laundering Council may be authorized to examine and inquire into bank deposits
or investments with banks or nonbank financial institutions - (1) with court order, when there is
probable cause that the deposits or investments are related to an unlawful activity or a money
laundering offense (Secs. 3[i] and of Rep. Act No. 9160); and (2) without need of court order, when
probable cause exists that a particular deposit or investment with any banking institution is related to
certain predicate crimes, such as kidnapping for ransom, violation of the Comprehensive
Dangerous Drugs Act, hijacking and other violations under Republic Act No. 6235, destructive arson
and murder (Sec.11 of Republic Act No. 9160).
f. The BangkoSentral is authorized to - (1) inquire into or examine bank depositsor investments in the
course of a periodic or special examination to ensure compliance with The Anti-Money Laundering
Law, in accordance with the rule of examination of the BangkoSentral (Sec. 11, Rep. Act No. 9160,
as amended); and (2) conduct annual testing which is limited to the determination of the existence
and true identity of the owners of numbered accounts (Sec. 9, Rep. ActNo. 9160, as amended).
g. The Philippine Deposit Insurance Commission and the BangkoSentral mayinquire into bank deposits
when there is a finding of unsafe or unsound bankingpractices. (Sec. 8, Rep. Act No. 3591, as
amended)
h. The Court of Appeals, designated as a special court, may issue an orderauthorizing law
enforcement officers to examine and gather information on the deposits, placements, trust
accounts, assets and records in a bank or financial institution in connection with anti-terrorism case.
(Rep. Act No. 9372)
i. The Commission on Audit is authorized to examine and audit government deposits pertaining to the
revenue and receipts of, and expenditures or uses of funds and properties, owned or held in trust by,
or pertaining to, the Government or any of its subdivisions, agencies or instrumentalities, including
governmentowned and controlled corporations with original charters. (See Art. IX-D,
1987Constitution and Pres. Dec. No. 1445)
j. The Presidential Commission on Good Government, in the conduct of itsinvestigations to recover ill-
gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family,
relatives, subordinates and close associates, may issue subpoenas requiring the attendance and
testimony of witnesses and/or the production of books, papers, contracts, records, statement of
accounts and other documents. (Sec. 3 [e], Exec. Order No. 1 [1986])
4. Authorized Disclosures by authorized and responsible bank officials areallowed in the following
instances:
a. reporting of unclaimed balances to the Treasurer of the Philippines (Secs. 1 & 2,Act No. 3936)
b. turn-over to the Commissioner of Internal Revenue of the amount in bank accounts as may be
sufficient to satisfy the writ of garnishment issued to collectdelinquent taxes (Secs. 205 & 208, Rep.
Act No. 8424); and
c. submission of report, and turn-over to, the court officer or executing sheriff ofgarnished amounts
pursuant to a writ of garnishment in satisfaction of a judgment (Sec. 9[c], Rule 39, Rules of Court; See
China Banking Corporation v. Ortega, 49SCRA 355 [1°73].
d. disclosure by a bank officer or employee upon order of the court in connectionwith a deposit in a
closed bank that was used in the perpetration of anomalies (Soriano v. Manuzon, C.A.G.R.-S.P No.
87634)
d. Penalties Violation of Republic Act No. 1405 will subject the offender, upon conviction, to thefollowing
penalties:
i. imprisonment of not more than five years;
ii. fine of not more than P20,000.00; or
iii. both imprisonment and fine.
B. FOREIGN CURRENCY DEPOSIT ACT OF THE PHILIPPINES (REPUBLIC ACT NO. 6426)
a. All foreign currency deposits are absolutely confidential and cannot be examined, inquired, or looked
intoby any person, government official, bureau or office, whether judicial or administrative or legislative,
or any other private or public entity.
b. Foreign currency deposits are also exempt from attachment, garnishment, or any other order or process
ofany court, legislative body, government agency or any administrative body whatsoever. (Sec. 8, Rep.
Act No. 6426) Foreign currency deposits refer to funds in foreign currencies which are accepted and
held by authorized banks in the regular course of business with the obligation to return an equivalent
amount to the owner thereof, with or without interest.
c. Prohibited Acts and Persons Liable. The following are liable under this law:
i. Any person or government official who, or any government bureau or office that, examines,inquires
or looks into a foreign currency deposit without the written permission of the depositor (Sec. 8, Rep.
Act No. 6426);
ii. (Any official or employee of a banking institution who makes a disclosure concerning
foreigncurrency deposits to another, in any instance not allowed by law (See Sec. 10, Rep. Act
No.6426);
iii. Anyone who shall attach, garnish, or subject the foreign currency deposit to any other order
orprocess of any court, legislative body, government agency or any other administrative body (Sec.
8, Rep. Act No. 6426); and
iv. Any person who commits a willful violation of any of the provisions of Republic Act No. 6426
orregulation issued by the Monetary Board pursuant to the said law (Sec. 10, Rep. Act No. 6426).
d. Instances when Confidentiality of Foreign Currency Deposits is Not Absolute. Foreign currencydeposits
may be examined, inquired or looked into under the limited exceptions in Republic Act No. 6426 and in
other laws.
i. Exception under The Foreign Currency Deposit Act. Foreign currency deposits may beexamined,
inquired of looked into when there is written permission of the depositor. (Only one exception under
R,A, 6426)
f. The following sanctions say also be imposed against a bank or any bank director and officer forviolation
of the provisions of Republic Act No. 6426 and BangkoSentral regulation issued pursuant to said law:
i. revocation of the authority of the bank to accept new foreign currency deposits; and
ii. administrative sanctions provided under Section 37 of the New Central Bank Act (Rep. Act No.7653),
as may be applicable
A. Definition of Terms
a. "Unclaimed Balances" shall include credits or deposits of money, bullion, security or other evidence
ofindebtedness of any kind, and interest thereon with banks in favor of any person known to be dead or
whohas not made further deposits or withdrawal during the preceding ten (10) years or more.
b. "Applicant" pertains to the depositor or his successor-in-interest who requests for the reactivation of
theaccount which was reported by his depository bank to the Treasurer of the Philippines pursuant to
theUnclaimed Balances Law.
c. "Procedure" refers to the course of action to be complied with by the applicant in order that his request
begiven due course.
d. "Covered Institution” refers to all banks, trust companies, savings and mortgage banks, mutual
buildingand loan associations, all banking institutions of every kind, covered under Act No. 3936, as
amended by P.D. 679, which reported to the Treasurer of the Philippines as unclaimed the account
being applied for reactivation.
e. "Affidavit of Undertaking" is a sworn statement executed by the responsible authorized officer of the
bank absolving the Bureau of the Treasury from any liability that may arise due to the granting of the
Applicant's request for reactivation.
B. Procedure for Reactivation of Unclaimed Balances Reported to the Treasurer of the Philippines
i. Letter Request of Depositor/Creditor. The depositor/creditor shall write his depository bank requesting
forthe reactivation of his account which was included in the report of unclaimed balances to the
Bureau ofthe Treasury.
ii. Authentication. The covered institution shall authenticate and verify the request for reactivation and
thesignature of the depositor/creditor.
iii. Letter Request of the Covered Institution. The depository bank shall write the Bureau of the
Treasurythrough the authorized approving official, requesting authority to reactivate the deposit
account concernedattaching to its letter the stamped verified letter of the depositor/creditor.
iv. Deed of Undertaking. The covered institution, through its responsible authorized officer, shall execute
aDeed of Undertaking ensuring that the Bureau of the Treasury and its officials and employees shall
befree and harmless from any liability once the account is reactivated.
v. Letter of Authority to Reactivate. Finding complete documentation supporting the request, the Bureau
ofthe Treasury, through the authorized officer shall issue the authority to the covered institution to
reactivate the account.
vi. Entity Requirements. In case the requesting party/deposit/creditor is a juridical entity/person, the
requestmust be accompanied with corresponding board resolutions and/or Secretary's Certificatate
showing that the signatory to the request for reactivation is fully authorized to transact with the Bureau
of the Treasury relative to the reactivation of its account,
vii. APPROVING AUTHORITY The authority to reactivate on unclaimed balance account/s shall be issued by
the following officers:
i. Division Chief/Head Law & Litigation Division Legal Service - aggregate amount ofunclaimed
balance not exceeding, P100,000.00
ii. Director, Legal Service - aggregate amount of unclaimed balance exceeding P100,000.00 butnot
exceeding P500,000.00
iii. Deputy Treasurer of the Philippines - aggregate amount exceeding P500,000.00 but not exceeding
P1,000,000.00
iv. Treasurer of the Philippines - aggregate amount of unclaimed balances exceedingP1,000,000.00
B. Types of Banks
i. "Commercial bank" is a bank which shall have, in addition to the general powers incident
tocorporations, all such powers as may be necessary to carry on the business of commercial banking,
such as accepting drafts and issuing letters of credit; discounting and negotiating promissory notes,
drafts, bills of exchange, and other evidences of debt; accepting or creating demand deposits;
receiving other types of deposits and deposit substitutes; buying and selling foreign exchange and gold
or silver bullion; acquiring marketable bonds and other debt securities; and extending credit, subject to
such rules as the Monetary Board may promulgate. These rules may include the determination of bonds
and other debt securitieseligible for investment, the maturities and aggregate amount of such
investment.
ii. "Universal bank” is a bank which shall have the authority to exercise, in addition to the
powersauthorized for a commercial bank under the law, the powers of an investment house as
provided in existing laws and the power to invest in non-allied enterprises as provided in this law.
iii. "Thrift banks" shall include savings and mortgage banks, private development banks, and stock savings
and loans associations organized under existing laws, and any banking corporation that may be
organized for the following purposes:
(1) Accumulating the savings of depositors and investing them, together with capital loans secured by
bonds, mortgages in real estate and insured improvements thereon, chattel mortgage, bonds and
other forms of security or in loans for personal or household finance, whether secured or unsecured,
or in financing for homebuilding and home development; in readily marketable and debt securities;
in commercial papers and accounts receivables, drafts, bills of exchange, acceptances or notes
arising out of commercial transactions; and in such other investments and loans which the Monetary
Board may determine as necessary in the furtherance of national economic objectives;
(2) Providing short-term working capital, medium- and long-term financing, to businesses engaged in
agriculture, services, industry and housing; and
(3) Providing diversified financial and allied services for its chosenmarket and constituencies specially
for small and medium enterprises and individuals.
iv. "Rural Banks" are banks that extend loan primarily for the purpose of meeting the normal credit needsof
farmers, fishermen or farm families owning or cultivating land dedicated io agricultural production as
well as the normal credit needs of cooperatives and merchants. In granting of loans, the rural bank
shallgive preference to the application of farmers and merchant whose cash requirements are small.
v. "Cooperative Bank" is one organized by the majority shares of which is owned and controlled
bycooperatives primarily to provide financial and credit services to cooperatives. The term
"cooperativebank" shall include cooperative rural banks.
vi. "Islamic Bank” is a bank created to promote and accelerate the socio-economic development of
theAutonomous Region of Muslim Mindanao (ARMM) by performing banking, financing and investment
operations and to establish and participate in agricultural, commercial and industrial ventures based on
the Islamic concept of banking.
vii. "Government-owned banks” are those banks controlled and owned by the national government. They
are created by special law to achieve a particular public purpose. They include Land Bank of the
Philippines and Development Bank of the Philippines
Note: A bank other than a universal or commercial bank cannot accept or create demand deposits except
upon prior approval of, and subject to such conditions and rules as may be prescribed by the Monetary Board.
a. Risk-Based Capital
i. The Monetary Board shall prescribe the minimum ratio which the net worth of a bank must bearto its
total risk assets which may include contingent accounts.
ii. The Monetary Board may require that such ratio be determined on the basis of the net worth andrisk
assets of a bank and its subsidiaries, financial or otherwise, as well as prescribe the composition and
the manner of determining the net worth and total risk assets of banks and their subsidiaries: Provided,
That in the exercise of this authority, the Monetary Board shall, to the extent feasible, conform to
internationally accepted standards, including those of the Bank for International Settlements (BIS),
relating to risk-based capital requirements: Provided, further, That it may alter or suspend compliance
with such ratio whenever necessary for a maximum period of one (1) year: Provided, finally, That such
ratio shall be applied uniformly to banks ofthe same category.
iii. In case a bank does not comply with the prescribed minimum ratio, the Monetary Board maylimit or
prohibit the distribution of net profits by such bank and 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. The
Monetary Board may, furthermore, restrict or prohibit the acquisition of major assets and the making of
new investments by the bank, with the exception of purchases of readily marketable evidences of
indebtedness of the Republic of the Philippines and of the BangkoSentral and any other evidences of
indebtedness or obligations the servicing and repayment of which are fully guaranteed by the
Republic of the Philippines, until the minimum required capital ratio has been restored.
Except as the Monetary Board may otherwise prescribe for reasons of national interest, the total amount
of loans, credit accommodations and guarantees as may be defined by the MonetaryBoard that may
be extended by a bank to any person, partnership, association, corporation or other entity shall at no
time exceed twenty percent (20%) of the net worth of such bank. The basis for determining compliance
with single-borrower limit is the total credit commitment of the bank to the borrower.
ii. Additional Limit of Loan that may be granted by a bank to a single borrower in addition tothe initial
maximum limit
Unless the Monetary Board prescribes otherwise, the total amount of loans, credit accommodations
and guarantees prescribed in the preceding paragraph may be increased by an additional ten
percent (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.
iii. Loans and other credit accommodations included in the computation of Single Borrower'sLimit
(a) the direct liability of the maker or acceptor of paper discounted with or sold to such bankand
the liability of a general indorser, drawer or guarantor who obtains a loan or othercredit
accommodation from or discounts paper with or sells papers to such bank;
(b) in the case of an individual who owns or controls a majority interest in a corporation,partnership,
association or any other entity, the liabilities of said entities to such bank;
(c) in the case of a corporation, all liabilities to such bank of all subsidiaries in which suchcorporation
owns or controls a majority interest; and
(d) in the case of a partnership, association or other entity, the liabilities of the membersthereof to
such bank.
(e) Loans and other credit accommodations, deposits maintained with, and usual guaranteesby a
bank to any other bank or non-bank entity, whether locally or abroad, shall besubject to the
limits as herein prescribed.
Even if a parent corporation, partnership, association, entity or an individual who owns or controls a
majority interest in such entities has no liability to the bank, the Monetary Board may prescribe the
combination of the liabilities of subsidiary corporations or members of the partnership, association, entity
or such individual under certain circumstances, including but not limited to any of the following
situations:
(a) the parent corporation, partnership, association, entity or individual guarantees the repayment
of the liabilities;
(b) the liabilities were incurred for the accommodation of the parent corporation or another
subsidiary or of the partnership or association or entity or such individual; or
(c) the subsidiaries though separate entities operatemerely as departments or divisions of a single
entity.
iv. Loans and other credit accommodations excluded in the computation of Single Borrower'sLimit
(a) loans and other credit accommodations secured by obligations of the BangkoSentral of the
Philippine Government;
(b) loans and other credit accommodations fully guaranteed by the government as to thepayment
of principal and interest;
(c) loans and other credit accommodations covered by assignment of deposits maintained inthe
lending bank and held in the Philippines;
(d) loans, credit accommodations and acceptances under letters of credit to the extentcovered by
margin deposits; and
(e) other loans or credit accommodations which the Monetary Board may from time to time,specify
as non-risk items.
v. The limit on loans, credit accommodations and guarantees prescribed herein shall not apply toloans,
credit accommodations and guarantees extended by a cooperative bank to its cooperative
shareholders.
c. Restriction on Bank Exposure to Directors, Officers, Stockholders, and Their Related Interests (DOSRI)
E. Prohibition to a Bank
a. A bank shall not directly engage in insurance business as the insurer.
G. Limitation of foreign ownership of domestic bank and Filipinos and domestic non-bank corporations.
a. Foreign individuals and non-bank corporations may own or control up to forty percent (40%) of
thevoting stock of a domestic bank. This rule shall apply to Filipinos and domestic non-bank
corporations.
b. 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.
d. Grounds for Removal of member of BSP Monetary Board by President of the Philippines
i. If the member is subsequently disqualified under the provisions of RA 7653.
ii. If he is physically or mentally incapacitated that he cannot properly discharge his duties
andresponsibilities and such incapacity has lasted for more than six (6) months.
iii. If the member is guilty of acts or operations which are of fraudulent or illegal character or whichare
manifestly opposed to the aims and interests of the BangkoSentral.
iv. If the member no longer possesses the qualifications specified in Section 8 RA 7653.
g. Interconvertibility of Currency
i. The BangkoSentral shall exchange, on demand and without charge, Philippine currency of
anydenomination for Philippine notes and coins of any other denomination requested. If for any
reason the BangkoSentral is temporarily unable to provide notes or coins of the denominations
requested, it shall meet its obligations by delivering notes and coins of the denominations whichmost
nearly approximate those requested.
a. The supervising and examining department head, personally or by deputy shall examine the books
ofevery banking institution once in every twelve (12) months, and at such other times as the Monetary
Board by an affirmative vote of five (5) members, may deem expedient and to make a report on the
same to the monetary Board: Provided, that there shall be an interval of at least twelve (12) months
between annual examinations.
b. The bank concerned shall afford to the need of the appropriate supervising and examining
departments and to his authorized deputies full opportunity to examine its books, cash and available
assets and general condition at any time during banking hours when requested to do so by the
BangkoSentral: Provided, however, That none of the reports and other papers relative to such
examinations shall be open to inspection by the public except insofar as such publicity is incidental to
the proceedings hereinafter authorized or is necessary for the prosecution of violations in connection
with the business of such institutions.
c. Banking and quasi-banking institutions which are subject to examination by the BangkoSentral shall pay
to the BangkoSentral, within the last thirty (30) days of each year, an annual fee in an amount equal to
a percentage as may be prescribed by the Monetary Board of its average total assets during the
preceding year as shown on its End-of-month balance sheets, after deducting cash on hand and
amounts due from banks, including the BangkoSentral and bonks abroad.
F. Conservatorship of Banks
d. Period of Conservatorship
i. The conservatorship shall not exceed one (1) year.
VI. Anti-Money Laundering Law (AMLA) RA, 9160 a.k.a. Anti-Money Laundering Act of 2001 as amended by R.A.
9194 and R.A. 10168 a.k.a. Terrorism Financing. Prevention and Suppression Act of 2012) and RA 10365 a.k.a AN
ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW)
A. Declaration of Policy: It is hereby declared the policy of the State to protect and preserve the integrity and
confidentiality of bank accounts and to ensure that the Philippines shall not be used as a money laundering site
forthe proceeds of any unlawful activity.
Consistent with its foreign policy, the Philippines shall extend cooperation in transnational investigations and
prosecutions of persons involved in money laundering activities wherever committed.
B. Definition of Money Laundering - Money laundering is committed by any person who, knowing that any
monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity: (Acts
punishable asMoney Laundering)
1. Transacts said monetary instrument or property;
2. Converts, transfers, disposes of, moves, acquires, possesses or uses said monetary instruments or property
orproceeds of any unlawful activity.
3. Conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights
withrespect to said monetary instruments or property or proceeds of unlawful activity;
4. Attempts or conspires to commit Money Laundering referred to in par. 1), 2) & 3);
5. Aids, abets, assists in or counsels the commission of the Money Laundering offenses referred to in par. 1),
2) & 3)above;
6. Performs or fails to perform any act as a result of which he facilitates the offense of Money Laundering
referred toin par. 1), 2) & 3) above.
7. Any covered person who, knowing that a covered or suspicious transaction is required under the AMLA
to bereported to the AMLC, fails to do so.
F. Covered persons, natural or juridical, required to report to AMLC covered transactions and suspicious
transactions
1. Under BangkoSentralngPilipinas
a. Banks
b. Non-banks
c. Quasi-banks
d. Trust entities
e. Nonstock savings and loan associations
f. Foreign exchange dealers,
g. Electronic money issuers
h. Pawnshops,
i. Money changers,
j. Remittance and transfer companies
k. All other persons and their subsidiaries and affiliated supervised or regulated by the BSP.
I. Anti-Money Laundering Council - refers to the financial intelligence unit of the Republic of the Philippines
which is the government agency tasked to implement the AMLA.
b. Unanimous Decision. - The AMLC shall act unanimously in discharging its functions. In case of
incapacity,absence, or disability of any member, the officer duly designated or authorized to discharge
the functions of theGovernor of the BSP, the Commissioner of the IC, and the Chairperson of the SEC, as
the case may be, shall act in his stead in the AMLC.
J. Preventive Measures
a. Customer Due Diligence. - Covered persons shall establish and record the true identity of their clients
based on official documents, as defined under Rule 3 of RIRR of AMLA.
b. Customer Identification
a. Face-to-Face Contact - Covered persons shall conduct face-to-face contact at the
commencement of therelationship, or as reasonably practicable so as not to interrupt the normal
conduct of business
b. Minimum Customer information and Identification Documents
i. Name of customer;
ii. Date and place of birth;
iii. Name of beneficial owner, if applicable;
iv. Name of beneficiary (in case of insurance contracts or remittance transactions);
v. Present address:
vi. Permanent addresses;
vii. Contact number or information:
viii. Nationality;
ix. Specimen signatures or biometrics of the customer,
x. Nature of work and name of employer or nature of self-employment/ business, if applicable;
xi. Sources of funds or property, and
xii. Tax Identification Number (TIN), Social Security System. (SSS) number or Government
ServiceInsurance System (GSIS) number, if applicable.
c. Prohibited Accounts
a. Anonymous Accounts and Accounts under Fictitious Names. - Covered persons shall
maintaincustomers' account only in the true and full name of the account owner or holder.
Anonymous accounts, accounts under fictitious names, and all other accounts shall be absolutely
prohibited.
b. Numbered Accounts. Numbered accounts, except non-checking numbered accounts, shall not be
allowed.Covered and suspicious transaction reports involving non-checking numbered accounts
shall contain the true name of the account holder.
K. Record Keeping. - Covered persons shall maintain and safely store for five (5) years from the dates of
transactionsall records of customer identification and transaction documents of their customers or five (5) years
from the date the account is closed.
L. Transaction Reporting. - Covered persons shall report to the AMLC all covered transactions and
suspicioustransactions within five (5) working days, unless the AMLC prescribes a different period not exceeding
fifteen (15) working days, from the occurrence thereof.
M. For Suspicious transactions, "occurrence" refers to the date of determination of the suspicious nature of
thetransaction, which determination should be made not exceeding ten (10) calendar days from the date of
transaction. However, if the transaction is in any way related to, or the person transacting is involved in or
connected to, an unlawful activity or money laundering offense, the la-day period for determination shall be
reckoned from the date the covered person knew or should have known the suspicious transaction indicator.
N. Freeze Order - Upon verified ex parte petition by the AMLC and after determination that probablecause
exists that any monetary instrument or property is in any way related to an unlawful activity, the Court of
Appeals may issue a freeze order, which shall be effective immediately, directing the concerned covered
persons and government agency to desist from allowing any transaction, withdrawal, transfer, removal,
conversion, concealment, or other disposition of the subject monetary instrument or property.
a. Freezing of Related Accounts and Materially-Linked Accounts. - Considering the intricate and
diverseweb of interlocking accounts that a person may create in different covered persons, and the
high probability that these accounts are utilized to divert, move, conceal, and disguise the monetary
instrument or property subject of the freeze order, the AMLC may include in its petition the freezing of
related and materially-linked accounts.
b. Period to Resolve Petition. - The Court of Appeals shall resolve the petition to freeze within twenty-
four(24) hours from filing thereof.
c. Effectivity of Freeze Order. - The freeze order shall be effective immediately and shall not exceed six (6)
months depending upon the circumstances of the case. On motion of the AMLC filed before the
expiration of the original period of the freeze order, the court may, for good cause shown, extend its
effectivity. Upon the timely filing of such motion and pending resolution by the Court of Appeals, the
freeze order shall remain effective.
O. Bank Inquiry with Court Order. - Notwithstanding the provisions of Republic Act No. 1405, as
amended;Republic Act No. 6426, as amended; Republic Act No. 8791, and other laws, the AMLC may inquire
into or examine any particular deposit or investment account, including related accounts, with any banking
institution or non-bank financial institution, upon order by the Court of Appeals based on an ex parte
application in cases of violation of the AMLA when it has been established that probable cause exists that the
deposits or investments involved, including related accounts, are in any way related to an unlawful activity or a
money laundering offense.
a. Period to Resolve Application - The Court of Appeals shall resolve the application within twenty-four(24)
hours from filing thereof.
b. Inquiry into or Examination of Related Accounts. - A court order ex parte must be obtained before
theAMLC can inquire into the related accounts. The procedure for the ex parte application for an order
ofinquiry into the principal account shall be the same for that of the related accounts.
c. Compliance with Article III, Sections 2 and 3 of the Constitution. - The authority to inquire into orexamine
the main account and the related accounts shall comply with the requirements of Article III, Sections 2
and 3 of the 1987 Constitution.
P. Bank Inquiry without Court Order. - The AMLC shall issue a resolution authorizing the AMLC Secretariat
toinquire into or examine anyparticular deposit or investment account, including related accounts, with any
banking institution or non-bank financial institution and their subsidiaries and affiliates when it has been
established that probable cause exists that the deposits or investments involved, including related accounts,
are in any way related to any of the following unlawful activities: (Predicate crimes that may authorize AMLC to
inquire bank accounts even without Court Order from Court of Appeals)
a. Kidnapping for ransom under Article 267 of Act No. 3815,otherwise known as the Revised Penal Code,
as amended;
b. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002;
c. Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined
under the Revised Penal Code, as amended;
d. Felonies or offenses of a nature similar to those mentioned in Section 3(i) (1), (2) and (12) of the
AMLAwhich are punishable under the penal laws of other countries;
e. Terrorism and conspiracy to commit terrorism as defined and penalized under Republic Act No.
9372;and
f. Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of Republic
Act No. 10168, otherwise known as the Terrorism Financing Prevention and Suppression Act of 2012.
Q. Asset Forfeiture
a. Civil Forfeiture. - Upon determination that probable cause exists that any monetary instrument or
property is in any way related to an unlawful activity or a money laundering offense, the AMLC shall file
with the regional trial court, through the Office of the Solicitor General, a verified petition for civil
forfeiture.
b. No Prior Criminal Charge, Pendency of or Conviction Necessary. - No prior criminal charge, pendencyof
or conviction for an unlawful activity or money laundering offense is necessary for the commencement
or the resolution of a petition for civil forfeiture.
c. Asset Forfeiture in Money Laundering Cases. - Where there is conviction for money laundering, the court
shall issue a judgment of forfeiture in favor of the Government of the Philippines with respect to the
monetary instrument or property found to be proceeds of an unlawful activity.