Documentos de Académico
Documentos de Profesional
Documentos de Cultura
ATTY. ALEXANDER C.
DY
FIRST SEMESTER, SY 2009-2010
2009
FRIDAY, 19 JUNE
I. GENERAL CONCEPTS
A. CONCEPT OF BANKING
1. Definition Sec. 3.1, GBL2
2. Elements Republic v. Security Credit and Acceptance Corporation,
19 SCRA 58 (1967); Central Bank v. Morfe, 20 SCRA 507 (1967);
Baas v. Asia Pacific Finance Corporation, 343 SCRA 527 (2000)
a. Engaged in lending of funds
b. Obtained in the form of deposits
c. From the public, which shall mean 20 or more persons Sec. 8.2, GBL
The Outline presents the manner by which Banking Law I will be taken up in class. The
x's and those footnoted in the Outline represent cases or topics which need no extended
discussions, either because the essence of the rulings are already summarized in the
Outline or they contain similar rulings or doctrines as other cases to be discussed.
2
Republic Act No. 8791 (General Banking Law of 2000), which repealed Republic Act No. 337
(General Banking Act)
3
Manual for Regulation of Banks
4
Republic Act No. 7653 (New Central Bank Act), which repealed Republic Act No. 265 (Central
Bank Act)
2
1. Investment Houses xSecs. 2 and 3, Investment Houses Law5
2. Financing Companies xSec. 3(a), Financing Company Act6
3. Investment Companies xSec. 4, Investment Company Act7
4. Non-Stock Savings and Loans Associations xSec. 3, Revised NonStock Savings and Loans Association Act of 1997 8
5. Cooperatives xArt. 3, Cooperative Code9; But See xArt. 100,
Cooperative Code
6. Insurance Companies xSec. 2, Insurance Code10
D. NATURE OF BANKING BUSINESS Sec. 2, GBL
1. Vital Role in Economy11 Simex International (Manila) Inc. v. Court of
Appeals, 183 SCRA 360 (1990)
a. Subject to reasonable regulation by the State Central Bank of the
Philippines v. Court of Appeals, 208 SCRA 652 (1992)
b. Strikes and Lockouts Sec. 22, GBL; xBSP12 Circular No. 299 (Series
of 2001); Article 263(g), Labor Code
2. Fiduciary Nature of Banking Business
a. Degree of diligence required13 Simex International (Manila) Inc. v.
Court of Appeals, 183 SCRA 360 (1990); Bank of the Philippine
Islands v. Intermediate Appellate Court, 206 SCRA 408 (1992)
b. When utmost diligence required
(i)
(ii)
3
SCRA 446 (2001); Philippine National Bank v. Pike, 470 SCRA
328 (2005)
(iii) To be mortgagees in good faith 16 Cruz v. Bancom Finance
Corporation, 379 SCRA 490 (2002)
(iv) In the custody of documents; integrity of records 17 Heirs of
Eduardo Manlapat v. Court of Appeals, 459 SCRA 412 (2005)
(v)
(ii)
E. AUTHORITY TO OPERATE
1. Incorporation Secs. 17 and 46, Corporation Code; Sec. 14, GBL
2. Operation Sec. 6, GBL
a. Authority required Sec. 6, par. 1, GBL
b. MB18 determination Sec. 6, par. 2, GBL
c. Unauthorized advertisement/ business representation Sec. 64, GBL
d. Change in name xP.C. Javier & Sons, Inc. v. Court of Appeals, 462
SCRA 36 (2005)
15
Metropolitan Bank and Trust Company v. Cabilzo, 510 SCRA 259 (2006); But See Go v.
Intermediate Appellate Court, 197 SCRA 22 (1991)
16
Development Bank of the Philippines v. Court of Appeals, 331 SCRA 267 (2000); Canlas v.
Court of Appeals, 326 SCRA 425 (2000); Premiere Development Bank v. Court of Appeals, 453
SCRA 630 (2005); Private Development Corporation of the Philippines v. Court of Appeals, 475
SCRA 591 (2005); Citibank, N.A. v. Cabamongan, 488 SCRA 517 (2006); Metropolitan Bank and
Trust Company, Inc. v. SLGT Holdings, Inc., 536 SCRA 517 (2007); Omengan v. Philippine
National Bank, 512 SCRA 305 (2007)
17
See Also United Coconut Planters Bank v. Basco, 437 SCRA 325 (2004)
18
Monetary Board
4
e. Sanctions for operating without authority Sec. 6, par. 4, in rel. to
Sec. 66, GBL; Republic v. Security Credit and Acceptance
Corporation, 19 SCRA 58 (1967); Central Bank v. Morfe, 20 SCRA
507 (1967); xPerez v. Monetary Board, 20 SCRA 502 (1957)
(iI)
Accepting drafts
Issuing letters of credit (L/Cs)
Rules and Regulations to Implement the Provisions of Presidential Decree No. 129
5
(iii) Discounting and negotiating promissory notes (PNs), drafts, bills
of exchange, and other evidences of debt
(iv) Accepting or creating demand deposits
(i) Receiving other types of deposits and deposit substitutes
(ii) Buying and selling foreign exchange and gold or silver bullion
(iii) Acquiring marketable bonds and other debt securities
(iv) Extending credit
b. Engage in quasi-banking functions xSec. 6, par. 1, GBL
c. To invest in equity of allied enterprises xSecs. 31 and 32, GBL
d. To purchase, hold and convey real estate xSecs. 51 and 52, GBL
e. Other services xSec. 53, GBL
(i)
(ii)
20
6
(i)
7
a. Organization, ownership, capital requirements, powers, supervision,
and general conduct of business xIslamic Bank Charter22
2. Purpose Sec. 3, Islamic Bank Charter
3. Powers Sec. 6, Islamic Bank Charter; xSec. X101(b)(6), MRB
G. OTHER CLASSIFICATIONS OF BANKS Sec. 3.2(g), GBL
1. Land Bank of the Philippines (Land Bank) xSecs. 74 to 100-A, Code
of Agrarian Reform of the Philippines23
2. Development Bank of the Philippines (DBP) xRevised Charter of
Development Bank of the Philippines24
3. Philippine Veterans Bank (PVB) xPhilippine Veterans Bank Act25; xAn
Act to Rehabilitate the PVB26
4. Philippine National Bank (PNB) but now privatized xRevised Charter
of Philippine National Bank27; xPhilippine National Bank v. Velasco, 564
SCRA 512 (2008)
5. Pawnshops? First Planters Pawnshop, Inc. v. Commissioner of
Internal Revenue, 560 SCRA 606 (2008)
H. FOREIGN BANKS
1. Entry of Foreign Banks
a. Modes of entry Sec. 2, Foreign Banks Liberalization Act 28
(i)
(ii)
22
Republic Act No. 6848 (Charter of Al Amanah Islamic Development Bank of the Philippines)
Republic Act No. 3844
24
Executive Order No. 81, Series of 1986
25
Republic Act No. 3518
26
Republic Act No. 7169
27
Executive Order No. 80 Series of 1986
28
Republic Act No. 7221
23
8
d. Control of 70% of resources or assets of entire banking system must
be held by banks which are at least majority-owned by Filipinos Sec.
73, par. 3, GBL; Sec. 3, par. 3, Foreign Banks Liberalization Act
e. Equal treatment of local banks Sec. 73, par. 4, GBL; Sec. 8,
Foreign Banks Liberalization Act
2. Rules on Acquisition of Voting Stock in Existing Domestic Bank
a. May own up to 60% voting stock of only 1 domestic bank Sec. 2,
Foreign Banks Liberalization Act
b. Within 7 years from GBL effectivity, MB may authorize foreign bank:
(i) To acquire up to 100% of voting stock of only 1 domestic bank
Sec. 73, par. 1, GBL
(ii) Which acquired up to 60% of voting stock under the Foreign Banks
Liberalization Act and Thrift Banks Act, to further acquire up to
100% voting stock thereof Sec. 73, par. 2, GBL
c. MB shall secure the listing in the PSE 29 of shares of stocks of banks
established under this mode of entry Sec. 3, par. 3, Foreign Banks
Liberalization Act
d. License to do business not required: Equity investment is not deemed
doing business Sec. 3(d), Foreign Investments Act of 199130
3. Rules on Acquisition of Voting Stock in New Domestic Bank
a. May own up to 60% of the voting stock of only 1 new banking
subsidiary Sec. 2, Foreign Banks Liberalization Act
b. Must be among top 150 foreign banks in the world or top 5 in their
country of origin as of application date Sec. 3, par. 2, Foreign
Banks Liberalization Act
c. MB shall secure the listing in the PSE of shares of stocks of banks
established under this mode of entry Sec. 3, par. 3, Foreign Banks
Liberalization Act
d. Must be widely-owned and publicly-listed in its country of origin, unless
applicant is owned by government thereof Sec. 3, par. 4, Foreign
Banks Liberalization Act
e. Capitalization Sec. 4(i), Foreign Banks Liberalization Act
f. License to do business not required: Equity investment is not deemed
doing business Sec. 3(d), Foreign Investments Act of 1991
4. Rules on Establishing Branches
a. Governing Laws
29
30
9
(i)
(ii)
31
10
B. KINDS OF DEPOSIT
1. Demand Deposits Secs. 58-60, NCBA; xSecs. X201 to X204, MRB
a. For UB and KB Sec. 33, GBL
b. For TB Sec. 10(b), Thrift Banks Act
32
San Carlos Milling Co., Ltd. v. Bank of the Philippine Islands, 59 Phil. 59 (1933); Hilado v. De la
Costa, 83 Phil. 471 (1949); People v. Ong, 204 SCRA 942 (1991); Moran v. Court of Appeals,
230 SCRA 799 (1994); Consolidated Bank and Trust Corporation v. Court of Appeals, 410 SCRA
562 (2003)
33
Serrano v. Central Bank, 96 SCRA 96 (1980); People v. Puig, 563 SCRA 564 (2008).
34
Simex International (Manila), Inc. v. Court of Appeals, 183 SCRA 360 (1990); Go v.
Intermediate Appellate Court, 197 SCRA 22 (1991); Bank of the Philippine Islands v.
Intermediate Appellate Court, 206 SCRA 408 (1992); Philippine Bank of Commerce v. Court of
Appeals, 269 SCRA 695 (1997); Bank of the Philippine Islands v. Court of Appeals, 326 SCRA
641 (2000); Firestone Tire & Rubber Company of the Philippines v. Court of Appeals, 353 SCRA
601 (2001)
11
c. For RB/Coop Bank Sec. 12(b), Rural Banks Act; xSubsec. X201.1,
MRB
d. For Islamic Banks Sec. 6, par. (7)(a), Islamic Bank Charter
2. Savings Deposits xSec. X213 and X214, MRB; International
Exchange Bank v. Commissioner of Internal Revenue, 520 SCRA 688
(2007)
3. Negotiable Order of Withdrawal (NOW) Accounts xSecs. X223 to
X226, MRB; People v. Reyes, 454 SCRA 635 (2005)
4. Time Deposits xSecs. X231, MRB; BPI Family Savings Bank v. First
Metro Investment Corporation, 429 SCRA 30 (2004)
5. Foreign Currency Deposits Secs. 2 and 3, FCDA35
6. Money Market Placements? Allied Banking Corporation v. Lim Sio
Wan, 549 SCRA 504 (2008)
C. CAPACITY OF DEPOSITORS
1. Minors Sec. 1, Presidential Decree No. 734; Sec. 22, Thrift Banks
Act
2. Married Women Sec. 5, Republic Act No. 7192
3. Corporations: Through signatories designated by Board of Directors
Sec. 23, Corporation Code
4. Bank Officers and Employees: Prohibited from maintaining demand
deposits or current accounts in banking office where they are assigned
xSec. X204, MRB
12
1. Deposit of Funds
a. Delivery required Art. 1934, Civil Code
b. Acceptability of withdrawal slips as deposits Firestone Tire &
Rubber Co. of the Phil. v. Court of Appeals, 353 SCRA 601 (2001)
2. Withdrawal of Funds
a. From current accounts: Allowing withdrawal of value of check drawn:
(i)
(ii)
Tax clearance required Sec. 97, NIRC; But See: xSec. 28(A)(1)
(a) and (6), NIRC
(ii)
13
(ii)
(b)
In cases of impeachment
(c)
(d)
37
14
(iv) Under the Plunder Law41 Secs. 1(d) and 4, Plunder Law;
Ejercito v. Sandiganbayan (Special Division), 509 SCRA190
(2006)
(v)
(b)
(vi) Independent auditor hired by the bank to conduct its regular audit,
provided that the examination is for audit purposes only and the
results thereof shall be for the exclusive use of the bank xDOJ
Opinion No. 243 (Series of 1957); xMarquez v. Disierto, 359
SCRA 772 (2001)
(vii) Under the PDIC43 Charter44 Sec. 8, par. Eighth, PDIC Charter
(vii) Under the Human Security Act 45 Secs. 27-43, Human Security
Act
(viii) Under the NIRC Sec. 6(F), NIRC
(a)
(b)
15
(a)
(b)
(ii)
47
Intengan v. Court of Appeals, 377 SCRA 63 (2002); Estrada v. Desierto, 445 SCRA 655 (2004)
Philippine Deposit Insurance Corporation
49
Republic Act No. 3591, as amended by Republic Act No. 7400 and Republic Act No. 9576
48
16
G. GARNISHMENT
1. Procedure Sec. 9(c), Rule 39, 1997 Rules of Civil Procedure
2. Exempt Deposits
a. Foreign currency deposits Sec. 8, FCDA; But See xSalvacion v.
Central Bank of the Philippines, 278 SCRA 27 (1997)
b. Under the Rules of Court Sec. 13, Rule 39, 1997 Rules of Civil
Procedure
3. No violation of Law on Secrecy of Bank Deposits xChina Bank v.
Ortega, 49 SCRA 356 (1973); xPhilippine Commercial and Industrial Bank
v. Court of Appeals, 193 SCRA 452 (1991)
4. Liability for Release Rizal Commercial Banking Corporation v. De
Castro, 168 SCRA 49 (1988); xPhilippine Commercial and Industrial Bank
v. Court of Appeals, 193 SCRA 452 (1991)
H. DEPOSIT INSURANCE
1. Coverage Sec. 4, PDIC50 Charter51; Sec. 9, FCDA
2. Amount Insured: Maximum of P500,000.00 Sec. 4(g), PDIC Charter52
3. Rules on Payment Secs. 10(b) to (d), PDIC Charter
4. Liability of PDIC Philippine Deposit Insurance Corp. v. Court of
Appeals, 283 SCRA 462 (1997)
I. UNCLAIMED BALANCES
1. Definition Sec. 1, Unclaimed Balances Law
2. Report to Treasurer; Notice, Posting, Publication Sec. 2, Unclaimed
Balances Law; Republic v. Court of Appeals, 345 SCRA 63 (2000)
3. Escheat Proceedings Sec. 3, Unclaimed Balances Law
4. Effects of Compliance/Non-Compliance Secs. 4 and 5, Unclaimed
Balances Law
50
17
J. ANTI-MONEY LAUNDERING ACT
1. Declared Policy Sec. 2, AMLA
2. Covered Transactions: Transaction, in cash or other equivalent
monetary instrument in excess of P500,000 within 1 banking day Sec.
3(b), AMLA
3. Suspicious Transactions: Transaction with Covered Institution,
regardless of amount involved, where any of the enumerated suspicious
circumstances exist Sec. 3(b-1), AMLA
4. Covered Institutions Sec. 3(a), AMLA
a. Banks and other entities,
supervised/regulated by BSP
their
subsidiaries
and
affiliates,
(a) Securities dealers, brokers, salesmen, investment houses, and other entities managing
securities or rendering services as investment agents, advisor, or consultants; (b) Mutual funds,
closed-end investment companies, common trust funds, pre-need companies, and other similar
entities; (c) Foreign exchange corporations, money changers, money payment, remittance, and
transfer companies, and other similar entities; (d) Other entities administering or dealing in
currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes
and other similar monetary instruments or property
54
Anti-Money Laundering Council
18
c. Failing to disclose and file report with AMLC of any monetary
instrument or property as required under AMLA
7. Unlawful Activities: Act or omission or series or combination thereof,
involving or having relation to the crimes enumerated Sec. 3(i), AMLA
8. Jurisdiction: Regional Trial Court/Sandiganbayan Sec. 5, AMLA
9. Prosecution Sec. 6, AMLA
10. Prohibition against Political Harassment Sec. 16, AMLA
11. Penalties and Other Consequences
a. Penalties Sec. 14, AMLA
(i)
(ii)
(iii)
(iv)
Money laundering
Failure to keep records
Malicious reporting
Breach of confidentiality
55