EXECUTIVE ORDER NO. 890
EXECUTIVE ORDER NO. 890 - FURTHER
AMENDING THE CHARTER OF THE PHILIPPINE DEPOSIT INSURANCE CORPORATION
WHEREAS, developments in the Philippines
financial system make it necessary to institute organizational and
procedural reforms in the present system for the administration of the
insurance of bank deposits;
WHEREAS, to achieve this, there is need to effect adaptive changes in
the organization of the Philippine Deposit Insurance Corporation, which
shall include a reconstitution of its governing board and top
management structure; and
WHEREAS, under Presidential Decree No. 1416 as amended, the President
is empowered to undertake such organizational and related improvements
as may be appropriate in the light of changing circumstances and new
developments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and the
authority vested in me by Presidential Decree No. 1416 as amended, do
hereby order and ordain:
Section 1. Sec. 2 of Republic Act No. 3591, as
amended, is hereby further amended to read as follows:
“Sec. 2. The powers and functions of the Corporation shall
be vested in and exercised by a Board of Directors which shall be
composed of three (3) members as follows:
(a)
The Governor of the Central Bank of the Philippines, who shall be the
Chairman of the Board. Whenever the Governor of the Central Bank is
unable to attend a meeting of the Board, a Deputy Governor of the
Central Bank as may be designated by the Governor shall act as a member
of the Board.
(b) The
President of the Corporation, who shall be ex-officio a member of the
Board. Whenever the Chairman of the Board is unable to attend a meeting
of the Board, or in the event of a vacancy in the office of the
Governor of the Central Bank, the President of the Corporation shall
act as Chairman. In the absence of the President or in the event of his
incapacity, the Vice-President of the Corporation shall attend the
meeting of the Board.
(c) The Deputy
Minister of Finance as may be designated by the Minister of Finance
from among his deputies.
The presence of two members
shall constitute a quorum, and all decisions shall require the
concurrence of at least two members.
The members of the Board of
Directors, except the President, or their respective alternates
whenever allowed, shall receive a per diem for every board meeting
attended, the amount of per diem shall be set by the President of the
Philippines but may not exceed P500.00 per meeting nor the sum of
P2,000.00 for every single month.
The Board of Directors shall
have authority:
(1)
To prepare and issue rules and regulations as it considers necessary
for the effective discharge of its responsibilities;
(2) To direct
the management, operations and administration of the Corporation;
(3) To
appoint, establish the rank, fix the remuneration and remove any
officer or employee of the Corporation for cause, subject to the Civil
Service and pertinent compensation laws; and
(4) To
authorize such expenditures by the Corporation as are in the interest
of the effective administration and operation of the Corporation.”
Sec. 2. The same Act is hereby amended by adding a
new section after Sec. 2 thereof, to read as follows:
“Sec. 2-A. The President of the Corporation shall be the
chief executive thereof and shall be appointed for a term of six years
by the President of the Philippines: Provided, That for this position,
the President may designate any qualified person who is already in
government service, including any senior official of the Central Bank,
who may serve on a full-time detail basis.
No person shall be appointed as
President of the Corporation unless he be of good moral character and
unquestionable integrity and responsibility, and who is of recognized
competence in economics; banking and finance, law, management
administration or insurance: Provided, That the President shall at
least be 40 years old.
The salary of the President of
the Corporation shall be fixed by the President of the Philippines at a
sum commensurate to the importance and responsibility attached to the
position. The sum total of the salary of the President and the
allowances and other emoluments of all other personnel in the
Corporation.
The powers and duties of the
President of the Corporation are:
(a)
To prepare the agenda for the meeting of the Board and to submit for
the consideration of the Board of policies and measures which he
believes to be necessary to carry out the purposes and provisions of
this executive order and Republic Act No. 3591, as amended;
(b) To execute
and administer the policies and measures approved by the Board;
(c) To direct
and supervise the operations and internal administration of the
Corporation in accordance with the policies established by the Board.
The President may delegate certain of his administrative
responsibilities to other officers of the Corporation, subject to the
rules and regulations of the Board;
(d) To
represent the Corporation, upon prior authority of the Board, in all
dealings with other offices, agencies and instrumentalities of the
government and with all other persons or entities, public or private,
whether domestic, foreign or international;
(e) To
authorize, with his signature, upon prior authority of the Board,
contracts entered into by the Corporation, notes and securities issued
by the Corporation, and the annual reports, balance sheets, profits and
loss statements, correspondence and other documents of the Corporation.
The signature of the President may be in a facsimile wherever
appropriate;
(f) To
represent the Corporation, either personally or through counsel, in all
legal proceedings or action;
(g) To
delegate, with the prior approval of the Board of Directors, his power
to represent the Corporation, as provided in subsections (d) and (f) of
this section, to other officers of the Corporation; and
(h) To
exercise such other powers as may be vested in him by the Board.
The President shall be assisted
by a Vice President and other officials whose appointment and removal
for cause shall be approved and whose salary be fixed by the Board of
Directors upon recommendation of the President of the Corporation.
During the absence or temporary incapacity of the President, the Vice
President shall act as President and discharge the duties and
responsibilities thereof.
Sec. 3. Sec. 7 of the same Act is hereby
amended to read as follows:
“Sec. 7. Whenever the Board of Directors shall find than an
insured bank or its directors or trustees have continued unsafe or
unsound practices in conducting the business of the bank or which have
knowingly or negligently permitted any of its officers or agents to
violate any provisions of any law or regulation to which the insured
bank is subject, the Board of Directors shall give to the Central Bank
of the Philippines a statement with respect to such practices or
violations for the purpose of securing the correction thereof and shall
give a copy thereof to the bank.”
Sec. 4. Sec. 9 (b) and (d) of the same Act are
hereby amended to read as follows:
“(b)
The Board of Directors shall appoint examiners who shall have power, on
behalf of the Corporation to examine any insured bank. Each such
examiner shall have the power to make a thorough examination of all the
affairs of the bank and in doing so he shall power to administer oaths
and to examine and take and preserve the testimony of any of the
officers and agents thereof, and shall make a full and detailed report
of the condition of the bank to the Corporation. The Board of Directors
in like manner shall appoint claim agents who shall have power to
investigate and examine all claims for insured deposits and transferred
deposits. Each claim agent shall have the power to administer oaths and
to examine under oath and take preserve the testimony of any person
relating to such claims.”
“(d) The
Corporation shall have access to reports of examination made by, and
reports of condition made to the Central Bank of the Philippines or its
appropriate supervising departments and the Central Bank of the
Philippines shall also have access to reports of examination made on
behalf of, and reports of condition made to the Corporation.”
Sec. 5. Section 16 of the same Act is hereby
amended to read as follows:
“SECTION
16. (a) Every insured bank shall display at each
place of business maintained by it a sign or signs, and shall include a
statement to the effect that its deposits are insured by the
Corporation in all of its advertisements: Provided, That the Board of
Directors may exempt from this requirements advertisements which do not
relate to deposits or when it is impractical to include such statement
therein. The Board of Directors shall prescribe by regulation the forms
of such signs and the manner of use. For each day an insured bank
continues to violate any lawful provisions of this subsection or any
lawful provisions of said regulations, it shall be subject to a penalty
of not more than P100, which the Corporation may recover for its use:
Provided, however, That the penalty of imprisonment for not more than
one (1) year or a fine of not exceed two thousand pesos (P2,000.00) or
both, in the discretion of the court shall be imposed upon the
directors and officers of any bank, corporation, partnership or any
other company performing banking functions in the Philippines not
insured under the provisions of this Act which shall in any manner,
advertise or hold itself out as having insured status for the purpose
of making it appear that its deposits are insured with the Corporation.
(b) No insured
bank shall pay any dividends on its capital stock or interest on its
capital notes or debentures (if such interest is required to be paid
only out net profits) or distribute any of its capital assets while it
remains in default in the payment of any assessment due to the
Corporation; and any director or officer or any insured bank who
participates in the declaration or payment of any such dividend or
interest or in any such distribution shall upon conviction, be fined
not more than P1,000 or imprisoned not more than one year, or both:
Provided, That such default is due to a dispute between the insured
bank and the Corporation over the amount of such assessment, this
subsection shall not apply if such bank shall deposit security
satisfactory to the Corporation for payment upon final determination of
the issue.
(c) Without
prior written consent by the Corporation, no insured bank shall (1)
merge or consolidate with any bank or institution or (2) assume
liability to pay any deposits made in, or similar liabilities of, any
bank or institution or (3) transfer assets to any bank or institution
in consideration of the assumption of liabilities for any portion of
the deposits in such insured bank.
(d) The
Corporation may require an insured bank to provide protection and
indemnity against burglary, defalcation, and other similar insurable
losses. Whenever any insured bank refuses to comply with any such
requirement the Corporation may contract for such protection and
indemnity and add the cost thereof to the assessment otherwise payable
by such bank.
(e) Any
insured bank which wilfully fails or refuses to file any certified
statement or pay any assessment required under this Act shall be liable
for interest on any unpaid assessment computed from the date such
assessment became due and payable on the legal rate of interest as may
be prescribed by the appropriate authority (Monetary Board of the
Central Bank of the Philippines) and shall be subject to a penalty of
not more than P100 for each day such violations continue, which
interest and penalty the Corporation may recover for its use: Provided,
That this subsection shall not be applicable under the circumstances
stated in the provisions of subsection (b) of this section.”
Sec. 6. The Corporation shall be reorganized
within six (6) months from the date this Act takes effect. The present
personnel complement of the Corporation shall in the interim continue
to discharge their respective functions: Provided, That thereafter all
positions shall be deemed vacant and all those not reappointed deemed
laid off: Provided, further, That nothing herein shall be construed as
an extension of the term of office of those who are appointed for a
definite period. Officials and employees who are laid off as a result
of the reorganization shall be entitled to all benefits and gratuities
provided for under existing laws.
Sec. 7. All laws, decrees, executive orders,
administrative orders, proclamations, rules and regulations or parts
thereof that are in conflict with this executive order are hereby
repealed or modified accordingly.
Sec. 8. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this 8th day of April in the year of Our Lord, Nineteen Hundred and
Eighty-three.
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