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This page features the full text of
Presidential Decree No. 1794
AMENDING
FURTHER REPUBLIC ACT NO. 720, AS AMENDED, OTHERWISE KNOWN AS THE "RURAL
BANKS ACT"
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PRESIDENTIAL
DECREE NO. 1794
AMENDING
FURTHER REPUBLIC ACT NO. 720, AS AMENDED, OTHERWISE KNOWN AS THE "RURAL
BANKS ACT"
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WHEREAS,
to effectively supervise rural banks controlled by a cooperative or a
corporation,
the Central Bank should exercise some form of authority over such
cooperative
or corporation;
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WHEREAS,
the Central Bank should be able to act with deliberate speed in
preventing
erosion of public confidence is mismanaged banks.
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue
of the powers vested in me by the Constitution do hereby decree and
order
as follows:
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Section
1. Section 4 of Republic Act
No. 720, as amended, is hereby amended further to read as follows:chanroblesvirtuallawlibrary
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"Sec.
4. No Rural Bank shall be operated
without a Certificate of Authority of the Monetary Board of the Central
Bank. Rural Banks shall be organized in the form of stock corporations.
Duly established cooperatives and corporations primarily organized to
hold
equities in Rural Banks may organize a Rural Bank and/or subscribe to
the
shares of stock of any Rural Bank: Provided, That a cooperative or
corporation
owning or controlling the whole or majority of the voting stock of the
rural bank shall be subject to special examination and to such rules
and
regulations as the Monetary Board may prescribe. With the exception of
shareholdings of corporations organized primarily to hold equities in
Rural
Banks as provided for under Section 12-C of Republic Act No. 337, as
amended,
and of Filipino-controlled domestic banks, the capital stock of any
Rural
Bank shall be owned and held directly or indirectly by citizens of the
Philippines. If subscription of private shareholders to the capital
stock
of a Rural Bank cannot be secured or is not available, or is
insufficient
to meet the normal credit needs of the locality, the Development Bank
of
the Philippines, on representation of the said private shareholders,
and
upon approval of the Monetary Board of the Central Bank, shall
subscribe
to the capital stock of such Rural Bank, which shall be paid in full at
the time of subscription, in an amount equal to the fully paid
subscribed
capital of the private shareholders but not exceeding one million pesos
or such amount as the Monetary Board may prescribe as may be necessary
to promote and expand rural economic development: Provided, however,
That
such shares of stocks subscribed by the Development Bank of the
Philippines
may be sold at any time at par to private individuals who are citizens
of the Philippines: Provided, finally, That in the sale of shares of
stock
subscribed by the Development Bank of the Philippines, the registered
stockholders
shall have the right of preemption within one year from the date of
offer
in proportion to their respective holdings, but in the absence of such
buyer, preference, however, shall be given to residents of the locality
or province where the Rural Bank is located."
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All
members of the Board of Directors of the Rural Bank shall be citizens
of
the Philippines: Provided, however, That no appointive or elective
public
official, whether full-time or part-time, shall at the same time serve
as officer of any Rural Bank except in cases where such service is
incident
to financial assistance provided by the Government or a
government-owned
or controlled corporation to the bank.
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Sec.
2. The second paragraph of Section
10 of the same Decree is hereby amended further to read as follows:chanroblesvirtuallawlibrary
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"The
Director of the Department of the Central Bank designated by the
Monetary
Board to supervise Rural Banks shall have the power to enforce the
laws,
orders, instructions, rules and regulations promulgated by the Monetary
Board applicable to Rural Banks; to require Rural Banks, their
directors,
officers and agents to conduct and manage the affairs of the Rural Bank
in a lawful and orderly manner; and, upon proof that the Rural Bank or
its Board of Directors or officers are conducting and managing the
affairs
of the bank in a manner contrary to laws, orders, instructions, rules
and
regulations promulgated by the Monetary Board or in a manner
substantially
prejudicial to the interests of the government, depositors or
creditors,
to take over the management of such bank when specifically authorized
to
do so by the Monetary Board after due hearing process until a new board
of directors and officers are elected and qualified without prejudice
to
the prosecution of the persons responsible for such violations under
the
provisions of sections thirty-two, thirty-three and thirty-four of
Republic
Act Numbered Two Hundred Sixty-Five, as amended."
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Sec.
3.All laws, decrees, rules and regulations
inconsistent with this Decree are hereby repealed or modified
accordingly.
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Sec.
4. This Decree shall take effect
immediately.
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Done
in the City of Manila this 16th day of January, in the year of Our
Lord,
nineteen hundred and eighty-one.
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