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This page features the full text of
Presidential Decree No. 1795
AMENDING
FURTHER REPUBLIC ACT NO. 337, AS AMENDED, OTHERWISE KNOWN AS THE
"GENERAL
BANKING ACT"
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PRESIDENTIAL
DECREE NO. 1795
AMENDING
FURTHER REPUBLIC ACT NO. 337, AS AMENDED, OTHERWISE KNOWN AS THE
"GENERAL
BANKING ACT"
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WHEREAS,
it is imperative to strengthen the supervisory and regulatory authority
of the Central Bank over the financial system;
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WHEREAS,
the Central Bank should be given more flexibility in order to make the
financial system more responsive to the needs of the development
program
of the Government.
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NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order
and decree the amendment of Republic Act No. 337, as amended, as
follows:chanroblesvirtuallawlibrary
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Section
1. Paragraph 4 of Section 21-B
of Republic Act No. 337, as amended, is hereby amended to read as
follows:
"In
order to avoid undue concentration of economic power, the total equity
investments of banks, quasi-banks and their subsidiaries in any single
non-allied enterprise or industry may be subject to such limitations as
may be prescribed by the Monetary Board, but shall in any case remain a
minority in any such enterprise except as may be otherwise approved by
the President (Prime Minister)."
Sec.
2. Section 21-C of the Same Act
is hereby amended by adding a second paragraph to read as follows:
"Any
of these entities owning or controlling the whole or majority of the
voting
stock of a thrift band and/or rural bank may be required to submit
statements
of condition and other reports necessary to determine compliance with
the
provisions of this Section and the pertinent laws and rules and
regulations,
and subjected to special examination or investigation."
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Sec.
3. The second paragraph of Section
22 of the same Act is hereby amended to read as follows:
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"The
Monetary Board shall prescribe the manner of determining the total
assets
of banking institutions for the purposes of this Section."
Sec.
4. The third paragraph of Section
23 of the same Act is hereby amended to read as follows:
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"The
term "liabilities" as used herein, shall mean the direct liability of
the
maker or acceptor of paper discounted with or sold to such bank and the
liability of the indorser, drawer or guarantor who obtains a loan from
or discounts paper with or sells papers under his guaranty to such bank
and shall include in the case of liabilities of a co-partnership or
association
the liabilities of the several members thereof and shall include in the
case of liabilities of a corporation, all liabilities of all
subsidiaries
thereof in which such corporation owns or controls a majority interest:
Provided, That even if the parent corporation, co-partnership or
association
has no liability to the bank, the Monetary Board may prescribe the
combination
of the liabilities of subsidiary corporations or members of the
co-partnership
or association under certain circumstances, including but need not be
limited
to any of the following situations: (a) the parent corporation,
co-partnership
or association guarantees the repayment of the liabilities; (b) the
liabilities
were incurred for the accommodation of the parent corporation or
another
subsidiary or of the co-partnership or association; or (c) the
subsidiaries
through separate entities operate merely as departments or divisions of
a single entity: Provided, further, That the discount of bills of
exchange
drawn in good faith against actually existing values, and the discount
of commercial or business paper actually owned by the person
negotiating
the same, shall not be considered as money borrowed for the purpose of
this Section: Provided, finally, That certain types of contingent
liabilities
of borrowers may be included among total liabilities as may be
determined
by the Monetary Board."
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Sec.
5. The second paragraph of Section
30 of the same Act is hereby amended to read as follows:
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"The
Monetary Board shall prescribe the manner of determining the total
assets
of banking institutions for the purposes of this Section."
Sec.
6. The first paragraph of Section
32 of the same Act is hereby amended to read as follows:
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"Sec.
32. Except as the Monetary Board
may otherwise prescribe, the direct indebtedness to a savings and
mortgage
bank of any person, company, corporation, or firm, including in the
indebtedness
of the several members thereof, for money borrowed, excluding (a) loans
secured by obligations of the Central Bank or of the Philippine
Government,
(b) loans fully guaranteed by the Government as to the payment of
principal
and interest, (c) loans to the extent covered by holdout on, or
assignment
of, deposits maintained in the lending bank and held in the
Philippines,
and (d) other loans or credits as the Monetary Board may, from time to
time, specify as non-risk assets, shall at no time exceed fifteen
percent
(15%) of unimpaired capital and surplus of the bank."
Sec.
7. The third paragraph of Section
32 of the same Act is hereby amended to read as follows:
"The
term "liabilities" as used herein, shall mean the direct liability of
the
maker or acceptor of paper discounted with or sold to such bank and the
liability of the indorser, drawer or guarantor who obtains a loan from
or discounts paper with or sells papers under his guaranty to such bank
and shall include in the case of liabilities of a co-partnership or
association
the liabilities of the several members thereof and shall include in the
case of liabilities of a corporation, all liabilities of all
subsidiaries
thereof in which such corporation owns or controls a majority interest:
Provided, That even if the parent corporation, co-partnership or
association
has no liability to the bank, the Monetary Board may prescribe the
combination
of the liabilities of subsidiary corporations or members of the
co-partnership
or association under certain circumstances, including but need not be
limited
to any of the following situations: (a) the parent corporation,
co-partnership
or association guarantees the repayment of the liabilities; (b) the
liabilities
were incurred for the accommodation of the parent corporation or
another
subsidiary or of the co-partnership or association; or (c) the
subsidiaries
through separate entities operate merely as departments or divisions of
a single entity: Provided, further, That the discount of bills of
exchange
drawn in good faith against actually existing values, and the discount
of commercial or business paper actually owned by the person
negotiating
the same, shall not be considered as money borrowed for the purpose of
this Section: Provided, finally, That certain types of contingent
liabilities
of borrowers may be included among total liabilities as may be
determined
by the Monetary Board."
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Sec.
8. Section 36 of the same Act
is hereby amended to read as follows:
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"Sec.
36. Deposits shall be returned
to the depositors or to their legal representatives in the manner and
at
the time and under the conditions which shall be determined by the
board
of directors and stipulated in regulations which shall be in conformity
with law and with such regulations as the Monetary Board may prescribe."
Sec.
9. Section 63 of the same Act
is hereby amended to read as follows:
"Sec.
63. The lending or investment
of deposits or moneys received by any trust company as executor of the
will of any deceased person or as administrator, with or without the
will
annexed, or as guardian, receiver, trustee, or depositary of the estate
of any minor, insane person, idiot, habitual drunkard, or other
incompetent
or irresponsible person, or as receiver or depositary under and by
virtue
of any order and appointment of any court, or as trustee under any
instrument
in writing constituting the company as trustee, unless otherwise
directed
by the instrument creating the trust, shall be limited to the loans and
investments as may be prescribed by the Monetary Board. Any officer or
director of any trust company authorizing or making any loan or
security
otherwise than as provided in this Section shall be punished by
imprisonment
of not less than one year nor more than ten years and by a fine of not
less than one thousand nor more than ten thousand pesos."
Sec.
10. The second paragraph of Section
83 of the same Act is hereby amended to read as follows:
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"The
Monetary Board may regulate the amount of credit accommodations that
may
be extended, directly or indirectly, by banking institutions to their
directors,
officers, or stockholders. However, the outstanding credit
accommodations
which a bank may extend to each of its stockholders owning two percent
(2%)or more of the subscribed capital stock, its directors, or its
officers,
shall be limited to an amount equivalent to the respective outstanding
deposits and book value of the paid-in capital contribution in the
bank:
Provided, however, That loans and advances to officers in the form of
fringe
benefits granted in accordance with rules and regulations as may be
prescribed
by Monetary Board shall not be subject to the preceding limitation."
Sec.
11. All laws, decrees, rules
and regulations inconsistent with this Decree are hereby repealed or
modified
accordingly.
Sec.
12. 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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