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PRESIDENTIAL DECREE NO. 1685



PRESIDENTIAL DECREE NO. 1685  - AMENDING PRESIDENTIAL DECREE NUMBERED THIRTEEN HUNDRED NINE AUTHORIZING THE CENTRAL BANK OF THE PHILIPPINES TO ENGAGE IN SPECIAL  BORROWING AND LENDING OPERATIONS

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WHEREAS, the Central Bank should be clothed  with the necessary authority to tap low-cost medium and  long-term funds from international and regional financial  institutions for relending to approved development projects;  chanroblesvirtualawlibrary

WHEREAS, the availment of the funds obtained by  the Central Bank under the Consolidated Foreign Borrowings  Program should be easier by having more  conduit financial institutions through which said funds  could be channeled and by liberalizing the constraints on  borrowings by government-owned or controlled financial  institutions.

NOW, THEREFORE, I, FERDINAND E. MARCOS,  President of the Philippines, by virtue of the powers  vested in me by the Constitution, do hereby declare and  order the amendment of Presidential Decree No. 1309, as  follows:cralaw:red

Section 1.    Presidential Decree Numbered Thirteen  hundred nine is hereby amended by adding a new  section to be known as Section 1-A to read as follows:cralaw:red

"Sec 1-A.    Foreign loans obtained by  the Central Bank from international or regional  financial organizations of which the Republic of the  Philippines is a member may be guaranteed by the  Republic of the Philippines if required by the  charter, regulation or policy of the lender."

Section 2.    Section 2 of the same Decree is hereby  amended to read as follows:  chanroblesvirtualawlibrary

"Sec. 2.    Under special circumstances where  the Monetary Board deems it in the national  interest, and notwithstanding the provisions of any  existing law to the contrary, the Central Bank may  grant loans to the Government or to qualified  banking and non-bank financial institutions from the  proceeds of foreign loans obtained by it, subject to such  terms and conditions as the Monetary Board may  prescribe, for the following and analogous purposes:cralaw:red

"a.    To lend to banking and non-bank financial  institutions for relending, such funds to finance  approved projects;  chanroblesvirtualawlibrary

"b.    To finance Government development  projects for which financing from official development  assistance (ODA) sources can not be obtained; and

"c.    To refinance existing foreign obligations  obtained at relatively more onerous terms."

Section 3.    The same Decree is hereby amended by  adding a new section to be known as Section 3 to read as  follows:cralaw:red

"Sec. 3.    Notwithstanding the provisions of  any existing law to the contrary, the Central Bank  may, at its discretion, extend the proceeds of loans  obtained under this Decree to the Development  Bank of the Philippines, the Land Bank of the  Philippines and other government-owned or  controlled banks whose borrowings are required under  their respective charters to be guaranteed by the  Republic of the Philippines, without the guaranty of  the Republic of the Philippines and the approval of  the President of the Philippines: Provided, That  obligations of such government-owned or controlled  banks which are otherwise exempt from taxes  imposed by the Government or any of its subdivisions shall not lose their tax-exempt status solely as a result of the absence of such Government guaranty  or approval by the President.

Section 4.    The same Decree is hereby amended by  adding a new section to be known as Section 4 to read as  follows:cralaw:red

"Sec. 4.    The Monetary Board shall  establish safeguards as it may deem proper to  prevent undue inflationary effect of the lending  operations of the Central Bank and shall issue such rules  and regulations as may be necessary to implement  this Decree and to insure a rational and coordinated  approach to the international capital markets."

Section 5.    The same Decree is hereby amended by  renumbering Section 3 as Section 5.

Section 6.    Any provision of law, decree, rules and  regulations inconsistent herewith are hereby repealed,  amended, or modified accordingly.

Section 7.    This Decree shall take effect immediately.

DONE in the City of Manila, this 17th day of March,  in the year of Our Lord, nineteen hundred and eighty.


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