ii. the new central bank act (ra 7653)

8/12/2019 II. the New Central Bank Act (RA 7653)

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REPUBLIC ACT No. 7653

THE NEW CENTRAL BANK ACT

CHAPTER I ESTABLISHMENT AND ORGANIZATION OF THE BANGKO SENTRAL NG

PILIPINAS

ARTICLE I

CREATION, RESPONSIBILITIES AND CORPORATE POWERS OF THE BANGKO SENTRAL

Se!"o# $.Declaration of Policy.- The State shall maintain a central monetary authority thatshall function and operate as an independent and accountable body corporate in the discharge of itsmandated responsibilities concerning money, banking and credit. In line with this policy, andconsidering its unique functions and responsibilities, the central monetary authority establishedunder this Act, while being a government-owned corporation, shall enoy fiscal and administrativeautonomy.

Se!"o# %.Creation of the Bangko Sentral.- There is hereby established an independent

central monetary authority, which shall be a body corporate known as the !angko Sentral ng"ilipinas, hereafter referred to as the !angko Sentral.

The capital of the !angko Sentral shall be #ifty billion pesos $"%&,&&&,&&&,&&&', to be fullysubscribed by the (overnment of the )epublic, hereafter referred to as the (overnment, Ten billionpesos $"*&,&&&,&&&,&&&' of which shall be fully paid for by the (overnment upon the effectivity ofthis Act and the balance to be paid for within a period of two $+' years from the effectivity of this Actin such manner and form as the (overnment, through the Secretary of #inance and the Secretary of!udget and anagement, may thereafter determine.

Se!"o# 3.Responsibility and Primary Objective.- The !angko Sentral shall provide policydirections in the areas of money, banking, and credit. It shall have supervision over the operations of

banks and eercise such regulatory powers as provided in this Act and other pertinent laws over theoperations of finance companies and non-bank financial institutions performing quasi-bankingfunctions, hereafter referred to as quasi-banks, and institutions performing similar functions.

The primary obective of the !angko Sentral is to maintain price stability conducive to abalanced and sustainable growth of the economy. It shall also promote and maintain monetarystability and the convertibility of the peso.

Se!"o# &.Place of Business.- The !angko Sentral shall have its principal place of businessin etro anila, but may maintain branches, agencies and correspondents in such other places asthe proper conduct of its business may require.

Se!"o# 5.Corporate Poers.- The !angko Sentral is hereby authoried to adopt, alter, anduse a corporate seal which shall be udicially noticed/ to enter into contracts/ to lease or own real

and personal property, and to sell or otherwise dispose of the same/ to sue and be sued/ andotherwise to do and perform any and all things that may be necessary or proper to carry out thepurposes of this Act.

The !angko Sentral may acquire and hold such assets and incur such liabilities in connectionwith its operations authoried by the provisions of this Act, or as are essential to the proper conductof such operations.


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8o person shall be a member of the onetary !oard if he has been connected directly withany multilateral banking or financial institution or has a substantial interest in any private bank in the"hilippines, within one $*' year prior to his appointment/ likewise, no member of the onetary !oardshall be employed in any such institution within two $+' years after the epiration of his term eceptwhen he serves as an official representative of the "hilippine (overnment to such institution.

Se!"o# $*.Removal.- The "resident may remove any member of the onetary !oard forany of the following reasons2

$a' If the member is subsequently disqualified under the provisions of Section : of this Act/ or

$b' If he is physically or mentally incapacitated that he cannot properly discharge his dutiesand responsibilities and such incapacity has lasted for more than si $1' months/ or

$c' If the member is guilty of acts or operations which are of fraudulent or illegal character orwhich are manifestly opposed to the aims and interests of the !angko Sentral/ or

$d' If the member no longer possesses the qualifications specified in Section : of this Act.

Se!"o# $$.!eetings.- The onetary !oard shall meet at least once a week. The !oardmay be called to a meeting by the (overnor of the !angko Sentral or by two $+' other members ofthe !oard.

The presence of four $9' members shall constitute a quorum2 "rovided, That in all cases the(overnor or his duly designated alternate shall be among the four $9'.

6nless otherwise provided in this Act, all decisions of the onetary !oard shall require theconcurrence of at least four $9' members.

The !angko Sentral shall maintain and preserve a complete record of the proceedings and

deliberations of the onetary !oard, including the tapes and transcripts of the stenographic notes,either in their original form or in microfilm.

Se!"o# $%.%ttendance of the Deputy &overnors.- The 5eputy (overnors may attend themeetings of the onetary !oard with the right to be heard.

Se!"o# $3.Salary.- The salary of the (overnor and the members of the onetary !oardfrom the private sector shall be fied by the "resident of the "hilippines at a sum commensurate tothe importance and responsibility attached to the position.

Se!"o# $&.'ithdraal of Persons (aving a Personal )nterest.- In addition to therequirements of )epublic Act 8o. 10*7, any member of the onetary !oard with personal or

pecuniary interest in any matter in the agenda of the onetary !oard shall disclose his interest tothe !oard and shall retire from the meeting when the matter is taken up. The decision taken on thematter shall be made public. The minutes shall reflect the disclosure made and the retirement of themember concerned from the meeting.

Se!"o# $5.*+ercise of %uthority.- In the eercise of its authority, the onetary !oard shall2

$a' issue rules and regulations it considers necessary for the effective discharge of theresponsibilities and eercise of the powers vested upon the onetary !oard and the !angko


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Sentral. The rules and regulations issued shall be reported to the "resident and the3ongress within fifteen $*%' days from the date of their issuance/

$b' direct the management, operations, and administration of the !angko Sentral, reorganieits personnel, and issue such rules and regulations as it may deem necessary or convenientfor this purpose. The legal units of the !angko Sentral shall be under the eclusive

supervision and control of the onetary !oard/

$c' establish a human resource management system which shall govern the selection, hiring,appointment, transfer, promotion, or dismissal of all personnel. Such system shall aim toestablish professionalism and ecellence at all levels of the !angko Sentral in accordancewith sound principles of management.

A compensation structure, based on ob evaluation studies and wage surveys and subect tothe !oard;s approval, shall be instituted as an integral component of the !angko Sentral;s humanresource development program2 "rovided, That the onetary !oard shall make its own systemconform as closely as possible with the principles provided for under )epublic Act 8o. 10%:2"rovided, however, That compensation and wage structure of employees whose positions fall under

salary grade *< and below shall be in accordance with the rates prescribed under )epublic Act 8o.10%:.

=n the recommendation of the (overnor, appoint, fi the remunerations and otheremoluments, and remove personnel of the !angko Sentral, subect to pertinent civil service laws2"rovided, That the onetary !oard shall have eclusive and final authority to promote, transfer,assign, or reassign personnel of the !angko Sentral and these personnel actions are deemed madein the interest of the service and not disciplinary2 "rovided, further, That the onetary !oard maydelegate such authority to the (overnor under such guidelines as it may determine.

$d' adopt an annual budget for and authorie such ependitures by the !angko Sentral asare in the interest of the effective administration and operations of the !angko Sentral inaccordance with applicable laws and regulations/ and

$e' indemnify its members and other officials of the !angko Sentral, including personnel ofthe departments performing supervision and eamination functions against all costs andepenses reasonably incurred by such persons in connection with any civil or criminal action,suit or proceedings to which he may be, or is, made a party by reason of the performance ofhis functions or duties, unless he is finally adudged in such action or proceeding to be liablefor negligence or misconduct.

In the event of a settlement or compromise, indemnification shall be provided only inconnection with such matters covered by the settlement as to which the !angko Sentral is advisedby eternal counsel that the person to be indemnified did not commit any negligence or misconduct.

The costs and epenses incurred in defending the aforementioned action, suit or proceedingmay be paid by the !angko Sentral in advance of the final disposition of such action, suit orproceeding upon receipt of an undertaking by or on behalf of the member, officer, or employee torepay the amount advanced should it ultimately be determined by the onetary !oard that he is notentitled to be indemnified as provided in this subsection.

Se!"o# $6.Responsibility.- embers of the onetary !oard, officials, eaminers, andemployees of the !angko Sentral who willfully violate this Act or who are guilty of negligence,abuses or acts of malfeasance or misfeasance or fail to eercise etraordinary diligence in the


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performance of his duties shall be held liable for any loss or inury suffered by the !angko Sentral orother banking institutions as a result of such violation, negligence, abuse, malfeasance, misfeasanceor failure to eercise etraordinary diligence.

Similar responsibility shall apply to members, officers, and employees of the !angko Sentralfor2 $*' the disclosure of any information of a confidential nature, or any information on the

discussions or resolutions of the onetary !oard, or about the confidential operations of the !angkoSentral, unless the disclosure is in connection with the performance of official functions with the!angko Sentral, or is with prior authoriation of the onetary !oard or the (overnor/ or $+' the useof such information for personal gain or to the detriment of the (overnment, the !angko Sentral orthird parties2 "rovided, however, That any data or information required to be submitted to the"resident and>or the 3ongress, or to be published under the provisions of this Act shall not beconsidered confidential.

ARTICLE III

THE GO+ERNOR AND DEPUT' GO+ERNORS OF THE BANGKO SENTRAL

Se!"o# $7.Poers and Duties of the &overnor.- The (overnor shall be the chief eecutive

officer of the !angko Sentral. ?is powers and duties shall be to2

$a' prepare the agenda for the meetings of the onetary !oard and to submit for theconsideration of the !oard the policies and measures which he believes to be necessary tocarry out the purposes and provisions of this Act/

$b' eecute and administer the policies and measures approved by the onetary !oard/

$c' direct and supervise the operations and internal administration of the !angko Sentral.The (overnor may delegate certain of his administrative responsibilities to other officers ormay assign specific tasks or responsibilities to any full-time member of the onetary !oardwithout additional remuneration or allowance whenever he may deem fit or subect to such

rules and regulations as the onetary !oard may prescribe/

$d' appoint and fi the remunerations and other emoluments of personnel below the rank of adepartment head in accordance with the position and compensation plans approved by theonetary !oard, as well as to impose disciplinary measures upon personnel of the !angkoSentral, subect to the provisions of Section *%$c' of this Act2 "rovided, That removal ofpersonnel shall be with the approval of the onetary !oard/

$e' render opinions, decisions, or rulings, which shall be final and eecutory until reversed ormodified by the onetary !oard, on matters regarding application or enforcement of lawspertaining to institutions supervised by the !angko Sentral and laws pertaining to quasi-banks, as well as regulations, policies or instructions issued by the onetary !oard, and theimplementation thereof/ and

$f' eercise such other powers as may be vested in him by the onetary !oard.

Se!"o# $(.Representation of the !onetary Board and the Bangko Sentral.- The (overnorof the !angko Sentral shall be the principal representative of the onetary !oard and of the !angkoSentral and, in such capacity and in accordance with the instructions of the onetary !oard, he shallbe empowered to2


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$a' represent the onetary !oard and the !angko Sentral in all dealings with other offices,agencies and instrumentalities of the (overnment and all other persons or entities, public orprivate, whether domestic, foreign or international/

$b' sign contracts entered into by the !angko Sentral, notes and securities issued by the!angko Sentral, all reports, balance sheets, profit and loss statements, correspondence and

other documents of the !angko Sentral.

The signature of the (overnor may be in facsimile whenever appropriate/

$c' represent the !angko Sentral, either personally or through counsel, including privatecounsel, as may be authoried by the onetary !oard, in any legal proceedings, action orspecialied legal studies/ and

$d' delegate his power to represent the !angko Sentral, as provided in subsections $a', $b'and $c' of this section, to other officers upon his own responsibility2 "rovided, however, Thatin order to preserve the integrity and the prestige of his office, the (overnor of the !angkoSentral may choose not to participate in preliminary discussions with any multilateral banking

or financial institution on any negotiations for the (overnment within or outside the"hilippines. 5uring the negotiations, he may instead be represented by a permanentnegotiator.

Se!"o# $).%uthority of the &overnor in *mergencies.- In case of emergencies where timeis sufficient to call a meeting of the onetary !oard, the (overnor of the !angko Sentral, with theconcurrence of two $+' other members of the onetary !oard, may decide any matter or take anyaction within the authority of the !oard.

The (overnor shall submit a report to the "resident and 3ongress within seventy-two $0+'hours after the action has been taken.

At the soonest possible time, the (overnor shall call a meeting of the onetary !oard tosubmit his action for ratification.

Se!"o# %*.Outside )nterests of the &overnor and the ,ull-time !embers of the Board.- The(overnor of the !angko Sentral and the full-time members of the !oard shall limit their professionalactivities to those pertaining directly to their positions with the !angko Sentral. Accordingly, they maynot accept any other employment, whether public or private, remunerated or ad honorem, with theeception of positions in eleemosynary, civic, cultural or religious organiations or whenever, bydesignation of the "resident, the (overnor or the full-time member is tasked to represent the interestof the (overnment or other government agencies in matters connected with or affecting theeconomy or the financial system of the country.

Se!"o# %$.Deputy &overnors.- The (overnor of the !angko Sentral, with the approval ofthe onetary !oard, shall appoint not more than three $7' 5eputy (overnors who shall performduties as may be assigned to them by the (overnor and the !oard.

In the absence of the (overnor, a 5eputy (overnor designated by the (overnor shall act aschief eecutive of the !angko Sentral and shall eercise the powers and perform the duties of the(overnor. 4henever the (overnment is unable to attend meetings of government boards or councilsin which he is an e officio member pursuant to provisions of special laws, a 5eputy (overnor as


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may be designated by the (overnor shall be vested with authority to participate and eercise theright to vote in such meetings.

ARTICLE I+

OPERATIONS OF THE BANGKO SENTRAL

Se!"o# %%.Research and Statistics.- The !angko Sentral shall prepare data and conducteconomic research for the guidance of the onetary !oard in the formulation and implementation ofits policies. Such data shall include, among others, forecasts of the balance of payments of the"hilippines, statistics on the monthly movement of the monetary aggregates and of prices and otherstatistical series and economic studies useful for the formulation and analysis of monetary, banking,credit and echange policies.

Se!"o# %3.%uthority to Obtain Data and )nformation.- The !angko Sentral shall have theauthority to request from government offices and instrumentalities, or government-owned orcontrolled corporations, any data which it may require for the proper discharge of its functions andresponsibilities. The !angko Sentral through the (overnor or in his absence, a duly authoriedrepresentative shall have the power to issue a subpoena for the production of the books and records

for the aforesaid purpose. Those who refuse the subpoena without ustifiable cause, or who refuse tosupply the bank with data requested or required, shall be subect to punishment for contempt inaccordance with the provisions of the )ules of 3ourt.

5ata on individual firms, other than banks, gathered by the 5epartment of @conomic)esearch and other departments or units of the !angko Sentral shall not be made available to anyperson or entity outside of the !angko Sentral whether public or private ecept under order of thecourt or under such conditions as may be prescribed by the onetary !oard2 "rovided, however,That the collective data on firms may be released to interested persons or entities2 "rovided, finally,That in the case of data on banks, the provisions of Section +0 of this Act shall apply.

Se!"o# %&.raining of echnical Personnel.- The !angko Sentral shall promote andsponsor the training of technical personnel in the field of money and banking. Toward this end, the!angko Sentral is hereby authoried to defray the costs of study, at home or abroad, of qualifiedemployees of the !angko Sentral, of promising university graduates or of any other qualified personswho shall be determined by proper competitive eaminations. The onetary !oard shall prescriberules and regulations to govern the training program of the !angko Sentral.

Se!"o# %5.Supervision and *+amination.- The !angko Sentral shall have supervision over,and conduct periodic or special eaminations of, banking institutions and quasi-banks, including theirsubsidiaries and affiliates engaged in allied activities.

#or purposes of this section, a subsidiary means a corporation more than fifty percent $%&'of the voting stock of which is owned by a bank or quasi-bank and an affiliate means a corporationthe voting stock of which, to the etent of fifty percent $%&' or less, is owned by a bank or quasi-

bank or which is related or linked to such institution or intermediary through common stockholders orsuch other factors as may be determined by the onetary !oard.

The department heads and the eaminers of the supervising and>or eamining departmentsare hereby authoried to administer oaths to any director, officer, or employee of any institutionunder their respective supervision or subect to their eamination and to compel the presentation ofall books, documents, papers or records necessary in their udgment to ascertain the facts relative tothe true condition of any institution as well as the books and records of persons and entities relativeto or in connection with the operations, activities or transactions of the institution under eamination,


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subect to the provision of eisting laws protecting or safeguarding the secrecy or confidentiality ofbank deposits as well as investments of private persons, natural or uridical, in debt instrumentsissued by the (overnment.

8o restraining order or inunction shall be issued by the court enoining the !angko Sentralfrom eamining any institution subect to supervision or eamination by the !angko Sentral, unless

there is convincing proof that the action of the !angko Sentral is plainly arbitrary and made in badfaith and the petitioner or plaintiff files with the clerk or udge of the court in which the action ispending a bond eecuted in favor of the !angko Sentral, in an amount to be fied by the court. Theprovisions of )ule %: of the 8ew )ules of 3ourt insofar as they are applicable and not inconsistentwith the provisions of this section shall govern the issuance and dissolution of the restraining orderor inunction contemplated in this section.

Se!"o# %6.Bank Deposits and )nvestments.- Any director, officer or stockholder who,together with his related interest, contracts a loan or any form of financial accommodation from2 $*'his bank/ or $+' from a bank $a' which is a subsidiary of a bank holding company of which both hisbank and the lending bank are subsidiaries or $b' in which a controlling proportion of the shares isowned by the same interest that owns a controlling proportion of the shares of his bank, in ecess of

five percent $%' of the capital and surplus of the bank, or in the maimum amount permitted by law,whichever is lower, shall be required by the lending bank to waive the secrecy of his deposits ofwhatever nature in all banks in the "hilippines. Any information obtained from an eamination of hisdeposits shall be held strictly confidential and may be used by the eaminers only in connection withtheir supervisory and eamination responsibility or by the !angko Sentral in an appropriate legalaction it has initiated involving the deposit account.

Se!"o# %7.Prohibitions.- In addition to the prohibitions found in )epublic Act 8os. 7&*< and10*7, personnel of the !angko Sentral are hereby prohibited from2

$a' being an officer, director, lawyer or agent, employee, consultant or stockholder, directly orindirectly, of any institution subect to supervision or eamination by the !angko Sentral,ecept non-stock savings and loan associations and provident funds organied eclusively

for employees of the !angko Sentral, and ecept as otherwise provided in this Act/

$b' directly or indirectly requesting or receiving any gift, present or pecuniary or materialbenefit for himself or another, from any institution subect to supervision or eamination bythe !angko Sentral/

$c' revealing in any manner, ecept under orders of the court, the 3ongress or anygovernment office or agency authoried by law, or under such conditions as may beprescribed by the onetary !oard, information relating to the condition or business of anyinstitution. This prohibition shall not be held to apply to the giving of information to theonetary !oard or the (overnor of the !angko Sentral, or to any person authoried byeither of them, in writing, to receive such information/ and

$d' borrowing from any institution subect to supervision or eamination by the !angkoSentral shall be prohibited unless said borrowings are adequately secured, fully disclosed tothe onetary !oard, and shall be subect to such further rules and regulations as theonetary !oard may prescribe2 "rovided, however, That personnel of the supervising andeamining departments are prohibited from borrowing from a bank under their supervision oreamination.


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Se!"o# %(.*+amination and ,ees.- The supervising and eamining department head,personally or by deputy, shall eamine the books of every banking institution once in every twelve$*+' months, and at such other times as the onetary !oard by an affirmative vote of five $%'members, may deem epedient and to make a report on the same to the onetary !oard2 "rovided,That there shall be an interval of at least twelve $*+' months between annual eaminations.

The bank concerned shall afford to the head of the appropriate supervising and eaminingdepartments and to his authoried deputies full opportunity to eamine its books, cash and availableassets and general condition at any time during banking hours when requested to do so by the!angko Sentral2 "rovided, however, That none of the reports and other papers relative to sucheaminations shall be open to inspection by the public ecept insofar as such publicity is incidentalto the proceedings hereinafter authoried or is necessary for the prosecution of violations inconnection with the business of such institutions.

!anking and quasi-banking institutions which are subect to eamination by the !angkoSentral shall pay to the !angko Sentral, within the first thirty $7&' days of each year, an annual fee inan amount equal to a percentage as may be prescribed by the onetary !oard of its average totalassets during the preceding year as shown on its end-of-month balance sheets, after deducting cash

on hand and amounts due from banks, including the !angko Sentral and banks abroad.

Se!"o# %).%ppointment of Conservator.- 4henever, on the basis of a report submitted bythe appropriate supervising or eamining department, the onetary !oard finds that a bank or aquasi-bank is in a state of continuing inability or unwillingness to maintain a condition of liquiditydeemed adequate to protect the interest of depositors and creditors, the onetary !oard mayappoint a conservator with such powers as the onetary !oard shall deem necessary to take chargeof the assets, liabilities, and the management thereof, reorganie the management, collect allmonies and debts due said institution, and eercise all powers necessary to restore its viability. Theconservator shall report and be responsible to the onetary !oard and shall have the power tooverrule or revoke the actions of the previous management and board of directors of the bank orquasi-bank.

The conservator should be competent and knowledgeable in bank operations andmanagement. The conservatorship shall not eceed one $*' year.

The conservator shall receive remuneration to be fied by the onetary !oard in an amountnot to eceed two-thirds $+>7' of the salary of the president of the institution in one $*' year, payablein twelve $*+' equal monthly payments2 "rovided, That, if at any time within one-year period, theconservatorship is terminated on the ground that the institution can operate on its own, theconservator shall receive the balance of the remuneration which he would have received up to theend of the year/ but if the conservatorship is terminated on other grounds, the conservator shall notbe entitled to such remaining balance. The onetary !oard may appoint a conservator connectedwith the !angko Sentral, in which case he shall not be entitled to receive any remuneration oremolument from the !angko Sentral during the conservatorship. The epenses attendant to the

conservatorship shall be borne by the bank or quasi-bank concerned.

The onetary !oard shall terminate the conservatorship when it is satisfied that theinstitution can continue to operate on its own and the conservatorship is no longer necessary. Theconservatorship shall likewise be terminated should the onetary !oard, on the basis of the reportof the conservator or of its own findings, determine that the continuance in business of the institutionwould involve probable loss to its depositors or creditors, in which case the provisions of Section 7&shall apply.


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Se!"o# 3*.Proceedings in Receivership and /i$uidation.- 4henever, upon report of thehead of the supervising or eamining department, the onetary !oard finds that a bank or quasi-bank2

$a' is unable to pay its liabilities as they become due in the ordinary course of business2"rovided, That this shall not include inability to pay caused by etraordinary demands

induced by financial panic in the banking community/

$b' has insufficient realiable assets, as determined by the !angko Sentral, to meet itsliabilities/ or

$c' cannot continue in business without involving probable losses to its depositors orcreditors/ or

$d' has willfully violated a cease and desist order under Section 70 that has become final,involving acts or transactions which amount to fraud or a dissipation of the assets of theinstitution/ in which cases, the onetary !oard may summarily and without need for priorhearing forbid the institution from doing business in the "hilippines and designate the

"hilippine 5eposit Insurance 3orporation as receiver of the banking institution.

#or a quasi-bank, any person of recognied competence in banking or finance may bedesigned as receiver.

The receiver shall immediately gather and take charge of all the assets and liabilities of theinstitution, administer the same for the benefit of its creditors, and eercise the general powers of areceiver under the )evised )ules of 3ourt but shall not, with the eception of administrativeependitures, pay or commit any act that will involve the transfer or disposition of any asset of theinstitution2 "rovided, That the receiver may deposit or place the funds of the institution in non-speculative investments. The receiver shall determine as soon as possible, but not later than ninety$


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the name of the institution, and with the assistance of counsel as he may retain, institutesuch actions as may be necessary to collect and recover accounts and assets of, or defendany action against, the institution. The assets of an institution under receivership orliquidation shall be deemed in custodia legis in the hands of the receiver and shall, from themoment the institution was placed under such receivership or liquidation, be eempt fromany order of garnishment, levy, attachment, or eecution.

The actions of the onetary !oard taken under this section or under Section +< of this Actshall be final and eecutory, and may not be restrained or set aside by the court ecept on petitionfor certiorari on the ground that the action taken was in ecess of urisdiction or with such graveabuse of discretion as to amount to lack or ecess of urisdiction. The petition for certiorari may onlybe filed by the stockholders of record representing the maority of the capital stock within ten $*&'days from receipt by the board of directors of the institution of the order directing receivership,liquidation or conservatorship.

The designation of a conservator under Section +< of this Act or the appointment of areceiver under this section shall be vested eclusively with the onetary !oard. #urthermore, thedesignation of a conservator is not a precondition to the designation of a receiver.

Se!"o# 3$.Distribution of %ssets.- In case of liquidation of a bank or quasi-bank, afterpayment of the cost of proceedings, including reasonable epenses and fees of the receiver to beallowed by the court, the receiver shall pay the debts of such institution, under order of the court, inaccordance with the rules on concurrence and preference of credit as provided in the 3ivil 3ode.

Se!"o# 3%.Disposition of Revenues and *arnings.- All revenues and earnings realied bythe receiver in winding up the affairs and administering the assets of any bank or quasi-bank withinthe purview of this Act shall be used to pay the costs, fees and epenses mentioned in the precedingsection, salaries of such personnel whose employment is rendered necessary in the discharge of theliquidation together with other additional epenses caused thereby. The balance of revenues andearnings, after the payment of all said epenses, shall form part of the assets available for paymentto creditors.

Se!"o# 33.Disposition of Banking ,ranchise.- The !angko Sentral may, if public interest sorequires, award to an institution, upon such terms and conditions as the onetary !oard mayapprove, the banking franchise of a bank under liquidation to operate in the area where said bank orits branches were previously operating2 "rovided, That whatever proceeds may be realied fromsuch award shall be subect to the appropriate eclusive disposition of the onetary !oard.

Se!"o# 3&.Refusal to !ake Reports or Permit *+amination.- Any officer, owner, agent,manager, director or officer-in-charge of any institution subect to the supervision or eamination bythe !angko Sentral within the purview of this Act who, being required in writing by the onetary!oard or by the head of the supervising and eamining department willfully refuses to file therequired report or permit any lawful eamination into the affairs of such institution shall be punished

by a fine of not less than #ifty thousand pesos $"%&,&&&' nor more than =ne hundred thousandpesos $"*&&,&&&' or by imprisonment of not less than one $*' year nor more than five $%' years, orboth, in the discretion of the court.

Se!"o# 35.,alse Statement.- The willful making of a false or misleading statement on amaterial fact to the onetary !oard or to the eaminers of the !angko Sentral shall be punished bya fine of not less than =ne hundred thousand pesos $"*&&,&&&' nor more than Two hundredthousand pesos $"+&&,&&&', or by imprisonment of not more than $%' years, or both, at the discretionof the court.


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Se!"o# 36.Proceedings 0pon "iolation of his %ct and Other Banking /as1 Rules1Regulations1 Orders or )nstructions.- 4henever a bank or quasi-bank, or whenever any person orentity willfully violates this Act or other pertinent banking laws being enforced or implemented by the!angko Sentral or any order, instruction, rule or regulation issued by the onetary !oard, the personor persons responsible for such violation shall unless otherwise provided in this Act be punished by afine of not less than #ifty thousand pesos $"%&,&&&' nor more than Two hundred thousand pesos

$"+&&,&&&' or by imprisonment of not less than two $+' years nor more than ten $*&' years, or both,at the discretion of the court.

4henever a bank or quasi-bank persists in carrying on its business in an unlawful or unsafemanner, the !oard may, without preudice to the penalties provided in the preceding paragraph ofthis section and the administrative sanctions provided in Section 70 of this Act, take action underSection 7& of this Act.

Se!"o# 37.%dministrative Sanctions on Banks and #uasi-banks.- 4ithout preudice to thecriminal sanctions against the culpable persons provided in Sections 79, 7%, and 71 of this Act, theonetary !oard may, at its discretion, impose upon any bank or quasi-bank, their directors and>orofficers, for any willful violation of its charter or by-laws, willful delay in the submission of reports or

publications thereof as required by law, rules and regulations/ any refusal to permit eamination intothe affairs of the institution/ any willful making of a false or misleading statement to the !oard or theappropriate supervising and eamining department or its eaminers/ any willful failure or refusal tocomply with, or violation of, any banking law or any order, instruction or regulation issued by theonetary !oard, or any order, instruction or ruling by the (overnor/ or any commission ofirregularities, and>or conducting business in an unsafe or unsound manner as may be determined bythe onetary !oard, the following administrative sanctions, whenever applicable2

$a' fines in amounts as may be determined by the onetary !oard to be appropriate, but inno case to eceed Thirty thousand pesos $"7&,&&&' a day for each violation, taking intoconsideration the attendant circumstances, such as the nature and gravity of the violation orirregularity and the sie of the bank or quasi-bank/

$b' suspension of rediscounting privileges or access to !angko Sentral credit facilities/

$c' suspension of lending or foreign echange operations or authority to accept new depositsor make new investments/

$d' suspension of interbank clearing privileges/ and>or

$e' revocation of quasi-banking license.

)esignation or termination from office shall not eempt such director or officer fromadministrative or criminal sanctions.

The onetary !oard may, whenever warranted by circumstances, preventively suspend anydirector or officer of a bank or quasi-bank pending an investigation2 "rovided, That should the casebe not finally decided by the !angko Sentral within a period of one hundred twenty $*+&' days afterthe date of suspension, said director or officer shall be reinstated in his position2 "rovided, further,That when the delay in the disposition of the case is due to the fault, negligence or petition of thedirector or officer, the period of delay shall not be counted in computing the period of suspensionherein provided.


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The above administrative sanctions need not be applied in the order of their severity.

4hether or not there is an administrative proceeding, if the institution and>or the directorsand>or officers concerned continue with or otherwise persist in the commission of the indicatedpractice or violation, the onetary !oard may issue an order requiring the institution and>or thedirectors and>or officers concerned to cease and desist from the indicated practice or violation, and

may further order that immediate action be taken to correct the conditions resulting from suchpractice or violation. The cease and desist order shall be immediately effective upon service on therespondents.

The respondents shall be afforded an opportunity to defend their action in a hearing beforethe onetary !oard or any committee chaired by any onetary !oard member created for thepurpose, upon request made by the respondents within five $%' days from their receipt of the order. Ifno such hearing is requested within said period, the order shall be final. If a hearing is conducted, allissues shall be determined on the basis of records, after which the onetary !oard may eitherreconsider or make final its order.

The (overnor is hereby authoried, at his discretion, to impose upon banking institutions, for

any failure to comply with the requirements of law, onetary !oard regulations and policies, and>orinstructions issued by the onetary !oard or by the (overnor, fines not in ecess of Ten thousandpesos $"*&,&&&' a day for each violation, the imposition of which shall be final and eecutory untilreversed, modified or lifted by the onetary !oard on appeal.

Se!"o# 3(.Operating Departments of the Bangko Sentral.- The onetary !oard shall, inaccordance with its authority under this Act, determine and provide for such operating departmentsand other offices, including a public information office, of the !angko Sentral as it deems convenientfor the proper and efficient conduct of the operations and the accomplishment of the obectives ofthe !angko Sentral. The functions and duties of such operating departments and other offices shallbe determined by the onetary !oard.

ARTICLE +

REPORTS AND PUBLICATIONS

Se!"o# 3).Reports and Publications.- The !angko Sentral shall publish a general balancesheet showing the volume and composition of its assets and liabilities as of the last working day ofthe month within sity $1&' days after the end of each month ecept for the month of 5ecember,which shall be submitted within ninety $


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$d' as soon as practicable, abnormal movements in monetary aggregates and the generalprice level, and, not later than seventy-two $0+' hours after they are taken, remedialmeasures in response to such abnormal movements.

Se!"o# &*.%nnual Report.- !efore the end of arch of each year, the !angko Sentral shallpublish and submit to the "resident and the 3ongress an annual report on the condition of the

!angko Sentral including a review of the policies and measures adopted by the onetary !oardduring the past year and an analysis of the economic and financial circumstances which gave rise tosaid policies and measures.

The annual report shall also include a statement of the financial condition of the !angkoSentral and a statistical appendi which shall present, as a minimum, the following data2

$a' the monthly movement of monetary aggregates and their components/

$b' the monthly movement of purchases and sales of foreign echange and of theinternational reserves of the !angko Sentral/

$c' the balance of payments of the "hilippines/

$d' monthly indices of consumer prices and of import and eport prices/

$e' the monthly movement, in summary form, of eports and imports, by volume and value/

$f' the monthly movement of the accounts of the !angko Sentral and of other banks/

$g' the principal data on government receipts and ependitures and on the status of thepublic debt, both domestic and foreign/ and

$h' the tets of the maor legal and administrative measures adopted by the (overnment and

the onetary !oard during the year which relate to the functions or operations of the !angkoSentral or of the financial system.

The !angko Sentral shall publish another version of the annual report in termsunderstandable to the layman.

#ailure to comply with the reportorial requirements pursuant to this article without ustifiablereason as may be determined by the onetary !oard shall cause the withholding of the salary of thepersonnel concerned until the requirements are complied with.

Se!"o# &$.Signatures on Statements.- The balance sheets and other financial statementsof the !angko Sentral shall be signed by the officers responsible for their preparation, by the

(overnor, and by the auditor of the !angko Sentral.

ARTICLE +I

PROFITS, LOSSES, AND SPECIAL ACCOUNTS

Se!"o# &%.,iscal 2ear.- The fiscal year of the !angko Sentral shall begin on Banuary firstand end on 5ecember thirty-first of each year.


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Se!"o# &3.Computation of Profits and /osses.- 4ithin the first thirty $7&' days following theend of each year, the !angko Sentral shall determine its net profits or losses. In the calculation ofnet profits, the !angko Sentral shall make adequate allowance or establish adequate reserves forbad and doubtful accounts.

Se!"o# &&.Distribution of 3et Profits.- 4ithin the first sity $1&' days following the end of

each fiscal year, the onetary !oard shall determine and carry out the distribution of the net profits,in accordance with the following rule2

#ifty percent $%&' of the net profits shall be carried to surplus and the remaining fiftypercent $%&' shall revert back to the 8ational Treasury, ecept as otherwise provided in thetransitory provisions of this Act.

Se!"o# &5.Revaluation Profits and /osses.- "rofits or losses arising from any revaluationof the !angko Sentral;s net assets or liabilities in gold or foreign currencies with respect to the"hilippine peso shall not be included in the computation of the annual profits and losses of the!angko Sentral. Any profits or losses arising in this manner shall be offset by any amounts which, asa consequence of such revaluations, are owed by the "hilippines to any international or regional

intergovernmental financial institution of which the "hilippines is a member or are owed by theseinstitutions to the "hilippines. Any remaining profit or loss shall be carried in a special froen accountwhich shall be named C)evaluation of International )eserveC and the net balance of which shallappear either among the liabilities or among the assets of the !angko Sentral, depending onwhether the revaluations have produced net profits or net losses.

The )evaluation of International )eserve account shall be neither credited nor debited forany purposes other than those specifically authoried in this section.

Se!"o# &6.Suspense %ccounts.- Sections 97 and 97-A of )epublic Act 8o. +1%, asamended, creating the onetary Adustment Account $AA' and the @change Stabiliation

Adustment Account $@SAA', respectively, are hereby repealed. Amounts outstanding as of theeffective date of this Act based on these accounts shall continue to be for the account of the 3entral!ank and shall be governed by the transitory provisions of this Act.

The )evaluation of International )eserve $)I)' account as of the effective date of this Act ofthe 3entral !ank shall continue to be for the account of the same entity and shall be governed by theprovisions of Section 99 of )epublic Act 8o. +1%, as amended, until otherwise provided for inaccordance with the transitory provisions of this Act.

ARTICLE +II

THE AUDITOR

Se!"o# &7.%ppointment and Personnel.- The 3hairman of the 3ommission on Audit shallact as the e officio auditor of the !angko Sentral and, as such, he is empowered and authoried to

appoint a representative who shall be the auditor of the !angko Sentral and, in accordance with law,fi his salary, and to appoint and fi salaries and number of personnel to assist said representative inhis work. The salaries and other emoluments shall be paid by the 3ommission. The auditor of the!angko Sentral and personnel under him may be removed only by the 3hairman of the 3ommission.

The representative of the 3hairman of the 3ommission must be a certified public accountantwith at least ten $*&' years eperience as such. 8o relative of any member of the onetary !oard orthe 3hairman of the 3ommission within the sith degree of consanguinity or affinity shall beappointed such representative.


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CHAPTER II THE BANGKO SENTRAL AND THE MEANS OF PA'MENT

ARTICLE I

THE UNIT OF MONETAR' +ALUE

Se!"o# &(.he Peso.- The unit of monetary value in the "hilippines is the Cpeso,C which is

represented by the sign C".C

The peso is divided into one hundred $*&&' equal parts called Ccentavos,C which arerepresented by the sign Cc.C

ARTICLE II

ISSUE OF MEANS OF PA'MENT

A. CURRENC'

Se!"o# &).Definition of Currency.- The word CcurrencyC is hereby defined, for purposes ofthis Act, as meaning all "hilippine notes and coins issued or circulating in accordance with the

provisions of this Act.

Se!"o# 5*.*+clusive )ssue Poer.- The !angko Sentral shall have the sole power andauthority to issue currency, within the territory of the "hilippines. 8o other person or entity, public orprivate, may put into circulation notes, coins or any other obect or document which, in the opinion ofthe onetary !oard, might circulate as currency, nor reproduce or imitate the facsimiles of !angkoSentral notes without prior authority from the !angko Sentral.

The onetary !oard may issue such regulations as it may deem advisable in order toprevent the circulation of foreign currency or of currency substitutes as well as to prevent thereproduction of facsimiles of !angko Sentral notes.

The !angko Sentral shall have the authority to investigate, make arrests, conduct searchesand seiures in accordance with law, for the purpose of maintaining the integrity of the currency.

Diolation of this provision or any regulation issued by the !angko Sentral pursuant theretoshall constitute an offense punishable by imprisonment of not less than five $%' years but not morethan ten $*&' years. In case the )evised "enal 3ode provides for a greater penalty, then that penaltyshall be imposed.

Se!"o# 5$./iability for 3otes and Coins.- 8otes and coins issued by the !angko Sentralshall be liabilities of the !angko Sentral and may be issued only against, and in amounts noteceeding, the assets of the !angko Sentral. Said notes and coins shall be a first and paramountlien on all assets of the !angko Sentral.

The !angko Sentral;s holdings of its own notes and coins shall not be considered as part ofits currency issue and, accordingly, shall not form part of the assets or liabilities of the !angkoSentral.

Se!"o# 5%./egal ender Poer.- All notes and coins issued by the !angko Sentral shall befully guaranteed by the (overnment of the )epublic of the "hilippines and shall be legal tender inthe "hilippines for all debts, both public and private2 "rovided, however, That, unless otherwise fiedby the onetary !oard, coins shall be legal tender in amounts not eceeding #ifty pesos $"%&.&&'


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for denominations of Twenty-five centavos and above, and in amounts not eceeding Twenty pesos$"+&.&&' for denominations of Ten centavos or less.

Se!"o# 53.Characteristics of the Currency.- The onetary !oard, with the approval of the"resident of the "hilippines, shall prescribe the denominations, dimensions, designs, inscriptionsand other characteristics of notes issued by the !angko Sentral2 "rovided, however, That said notes

shall state that they are liabilities of the !angko Sentral and are fully guaranteed by the (overnmentof the )epublic of the "hilippines. Said notes shall bear the signatures, in facsimile, of the "residentof the "hilippines and of the (overnor of the !angko Sentral.

Similarly, the onetary !oard, with the approval of the "resident of the "hilippines, shallprescribe the weight, fineness, designs, denominations and other characteristics of the coins issuedby the !angko Sentral. In the minting of coins, the onetary !oard shall give full consideration to theavailability of suitable metals and to their relative prices and cost of minting.

Se!"o# 5&.Printing of 3otes and !ining of Coins.- The onetary !oard shall prescribe theamounts of notes and coins to be printed and minted, respectively, and the conditions to which theprinting of notes and the minting of coins shall be subect. The onetary !oard shall have the

authority to contract institutions, mints or firms for such operations.

All epenses incurred in the printing of notes and the minting of coins shall be for the accountof the !angko Sentral.

Se!"o# 55.)nterconvertibility of Currency.- The !angko Sentral shall echange, on demandand without charge, "hilippine currency of any denomination for "hilippine notes and coins of anyother denomination requested. If for any reason the !angko Sentral is temporarily unable to providenotes or coins of the denominations requested, it shall meet its obligations by delivering notes andcoins of the denominations which most nearly approimate those requested.

Se!"o# 56.Replacement of Currency 0nfit for Circulation.- The !angko Sentral shall

withdraw from circulation and shall demonetie all notes and coins which for any reason whatsoeverare unfit for circulation and shall replace them by adequate notes and coins2 "rovided, however,That the !angko Sentral shall not replace notes and coins the identification of which is impossible,coins which show signs of filing, clipping or perforation, and notes which have lost more than two-fifths $+>%' of their surface or all of the signatures inscribed thereon. 8otes and coins in suchmutilated conditions shall be withdrawn from circulation and demonetied without compensation tothe bearer.

Se!"o# 57.Retirement of Old 3otes and Coins.- The !angko Sentral may call in forreplacement notes of any series or denomination which are more than five $%' years old and coinswhich are more than $*&' years old.

8otes and coins called in for replacement in accordance with this provision shall remain legal

tender for a period of one $*' year from the date of call. After this period, they shall cease to be legaltender but during the following year, or for such longer period as the onetary !oard may determine,they may be echanged at par and without charge in the !angko Sentral and by agents dulyauthoried by the !angko Sentral for this purpose. After the epiration of this latter period, the notesand coins which have not been echanged shall cease to be a liability of the !angko Sentral andshall be demonetied. The !angko Sentral shall also demonetie all notes and coins which havebeen called in and replaced.

B. DEMAND DEPOSITS


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Se!"o# 5(.Definition.- #or purposes of this Act, the term Cdemand depositsC means allthose liabilities of the !angko Sentral and of other banks which are denominated in "hilippinecurrency and are subect to payment in legal tender upon demand by the presentation of checks.

Se!"o# 5).)ssue of Demand Deposits.- =nly banks duly authoried to do so may acceptfunds or create liabilities payable in pesos upon demand by the presentation of checks, and such

operations shall be subect to the control of the onetary !oard in accordance with the powersgranted it with respect thereto under this Act.

Se!"o# 6*./egal Character.- 3hecks representing demand deposits do not have legaltender power and their acceptance in the payment of debts, both public and private, is at the optionof the creditor2 "rovided, however, That a check which has been cleared and credited to the accountof the creditor shall be equivalent to a delivery to the creditor of cash in an amount equal to theamount credited to his account.

CHAPTER III GUIDING PRINCIPLES OF MONETAR' ADMINISTRATION B' THE BANGKO

SENTRAL

ARTICLE IDOMESTIC MONETAR' STABILIZATION

Se!"o# 6$.&uiding Principle.- The onetary !oard shall endeavor to control anyepansion or contraction in monetary aggregates which is preudicial to the attainment ormaintenance of price stability.

Se!"o# 6%.Poer to Define erms.- #or purposes of this article and of this Act, theonetary !oard shall formulate definitions of monetary aggregates, credit and prices and shall makepublic such definitions and any changes thereof.

Se!"o# 63.%ction 'hen %bnormal !ovements Occur in the !onetary %ggregates1 Credit1

or Price /evel.- 4henever abnormal movements in the monetary aggregates, in credit, or in pricesendanger the stability of the "hilippine economy or important sectors thereof, the onetary !oardshall2

$a' take such remedial measures as are appropriate and within the powers granted to theonetary !oard and the !angko Sentral under the provisions of this Act/ and

$b' submit to the "resident of the "hilippines and the 3ongress, and make public, a detailedreport which shall include, as a minimum, a description and analysis of2

$*' the causes of the rise or fall of the monetary aggregates, of credit or of prices/

$+' the etent to which the changes in the monetary aggregates, in credit, or in priceshave been reflected in changes in the level of domestic output, employment, wagesand economic activity in general, and the nature and significance of any suchchanges/ and

$7' the measures which the onetary !oard has taken and the other monetary, fiscalor administrative measures which it recommends to be adopted.


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4henever the monetary aggregates, or the level of credit, increases or decreases by morethan fifteen percent $*%', or the cost of living inde increases by more than ten percent $*&', inrelation to the level eisting at the end of the corresponding month of the preceding year, or eventhough any of these quantitative guidelines have not been reached when in its udgment thecircumstances so warrant, the onetary !oard shall submit the reports mentioned in this section,and shall state therein whether, in the opinion of the !oard, said changes in the monetary

aggregates, credit or cost of living represent a threat to the stability of the "hilippine economy or ofimportant sectors thereof.

The onetary !oard shall continue to submit periodic reports to the "resident of the"hilippines and to 3ongress until it considers that the monetary, credit or price disturbances havedisappeared or have been adequately controlled.

ARTICLE II

INTERNATIONAL MONETAR' STABILIZATION

Se!"o# 6&.)nternational !onetary Stabili4ation.- The !angko Sentral shall eercise itspowers under this Act to preserve the international value of the peso and to maintain its convertibility

into other freely convertible currencies primarily for, although not necessarily limited to, currentpayments for foreign trade and invisibles.

Se!"o# 65.)nternational Reserves.- In order to maintain the international stability andconvertibility of the "hilippine peso, the !angko Sentral shall maintain international reservesadequate to meet any foreseeable net demands on the !angko Sentral for foreign currencies.

In udging the adequacy of the international reserves, the onetary !oard shall be guided bythe prospective receipts and payments of foreign echange by the "hilippines. The !oard shall givespecial attention to the volume and maturity of the !angko Sentral;s own liabilities in foreigncurrencies, to the volume and maturity of the foreign echange assets and liabilities of other banksoperating in the "hilippines and, insofar as they are known or can be estimated, the volume andmaturity of the foreign echange assets and liabilities of all other persons and entities in the"hilippines.

Se!"o# 66.Composition of the )nternational Reserves.- The international reserves of the!angko Sentral may include but shall not be limited to the following assets2

$a' gold/ and

$b' assets in foreign currencies in the form of2 documents and instruments customarilyemployed for the international transfer of funds/ demand and time deposits in central banks,treasuries and commercial banks abroad/ foreign government securities/ and foreign notesand coins.

The onetary !oard shall endeavor to hold the foreign echange resources of the !angkoSentral in freely convertible currencies/ moreover, the !oard shall give particular consideration to theprospects of continued strength and convertibility of the currencies in which the reserve ismaintained, as well as to the anticipated demands for such currencies. The onetary !oard shallissue regulations determining the other qualifications which foreign echange assets must meet inorder to be included in the international reserves of the !angko Sentral.


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The !angko Sentral shall be free to convert any of the assets in its international reserves intoother assets as described in subsections $a' and $b' of this section.

Se!"o# 67.%ction 'hen the )nternational Stability of the Peso )s hreatened.- 4heneverthe international reserve of the !angko Sentral falls to a level which the onetary !oard considersinadequate to meet prospective net demands on the !angko Sentral for foreign currencies, or

whenever the international reserve appears to be in imminent danger of falling to such a level, orwhenever the international reserve is falling as a result of payments or remittances abroad which, inthe opinion of the onetary !oard, are contrary to the national welfare, the onetary !oard shall2

$a' take such remedial measures as are appropriate and within the powers granted to theonetary !oard and the !angko Sentral under the provisions of this Act/ and

$b' submit to the "resident of the "hilippines and to 3ongress a detailed report which shallinclude, as a minimum, a description and analysis of2

$*' the nature and causes of the eisting or imminent decline/

$+' the remedial measures already taken or to be taken by the onetary !oard/

$7' the monetary, fiscal or administrative measures further proposed/ and

$9' the character and etent of the cooperation required from other governmentagencies for the successful eecution of the policies of the onetary !oard.

If the resultant actions fail to check the deterioration of the reserve position of the !angkoSentral, or if the deterioration cannot be checked ecept by chronic restrictions on echange andtrade transactions or by sacrifice of the domestic obectives of a balanced and sustainable growth ofthe economy, the onetary !oard shall propose to the "resident, with appropriate notice of the3ongress, such additional action as it deems necessary to restore equilibrium in the international

balance of payments of the "hilippines.

The onetary !oard shall submit periodic reports to the "resident and to 3ongress until thethreat to the international monetary stability of the "hilippines has disappeared.

CHAPTER I+ INSTRUMENTS OF BANGKO SENTRAL ACTION

ARTICLE I

GENERAL CRITERION

Se!"o# 6(.!eans of %ction.- In order to achieve the primary obective of price stability, theonetary !oard shall rely on its moral influence and the powers granted to it under this Act for the

management of monetary aggregates.

ARTICLE II

OPERATIONS IN GOLD AND FOREIGN ECHANGE

Se!"o# 6).Purchases and Sales of &old.- The !angko Sentral may buy and sell gold inany form, subect to such regulations as the onetary !oard may issue.


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The purchases and sales of gold authoried by this section shall be made in the nationalcurrency at the prevailing international market price as determined by the onetary !oard.

Se!"o# 7*.Purchases and Sales of ,oreign *+change.- The !angko Sentral may buy andsell foreign notes and coins, and documents and instruments of types customarily employed for theinternational transfer of funds. The !angko Sentral may engage in future echange operations.

The !angko Sentral may engage in foreign echange transactions with the following entitiesor persons only2

$a' banking institutions operating in the "hilippines/

$b' the (overnment, its political subdivisions and instrumentalities/

$c' foreign or international financial institutions/

$d' foreign governments and their instrumentalities/ and

$e' other entities or persons which the onetary !oard is hereby empowered to authorie asforeign echange dealers, subect to such rules and regulations as the onetary !oard shallprescribe.

In order to maintain the convertibility of the peso, the !angko Sentral may, at the request ofany banking institution operating in the "hilippines, buy any quantity of foreign echange offered,and sell any quantity of foreign echange demanded, by such institution, provided that the foreigncurrencies so offered or demanded are freely convertible into gold or 6nited States dollars. Thisrequirement shall not apply to demands for foreign notes and coins.

The !angko Sentral shall effect its echange transactions between foreign currencies andthe "hilippine peso at the rates determined in accordance with the provisions of Section 09 of this

Act.

Se!"o# 7$.,oreign %sset Position of the Bangko Sentral.- The !angko Sentral shallendeavor to maintain at all times a net positive foreign asset position so that its gross foreignechange assets will always eceed its gross foreign liabilities. In the event that the equivalentamount in pesos of the foreign echange liabilities of the !angko Sentral eceed twice theequivalent amount in pesos of the foreign echange assets of the bank, the !angko Sentral shall,within sity $1&' days from the date the limit is eceeded, submit a report to the 3ongress stating theorigin of these liabilities, and the manner in which they will be paid.

Se!"o# 7%.*mergency Restrictions on *+change Operations.- In order to achieve theprimary obective of the !angko Sentral as set forth in Section 7 of this Act, or protect the

international reserves of the !angko Sentral in the imminence of, or during an echange crisis, or intime of national emergency and to give the onetary !oard and the (overnment time in which totake constructive measures to forestall, combat, or overcome such a crisis or emergency, theonetary !oard, with the concurrence of at least five $%' of its members and with the approval of the"resident of the "hilippines, may temporarily suspend or restrict sales of echange by the !angkoSentral, and may subect all transactions in gold and foreign echange to license by the !angkoSentral, and may require that any foreign echange thereafter obtained by any person residing orentity operating in the "hilippines be delivered to the !angko Sentral or to any bank or agentdesignated by the !angko Sentral for the purpose, at the effective echange rate or rates2 "rovided,


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however, That foreign currency deposits made under )epublic Act 8o. 19+1 shall be eempt fromthese requirements.

Se!"o# 73.%c$uisition of )nconvertible Currencies.- The !angko Sentral shall avoid theacquisition and holding of currencies which are not freely convertible, and may acquire suchcurrencies in an amount eceeding the minimum balance necessary to cover current demands for

said currencies only when, and to the etent that, such acquisition is considered by the onetary!oard to be in the national interest. The onetary !oard shall determine the procedures which shallapply to the acquisition and disposition by the !angko Sentral of foreign echange which is not freelyutiliable in the international market.

Se!"o# 7&.*+change Rates.- The onetary !oard shall determine the echange ratepolicy of the country.

The onetary !oard shall determine the rates at which the !angko Sentral shall buy and sellspot echange, and shall establish deviation limits from the effective echange rate or rates as itmay deem proper. The !angko Sentral shall not collect any additional commissions or charges ofany sort, other than actual telegraphic or cable costs incurred by it.

The onetary !oard shall similarly determine the rates for other types of foreign echangetransactions by the !angko Sentral, including purchases and sales of foreign notes and coins, butthe margins between the effective echange rates and the rates thus established may not eceedthe corresponding margins for spot echange transactions by more than the additional costs orepenses involved in each type of transactions.

Se!"o# 75.Operations ith ,oreign *ntities.- The onetary !oard may authorie the!angko Sentral to grant loans to and receive loans from foreign banks and other foreign orinternational entities, both public and private, and may engage in such other operations with theseentities as are in the national interest and are appropriate to its character as a central bank. The!angko Sentral may also act as agent or correspondent for such entities.

6pon authority of the onetary !oard, the !angko Sentral may pledge any gold or otherassets which it possesses as security against loans which it receives from foreign or internationalentities.

ARTICLE III

REGULATION OF FOREIGN ECHANGE OPERATIONS OF THE BANKS

Se!"o# 76.,oreign *+change (oldings of the Banks.- In order that the !angko Sentral mayat all times have foreign echange resources sufficient to enable it to maintain the internationalstability and convertibility of the peso, or in order to promote the domestic investment of bankresources, the onetary !oard may require the banks to sell to the !angko Sentral or to other banksall or part of their surplus holdings of foreign echange. Such transfers may be required for all

foreign currencies or for only certain of such currencies, according to the decision of the onetary!oard. The transfers shall be made at the rates established under the provisions of Section 09 ofthis Act.

The onetary !oard may, whenever warranted, determine the net assets and net liabilities ofbanks and shall, in making such a determination, take into account the bank;s networth, outstandingliabilities, actual and contingent, or such other financial or performance ratios as may be appropriateunder the circumstances. Any such determination of net assets and net liabilities shall be applied inall banks uniformly and without discrimination.


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Se!"o# 77.Re$uirement of Balanced Currency Position.- The onetary !oard may requirethe banks to maintain a balanced position between their assets and liabilities in "hilippine pesos orin any other currency or currencies in which they operate. The banks shall be granted a reasonableperiod of time in which to adust their currency positions to any such requirement.

The powers granted under this section shall be eercised only when special circumstances

make such action necessary, in the opinion of the onetary !oard, and shall be applied to all banksalike and without discrimination.

Se!"o# 7(.Regulation of 3on-spot *+change ransactions.- In order to restrain the banksfrom taking speculative positions with respect to future fluctuations in foreign echange rates, theonetary !oard may issue such regulations governing bank purchases and sales of non-spotechange as it may consider necessary for said purpose.

Se!"o# 7).Other *+change Profits and /osses.- The banks shall bear the risks of non-compliance with the terms of the foreign echange documents and instruments which they buy andsell, and shall also bear any other typically commercial or banking risks, including echange risks notassumed by the !angko Sentral under the provisions of the preceding section.

Se!"o# (*.)nformation on *+change Operations.- The banks shall report to the !angkoSentral the volume and composition of their purchases and sales of gold and foreign echange eachday, and must furnish such additional information as the !angko Sentral may request with referenceto the movements in their accounts in foreign currencies.

The onetary !oard may also require other persons and entities to report to it currently alltransactions or operations in gold, in any shape or form, and in foreign echange whether enteredinto or undertaken by them directly or through agents, or to submit such data as may be required onoperations or activities giving rise to or in connection with or relating to a gold or foreign echangetransaction. The onetary !oard shall prescribe the forms on which such declarations must bemade. The accuracy of the declarations may be verified by the !angko Sentral by whateverinspection it may deem necessary.

ARTICLE I+

LOANS TO BANKING AND OTHER FINANCIAL INSTITUTIONS

A. CREDIT POLIC'

Se!"o# ($.&uiding Principles.- The rediscounts, discounts, loans and advances which the!angko Sentral is authoried to etend to banking institutions under the provisions of the presentarticle of this Act shall be used to influence the volume of credit consistent with the obective of pricestability.

B. NORMAL CREDIT OPERATIONS

Se!"o# (%.%uthori4ed ypes of Operations.- Subect to the principle stated in the precedingsection of this Act, the !angko Sentral may normally and regularly carry on the following creditoperations with banking institutions operating in the "hilippines2

$a' 3ommercial credits. - The !angko Sentral may rediscount, discount, buy and sell bills,acceptances, promissory notes and other credit instruments with maturities of not more than


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one hundred eighty $*:&' days from the date of their rediscount, discount or acquisition bythe !angko Sentral and resulting from transactions related to2

$*' the importation, eportation, purchase or sale of readily saleable goods andproducts, or their transportation within the "hilippines/ or

$+' the storing of non-perishable goods and products which are duly insured anddeposited, under conditions assuring their preservation, in authoried bondedwarehouses or in other places approved by the onetary !oard.

$b' "roduction credits. - The !angko Sentral may rediscount, discount, buy and sell bills,acceptances, promissory notes and other credit instruments having maturities of not morethan three hundred sity $71&' days from the date of their rediscount, discount or acquisitionby the !angko Sentral and resulting from transactions related to the production orprocessing of agricultural, animal, mineral, or industrial products. 5ocuments or instrumentsacquired in accordance with this subsection shall be secured by a pledge of the respectivecrops or products2 "rovided, however, That the crops or products need not be pledged tosecure the documents if the original loan granted by the !angko Sentral is secured by a lien

or mortgage on real estate property seventy percent $0&' of the appraised value of whichequals or eceeds the amount of the loan granted.

$c' =ther credits. - Special credit instruments not otherwise rediscountable under theimmediately preceding subsections $a' and $b' may be eligible for rediscounting inaccordance with rules and regulations which the !angko Sentral shall prescribe. 4henevernecessary, the !angko Sentral shall provide funds from non-inflationary sources2 "rovided,however, That the onetary !oard shall prescribe additional safeguards for disbursing thesefunds.

$d' Advances. - The !angko Sentral may grant advances against the following kinds ofcollaterals for fied periods which, with the eception of advances against collateral named inclause $9' of the present subsection, shall not eceed one hundred eighty $*:&' days2

$*' gold coins or bullion/

$+' securities representing obligations of the !angko Sentral or of other domesticinstitutions of recognied solvency/

$7' the credit instruments to which reference is made in subsection $a' of this section/

$9' the credit instruments to which reference is made in subsection $b' of this section,for periods which shall not eceed three hundred sity $71&' days/

$%' utilied portions of advances in current amount covered by regular overdraftagreements related to operations included under subsections $a' and $b' of thissection, and certified as to amount and liquidity by the institution soliciting theadvance/

$1' negotiable treasury bills, certificates of indebtedness, notes and other negotiableobligations of the (overnment maturing within three $7' years from the date of theadvance/ and


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$0' negotiable bonds issued by the (overnment of the "hilippines, by "hilippineprovincial, city or municipal governments, or by any "hilippine (overnmentinstrumentality, and having maturities of not more than ten $*&' years from the dateof advance.

The rediscounts, discounts, loans and advances made in accordance with the provisions of this

section may not be renewed or etended unless etraordinary circumstances fully ustify suchrenewal or etension.

Advances made against the collateral named in clauses $1' and $0' of subsection $d' of thissection may not eceed eighty percent $:&' of the current market value of the collateral.

C. SPECIAL CREDIT OPERATION

Se!"o# (3./oans for /i$uidity Purposes.- The !angko Sentral may etend loans andadvances to banking institutions for a period of not more than seven $0' days without any collateralfor the purpose of providing liquidity to the banking system in times of need.

D. EMERGENC' CREDIT OPERATION

Se!"o# (&.*mergency /oans and %dvances.- In periods of national and>or localemergency or of imminent financial panic which directly threaten monetary and banking stability, theonetary !oard may, by a vote of at least five $%' of its members, authorie the !angko Sentral togrant etraordinary loans or advances to banking institutions secured by assets as definedhereunder2 "rovided, That while such loans or advances are outstanding, the debtor institution shallnot, ecept upon prior authoriation by the onetary !oard, epand the total volume of its loans orinvestments.

The onetary !oard may, at its discretion, likewise authorie the !angko Sentral to grantemergency loans or advances to banking institutions, even during normal periods, for the purpose of

assisting a bank in a precarious financial condition or under serious financial pressures brought byunforeseen events, or events which, though foreseeable, could not be prevented by the bankconcerned2 "rovided, however, That the onetary !oard has ascertained that the bank is notinsolvent and has the assets defined hereunder to secure the advances2 "rovided, further, That aconcurrent vote of at least five $%' members of the onetary !oard is obtained.

The amount of any emergency loan or advance shall not eceed the sum of fifty percent$%&' of total deposits and deposit substitutes of the banking institution and shall be disbursed intwo $+' or more tranches. The amount of the first tranche shall be limited to twenty-five percent$+%' of the total deposit and deposit substitutes of the institution and shall be secured bygovernment securities to the etent of their applicable loan values and other unencumbered firstclass collaterals which the onetary !oard may approve2 "rovided, That if as determined by theonetary !oard, the circumstances surrounding the emergency warrant a loan or advance greater

than the amount provided hereinabove, the amount of the first tranche may eceed twenty-fivepercent $+%' of the bank;s total deposit and deposit substitutes if the same is adequately securedby applicable loan values of government securities and unencumbered first class collateralsapproved by the onetary !oard, and the principal stockholders of the institution furnish anacceptable undertaking to indemnify and hold harmless from suit a conservator whose appointmentthe onetary !oard may find necessary at any time.

"rior to the release of the first tranche, the banking institution shall submit to the !angkoSentral a resolution of its board of directors authoriing the !angko Sentral to evaluate other assets


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of the banking institution certified by its eternal auditor to be good and available for collateralpurposes should the release of the subsequent tranche be thereafter applied for.

The onetary !oard may, by a vote of at least five $%' of its members, authorie the releaseof a subsequent tranche on condition that the principal stockholders of the institution2

$a' furnish an acceptable undertaking to indemnify and hold harmless from suit a conservatorwhose appointment the onetary !oard may find necessary at any time/ and

$b' provide acceptable security which, in the udgment of the onetary !oard, would beadequate to supplement, where necessary, the assets tendered by the banking institution tocollateralie the subsequent tranche.

In connection with the eercise of these powers, the prohibitions in Section *+: of this Actshall not apply insofar as it refers to acceptance as collateral of shares and their acquisition as aresult of foreclosure proceedings, including the eercise of voting rights pertaining to said shares2"rovided, however, That should the !angko Sentral acquire any of the shares it has accepted ascollateral as a result of foreclosure proceedings, the !angko Sentral shall dispose of said shares by

public bidding within one $*' year from the date of consolidation of title by the !angko Sentral.

4henever a financial institution incurs an overdraft in its account with the !angko Sentral,the same shall be eliminated within the period prescribed in Section *&+ of this Act.

E. CREDIT TERMS

Se!"o# (5.)nterest and Rediscount.- The !angko Sentral shall collect interest and otherappropriate charges on all loans and advances it etends, the closure, receivership or liquidations ofthe debtor-institution notwithstanding. This provision shall apply prospectively.

The onetary !oard shall fi the interest and rediscount rates to be charged by the !angko

Sentral on its credit operations in accordance with the character and term of the operation, but afterdue consideration has been given to the credit needs of the market, the composition of the !angkoSentral;s portfolio, and the general requirements of the national monetary policy. Interest andrediscount rates shall be applied to all banks of the same category uniformly and withoutdiscrimination.

Se!"o# (6.*ndorsement.- The documents rediscounted, discounted, bought or acceptedas collateral by the !angko Sentral in the course of the credit operations authoried in this articleshall bear the endorsement of the institution from which they are received.

Se!"o# (7.Repayment of Credits.- 5ocuments rediscounted, discounted or accepted ascollateral by the !angko Sentral must be withdrawn by the borrowing institution on the dates of their

maturities, or upon liquidation of the obligations which they represent or to which they relatewhenever said obligations have been liquidated prior to their dates of maturity.

!anks shall have the right at any time to withdraw any documents which they have presentedto the !angko Sentral as collateral, upon payment in full of the corresponding debt to the !angkoSentral, including interest charges.

Se!"o# ((.Other re$uirements.- The onetary !oard may prescribe, within the generalpowers granted to it under this Act, additional conditions which borrowing institutions must satisfy in


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order to have access to the credit of the !angko Sentral. These conditions may refer to the rates ofinterest charged by the banks, to the purposes for which their loans in general are destined, and toany other clearly definable aspect of the credit policy of the bank.

Se!"o# ().Provisional %dvances to the 3ational &overnment.- The !angko Sentral maymake direct provisional advances with or without interest to the 8ational (overnment to finance

ependitures authoried in its annual appropriation2 "rovided, That said advances shall be repaidbefore the end of three $7' months etendible by another three $7' months as the onetary !oardmay allow following the date the 8ational (overnment received such provisional advances and shallnot, in their aggregate, eceed twenty percent $+&' of the average annual income of the borrowerfor the last three $7' preceding fiscal years.

ARTICLE +

OPEN MARKET OPERATIONS FOR THE ACCOUNT OF THE BANGKO SENTRAL

Se!"o# )*.Principles of Open !arket Operations.- The open market purchases and salesof securities by the !angko Sentral shall be made eclusively in accordance with its primaryobective of achieving price stability.

Se!"o# )$.Purchases and Sales of &overnment Securities.- In order to achieve theobectives of the national monetary policy, the !angko Sentral may, in accordance with the principlestated in Section


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!angko Sentral has reserved the right to make such redemptions. The evidences of indebtednessacquired or redeemed by the !angko Sentral shall not be included among its assets, and shall beimmediately retired and cancelled.

ARTICLE +I

COMPOSITION OF BANGKO SENTRAL-S PORTFOLIO

Se!"o# )3.Revie of the Bangko Sentral5s Portfolio.- At least once every month theonetary !oard shall review the portfolio of the !angko Sentral in relation to its future credit policy.

In reviewing the !angko Sentral;s portfolio, the onetary !oard shall especially considerwhether a sufficiently large part of the portfolio consists of assets with early maturities, in order that acontraction in !angko Sentral credit may be effected promptly whenever the national monetarypolicy so requires.

ARTICLE +II

BANK RESER+ES

Se!"o# )&.Reserve Re$uirements.- In order to control the volume of money created by thecredit operations of the banking system, all banks operating in the "hilippines shall be required tomaintain reserves against their deposit liabilities2 "rovided, That the onetary !oard may, at itsdiscretion, also require all banks and>or quasi-banks to maintain reserves against funds held in trustand liabilities for deposit substitutes as defined in this Act. The required reserves of each bank shallbe proportional to the volume of its deposit liabilities and shall ordinarily take the form of a deposit inthe !angko Sentral. )eserve requirements shall be applied to all banks of the same categoryuniformly and without discrimination.

)eserves against deposit substitutes, if imposed, shall be determined in the same manner asprovided for reserve requirements against regular bank deposits, with respect to the imposition,increase, and computation of reserves.

The onetary !oard may eempt from reserve requirements deposits and depositsubstitutes with remaining maturities of two $+' years or more, as well as interbank borrowings.

Since the requirement to maintain bank reserves is imposed primarily to control the volumeof money, the !angko Sentral shall not pay interest on the reserves maintained with it unless theonetary !oard decides otherwise as warranted by circumstances.

Se!"o# )5.Definition of Deposit Substitutes.- The term Cdeposit substitutesC is defined asan alternative form of obtaining funds from the public, other than deposits, through the issuance,endorsement, or acceptance of debt instruments for the borrower;s own account, for the purpose ofrelending or purchasing of receivables and other obligations. These instruments may include, butneed not be limited to, bankers acceptances, promissory notes, participations, certificates ofassignment and similar instruments with recourse, and repurchase agreements. The onetary!oard shall determine what specific instruments shall be considered as deposit substitutes for thepurposes of Section


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substitutes, which each bank and>or quasi-bank may maintain, and such ratio shall be applieduniformly to all banks of the same category as well as to quasi-banks.

Se!"o# )7.Re$uired Reserves %gainst ,oreign Currency Deposits.- The onetary !oard issimilarly authoried to prescribe and modify the minimum reserve ratios applicable to depositsdenominated in foreign currencies.

Se!"o# )(.Reserves %gainst 0nused Balances of Overdraft /ines.- In order to facilitate!angko Sentral control over the volume of bank credit, the onetary !oard may establish minimumreserve requirements for unused balances of overdraft lines.

The powers of the onetary !oard to prescribe and modify reserve requirements againstunused balances of overdraft lines shall be the same as its powers with respect to reserverequirements against demand deposits.

Se!"o# )).)ncrease in Reserve Re$uirements.- 4henever in the opinion of the onetary!oard it becomes necessary to increase reserve requirements against eisting liabilities, theincrease shall be made in a gradual manner and shall not eceed four percentage points in any

thirty-day period. !anks and other affected financial institutions shall be notified reasonably inadvance of the date on which such increase is to become effective.

Se!"o# $**.Computation on Reserves.- The reserve position of each bank or quasi-bankshall be calculated daily on the basis of the amount, at the close of business for the day, of theinstitution;s reserves and the amount of its liability accounts against which reserves are required tobe maintained2 "rovided, That with reference to holidays or non-banking days, the reserve positionas calculated at the close of the business day immediately preceding such holidays and non-bankingdays shall apply on such days.

#or the purpose of computing the reserve position of each bank or quasi-bank, its p

ii. the new central bank act (ra 7653)

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