Banking Laws Course Syllabus

BANKING LAWS Course Syllabus
A. General Banking Law of 2000 (R.A. 8791)
Cases:
a. Simex International v. Court of Appeals, 183 SCRA 360, 366-367 (1990)

b. Consolidated Bank and Trust Corporation v. Court of Appeals, G.R. No. 138569,
September 11, 2003, 410 SCRA 562, 574-575
c. Metropolitan Bank and Trust Company vs. Cabilzo, G.R. No. 154469, December 6,
2006.
d. Philippine Banking Corporation vs. Court of Appeals, G.R. No. 127469, Janu-ary
15, 2004.
e. Serrano vs. Central Bank, G.R. No. L-30511, February 14, 1980, 96 SCRA 96.
3. Classification of banks
4. Distinction of banks from quasi-banks and trust entities
5. Diligence required of banks
6. Authority of the Bangko Sentral ng Pilipinas
7. Organization, Management and Administration of Banks, Quasi-Banks and Trust

Entities
8. Bank powers and liabilities
a) Operations of Universal Banks
b) Operations of Commercial Banks
9. Nature of bank funds and bank deposits
a) Kinds of Deposit
a.1) Demand deposits
- Drawing against uncollected deposits (DAUD)
- Current accounts of bank officers
a.2) Savings deposit
a.3) Negotiable Order of Withdrawal (NOW) Account
a.4) Time deposits
a.5) Deposit Substitute Operations
a.6) Foreign Currency Deposits
a.7) Anonymous and Numbered Accounts
Cases:
a. Central Bank of the Philippines vs. Morfe, 63 SCRA 114, 119
b. Bank of the Philippine Islands vs. Court of Appeals, G.R. No. 104612, May 10, 1994
c. The Consolidated Bank and Trust Corporation vs. Court of Appeals, G.R. No.
138569, September 11, 2003.
d. BPI Family Bank vs. Franco G.R. No. 123498, November 23, 2007.
e. Bank of the Philippine Islands vs. Casa Montessori Internationale, G.R. No. 149454,
May 28, 2004.
b) Minors and Corporations as Depositors
c) Matured Time Deposits
d) Risk-based capital
10. Grant of loans and security requirements
Cases:
a. GC Dalton Industries, Inc., v. Equitable PCI Bank, G.R. No. 171169, August 24, 2009
b. Equitable PCI Bank vs. Ng Sheurig Ngor, G.R. No. 171545, December 19, 2007
c. Floirendo vs. Metropolitan Bank and Trust Co., G.R. No. 148325, September 3,
2007.
11. Other provisions
a) Major investments
b) Ceiling on investments in certain assets
c) Acquisition of real estate
d) Other banking services
e) Unsafe or unsound banking practices
f) Prohibition on dividend declaration
12. Penalties for violations
a) Fine, imprisonment
b) Suspension or removal of director or officer
c) Dissolution of bank
B. The New Central Bank Act (R.A. 7653)
1. State policies
2. Creation of the Bangko Sentral ng Pilipinas (BSP)
3. Responsibility and primary objective

4. Monetary board - powers and functions
5. How the BSP handles banks in distress
a) Conservatorship
b) Closure
b.1 Close Now, Hear Later
Cases:
1. Rural Bank of San Miguel v. Monetary Board, G.R. No. 150886, February 16, 2007
2. Banco Filipino Savings and Mortgage Bank v. Ybanez, G.R. No. 148163, December
6, 2004
c) Receivership
d) Liquidation
6. Legal Tender
7. How the BSP handles exchange crisis
C. Law on Secrecy of Bank Deposits (R.A. 1405, as amended)
1. Purpose
2. Prohibited acts
3. Deposits covered
Cases:
Ejercito v. Sandiganbayan, G.R. Nos. 157294-95, November 30, 2006
4. Exceptions
5. Garnishment of deposits, including foreign deposits
6. Penalties for violation
D. Philippine Deposit Insurance Corporation Act
1. Basic policy
2. Concept of insured deposits
3. Liability to depositors
a) Deposit liabilities required to be insured with PDIC
b) Commencement of liability
c) Deposit accounts not entitled to payment
d) Extent of liability
e) Determination of insured deposits
f) Calculation of liability
(i) Per depositor, per capacity rule
(ii) Joint accounts
(iii) Mode of payment
(iv) Effect of payment of insured deposit
(v) Payments of insured deposits as preferred credit under Art. 2244, Civil
Code
(vi) Failure to settle claim of insured depositor
(vii) Failure of depositor to claim insured deposits
(a) Examination of banks and deposit accounts
(b) Prohibition against splitting of deposits
(c) Prohibition against issuances of TROs, etc.
E. Truth in Lending Act (R.A. 3765)
1. Purpose
2. Obligation of creditors to person to whom credit is extended
3. Covered and excluded transactions
4. Consequences of non-compliance with obligation
Cases:
1. Development Bank of the Philippines v. Felipe Arcilla, G.R. No. 161397, 161426,
June 30, 2005
2. United Coconut Planters Bank v. Sps. Beluso, G.R. No. 159912, August 17, 2007

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BANKING LAWS Course Syllabus

A. General Banking Law of 2000 (R.A. 8791)

a. Simex International v. Court of Appeals, 183 SCRA 360, 366-367 (1990)

4. Distinction of banks from quasi-banks and trust entities

5. Diligence required of banks

6. Authority of the Bangko Sentral ng Pilipinas

7. Organization, Management and Administration of Banks, Quasi-Banks and Trust

8. Bank powers and liabilities

a) Operations of Universal Banks

b) Operations of Commercial Banks

9. Nature of bank funds and bank deposits

a.1) Demand deposits

- Drawing against uncollected deposits (DAUD)

- Current accounts of bank officers

a.2) Savings deposit

a.3) Negotiable Order of Withdrawal (NOW) Account

a.4) Time deposits

a.5) Deposit Substitute Operations

a.6) Foreign Currency Deposits

a.7) Anonymous and Numbered Accounts

a. Central Bank of the Philippines vs. Morfe, 63 SCRA 114, 119

b) Minors and Corporations as Depositors

c) Matured Time Deposits

10. Grant of loans and security requirements

11. Other provisions

b) Ceiling on investments in certain assets

c) Acquisition of real estate

d) Other banking services

e) Unsafe or unsound banking practices

f) Prohibition on dividend declaration

12. Penalties for violations

b) Suspension or removal of director or officer

B. The New Central Bank Act (R.A. 7653)

2. Creation of the Bangko Sentral ng Pilipinas (BSP)

3. Responsibility and primary objective

5. How the BSP handles banks in distress

b.1 Close Now, Hear Later

7. How the BSP handles exchange crisis

C. Law on Secrecy of Bank Deposits (R.A. 1405, as amended)

Ejercito v. Sandiganbayan, G.R. Nos. 157294-95, November 30, 2006

5. Garnishment of deposits, including foreign deposits

6. Penalties for violation

D. Philippine Deposit Insurance Corporation Act

2. Concept of insured deposits

a) Deposit liabilities required to be insured with PDIC

e) Determination of insured deposits

(i) Per depositor, per capacity rule

(ii) Joint accounts

(iii) Mode of payment

(iv) Effect of payment of insured deposit

(vi) Failure to settle claim of insured depositor

(vii) Failure of depositor to claim insured deposits

(a) Examination of banks and deposit accounts

(b) Prohibition against splitting of deposits

(c) Prohibition against issuances of TROs, etc.

E. Truth in Lending Act (R.A. 3765)

2. Obligation of creditors to person to whom credit is extended

3. Covered and excluded transactions

4. Consequences of non-compliance with obligation