This document summarizes key aspects of the "New Central Bank Act" (Republic Act No. 7653), which established the Bangko Sentral ng Pilipinas (BSP) as the independent central monetary authority of the Philippines. It outlines the BSP's responsibilities, organizational structure, and powers. The BSP is governed by the Monetary Board, composed of 7 members including the Governor. The Board is responsible for directing BSP operations and management. The Act aims to maintain the BSP as an accountable and autonomous body focused on maintaining price stability and monetary stability in the Philippines.
This document summarizes key aspects of the "New Central Bank Act" (Republic Act No. 7653), which established the Bangko Sentral ng Pilipinas (BSP) as the independent central monetary authority of the Philippines. It outlines the BSP's responsibilities, organizational structure, and powers. The BSP is governed by the Monetary Board, composed of 7 members including the Governor. The Board is responsible for directing BSP operations and management. The Act aims to maintain the BSP as an accountable and autonomous body focused on maintaining price stability and monetary stability in the Philippines.
This document summarizes key aspects of the "New Central Bank Act" (Republic Act No. 7653), which established the Bangko Sentral ng Pilipinas (BSP) as the independent central monetary authority of the Philippines. It outlines the BSP's responsibilities, organizational structure, and powers. The BSP is governed by the Monetary Board, composed of 7 members including the Governor. The Board is responsible for directing BSP operations and management. The Act aims to maintain the BSP as an accountable and autonomous body focused on maintaining price stability and monetary stability in the Philippines.
This document summarizes key aspects of the "New Central Bank Act" (Republic Act No. 7653), which established the Bangko Sentral ng Pilipinas (BSP) as the independent central monetary authority of the Philippines. It outlines the BSP's responsibilities, organizational structure, and powers. The BSP is governed by the Monetary Board, composed of 7 members including the Governor. The Board is responsible for directing BSP operations and management. The Act aims to maintain the BSP as an accountable and autonomous body focused on maintaining price stability and monetary stability in the Philippines.
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REPUBLIC ACT NO.
7653 OR “THE NEW CENTRAL BANK ACT”
“The New Central Bank Act” is an amendment by the R.A. No. 11211, also known as “An Act Amending the New Central Bank Act” and which became effective on March 01, 2019. This seeks to strengthen the Bangko Sentral ng Pilipinas (BSP) by expanding its regulatory power. CHAPTER I: ESTABLISHMENT AND ORGANIZATION OF THE BANGKO SENTRAL NG PILIPINAS
ARTICLE I. CREATION, RESPONSIBILITIES AND CORPORATE POWERS OF THE
BANGKO SENTRAL SECTION 1. Declaration of Policy The State shall maintain a central monetary authority that shall function and operate as an independent and accountable body corporate in the discharge of its mandated responsibilities concerning money, banking and credit. While being a government owned corporation, it shall enjoy fiscal and administrative autonomy SECTION 2. Creation of the Bangko Sentral There is hereby established an independent central monetary authority, which shall be a body corporate known as the Bangko Sentral ng Pilipinas. 50 billion pesos- required capital of BSP to be fully subscribed by the Government of the Republic - 10 billion pesos of which: be fully paid for by the Government upon the effectivity of this Act - The balance: to be paid for within a period of 2 years from the effectivity of this Act SECTION 3. Responsibility and Primary Objective Primary objective of the Bangko Sentral: to maintain price stability conducive to a balanced and sustainable growth of the economy The Bangko Sentral shall: 1. provide policy directions in the areas of money, banking, and credit 2. have supervision over the operations of banks and exercise such regulatory powers over the operations of finance companies and non-bank financial institutions performing quasi-banking functions 3. promote and maintain monetary stability and the convertibility of the peso SECTION 4. Place of Business. Principal place of business: Metro Manila May maintain branches, agencies and correspondents in such other places as the proper conduct of its business may require SECTION 5. Corporate Powers BSP is hereby authorized to: 1. adopt, alter, and use a corporate seal which shall be judicially noticed 2. enter into contracts 3. lease or own real and personal property, and to sell or otherwise dispose of the same 4. sue and be sued 5. do and perform any and all things that may be necessary or proper to carry out the purposes of this Act The BSP - may acquire and hold such assets and incur such liabilities in connection with its operations authorized by the provisions of this Act - may compromise, condone or release, in whole or in part, any claim of or settled liability to the BSP, regardless of the amount involved, under such terms and conditions as may be prescribed by the Monetary Board to protect the interests of the Bangko Sentral.
ARTICLE II. THE MONETARY BOARD
SECTION 6. Composition of the Monetary Board The powers and functions of the BSP shall be exercised by the Bangko Sentral Monetary Board composed of 7 members appointed by the President of the Philippines for a term of 6 years. The 7 members are: (a) The Governor of the Bangko Sentral - Chairman of the Monetary Board - head of a department and his appointment shall be subject to confirmation by the Commission on Appointments - alternate when unable to attend a meeting of the Board: Deputy Governor in such event, the Board shall designate one of its members as acting Chairman (b) A member of the Cabinet designated by the President of the Philippines - alternate when unable to attend a meeting of the Board: his designated Undersecretary in his Department (c) Five members who shall come from the private sector - all shall serve full-time - the members first appointed under the provisions of this subsection, three shall have a term of six years, and the other two, three years. No member of the Monetary Board may be reappointed more than once. SECTION 7. Vacancies Any vacancy in the Monetary Board created by the death, resignation, or removal of any member shall be filled by the appointment of a new member to complete the unexpired period of the term of the member concerned. SECTION 8. Qualifications The members of the Monetary Board must be 1. natural-born citizens of the Philippines 2. at least 35 years of age (with the exception of the Governor who should at least be 40 years of age) 3. of good moral character, unquestionable integrity, known probity and patriotism 4. with recognized competence in social and economic disciplines SECTION 9. Disqualifications Disqualifications imposed under Republic Act No. 6713 or the “Code of Conduct and Ethical Standards for Public Officials and Employees” Monetary Board member is disqualified from being a director, officer, employee, consultant, lawyer, agent or stockholder of any bank, quasi-bank or any other institution which is subject to supervision or examination by the BSP o such member shall resign from, and divest himself of any and all interests in such institution before assumption of office as member of the Monetary Board Monetary Board members coming from the private sector shall not hold any other public office or public employment during their tenure. No person shall be a member of the Monetary Board if : a. he has been connected directly with any multilateral banking or financial institution b. has a substantial interest in any private bank in the Philippines within one year prior to his appointment No member of the Monetary Board shall be employed in any such institution within two years after the expiration of his term except when he serves as an official representative of the Philippine Government to such institution. SECTION 10. Removal The President may remove any member of the Monetary Board for any of the following reasons: (a) If he is subsequently disqualified under the provisions of Section 8 of this Act (b) If he is physically or mentally incapacitated that he cannot properly discharge his duties and responsibilities and such incapacity has lasted for more than six (6) months (c) If he is guilty of acts or operations which are of fraudulent or illegal character or which are manifestly opposed to the aims and interests of BSP (d) If he no longer possesses the qualifications specified in Section 8 of this Act SECTION 11. Meetings The Monetary Board - shall meet at least once a week - may be called to a meeting by the Governor of BSP or by 2 other members of the Board - all decisions of the Board shall require the concurrence of at least four (4) members, unless otherwise provided in this Act The presence of 4 members shall constitute a quorum, the Governor or his duly designated alternate shall be among the four BSP shall maintain and preserve a complete record of the proceedings and deliberations of the Monetary Board, including the tapes and transcripts of the stenographic notes, either in their original form or in microfilm. SECTION 12. Attendance of the Deputy Governors Deputy Governors - may attend the meetings of the Monetary Board with the right to be heard SECTION 13. Salary Salary of the Governor and the Monetary Board Members from private sector: - fixed by the President of the Philippines at a sum commensurate to the importance and responsibility attached to the position SECTION 14. Withdrawal of Persons Having a Personal Interest In addition to the requirements of R.A. No. 6713, or the “Code of Conduct and Ethical Standards for Public Officials and Employees,” any Monetary Board member with personal or pecuniary interest in any matter in the agenda of the Board shall disclose his interest to the Board and shall retire from the meeting when the matter is taken up. The decision taken on the matter shall be made public and the minutes shall reflect the disclosure made and the retirement of the member concerned from the meeting. SECTION 15. Exercise of Authority The Monetary Board shall: a) issue necessary rules and regulations - it shall be reported to the President and the Congress within 15 days from the date of issuance b) direct the management, operations, and administration of the Bangko Sentral, reorganize its personnel, and issue such rules and regulations as it may deem necessary - the legal units of BSP shall be under the exclusive supervision and control of the Monetary Board c) establish a human resource management system - shall govern the selection, hiring, appointment, transfer, promotion, or dismissal of all personnel - shall aim to establish professionalism and excellence at all levels of BSP - As an integral component, human resource development program shall institute a compensation structure based on job evaluation studies and wage surveys and subject to the Board's approval o It shall conform as closely as possible with the principles provided for under Republic Act No. 6758(“Compensation and Position Classification Act of 1989”) o Compensation and wage structure of employees whose positions fall under salary grade 19 and below shall be in accordance with the rates prescribed under R.A. No. 6758 o On the recommendation of the Governor, appoint, fix the remunerations and other emoluments, and remove personnel of the Bangko Sentral The Board shall have exclusive and final authority to promote, transfer, assign, or reassign personnel of the BSP and these personnel actions are deemed made in the interest of the service and not disciplinary The Board may delegate such authority to the Governor under such guidelines as it may determine d) adopt an annual budget for and authorize such expenditures by the BSP as are in the interest of the effective administration and operations of the BSP e) indemnify its members and other officials of the BSP, including personnel of the departments performing supervision and examination functions against all costs and expenses reasonably incurred by such persons f) 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 of his functions or duties, UNLESS he is finally adjudged in such action or proceeding to be liable for negligence or misconduct.
In the event of a settlement or compromise, indemnification shall be provided only if such
matters covered by the settlement as to which the BSP is advised by external counsel that the person to be indemnified did not commit any negligence or misconduct. o Cost and expenses incurred may be paid by the BSP in advance of the final disposition upon receipt of an undertaking by or on behalf of the member, officer, or employee to repay the amount advanced should it ultimately be determined by the Monetary Board that he is not entitled to be indemnified as provided in this subsection. SECTION 16. Responsibility Acts where members of the Monetary Board, officials, examiners, and employees of BSP shall be held liable for any loss or injury suffered by BSP or other banking institutions: 1. Violation of this Act 2. Negligence, abuse, malfeasance, misfeasance or failure to exercise extraordinary diligence in the performance of his duties 3. Disclosure of any information of: a. A confidential nature b. The discussions or resolutions of the Monetary Board c. The confidential operations of the Bangko Sentral, unless o the disclosure is in connection with the performance of official functions with BSP o with prior authorization of the Monetary Board or the Governor 4. The use of such information for personal gain or to the detriment of the Government, the Bangko Sentral or third parties provided, however, that any data or information required to be submitted to the President and/or the Congress, or to be published under the provisions of this Act shall not be considered confidential.
ARTICLE III. THE GOVERNOR AND DEPUTY GOVERNORS OF THE BANGKO
SENTRAL SECTION 17. Powers and Duties of the Governor Governor- chief executive officer of the Bangko Sentral - principal representative of BSP and the Monetary Board (Sec. 18) Powers and duties of the Governor: a. Prepare the agenda for the meetings of the Monetary Board and to submit for the consideration of the Board the policies and measures necessary to carry out the purposes and provisions of this Act b. Execute and administer the policies and measures approved by the Monetary Board c. Direct and supervise the operations and internal administration of BSP o may delegate certain of his administrative responsibilities to other officers or may assign specific tasks or responsibilities to any fulltime member of the Board without additional remuneration or allowance whenever he may deem fit or subject to such rules and regulations as the Monetary Board may prescribe d. Appoint and fix the remunerations and other emoluments of personnel below the rank of a department head in accordance with the position and compensation plans approved by the Board and to impose disciplinary measures upon personnel of BSP, subject to the provisions of Section 15(c) of this Act: o Removal of personnel shall be with the approval of the Monetary Board e. Render opinions, decisions, or rulings, which shall be final and executory until reversed or modified by the Board regarding: o application or enforcement of laws pertaining to institutions supervised by BSP o laws pertaining to quasi-banks o regulations, policies or instructions issued by the Monetary Board, and the implementation thereof f. Exercise such other powers as may be vested in him by the Board SECTION 18. Representation of the Monetary Board and the Bangko Sentral The Governor shall be empowered to: a) represent the Monetary Board and the Bangko Sentral in all dealings with other offices, agencies and instrumentalities of the Government and all other persons or entities, public or private, whether domestic, foreign or international b) sign contracts entered into by the BSP, notes and securities issued by the BSP, all reports, balance sheets, profit and loss statements, correspondence and other documents of BSP o The signature of the Governor may be in facsimile whenever appropriate. c) represent the BSP, either personally or through counsel, including private counsel, as may be authorized by the Monetary Board, in any legal proceedings, action or specialized legal studies; and d) delegate his power to represent the BSP, as provided in subsections (a), (b) and (c) of this section, to other officers upon his own responsibility o In order to preserve the integrity and the prestige of his office, the Governor may choose not to participate in preliminary discussions with any multilateral banking or financial institution on any negotiations for the Government within or outside the Philippines o During the negotiations, he may instead be represented by a permanent negotiator.
SECTION 19. Authority of the Governor in Emergencies
In case of emergencies where time is insufficient to call a meeting of the Monetary Board, Governor of BSP, with the concurrence of 2 other members of the Board, may decide any matter or take any action within the authority of the Board o The Governor shall submit a report to the President and Congress within 72 hours after the action has been taken. o At the soonest possible time, the Governor shall call a meeting of the Monetary Board to submit his action for ratification. SECTION 20. Outside Interests of the Governor and the Fulltime Members of the Board The Governor of the Bangko Sentral and the full-time members of the Board - shall limit their professional activities to those pertaining directly to their positions with the Bangko Sentral. - may not accept any other employment, whether public or private, remunerated or ad honorem, except 1. Of the positions in eleemosynary, civic, cultural or religious organizations 2. By designation of the President, the Governor or the full-time member is tasked to represent the interest of the Government or other government agencies in matters connected with or affecting the economy or the financial system of the country SECTION 21. Deputy Governors Deputy Governors - shall not be more than 3 in number - appointed by the Governor of BSP, with the approval of the Monetary Board - shall perform duties as may be assigned to them by the Governor and the Board - in the absence of the Governor, shall act as chief executive of BSP and shall exercise the powers and perform the duties of the Governor - whenever the Governor is unable to attend meetings of government boards or councils in which he is an ex officio member pursuant to provisions of special laws, a Deputy Governor shall be vested with authority to participate and exercise the right to vote in such meetings
Holy Child Catholic School Vs Hon. Patricia Sto. Tomas, in Her Official Capacity As Secretary of The Department of Labor and Employment, and Pinag-Isang Tinig at Lakas NG Anakpawis