A. General Banking Law of 2000 (R.A. 8791)
1.
State Policy
2.
Banks, Defined
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, January 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
a) Organization
b) Stockholdings
c) Fit and proper rule
d) Limitation on
compensation and benefits of directors and officers
e) Prohibition on
public officials
f) Branches
g) Banking days
h) Rule on strikes and
lockouts
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.
f.
Bank of the Philippine
Islands vs. Court of Appeals, G.R. No. 104612, May 10, 1994.
g.
BPI vs. Roxas, G.R. No.
157833, October 15, 2007
h. Associated Bank vs. Tan, G.R. No. 156940, December
14, 2004, 446 SCRA 282
i.
Banco de Oro Savings and
Mortgage Bank vs. Equitable Banking Corp., G.R. No. L-74917, January 20,1988
j.
Bank Of The Philippine Islands Vs. Court Of Appeals, G.R. No. 136202, January
25, 2007
k.
Philippine Commercial
International Bank vs. Court of Appeals, G.R. No. 121413, January 29, 2001
b)
Minors and Corporations as Depositors
c)
Matured Time Deposits
d)
Risk-based capital
10. Grant of loans and security requirements
a) Ratio of net worth
to total risk assets
b) Single borrower’s
limit
c) Restrictions on bank
exposure to DOSRI (directors, officers, stockholders and their related
interests)
e)
Loans against Real Estate
f)
Loans against chattels and other intangible properties
g)
Loan purposes and grant
h)
Unsecured loans
i)
Other security requirements
j)
Amortization on loans
k)
Prepayment of loans
l)
Foreclosure of real estate mortgage
m)
Renewal or extension of loans and other credit accommodations
n)
Provisions for losses and write-offs
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.
d. Trade & Investment Development
Corporation of the Philippines vs. Roblett Industrial Construction Corporation,
G.R. No. 139290, May 19,
2006
e. New Sampaguita Builders
Construction vs. Philippine National Bank, G.R. No. 148753, July 30, 2004
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”
Case:
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
a) Legal tender power
7. How the BSP handles
exchange crisis
a)
Domestic monetary instability
b) Abnormal movements
in the monetary aggregates, credit or price level
c) Foreign Exchange
d) Liquidity problems
of banks
C. Law on Secrecy of Bank Deposits (R.A.
1405, as amended)
1. Purpose
2. Prohibited acts
3. Deposits covered
Cases:
1. 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)
A. Purpose
B. Obligation of creditors to person to whom
credit is extended
C. Covered and excluded transactions
D. 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
