June 14, 1993

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
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. In line with
this policy, and considering its unique functions and responsibilities, the
central monetary authority established under this Act, while being a
government-owned corporation, 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, hereafter referred
to as the Bangko Sentral.
The capital of the Bangko Sentral shall be Fifty billion pesos
(P50,000,000,000), to be fully subscribed by the Government of the
Republic, hereafter referred to as the Government, Ten billion pesos
(P10,000,000,000) of which shall be fully paid for by the Government upon
the effectivity of this Act and the balance to be paid for within a period of
two (2) years from the effectivity of this Act in such manner and form as the
Government, through the Secretary of Finance and Secretary of Budget and
Management, may thereafter determine.
SECTION 3. Responsibility and Primary Objective. — The Bangko
Sentral shall provide policy directions in the areas of money, banking, and
credit. It shall have supervision over the operations of banks and exercise
such regulatory powers as provided in this Act and other pertinent laws over
the operations of finance companies and non-bank financial institutions
performing quasi-banking functions, hereafter referred to as quasi-banks,
and institutions performing similar functions.
The primary objective of the Bangko Sentral is to maintain price ability
conducive to a balanced and sustainable growth of the economy. It shall also
promote and maintain monetary stability and the convertibility of the peso.
SECTION 4. Place of Business. — The Bangko Sentral shall have its
principal place of business in Metro Manila, but may maintain branches,
agencies and correspondents in such other places as the proper conduct of
its business may require.
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 SECTION 5. Corporate Powers . — The Bangko Sentral is hereby
authorized to adopt, alter, and use a corporate seal which shall be judicially
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; and
otherwise to do and perform any and all things that may be necessary or
proper to carry out the purposes of this Act. cdtai

The Bangko Sentral may acquire and hold such assets and incur such
liabilities in connection with its operations authorized by the provisions of
this Act, or as are essential to the proper conduct of such operations.
The Bangko Sentral may compromise, condone or release, in whole or
in part, any claim of or settled liability to the Bangko Sentral , 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 Bangko Sentral shall be exercised by the Bangko Sentral
Monetary Board, hereafter referred to as the Monetary Board, composed of
seven (7) members appointed by the President of the Philippines for a term
of six (6) years.
The seven (7) members are:

(a) the Governor of the Bangko Sentral , who shall be the

Chairman of the Monetary Board. The Governor of the
Bangko Sentral shall be head of a department and his
appointment shall be subject to confirmation by the
Commission on Appointments. Whenever the Governor is
unable to attend a meeting of the Board, he shall designate a
Deputy Governor to act as his alternate: Provided, That in
such event, the Monetary Board shall designate one of its
members as acting Chairman;
(b) a member of the Cabinet to be designated by the President
of the Philippines. Whenever the designated Cabinet Member
is unable to attend a meeting of the Board, he shall
designate an Undersecretary in his Department to attend as
his alternate; and
(c) five (5) members who shall come from the private sector, all
of whom shall serve full-time: Provided, however, That of the
members first appointed under the provisions of this
subsection, three (3) shall have a term of six (6) years, and
the other two (2), three (3) years.
No member of the Monetary Board may be reappointed more than
once.
SECTION 7. Vacancies. — Any vacancy in the Monetary Board
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 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 natural-born citizens of the Philippines, at least thirty-five (35) years
of age, with the exception of the Governor who should at least be forty (40)
years of age, of good moral character, of unquestionable integrity, of known
probity and patriotism, and with recognized competence in social and
economic disciplines. cda

SECTION 9. Disqualifications. — In addition to the disqualifications

imposed by Republic Act No. 6713, a member of the Monetary Board 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 Bangko Sentral, in which case
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.
The members of the Monetary Board 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 he has been
connected directly with any multilateral banking or financial institution or
has a substantial interest in any private bank in the Philippines, within one
(1) year prior to his appointment; likewise, no member of the Monetary
Board shall be employed in any such institution within two (2) 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 the member is subsequently disqualified under the

provisions of Section 8 of this Act; or

(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; or

(c) If the member is guilty of acts or operations which are of

fraudulent or illegal character or which are manifestly
opposed to the aims and interests of the Bangko Sentral; or
(d) If the member no longer possesses the qualifications
specified in Section 8 of this Act.
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SECTION 11. Meetings. — The Monetary Board shall meet at least

once a week. The Board may be called to a meeting by the Governor of the
Bangko Sentral or by two (2) other members of the Board.
The presence of four (4) members shall constitute a quorum: Provided,
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 That in all cases the Governor or his duly designated alternate shall be
among the four (4).
Unless otherwise provided in this Act, all decisions of the Monetary
Board shall require the concurrence of at least four (4) members.
The Bangko Sentral 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. — The Deputy
Governors may attend the meetings of the Monetary Board with the right to
be heard.
SECTION 13. Salary. — The salary of the Governor and the members
of the Monetary Board from the private sector shall be 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 Republic Act No. 6713, any member of the
Monetary Board with personal or pecuniary interest in any matter in the
agenda of the Monetary 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. The minutes shall reflect the
disclosure made and the retirement of the member concerned from the
meeting. casia

SECTION 15. Exercise of Authority . — In the exercise of its

authority, the Monetary Board shall:

(a) issue rules and regulations it considers necessary for the

effective discharge of the responsibilities and exercise of the
powers vested upon the Monetary Board and the Bangko
Sentral. The rules and regulations issued shall be reported to
the President and the Congress within fifteen (15) days from
the date of their 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 or
convenient for this purpose. The legal units of the Bangko
Sentral shall be under the exclusive supervision and control
of the Monetary Board;

(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 to establish professionalism and excellence at all levels
of the Bangko Sentral in accordance with sound principles of
management.

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 A compensation structure, based on job evaluation
studies and wage surveys and subject to the Board's
approval, shall be instituted as an integral component of the
Bangko Sentral 's human resource development program:
Provided, That the Monetary Board shall make its own
system conform as closely as possible with the principles
provided for under Republic Act No. 6758: Provided, however,
That compensation and wage structure of employees whose
positions fall under salary grade 19 and below shall be in
accordance with the rates prescribed under Republic Act No.
6758. cd

On the recommendation of the Governor, appoint, fix

the remunerations and other emoluments, and remove
personnel of the Bangko Sentral , subject to pertinent civil
service laws: Provided, That the Monetary Board shall have
exclusive and final authority to promote, transfer, assign, or
reassign personnel of the Bangko Sentral and these
personnel actions are deemed made in the interest of the
service and not disciplinary: Provided, further, That the
Monetary 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 Bangko Sentral as are in the interest of
the effective administration and operations of the Bangko
Sentral in accordance with applicable laws and regulations;
and

(e) indemnify its members and other officials of the Bangko

Sentral, including personnel of the departments performing
supervision and examination functions against all costs and
expenses 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
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 in connection with
such matters covered by the settlement as to which the
Bangko Sentral is advised by external counsel that the
person to be indemnified did not commit any negligence or
misconduct.

The costs and expenses incurred in defending the

aforementioned action, suit or proceeding may be paid by
the Bangko Sentral in advance of the final disposition of such
action, suit or proceeding upon receipt of an undertaking by
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 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. cd i

SECTION 16. Responsibility. — Members of the Monetary Board,

officials, examiners, and employees of the Bangko Sentral who willfully
violate this Act or who are guilty of negligence, abuses or acts of
malfeasance or misfeasance or fail to exercise extraordinary diligence in the
performance of his duties shall be held liable for any loss or injury suffered
by the Bangko Sentral or other banking institutions as a result of such
violation, negligence, abuse, malfeasance, misfeasance or failure to exercise
extraordinary diligence.
Similar responsibility shall apply to members, officers, and employees
of the Bangko Sentral for: (1) the disclosure of any information of a
confidential nature, or any information on the discussions or resolutions of
the Monetary Board, or about the confidential operations of the Bangko
Sentral, unless the disclosure is in connection with the performance of
official functions with the Bangko Sentral, or is with prior authorization of the
Monetary Board or the Governor; or (2) 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. — The Governor
shall be the chief executive officer of the Bangko Sentral . His powers and
duties shall be to:
(a) prepare the agenda for the meetings of the Monetary Board
and to submit for the consideration of the Board the policies
and measures which he believes to be necessary to carry out
the purposes and provisions of this Act; cd i

(b) execute and administer the policies and measures approved

by the Monetary Board;
(c) direct and supervise the operations and internal
administration of the Bangko Sentral . The Governor may
delegate certain of his administrative responsibilities to other
officers or may assign specific tasks or responsibilities to any
full-time member of the Monetary 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
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 accordance with the position and compensation plans
approved by the Monetary Board, as well as to impose
disciplinary measures upon personnel of the Bangko Sentral ,
subject to the provisions of Section 15(c) of this Act:
Provided, That 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 Monetary
Board, on matters regarding application or enforcement of
laws pertaining to institutions supervised by the Bangko
Sentral and laws pertaining to quasi-banks, as well as
regulations, policies or instructions issued by the Monetary
Board, and the implementation thereof; and

(f) exercise such other powers as may be vested in him by the

Monetary Board.
SECTION 18. Representation of the Monetary Board and the Bangko
Sentral. — The Governor of the Bangko Sentral shall be the principal
representative of the Monetary Board and of the Bangko Sentral and, in such
capacity and in accordance with the instructions of the Monetary Board, he
shall be empowered to: casia

(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 Bangko Sentral , notes
and securities issued by the Bangko Sentral , all reports,
balance sheets, profit and loss statements, correspondence
and other documents of the Bangko Sentral.

The signature of the Governor may be in facsimile

whenever appropriate;

(c) represent the Bangko Sentral , 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 Bangko Sentral , as
provided in subsections (a), (b) and (c) of this section, to
other officers upon his own responsibility: Provided, however,
That in order to preserve the integrity and the prestige of his
office, the Governor of the Bangko Sentral 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. During the
negotiations, he may instead be represented by a permanent
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 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, the Governor of the Bangko Sentral , with the concurrence of two (2)
other members of the Monetary Board, may decide any matter or take any
action within the authority of the Board. cdt

The Governor shall submit a report to the President and Congress

within seventy-two (72) hours after the action has been taken.
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 Full-time
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 . Accordingly,
they may not accept any other employment, whether public or private,
remunerated or ad honorem, with the exception of positions in
eleemosynary, civic, cultural or religious organizations or whenever, 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. — The Governor of the Bangko
Sentral, with the approval of the Monetary Board, shall appoint not more
than three (3) Deputy Governors who shall perform duties as may be
assigned to them by the Governor and the Board.
In the absence of the Governor, a Deputy Governor designated by the
Governor shall act as chief executive of the Bangko Sentral 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 as may be designated by the Governor shall be vested
with authority to participate and exercise the right to vote in such meetings.
acd

ARTICLE IV
Operations of the Bangko Sentral
SECTION 22. Research and Statistics . — The Bangko Sentral shall
prepare data and conduct economic research for the guidance of the
Monetary Board in the formulation and implementation of its policies. Such
data shall include, among others, forecasts of the balance of payments of
the Philippines, statistics on the monthly movement of the monetary
aggregates and of prices and other statistical series and economic studies
useful for the formulation and analysis of monetary, banking, credit and
exchange policies.
SECTION 23. Authority to Obtain Data and Information. — The
Bangko Sentral shall have the authority to request from government offices
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 and instrumentalities, or government-owned or -controlled corporations, any
data which it may require for the proper discharge of its functions and
responsibilities. The Bangko Sentral through the Governor or in his absence,
a duly authorized representative 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 justifiable cause, or who refuse to supply
the bank with data requested or required, shall be subject to punishment for
contempt in accordance with the provisions of the Rules of Court.
Data on individual firms, other than banks, gathered by the
Department of Economic Research and other departments or units of the
Bangko Sentral shall not be made available to any person or entity outside
of the Bangko Sentral whether public or private except under order of the
court or under such conditions as may be prescribed by the Monetary Board:
Provided, however, That the collective data on firms may be released to
interested persons or entities: Provided, finally, That in the case of data on
banks, the provisions of Section 27 of this Act shall apply.
SECTION 24. Training of Technical Personnel . — The Bangko Sentral
shall promote and sponsor the training of technical personnel in the field of
money and banking. Toward this end, the Bangko Sentral is hereby
authorized to defray the costs of study, at home or abroad, of qualified
employees of the Bangko Sentral , of promising university graduates or of
any other qualified persons who shall be determined by proper competitive
examinations. The Monetary Board shall prescribe rules and regulations to
govern the training program of the Bangko Sentral.
SECTION 25. Supervision and Examination. — The Bangko Sentral
shall have supervision over, and conduct periodic or special examinations of,
banking institutions and quasi-banks, including their subsidiaries and
affiliates engaged in allied activities.
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For purposes of this section, a subsidiary means a corporation more

than fifty percent (50%) of the voting stock of which is owned by a bank or
quasi-bank and an affiliate means a corporation the voting stock of which, to
the extent of fifty percent (50%) or less, is owned by a bank or quasi-bank or
which is related or linked to such institution or intermediary through
common stockholders or such other factors as may be determined by the
Monetary Board.
The department heads and the examiners of the supervising and/or
examining departments are hereby authorized to administer oaths to any
director, officer, or employee of any institution under their respective
supervisions or subject to their examination and to compel the presentation
of all books, documents, papers or records necessary in their judgment to
ascertain the facts relative to the true condition of any institution as well as
the books and records of persons and entities relative to or in connection
with the operations, activities or transactions of the institution under
examination, subject to the provision of existing laws protecting or
safeguarding the secrecy or confidentiality of bank deposits as well as
investments of private persons, natural or juridical, in debt instruments
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 issued by the Government.
No restraining order or injunction shall be issued by the court enjoining
the Bangko Sentral from examining any institution subject to supervision or
examination by the Bangko Sentral, unless there is convincing proof that the
action of the Bangko Sentral is plainly arbitrary and made in bad faith and
the petitioner or plaintiff files with the clerk or judge of the court in which the
action is pending a bond executed in favor of the Bangko Sentral , in an
amount to be fixed by the court. The provisions of Rule 58 of the New Rules
of Court insofar as they are applicable and not inconsistent with the
provisions of this section shall govern the issuance and dissolution of the
restraining order or injunction contemplated in this section.
SECTION 26. Bank Deposits and Investments. — Any director, officer
or stockholder who, together with his related interest, contracts a loan or
any form of financial accommodation from: (1) his bank; or (2) from a bank
(a) which is a subsidiary of a bank holding company of which both his bank
and the lending bank are subsidiaries or (b) in which a controlling proportion
of the shares is owned by the same interest that owns a controlling
proportion of the shares of his bank, in excess of five percent (5%) of the
capital and surplus of the bank, or in the maximum amount permitted by
law, whichever is lower, shall be required by the lending bank to waive the
secrecy of his deposits of whatever nature in all banks in the Philippines. Any
information obtained from an examination of his deposits shall be held
strictly confidential and may be used by the examiners only in connection
with their supervisory and examination responsibility or by the Bangko
Sentral in an appropriate legal action it has initiated involving the deposit
account.
SECTION 27. Prohibitions. — In addition to the prohibitions found in
Republic Act Nos. 3019 and 6713, personnel of the Bangko Sentral are
hereby prohibited from:
(a) being an officer, director, lawyer or agent, employee,
consultant or stockholder, directly or indirectly, of any
institution subject to supervision or examination by the
Bangko Sentral , except non-stock savings and loan
associations and provident funds organized exclusively for
employees of the Bangko Sentral and except as otherwise
provided in this Act;
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(b) directly or indirectly requesting or receiving any gift,

present or pecuniary or material benefit for himself or
another, from any institution subject to supervision or
examination by the Bangko Sentral;
(c) revealing in any manner, except under orders of the court,
the Congress or any government office or agency authorized
by law, or under such conditions as may be prescribed by the
Monetary Board, information relating to the condition or
business of any such institution. This prohibition shall not be
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 held to apply to the giving of information to the Monetary
Board or the Governor of the Bangko Sentral , or to any
person authorized by either of them, in writing, to receive
such information; and
(d) borrowing from any institution subject to supervision or
examination by the Bangko Sentral shall be prohibited unless
said borrowings are adequately secured, fully disclosed to the
Monetary Board, and shall be subject to such further rules
and regulations as the Monetary Board may prescribe:
Provided, however, That personnel of the supervising and
examining departments are prohibited from borrowing from a
bank under their supervision or examination.
SECTION 28. Examination and Fees . — The supervising and
examining department head, personally or by deputy, shall examine the
books of every banking institution once in every twelve (12) months, and at
such other times as the Monetary Board by an affirmative vote of five (5)
members, may deem expedient and to make a report on the same to the
Monetary Board: Provided, That there shall be an interval of at least twelve
(12) months between annual examinations.
The bank concerned shall afford to the head of the appropriate
supervising and examining departments and to his authorized deputies full
opportunity to examine its books, cash and available assets and general
condition at any time during banking hours when requested to do so by the
Bangko Sentral : Provided, however, That none of the reports and other
papers relative to such examinations shall be open to inspection by the
public except insofar as such publicity is incidental to the proceedings
hereinafter authorized or is necessary for the prosecution of violations in
connection with the business of such institutions. cda

Banking and quasi-banking institutions which are subject to

examination by the Bangko Sentral shall pay to the Bangko Sentral , within
the first thirty (30) days of each year, an annual fee in an amount equal to a
percentage as may be prescribed by the Monetary Board of its average total
assets during the preceding years as shown on its end-of-month balance
sheets, after deducting cash on hand and amounts due from banks, including
the Bangko Sentral and banks abroad.
SECTION 29. Appointment of Conservator. — Whenever, on the
basis of a report submitted by the appropriate supervising or examining
department, the Monetary Board finds that a bank or a quasi-bank is in a
state of continuing inability or unwillingness to maintain a condition of
liquidity deemed adequate to protect the interest of depositors and
creditors, the Monetary Board may appoint a conservator with such powers
as the Monetary Board shall deem necessary to take charge of the assets,
liabilities, and the management thereof, reorganize the management, collect
all monies and debts due said institution, and exercise all powers necessary
to restore its viability. The conservator shall report and be responsible to the
Monetary Board and shall have the power to overrule or revoke the actions
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 of the previous management and board of directors of the bank or quasi-
bank. cd i

The conservator should be competent and knowledgeable in bank

operations and management. The conservatorship shall not exceed one (1)
year.
The conservator shall receive remuneration to be fixed by the
Monetary Board in an amount not to exceed two-thirds (2/3) of the salary of
the president of the institution in one (1) year, payable in twelve (12) equal
monthly payments: Provided, That, if at any time within the one-year period,
the conservatorship is terminated on the ground that the institution can
operate on its own, the conservator shall receive the balance of the
remuneration which he would have received up to the end of the year; but if
the conservatorship is terminated on other grounds, the conservator shall
not be entitled to such remaining balance. The Monetary Board may appoint
a conservator connected with the Bangko Sentral, in which case he shall not
be entitled to receive any remuneration or emoluments from the Bangko
Sentral during the conservatorship. The expenses attendant to the
conservatorship shall be borne by the bank or quasi-bank concerned.
The Monetary Board shall terminate the conservatorship when it is
satisfied that the institution can continue to operate on its own and the
conservatorship is no longer necessary. The conservatorship shall likewise
be terminated should the Monetary Board, on the basis of the report of the
conservator or of its own findings, determine that the continuance in
business of the institution would involve probable loss to its depositors or
creditors, in which case the provisions of Section 30 shall apply.
SECTION 30. Proceedings in Receivership and Liquidation. —
Whenever, upon report of the head of the supervising or examining
department, the Monetary Board finds that a bank or quasi-bank:
(a) is unable to pay its liabilities as they become due to the
ordinary course of business: Provided, That this shall not
include inability to pay caused by extraordinary demands
induced by financial panic in the banking community;

(b) has insufficient realizable assets, as determined by the

Bangko Sentral, to meet its liabilities; or
(c) cannot continue in business without involving probable
losses to its depositors or creditors; or

(d) has willfully violated a cease and desist order under Section
37 that has become final, involving acts or transactions which
amount to fraud or a dissipation of the assets of the
institution; in which cases, the Monetary Board may
summarily and without need for prior hearing forbid the
institution from doing business in the Philippines and
designate the Philippine Deposit Insurance Corporation as
receiver of the banking institution.
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 For a quasi-bank, any person of recognized competence in banking or
finance may be designed as receiver. cd i

The receiver shall immediately gather and take charge of all the assets
and liabilities of the institution, administer the same for the benefit of its
creditors, and exercise the general powers of a receiver under the Revised
Rules of Court but shall not, with the exception of administrative
expenditures, pay or commit any act that will involve the transfer or
disposition of any asset of the institution: Provided, 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
(90) days from take-over, whether the institution may be rehabilitated or
otherwise placed in such a condition so that it may be permitted to resume
business with safety to its depositors and creditors and the general public:
Provided, That any determination for the resumption of business of the
institution shall be subject to prior approval of the Monetary Board.
If the receiver determines that the institution cannot be rehabilitated
or permitted to resume business in accordance with the next preceding
paragraph, the Monetary Board shall notify in writing the board of directors
of its findings and direct the receiver to proceed with the liquidation of the
institution. The receiver shall:

(1) file ex parte with the proper regional trial court, and without
requirement of prior notice or any other action, a petition for
assistance in the liquidation of the institution pursuant to a
liquidation plan adopted by the Philippine Deposit Insurance
Corporation for general application to all closed banks. In
case of quasi-banks, the liquidation plan shall be adopted by
the Monetary Board. Upon acquiring jurisdiction, the court
shall, upon motion by the receiver after due notice,
adjudicate disputed claims against the institution, assist the
enforcement of individual liabilities of the stockholders,
directors and officers, and decide on other issues as may be
material to implement the liquidation plan adopted. The
receiver shall pay the cost of the proceedings from the assets
of the institution.
(2) convert the assets of the institution to money, dispose of
the same to creditors and other parties, for the purpose of
paying the debts of such institution in accordance with the
rules on concurrence and preference of credit under the Civil
Code of the Philippines and he may, in the name of the
institution, and with the assistance of counsel as he may
retain, institute such actions as may be necessary to collect
and recover accounts and assets of, or defend any action
against, the institution. The assets of an institution under
receivership or liquidation shall be deemed in custodia legis
in the hands of the receiver and shall, from the moment the
institution was placed under such receivership or liquidation,
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 be exempt from any order of garnishment, levy, attachment,
or execution.

The actions of the Monetary Board taken under this section or under
Section 29 of this Act shall be final and executory, and may not be restrained
or set aside by the court except on petition for certiorari on the ground that
the action taken was in excess of jurisdiction or with such grave abuse of
discretion as to amount to lack or excess of jurisdiction. The petition for
certiorari may only be filed by the stockholders of record representing the
majority of the capital stock within ten (10) days from receipt by the board of
directors of the institution of the order directing receivership, liquidation or
conservatorship. cd i

The designation of a conservator under Section 29 of this Act or the

appointment of a receiver under this section shall be vested exclusively with
the Monetary Board. Furthermore, the designation of a conservator is not a
precondition to the designation of a receiver.
SECTION 31. Distribution of Assets. — In case of liquidation of a
bank or quasi-bank, after payment of the cost of proceedings, including
reasonable expenses and fees of the receiver to be allowed by the court, the
receiver shall pay the debts of such institution, under order of the court, in
accordance with the rules on concurrence and preference of credit as
provided in the Civil Code.
SECTION 32. Disposition of Revenues and Earnings. — All revenues
and earnings realized by the receiver in winding up the affairs and
administering the assets of any bank or quasi-bank within the purview of this
Act shall be used to pay the costs, fees and expenses mentioned in the
preceding section, salaries of such personnel whose employment is rendered
necessary in the discharge of the liquidation together with other additional
expenses caused thereby. The balance of revenues and earnings, after the
payment of all said expenses, shall form part of the assets available for
payment to creditors.
SECTION 33. Disposition of Banking Franchise. — The Bangko
Sentral may, if public interest so requires, award to an institution, upon such
terms and conditions as the Monetary Board may approve, the banking
franchise of a bank under liquidation to operate in the area where said bank
or its branches were previously operating: Provided, That whatever proceeds
may be realized from such award shall be subject to the appropriate
exclusive disposition of the Monetary Board.
SECTION 34. Refusal to Make Reports or Permit Examination . — Any
officer, owner, agent, manager, director or officer-in-charge of any institution
subject to the supervision or examination by the Bangko Sentral within the
purview of this Act who, being required in writing by the Monetary Board or
by the head of the supervising and examining department willfully refuses to
file the required report or permit any lawful examination into the affairs of
such institution shall be punished by a fine of not less than Fifty thousand
pesos (P50,000) nor more than One hundred thousand pesos (P100,000) or
by imprisonment of not less than one (1) year nor more than five (5) years,
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 or both, in the discretion of the court.
SECTION 35. False Statement . — The willful making of a false or
misleading statement on a material fact to the Monetary Board or to the
examiners of the Bangko Sentral shall be punished by a fine of not less than
One hundred thousand pesos (P100,000) nor more than Two hundred
thousand pesos (P200,000), or by imprisonment of not more than five (5)
years, or both, at the discretion of the court. cd

SECTION 36. Proceedings Upon Violation of This Act and Other

Banking Laws, Rules, Regulations, Orders or Instructions . — Whenever a
bank or quasi-bank, or whenever any person or entity willfully violates this
Act or other pertinent banking laws being enforced or implemented by the
Bangko Sentral or any order, instruction, rule or regulation issued by the
Monetary Board, the person or persons responsible for such violation shall
unless otherwise provided in this Act be punished by a fine of not less than
Fifty thousand pesos (P50,000) nor more than Two hundred thousand pesos
(P200,000) or by imprisonment of not less than two (2) years nor more than
ten (10) years, or both, at the discretion of the court.
Whenever a bank or quasi-bank persists in carrying on its business in
an unlawful or unsafe manner, the Board may, without prejudice to the
penalties provided in the preceding paragraph of this section and the
administrative sanctions provided in Section 37 of this Act, take action under
Section 30 of this Act.
SECTION 37. Administrative Sanctions on Banks and Quasi-banks.
— Without prejudice to the criminal sanctions against the culpable persons
provided in Sections 34, 35, and 36 of this Act, the Monetary Board may, at
its discretion, impose upon any bank or quasi-bank, their directors and/or
officers, 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 examination into the affairs of the
institution; any willful making of a false or misleading statement to the Board
or the appropriate supervising and examining department or its examiners;
any willful failure or refusal to comply with, or violation of, any banking law
or any order, instruction or regulation issued by the Monetary Board, or any
order, instruction or ruling by the Governor; or any commission or
irregularities, and/or conducting business in an unsafe or unsound manner
as may be determined by the Monetary Board, the following administrative
sanctions, whenever applicable:

(a) fines in amounts as may be determined by the Monetary

Board to be appropriate, but in no case to exceed Thirty
thousand pesos (P30,000) a day for each violation, taking
into consideration the attendant circumstances, such as the
nature and gravity of the violation or irregularity and the size
of the bank or quasi-bank;

(b) suspension of rediscounting privileges or access to Bangko

Sentral credit facilities;
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 (c) suspension of lending or foreign exchange operations or
authority to accept new deposits or make new investments;

(d) suspension of interbank clearing privileges; and/or

(e) revocation of quasi-banking license.

Resignation or termination from office shall not exempt such director or

officer from administrative or criminal sanctions. cdtai

The Monetary Board may, whenever warranted by circumstances,

preventively suspend any director or officer of a bank or quasi-bank pending
an investigation: Provided, That should the case be not finally decided by the
Bangko Sentral within a period of one hundred twenty (120) days after the
date of suspension, said director or officer shall be reinstated in his position:
Provided, further, That when the delay in the disposition of the case is due to
the fault, negligence or petition of the director or officer, the period of delay
shall not be counted in computing the period of suspension herein provided.
The above administrative sanctions need not be applied in the order of
their severity.
Whether or not there is an administrative proceeding, if the institution
and/or the directors and/or officers concerned continue with or otherwise
persist in the commission of the indicated practice or violation, the Monetary
Board may issue an order requiring the institution and/or the directors 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 such practice or violation. The cease and desist
order shall be immediately effective upon service on the respondents.
The respondents shall be afforded an opportunity to defend their
action in a hearing before the Monetary Board or any committee chaired by
any Monetary Board member created for the purpose, upon request made by
the respondents within five (5) days from their receipt of the order. If no
such hearing is requested within said period, the order shall be final. If a
hearing is conducted, all issues shall be determined on the basis of records,
after which the Monetary Board may either reconsider or make final its
order.
The Governor is hereby authorized, at his discretion, to impose upon
banking institutions, for any failure to comply with the requirements of law,
Monetary Board regulations and policies, and/or instructions issued by the
Monetary Board or by the Governor, fines not in excess of Ten thousand
pesos (P10,000) a day for each violation, the imposition of which shall be
final and executory until reversed, modified or lifted by the Monetary Board
on appeal.
SECTION 38. Operating Departments of the Bangko Sentral. — The
Monetary Board shall, in accordance with its authority under this Act,
determine and provide for such operating departments and other offices,
including a public information office, of the Bangko Sentral as it deems
convenient for the proper and efficient conduct of the operations and the
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 accomplishment of the objectives of the Bangko Sentral . The functions and
duties of such operating departments and other offices shall be determined
by the Monetary Board. acd

ARTICLE V
Reports and Publications
SECTION 39. Reports and Publications. — The Bangko Sentral shall
publish a general balance sheet showing the volume and composition of its
assets and liabilities as of the last working day of the month within sixty (60)
days after the end of each month except for the month of December, which
shall be submitted within ninety (90) days after the end thereof.
The Monetary Board shall publish and submit the following reports to
the President and to the Congress:

(a) not later than ninety (90) days after the end of each
quarter, an analysis of economic and financial developments,
including the condition of net international reserves and
monetary aggregates;

(b) within ninety (90) days after the end of the year, the
preceding year's budget and profit and loss statement of the
Bangko Sentral showing in reasonable detail the result of its
operations;
(c) one hundred twenty (120) days after the end of each
semester, a review of the state of the financial system; and

(d) as soon as practicable, abnormal movements in monetary

aggregates and the general price level, and, not later than
seventy-two (72) hours after they are taken, remedial
measures in response to such abnormal movements.
SECTION 40. Annual Report . — Before the end of March of each
year, the Bangko Sentral shall publish and submit to the President and the
Congress an annual report on the condition of the Bangko Sentral including a
review of the policies and measures adopted by the Monetary Board during
the past year and an analysis of the economic and financial circumstances
which gave rise to said policies and measures.
The annual report shall also include a statement of the financial
condition of the Bangko Sentral and a statistical appendix which shall
present, as a minimum, the following data:
(a) the monthly movement of monetary aggregates and their
components;

(b) the monthly movement of purchases and sales of foreign

exchange and of the international reserves of the Bangko
Sentral;
(c) the balance of payments of the Philippines;
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 (d) monthly indices of consumer prices and of import and
export prices;

(e) the monthly movement, in summary form, of exports and

imports, by volume and value; aisa dc

(f) the monthly movement of the accounts of the Bangko

Sentral and of other banks;
(g) the principal data on government receipts and expenditures
and on the status of the public debt, both domestic and
foreign; and
(h) the texts of the major legal and administrative measures
adopted by the Government and the Monetary Board during
the year which relate to the functions or operations of the
Bangko Sentral or of the financial system.
The Bangko Sentral shall publish another version of the annual report
in terms understandable to the layman.
Failure to comply with the reportorial requirements pursuant to this
article without justifiable reason as may be determined by the Monetary
Board shall cause the withholding of the salary of the personnel concerned
until such requirements are complied with.
SECTION 41. Signatures on Statements. — The balance sheets and
other financial statements of the Bangko Sentral shall be signed by the
officers responsible for their preparation, by the Governor, and by the
auditor of the Bangko Sentral.
ARTICLE VI
Profits, Losses, and Special Accounts
SECTION 42. Fiscal Year . — The fiscal year of the Bangko Sentral
shall begin on January first and end on December thirty-first of each year.
SECTION 43. Computation of Profits and Losses. — Within the first
thirty (30) days following the end of each year, the Bangko Sentral shall
determine its net profits or losses. In the calculation of net profits, the
Bangko Sentral shall make adequate allowance or establish adequate
reserves for bad and doubtful accounts.
SECTION 44. Distribution of Net Profits. — Within the first sixty (60)
days following the end of each fiscal year, the Monetary Board shall
determine and carry out the distribution of the net profits, in accordance
with the following rule:
Fifty percent (50%) of the net profits shall be carried to surplus and the
remaining fifty percent (50%) shall revert back to the National
Treasury, except as otherwise provided in the transitory provisions of
this Act. cdasia

SECTION 45. Revaluation Profits and Losses. — Profits or losses

arising from any revaluation of the Bangko Sentral 's net assets or liabilities
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 in gold or foreign currencies with respect to the Philippine peso shall not be
included in the computation of the annual profits and losses of the Bangko
Sentral. Any profits or losses arising in this manner shall be offset by any
amounts which, as a consequence of such revaluations, are owed by the
Philippines to any international or regional intergovernmental financial
institution of which the Philippines is a member or are owed by these
institutions to the Philippines. Any remaining profit or loss shall be carried in
a special frozen account which shall be named "Revaluation of International
Reserve" and the net balance of which shall appear either among the
liabilities or among the assets of the Bangko Sentral , depending on whether
the revaluations have produced net profits or net losses.
The Revaluation of International Reserve account shall be neither
credited nor debited for any purposes other than those specifically
authorized in this section.
SECTION 46. Suspense Accounts. — Sections 43 and 43-A of
Republic Act No. 265, as amended, creating the Monetary Adjustment
Account (MAA) and the Exchange Stabilization Adjustment Account (ESAA),
respectively, are hereby repealed. Amounts outstanding as of the effective
date of this Act based on these accounts shall continue to be for the account
of the Central Bank and shall be governed by the transitory provisions of this
Act.
The Revaluation of International Reserve (RIR) account as of the
effective date of this Act of the Central Bank shall continue to be for the
account of the same entity and shall be governed by the provisions of
Section 44 of Republic Act No. 265, as amended, until otherwise provided for
in accordance with the transitory provisions of this Act.
ARTICLE VII
The Auditor
SECTION 47. Appointment and Personnel. — The Chairman of the
Commission on Audit shall act as the ex officio auditor of the Bangko Sentral
and, as such, he is empowered and authorized to appoint a representative
who shall be the auditor of the Bangko Sentral and, in accordance with law,
fix his salary, and to appoint and fix the salaries and number of personnel to
assist said representative in his work. The salaries and other emoluments
shall be paid by the Commission. The auditor of the Bangko Sentral and
personnel under him may be removed only by the Chairman of the
Commission.
The representative of the Chairman of the Commission must be a
certified public accountant with at least ten (10) years experience as such.
No relative of any member of the Monetary Board or the Chairman of the
Commission within the sixth degree of consanguinity or affinity shall be
appointed such representative. aisa dc

CHAPTER II
The Bangko Sentral and the Means of Payment
ARTICLE I
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 The Unit of Monetary Value
SECTION 48. The Peso . — The unit of monetary value in the
Philippines is the "peso," which is represented by the sign "P."
The peso is divided into one hundred (100) equal parts called
"centavos," which are represented by the sign "c."
ARTICLE II
Issue of Means of Payment
A. Currency
SECTION 49. Definition of Currency. — The word "currency" is
hereby defined, for purposes of this Act, as meaning all Philippine notes and
coins issued or circulating in accordance with the provisions of this Act.
SECTION 50. Exclusive Issue Power . — The Bangko Sentral shall
have the sole power and authority to issue currency, within the territory of
the Philippines. No other person or entity, public or private, may put into
circulation notes, coins or any other object or document which in the opinion
of the Monetary Board, might circulate as currency, nor reproduce or imitate
the facsimiles of Bangko Sentral notes without prior authority from the
Bangko Sentral.
The Monetary Board may issue such regulations as it may deem
advisable in order to prevent the circulation of foreign currency or of
currency substitutes as well as to prevent the reproduction of facsimiles of
Bangko Sentral notes.
T h e Bangko Sentral shall have the authority to investigate, make
arrests, conduct searches and seizures in accordance with law, for the
purpose of maintaining the integrity of the currency.
Violation of this provision or of any regulation issued by theBangko
Sentral pursuant thereto shall constitute an offense punishable by
imprisonment of not less than five (5) years but not more than ten (10)
years. In case the Revised Penal Code provides for a greater penalty, then
that penalty shall be imposed.
SECTION 51. Liability for Notes and Coins. — Notes and coins issued
by the Bangko Sentral shall be liabilities of the Bangko Sentral and may be
issued only against, and in amounts not exceeding, the assets of the Bangko
Sentral. Said notes and coins shall be a first and paramount lien on all assets
of the Bangko Sentral.
The Bangko Sentral 's holdings of its own notes and coins shall not be
considered as part of its currency issue and, accordingly, shall not form part
of the assets or liabilities of the Bangko Sentral. cd i

SECTION 52. Legal Tender Power . — All notes and coins issued by
t h e Bangko Sentral shall be fully guaranteed by the Government of the
Republic of the Philippines and shall be legal tender in the Philippines for all
debts, both public and private: Provided, however, That, unless otherwise
fixed by the Monetary Board, coins shall be legal tender in amounts not
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 exceeding Fifty pesos (P50.00) for denominations of Twenty-five centavos
and above, and in amounts not exceeding Twenty pesos (P20.00) for
denominations of Ten centavos or less.
SECTION 53. Characteristics of the Currency. — The Monetary
Board, with the approval of the President of the Philippines, shall prescribe
the denominations, dimensions, designs, inscriptions and other
characteristics of notes issued by the Bangko Sentral : Provided, however,
That said notes shall state that they are liabilities of the Bangko Sentral and
are fully guaranteed by the Government of the Republic of the Philippines.
Said notes shall bear the signatures, in facsimile, of the President of the
Philippines and of the Governor of the Bangko Sentral.
Similarly, the Monetary Board, with the approval of the President of the
Philippines, shall prescribe the weight, fineness, designs, denominations and
other characteristics of the coins issued by the Bangko Sentral . In the
minting of coins, the Monetary Board shall give full consideration to the
availability of suitable metals and to their relative prices and cost of minting.
SECTION 54. Printing of Notes and Minting of Coins. — The
Monetary Board shall prescribe the amounts of notes and coins to be printed
and minted, respectively, and the conditions to which the printing of notes
and the minting of coins shall be subject. The Monetary Board shall have the
authority to contract institutions, mints or firms for such operations.
All expenses incurred in the printing of notes and the minting of coins
shall be for the account of the Bangko Sentral.
SECTION 55. Interconvertibility of Currency. — The Bangko Sentral
shall exchange, on demand and without charge, Philippine currency of any
denomination for Philippine notes and coins of any other denomination
requested. If for any reason the Bangko Sentral is temporarily unable to
provide notes or coins of the denominations requested, it shall meet its
obligations by delivering notes and coins of the denominations which most
nearly approximate those requested.
SECTION 56. Replacement of Currency Unfit for Circulation. — The
Bangko Sentral shall withdraw from circulation and shall demonetize all
notes and coins which for any reason whatsoever are unfit for circulation and
shall replace them by adequate notes and coins: Provided, however, That the
Bangko 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 (2/5) of their surface or all of the
signatures inscribed thereon. Notes and coins in such mutilated conditions
shall be withdrawn from circulation and demonetized without compensation
to the bearer. casia

SECTION 57. Retirement of Old Notes and Coins. — The Bangko

Sentral may call in for replacement notes of any series or denomination
which are more than five (5) years old and coins which are more than ten
(10) years old.
Notes and coins called in for replacement in accordance with this
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 provision shall remain legal tender for a period of one (1) year from the date
of call. After this period, they shall cease to be legal tender but during the
following year, or for such longer period as the Monetary Board may
determine, they may be exchanged at par and without charge in the Bangko
Sentral and by agents duly authorized by the Bangko Sentral for this
purpose. After the expiration of this latter period, the notes and coins which
have not been exchanged shall cease to be a liability of the Bangko Sentral
and shall be demonetized. The Bangko Sentral shall also demonetize all
notes and coins, which have been called in and replaced.
B. Demand Deposits
SECTION 58. Definition. — For purposes of this Act, the term
"demand deposits" means all those liabilities of the Bangko Sentral and
other banks which are denominated in Philippine currency and are subject to
payment in legal tender upon demand by the presentation of checks.
SECTION 59. Issue of Demand Deposits. — Only banks duly
authorized to do so may accept funds or create liabilities payable in pesos
upon demand by the presentation of checks, and such operations shall be
subject to the control of the Monetary Board in accordance with the powers
granted it with respect thereto under this Act.
SECTION 60. Legal Character. — Checks representing demand
deposits do not have legal tender power and their acceptance in the
payment of debts, both public and private, is at the option of the creditor:
Provided, however, That a check which has been cleared and credited to the
account of the creditor shall be equivalent to a delivery to the creditor of
cash in an amount equal to the amount credited to his account.
CHAPTER III
Guiding Principles of Monetary Administration by the Bangko Sentral
ARTICLE I
Domestic Monetary Stabilization
SECTION 61. Guiding Principle. — The Monetary Board shall
endeavor to control any expansion or contraction in monetary aggregates
which is prejudicial to the attainment or maintenance of price stability.
SECTION 62. Power to Define Terms . — For purposes of this article
and of this Act, the Monetary Board shall formulate definitions of monetary
aggregates, credit and prices and shall make public such definitions and any
changes thereof.
SECTION 63. Action When Abnormal Movements Occur in the
Monetary Aggregates, Credit, or Price Level. — Whenever abnormal
movements in the monetary aggregates, in credit, or in prices endanger the
stability of the Philippine economy or important sectors thereof, the
Monetary Board shall:
(a) take such remedial measures as are appropriate and within
the powers granted to the Monetary Board and the Bangko
Sentral under the provisions of this Act; and
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 (b) submit to the President of the Philippines and the Congress,
and make public, a detailed report which shall include, as a
minimum, a description and analysis of:

(1) the causes of the rise or fall of the monetary

aggregates, of credit or of prices;
cd

(2) the extent to which the changes in the monetary

aggregates, in credit, or in prices have been reflected
in changes in the level of domestic output,
employment, wages and economic activity in general,
and the nature and significance of any such changes;
and

(3) the measures which the Monetary Board has taken

and the other monetary, fiscal or administrative
measures which it recommends to be adopted.
Whenever the monetary aggregates, or the level of credit, increases or
decreases by more than fifteen percent (15%), or the cost of living index
increases by more than ten percent (10%), in relation to the level existing at
the end of the corresponding month of the preceding year, or even though
any of these quantitative guidelines have not been reached when in its
judgment the circumstances so warrant, the Monetary Board shall submit
the reports mentioned in this section, and shall state therein whether, in the
opinion of the Board, said changes in the monetary aggregates, credit or
cost of living represent a threat to the stability of the Philippine economy or
of important sectors thereof.
The Monetary Board shall continue to submit periodic reports to the
President of the Philippines and to Congress until it considers that the
monetary, credit or price disturbances have disappeared or have been
adequately controlled.
ARTICLE II
International Monetary Stabilization
SECTION 64. International Monetary Stabilization. — The Bangko
Sentral shall exercise its powers 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,
current payments for foreign trade and invisibles.
SECTION 65. International Reserves . — In order to maintain the
international stability and convertibility of the Philippine peso, the Bangko
Sentral shall maintain international reserves adequate to meet any
foreseeable net demands on the Bangko Sentral for foreign currencies.
In judging the adequacy of the international reserves, the Monetary
Board shall be guided by the prospective receipts and payments of foreign
exchange by the Philippines. The Board shall give special attention to the
volume and maturity of the Bangko Sentral 's own liabilities in foreign
currencies, to the volume and maturity of the foreign exchange assets and
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 liabilities of other banks operating in the Philippines and, insofar as they are
known or can be estimated, the volume and maturity of the foreign
exchange assets and liabilities of all other persons and entities in the
Philippines. cda

SECTION 66. Composition of the International Reserves. — The

international reserves of the Bangko Sentral may include but shall not be
limited to the following assets:
(a) gold; and

(b) assets in foreign currencies in the form of: documents and

instruments customarily employed for the international
transfer of funds; demand and time deposits in central banks,
treasuries and commercial banks abroad; foreign government
securities; and foreign notes and coins.

The Monetary Board shall endeavor to hold the foreign exchange

resources of the Bangko Sentral in freely convertible currencies; moreover,
the Board shall give particular consideration to the prospects of continued
strength and convertibility of the currencies in which the reserve is
maintained, as well as to the anticipated demands for such currencies. The
Monetary Board shall issue regulations determining the other qualifications
which foreign exchange assets must meet in order to be included in the
international reserves of the Bangko Sentral.
The Bangko Sentral shall be free to convert any of the assets in its
international reserves into other assets as described in subsections (a) and
(b) of this section.
SECTION 67. Action When the International Stability of the Peso Is
Threatened. — Whenever the international reserve of the Bangko Sentral
falls to a level which the Monetary Board considers inadequate to meet the
prospective net demands on the Bangko Sentral for foreign currencies, or
whenever the international reserve appears to be in imminent danger of
falling to such a level, or whenever the international reserve is falling as a
result of payments or remittances abroad which in the opinion of the
Monetary Board, are contrary to the national welfare, the Monetary Board
shall:

(a) take such remedial measures as are appropriate and within

the powers granted to the Monetary Board and the Bangko
Sentral under the provisions of this Act; and
(b) submit to the President of the Philippines and to Congress a
detailed report which shall include, as a minimum, a
description and analysis of:

(1) the nature and causes of the existing or imminent

decline;

(2) the remedial measures already taken or to be taken

by the Monetary Board;cdtai

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 (3) the monetary, fiscal or administrative measures
further proposed; and

(4) the character and extent of the cooperation required

from other government agencies for the successful
execution of the policies of the Monetary Board.

If the resultant actions fail to check the deterioration of the reserve

position of the Bangko Sentral , or if the deterioration cannot be checked
except by chronic restrictions on exchange and trade transactions or by
sacrifice of the domestic objectives of a balanced and sustainable growth of
the economy, the Monetary Board shall propose to the President, with
appropriate notice to Congress, such additional action as it deems necessary
to restore equilibrium in the international balance of payments of the
Philippines.
The Monetary Board shall submit periodic reports to the President and
to Congress until the threat to the international monetary stability of the
Philippines has disappeared.
CHAPTER IV
Instruments of Bangko Sentral Action
ARTICLE I
General Criterion
SECTION 68. Means of Action. — In order to achieve the primary
objective of price stability, the Monetary Board 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 Exchange
SECTION 69. Purchases and Sales of Gold. — The Bangko Sentral
may buy and sell gold in any form, subject to such regulations as the
Monetary Board may issue.
The purchases and sales of gold authorized by this section shall be
made in the national currency at the prevailing international market price as
determined by the Monetary Board.
SECTION 70. Purchases and Sales of Foreign Exchange. — The
Bangko Sentral may buy and sell foreign notes and coins, and documents
and instruments of types customarily employed for the international transfer
of funds. The Bangko Sentral may engage in future exchange operations.
The Bangko Sentral may engage in foreign exchange transactions with
the following entities or persons only: cd i

(a) banking institutions operating in the Philippines;

(b) the Government, its political subdivisions and

instrumentalities;
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 (c) foreign or international financial institutions;

(d) foreign governments and their instrumentalities; and

(e) other entities or persons which the Monetary Board is

hereby empowered to authorize as foreign exchange dealers,
subject to such rules and regulations as the Monetary Board
shall prescribe.

In order to maintain the convertibility of the peso, the Bangko Sentral

may, at the request of any banking institution operating in the Philippines,
buy any quantity of foreign exchange offered, and sell any quantity of
foreign exchange demanded, by such institution, provided that the foreign
currencies so offered or demanded are freely convertible into gold or United
States dollars. This requirement shall not apply to demands for foreign notes
and coins.
T h e Bangko Sentral shall effect its exchange transactions between
foreign currencies and the Philippine peso at the rates determined in
accordance with the provisions of Section 74 of this Act.
SECTION 71. Foreign Asset Position of the Bangko Sentral . — The
Bangko Sentral shall endeavor to maintain at all times a net positive foreign
asset position so that its gross foreign exchange assets will always exceed
its gross foreign liabilities. In the event that the equivalent amount in pesos
of the foreign exchange liabilities of the Bangko Sentral exceed twice the
equivalent amount in pesos of the foreign exchange assets of the bank, the
Bangko Sentral shall, within sixty (60) days from the date the limit is
exceeded, submit a report to the Congress stating the origin of these
liabilities, and the manner in which they will be paid.
SECTION 72. Emergency Restrictions on Exchange Operations. — In
order to achieve the primary objective of the Bangko Sentral as set forth in
Section 3 of this Act, or protect the international reserves of the Bangko
Sentral in the imminence of, or during an exchange crisis, or in time of
national emergency and to give the Monetary Board and the Government
time in which to take constructive measures to forestall, combat, or
overcome such a crisis or emergency, the Monetary Board, with the
concurrence of at least five (5) of its members and with the approval of the
President of the Philippines, may temporarily suspend or restrict sales of
exchange by the Bangko Sentral , and may subject all transactions in gold
and foreign exchange to license by the Bangko Sentral, and may require that
any foreign exchange thereafter obtained by any person residing or entity
operating in the Philippines be delivered to Bangko Sentral or to any bank or
agent designated by the Bangko Sentral for the purpose, at the effective
exchange rate or rates: Provided, however, That foreign currency deposits
made under Republic Act No. 6426 shall be exempt from these
requirements. aisa dc

SECTION 73. Acquisition of Inconvertible Currencies. — The Bangko

Sentral shall avoid the acquisition and holding of currencies which are not
freely convertible, and may acquire such currencies in an amount exceeding
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 the minimum balance necessary to cover current demands for said
currencies only when, and to the extent that, such acquisition is considered
by the Monetary Board to be in the national interest. The Monetary Board
shall determine the procedures which shall apply to the acquisition and
disposition by the Bangko Sentral of foreign exchange which is not freely
utilizable in the international market.
SECTION 74. Exchange Rates. — The Monetary Board shall
determine the exchange rate policy of the country.
The Monetary Board shall determine the rates at which theBangko
Sentral shall buy and sell spot exchange, and shall establish deviation limits
from the effective exchange rate or rates as it may deem proper. The
Bangko Sentral shall not collect any additional commissions or charges of
any sort, other than actual telegraphic of cable costs incurred by it.
The Monetary Board shall similarly determine the rates for other types
of foreign exchange transactions by the Bangko Sentral, including purchases
and sales of foreign notes and coins, but the margins between the effective
exchange rates and the rates thus established may not exceed the
corresponding margins for spot exchange transactions by more than the
additional costs or expenses involved in each type of transactions.
SECTION 75. Operations with Foreign Entities. — The Monetary
Board may authorize the Bangko Sentral to grant loans to and receive loans
from foreign banks and other foreign or international entities, both public
and private, and may engage in such other operations with these entities as
are in the national interest and are appropriate to its character as a central
bank. The Bangko Sentral may also act as agent or correspondent for such
entities.
Upon authority of the Monetary Board, the Bangko Sentral may pledge
any gold or other assets which it possesses as security against loans which it
receives from foreign or international entities. acd

ARTICLE III
Regulation of Foreign Exchange Operations of the Banks
SECTION 76. Foreign Exchange Holdings of the Banks. — In order
that the Bangko Sentral may at all times have foreign exchange resources
sufficient to enable it to maintain the international stability and convertibility
of the peso, or in order to promote the domestic investment of bank
resources, the Monetary Board may require the banks to sell to the Bangko
Sentral or to other banks all or part of their surplus holdings of foreign
exchange. Such transfers may be required for all foreign currencies or for
only certain of such currencies, according to the decision of the Monetary
Board. The transfers shall be made at the rates established under the
provisions of Section 74 of this Act.
The Monetary Board, may whenever warranted, determine the net
assets and net liabilities of banks and shall, in making such a determination,
take into account the bank's networth, outstanding liabilities, actual and
contingent, or such other financial or performance ratios as may be
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 appropriate under the circumstances. Any such determination of net assets
and net liabilities shall be applied to all banks uniformly and without
discrimination.
SECTION 77. Requirement of Balanced Currency Position. — The
Monetary Board may require the banks to maintain a balanced position
between their assets and liabilities in Philippine pesos or in any other
currency or currencies in which they operate. The banks shall be granted a
reasonable period of time in which to adjust their currency positions to any
such requirement.
The powers granted under this section shall be exercised only when
special circumstances make such action necessary, in the opinion of the
Monetary Board, and shall be applied to all banks alike and without
discrimination.
SECTION 78. Regulation of Non-spot Exchange Transactions . — In
order to restrain the banks from taking speculative positions with respect to
future fluctuations in foreign exchange rates, the Monetary Board may issue
such regulations governing bank purchases and sales of non-spot exchange
as it may consider necessary for said purpose.
SECTION 79. Other Exchange Profits and Losses. — The banks shall
bear the risks of non-compliance with the terms of the foreign exchange
documents and instruments which they buy or sell, and shall also bear any
other typically commercial or banking risks, including exchange risks not
assumed by the Bangko Sentral under the provisions of the preceding
section.
SECTION 80. Information on Exchange Operations. — The banks
shall report to the Bangko Sentral the volume and composition of their
purchases and sales of gold and foreign exchange each day, and must
furnish such additional information as the Bangko Sentral may request with
reference to the movements in their accounts in foreign currencies.
The Monetary Board may also require other persons and entities to
report to it currently all transactions or operations in gold, in any shape or
form, and in foreign exchange whether entered into or undertaken by them
directly or through agents, or to submit such data as may be required on
operations or activities giving rise to or in connection with or relating to a
gold or foreign exchange transaction. The Monetary Board shall prescribe
the forms on which such declarations must be made. The accuracy of the
declarations may be verified by the Bangko Sentral by whatever inspection it
may deem necessary. acd

ARTICLE IV
Loans to Banking and Other Financial Institutions
A. Credit Policy
SECTION 81. Guiding Principles. — The rediscounts, discounts, loans
and advances which the Bangko Sentral is authorized to extend to banking
institutions under the provisions of the present article of this Act shall be
used to influence the volume of credit consistent with the objective of price
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 stability.
B. Normal Credit Operations
SECTION 82. Authorized Types of Operations . — Subject to the
principle stated in the preceding section of this Act, the Bangko Sentral may
normally and regularly carry on the following credit operations with banking
institutions operating in the Philippines:

(a) Commercial credits. — The Bangko Sentral may rediscount,

discount, buy and sell bills, acceptances, promissory notes
and other credit instruments with maturities of not more than
one hundred eighty (180) days from the date of their
rediscount, discount or acquisition by the Bangko Sentral and
resulting from transactions related to:

(1) the importation, exportation, purchase or sale of

readily saleable goods and products, or their
transportation within the Philippines; or

(2) the storing of non-perishable goods and products

which are duly insured and deposited, under conditions
assuring their preservation, in authorized bonded
warehouses or in other places approved by the
Monetary Board.
(b) Production credits. — The Bangko Sentral may rediscount,
discount, buy and sell bills, acceptances, promissory notes
and other credit instruments having maturities of not more
than three hundred sixty (360) days from the date of their
rediscount, discount of acquisition by the Bangko Sentral and
resulting from transactions related to the production or
processing of agricultural, animal, mineral, or industrial
products. Documents or instruments acquired in accordance
with this subsection shall be secured by a pledge of the
respective crops or products: Provided, however, That the
crops or products need not be pledged to secure the
documents if the original loan granted by the Bangko Sentral
is secured by a lien or mortgage on real estate property
seventy percent (70%) of the appraised value of which
equals or exceeds the amount of the loan granted. casia

(c) Other credits. — Special credit instruments not otherwise

rediscountable under the immediately preceding subsections
(a) and (b) may be eligible for rediscounting in accordance
with rules and regulations which the Bangko Sentral shall
prescribe. Whenever necessary, the Bangko Sentral shall
provide funds from non-inflationary sources: Provided,
however, That the Monetary Board shall prescribe additional
safeguards for disbursing these funds.
(d) Advances. — The Bangko Sentral may grant advances
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 against the following kinds of collaterals for fixed periods
which, with the exception of advances against collateral
named in clause (4) of the present subsection, shall not
exceed one hundred eighty (180) days:

(1) gold coins or bullion;

(2) securities representing obligations of the Bangko

Sentral or of other domestic credit institutions of
recognized solvency;

(3) the credit instruments to which reference is made in

subsection (a) of this section;

(4) the credit instruments to which reference is made in

subsection (b) of this section, for periods which shall
not exceed three hundred sixty (360) days;

(5) utilized portions of advances in current account

covered by regular overdraft agreements related to
operations included under subsections (a) and (b) of
this section, and certified as to amount and liquidity by
the institution soliciting the advance;

(6) negotiable treasury bills, certificates of indebtedness,

notes and other negotiable obligations of the
Government maturing within three (3) years from the
date of the advance; and
(7) negotiable bonds issued by the Government of the
Philippines by Philippine provincial, city or municipal
governments, or by any Philippine Government
instrumentality, and having maturities of not more than
ten (10) years from the date of the advance.

The rediscounts, discounts, loans and advances made in accordance

with the provisions of this section may not be renewed or extended unless
extraordinary circumstances fully justify such renewal or extension.
Advances made against the collateral named in clauses (6) and (7) of
subsection (d) of this section may not exceed eighty percent (80%) of the
current market value of the collateral. cdt

C. Special Credit Operation

SECTION 83. Loans for Liquidity Purposes. — The Bangko Sentral
may extend loans and advances to banking institutions for a period of not
more than seven (7) days without any collateral for the purpose of providing
liquidity to the banking system in times of need.
D. Emergency Credit Operation
SECTION 84. Emergency Loans and Advances. — In periods of
national and/or local emergency or of imminent financial panic which directly
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 threaten monetary and banking stability, the Monetary Board may, by a vote
of at least five (5) of its members, authorize the Bangko Sentral to grant
extraordinary loans or advances to banking institutions secured by assets as
defined hereunder: Provided, That while such loans or advances are
outstanding, the debtor institution shall not, except upon prior authorization
by the Monetary Board, expand the total volume of its loans or investments.
The Monetary Board may, at its discretion, likewise authorize the
Bangko Sentral to grant emergency 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 by unforeseen events, or events which, though foreseeable, could
not be prevented by the bank concerned: Provided, however, That the
Monetary Board has ascertained that the bank is not insolvent and has the
assets defined hereunder to secure the advances: Provided, further, That a
concurrent vote of at least five (5) members of the Monetary Board is
obtained.
The amount of any emergency loan or advance shall not exceed the
sum of fifty percent (50%) of total deposits and deposit substitutes of the
banking institution and shall be disbursed in two (2) or more tranches. The
amount of the first tranche shall be limited to twenty-five percent (25%) of
the total deposit and deposit substitutes of the institution and shall be
secured by government securities to the extent of their applicable loan
values and other unencumbered first class collaterals which the Monetary
Board may approve: Provided, That if as determined by the Monetary Board,
the circumstances surrounding the emergency warrant a loan or advance
greater than the amount provided hereinabove, the amount of the first
tranche may exceed twenty-five percent (25%) of the bank's total deposit
and deposit substitutes if the same is adequately secured by applicable loan
values of government securities and unencumbered first class collaterals
approved by the Monetary Board, and the principal stockholders of the
institution furnish an acceptable undertaking to indemnify and hold harmless
from suit a conservator whose appointment the Monetary Board may find
necessary at any time. casia

Prior to the release of the first tranche, the banking institution shall
submit to the Bangko Sentral a resolution of its board of directors
authorizing the Bangko Sentral to evaluate other assets of the banking
institution certified by its external auditor to be good and available for
collateral purposes should the release of the subsequent tranche be
thereafter applied for.
The Monetary Board may, by a vote of at least five (5) of its members,
authorize the release of a subsequent tranche on condition that the principal
stockholders of the institution:

(a) furnish an acceptable undertaking to indemnify and hold

harmless from suit a conservator whose appointment the
Monetary Board may find necessary at any time; and

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 (b) provide acceptable security which, in the judgment of the
Monetary Board, would be adequate to supplement, where
necessary, the assets tendered by the banking institution to
collateralize the subsequent tranche.

In connection with the exercise of these powers, the prohibitions in

Section 128 of this Act shall not apply insofar as it refers to acceptance as
collateral of shares and their acquisition as a result of foreclosure
proceedings, including the exercise of voting rights pertaining to said shares:
Provided, however, That should the Bangko Sentral acquire any of the shares
it has accepted as collateral as a result of foreclosure proceedings, the
Bangko Sentral shall dispose of said shares by public bidding within one (1)
year from the date of consolidation of title by the Bangko Sentral.
Whenever a financial institution incurs an overdraft in its account with
t h e Bangko Sentral , the same shall be eliminated within the period
prescribed in Section 102 of this Act. casia

E. Credit Terms
SECTION 85. Interest and Rediscount Rates. — The Bangko Sentral
shall collect interest and other appropriate charges on all loans and
advances it extends, the closure, receivership or liquidation of the debtor-
institution notwithstanding. This provision shall apply prospectively.
The Monetary Board shall fix the interest and rediscount rates to be
charged by the Bangko Sentral on its credit operations in accordance with
the character and term of the operation, but after due consideration has
been given to the credit needs of the market, the composition of the Bangko
Sentral's portfolio, and the general requirements of the national monetary
policy. Interest and rediscount rates shall be applied to all banks of the same
category uniformly and without discrimination.
SECTION 86. Endorsement. — The documents rediscounted,
discounted, bought or accepted as collateral by the Bangko Sentral in the
course of the credit operations authorized in this article shall bear the
endorsement of the institution from which they are received.
SECTION 87. Repayment of Credits. — Documents rediscounted,
discounted or accepted as collateral by the Bangko 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
relate whenever said obligations have been liquidated prior to their dates of
maturity.
Banks shall have the right at any time to withdraw any documents
which they have presented to the Bangko Sentral as collateral, upon
payment in full of the corresponding debt to the Bangko Sentral , including
interest charges.
SECTION 88. Other Requirements. — The Monetary Board may
prescribe, within the general powers granted to it under this Act, additional
conditions which borrowing institutions must satisfy in order to have access
to the credit of the Bangko Sentral . These conditions may refer to the rates
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 of interest charged by the banks, to the purposes for which their loans in
general are destined, and to any other clearly definable aspect of the credit
policy of the bank.
SECTION 89. Provisional Advances to the National Government. —
The Bangko Sentral may make direct provisional advances with or without
interest to the National Government to finance expenditures authorized in its
annual appropriation: Provided, That said advances shall be repaid before
the end of three (3) months extendible by another three (3) months as the
Monetary Board may allow following the date the National Government
received such provisional advances and shall not, in their aggregate, exceed
twenty percent (20%) of the average annual income of the borrower for the
last three (3) preceding fiscal years. cda

ARTICLE V
Open Market Operations for the Account of the Bangko Sentral
SECTION 90. Principles of Open Market Operations. — The open
market purchases and sales of securities by the Bangko Sentral shall be
made exclusively in accordance with its primary objective of achieving price
stability.
SECTION 91. Purchases and Sales of Government Securities. — In
order to achieve the objectives of the national monetary policy, the Bangko
Sentral may, in accordance with the principle stated in Section 90 of this Act
and with such rules and regulations as may be prescribed by the Monetary
Board, buy and sell in the open market for its own account:

(a) evidences of indebtedness issued directly by the

Government of the Philippines or by its political subdivisions;
and

(b) evidences of indebtedness issued by government

instrumentalities and fully guaranteed by the Government.

The evidences of indebtedness acquired under the provisions of this

section must be freely negotiable and regularly serviced and must be
available to the general public through banking institutions and local
government treasuries in denominations of a thousand pesos or more.
SECTION 92. Issue and Negotiation of Bangko Sentral Obligations.
— In order to provide the Bangko Sentral with effective instruments for open
market operations, the Bangko Sentral may, subject to such rules and
regulations as the Monetary Board may prescribe and in accordance with the
principles stated in Section 90 of this Act, issue, place, buy and sell freely
negotiable evidences of indebtedness of the Bangko Sentral : Provided, That
issuance of such certificates of indebtedness shall be made only in cases of
extraordinary movement in price levels. Said evidences of indebtedness may
be issued directly against the international reserve of the Bangko Sentral or
against the securities which it has acquired under the provisions of Section
91 of this Act, or may be issued without relation to specific types of assets of
the Bangko Sentral.
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 The Monetary Board shall determine the interest rates, maturities and
other characteristics of said obligations of the Bangko Sentral , and may, if it
deems it advisable, denominate the obligations in gold or foreign currencies.
Subject to the principles stated in Section 90 of this Act, the evidences
of indebtedness of the Bangko Sentral to which this section refers may be
acquired by the Bangko Sentral before their maturity, either through
purchases in the open market or through redemptions at par and by lot if the
Bangko Sentral has reserved the right to make such redemptions. The
evidences of indebtedness acquired or redeemed by the Bangko Sentral
shall not be included among its assets, and shall be immediately retired and
cancelled. aisa dc

ARTICLE VI
Composition of Bangko Sentral's Portfolio
SECTION 93. Review of the Bangko Sentral's Portfolio. — At least
once every month the Monetary Board shall review the portfolio of the
Bangko Sentral in relation to its future credit policy.
In reviewing the Bangko Sentral 's portfolio, the Monetary Board shall
especially consider whether a sufficiently large part of the portfolio consists
of assets with early maturities, in order that a contraction in Bangko Sentral
credit may be effected promptly whenever the national monetary policy so
requires.
ARTICLE VII
Bank Reserves
SECTION 94. Reserve Requirements . — In order to control the
volume of money created by the credit operations of the banking system, all
banks operating in the Philippines shall be required to maintain reserves
against their deposit liabilities: Provided, That the Monetary Board may, at
its discretion, also require all banks and/or quasi-banks to maintain reserves
against funds held in trust and liabilities for deposit substitutes as defined in
this Act. The required reserves of each bank shall be proportional to the
volume of its deposit liabilities and shall ordinarily take the form of a deposit
in the Bangko Sentral . Reserve requirements shall be applied to all banks of
the same category uniformly and without discrimination.
Reserves against deposit substitutes, if imposed, shall be determined
in the same manner as provided for reserve requirements against regular
bank deposits, with respect to the imposition, increase, and computation of
reserves.
The Monetary Board may exempt from reserve requirements deposits
and deposit substitutes with remaining maturities of two (2) years or more,
as well as interbank borrowings.
Since the requirement to maintain bank reserves is imposed primarily
to control the volume of money, the Bangko Sentral shall not pay interest on
the reserves maintained with it unless the Monetary Board decides
otherwise as warranted by circumstances.
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 SECTION 95. Definition of Deposit Substitutes. — The term "deposit
substitutes" is defined as an 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 of relending or purchasing of receivables and other obligations.
These instruments may include, but need not be limited to, bankers
acceptances, promissory notes, participations, certificates of assignment and
similar instruments with recourse, and repurchase agreements. The
Monetary Board shall determine what specific instruments shall be
considered as deposit substitutes for the purposes of Section 94 of this Act:
Provided, however, That deposit substitutes of commercial, industrial and
other non-financial companies issued for the limited purpose of financing
their own needs or the needs of their agents or dealers shall not be covered
by the provisions of Section 94 of this Act. cdt

SECTION 96. Required Reserves Against Peso Deposits . — The

Monetary Board may fix and, when it deems necessary, alter the minimum
reserve ratios to peso deposits, as well as to deposit substitutes, which each
bank and/or quasi-bank may maintain, and such ratio shall be applied
uniformly to all banks of the same category as well as to quasi-banks.
SECTION 97. Required Reserves Against Foreign Currency Deposits .
— The Monetary Board is similarly authorized to prescribe and modify the
minimum reserve ratios applicable to deposits denominated in foreign
currencies.
SECTION 98. Reserves Against Unused Balances of Overdraft Lines.
— In order to facilitate Bangko Sentral control over the volume of bank
credit, the Monetary Board may establish minimum reserve requirements for
unused balances of overdraft lines.
The powers of the Monetary Board to prescribe and modify reserve
requirements against unused balances of overdraft lines shall be the same
as its powers with respect to reserve requirements against demand deposits.
SECTION 99. Increase in Reserve Requirements. — Whenever in the
opinion of the Monetary Board it becomes necessary to increase reserve
requirements against existing liabilities, the increase shall be made in a
gradual manner and shall not exceed four percentage points in any thirty-
day period. Banks and other affected financial institutions shall be notified
reasonably in advance of the date on which such increase is to become
effective.
SECTION 100. Computation on Reserves. — The reserve position of
each bank or quasi-bank shall be calculated daily on the basis of the
amount, at the close of business for the day, of the institution's reserves and
the amount of its liability accounts against which reserves are required to be
maintained: Provided, That with reference to holidays or non-banking days,
the reserve position as calculated at the close of the business day
immediately preceding such holidays and non-banking days shall apply on
such days.
For the purpose of computing the reserve position of each bank or
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 quasi-bank, its principal office in the Philippines and all its branches and
agencies located therein shall be considered as a single unit. aisa dc

SECTION 101. Reserve Deficiencies . — Whenever the reserve

position of any bank or quasi-bank, computed in the manner specified in the
preceding section of this Act, is below the required minimum, the bank or
quasi-bank shall pay the Bangko Sentral one-tenth of one percent (1/10 of
1%) per day on the amount of the deficiency or the prevailing ninety-one-
day treasury bill rate plus three percentage points, whichever is higher:
Provided, however, That banks and quasi-banks shall ordinarily be permitted
to offset any reserve deficiency occurring on one or more days of the week
with any excess reserves which they may hold on other days of the same
week and shall be required to pay the penalty only on the average daily
deficiency during the week. In cases of abuse, the Monetary Board may deny
any bank or quasi-bank the privilege of offsetting reserve deficiencies in the
aforesaid manner.
If a bank or quasi-bank chronically has a reserve deficiency, the
Monetary Board may limit or prohibit the making of new loans or
investments by the institution and may require that part or all of the net
profits of the institution be assigned to surplus.
The Monetary Board may modify or set aside the reserve deficiency
penalties provided in this section, for part or the entire period of a strike or
lockout affecting a bank or a quasi-bank as defined in the Labor Code, or of a
national emergency affecting operations of banks or quasi-banks. The
Monetary Board may also modify or set aside reserved deficiency penalties
for rehabilitation program of a bank.
SECTION 102. Interbank Settlement. — The Bangko Sentral shall
establish facilities for interbank clearing under such rules and regulations as
the Monetary Board may prescribe: Provided, That the Bangko Sentral may
charge administrative and other fees for the maintenance of such facilities.
The deposit reserves maintained by the banks in the Bangko Sentral in
accordance with the provisions of Section 94 of this Act shall serve as basis
for the clearing of checks and the settlement of interbank balances, subject
to such rules and regulations as the Monetary Board may issue with respect
to such operations: Provided, That any bank which incurs on overdrawing in
its deposit account with the Bangko Sentral shall fully cover said overdraft,
including interest thereon at a rate equivalent to one-tenth of one percent
(1/10 of 1%) per day or the prevailing ninety-one-day treasury bill rate plus
three percentage points, whichever is higher, not later than the next clearing
day: Provided, further, That settlement of clearing balances shall not be
effected for any account which continues to be overdrawn for five (5)
consecutive banking days until such time as the overdrawing is fully covered
or otherwise converted into an emergency loan or advance pursuant to the
provisions of Section 84 of this Act: Provided, finally, That the appropriate
clearing office shall be officially notified of banks with overdrawn balances.
Banks with existing overdrafts with the Bangko Sentral as of the effectivity of
this Act shall, within such period as may be prescribed by the Monetary
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 Board, either convert the overdraft into an emergency loan or advance with
a plan of payment, or settle such overdrafts, and that, upon failure to so
comply herewith, the Bangko Sentral shall take such action against the bank
as may be warranted under this Act. cd

SECTION 103. Exemption from Attachment and Other Purposes. —

Deposits maintained by banks with the Bangko Sentral as part of their
reserve requirements shall be exempt from attachment, garnishments, or
any other order or process of any court, government agency or any other
administrative body issued to satisfy the claim of a party other than the
Government, or its political subdivisions or instrumentalities.
ARTICLE VIII
Selective Regulation of Bank Operations
SECTION 104. Guiding Principle. — The Monetary Board shall use
the powers granted to it under this Act to ensure that the supply, availability
and cost of money are in accord with the needs of the Philippine economy
and that bank credit is not granted for speculative purposes prejudicial to
the national interests. Regulations on bank operations shall be applied to all
banks of the same category uniformly and without discrimination.
SECTION 105. Margin Requirements Against Letters of Credit. —
The Monetary Board may at any time prescribe minimum cash margins for
the opening of letters of credit, and may relate the size of the required
margin to the nature of the transaction to be financed.
SECTION 106. Required Security Against Bank Loans . — In order to
promote liquidity and solvency of the banking system, the Monetary Board
may issue such regulations as it may deem necessary with respect to the
maximum permissible maturities of the loans and investments which the
banks may make, and the kind and amount of security to be required against
the various types of credit operations of the banks.
SECTION 107. Portfolio Ceilings. — Whenever the Monetary Board
considers it advisable to prevent or check an expansion of bank credit, the
Board may place an upper limit on the amount of loans and investments
which the banks may hold, or may place a limit on the rate of increase of
such assets within specified periods of time. The Monetary Board may apply
such limits to the loans and investments of each bank or to specific
categories thereof.
In no case shall the Monetary Board establish limits which are below
the value of the loans or investments of the banks on the date on which they
are notified of such restrictions. The restrictions shall be applied to all banks
uniformly and without discrimination.
SECTION 108. Minimum Capital Ratios. — The Monetary Board may
prescribe minimum ratios which the capital and surplus of the banks must
bear to the volume of their assets, or to specific categories thereof, and may
alter said ratios whenever it deems necessary. cd i

ARTICLE IX
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 Coordination of Credit Policies by Government Institutions
SECTION 109. Coordination of Credit Policies. — Government-owned
corporations which perform banking or credit functions shall coordinate their
general credit policies with those of the Monetary Board.
Toward this end, the Monetary Board may, whenever it deems it
expedient, make suggestions or recommendations to such corporations for
the more effective coordination of their policies with those of the Bangko
Sentral.
CHAPTER V
Functions as Banker and Financial Advisor of the Government
ARTICLE I
Functions as Banker of the Government
SECTION 110. Designation of Bangko Sentral as Banker of the
Government. — The Bangko Sentral shall act as a banker of the Government,
its political subdivisions and instrumentalities.
SECTION 111. Representation with the International Monetary Fund.
— The Bangko Sentral shall represent the Government in all dealings,
negotiations and transactions with the International Monetary Fund and shall
carry such accounts as may result from Philippine membership in, or
operations with, said Fund.
SECTION 112. Representation with Other Financial Institutions . —
The Bangko Sentral may be authorized by the Government to represent it in
dealings, negotiations or transactions with the International Bank for
Reconstruction and Development and with other foreign or international
financial institutions or agencies. The President may, however, designate
any of his other financial advisors to jointly represent the Government in
such dealings, negotiations or transactions.
SECTION 113. Official Deposits. — The Bangko Sentral shall be the
official depository of the Government, its political subdivisions and
instrumentalities as well as of government-owned or -controlled corporations
and, as a general policy, their cash balances should be deposited with the
Bangko Sentral , with only minimum working balances to be held by
government-owned banks and such other banks incorporated in the
Philippines as the Monetary Board may designate, subject to such rules and
regulations as the Board may prescribe: Provided, That such banks may hold
deposits of the political subdivisions and instrumentalities of the
Government beyond their minimum working balances whenever such
subdivisions and instrumentalities have outstanding loans with said banks. cdasia

The Bangko Sentral may pay interest on deposits of the Government or

of its political subdivisions and instrumentalities, as well as on deposits of
banks with the Bangko Sentral.
SECTION 114. Fiscal Operations. — The Bangko Sentral shall open a
general cash account for the Treasurer of the Philippines, in which the liquid
funds of the Government shall be deposited.
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 Transfers of funds from this account to other accounts shall be made
only upon order of the Treasurer of the Philippines.
SECTION 115. Other Banks as Agents of the Bangko Sentral . — In
the performance of its functions as fiscal agent, the Bangko Sentral may
engage the services of other government-owned and -controlled banks and
of other domestic banks for operations in localities at home or abroad in
which the Bangko Sentral does not have offices or agencies adequately
equipped to perform said operations: Provided, however, That for fiscal
operations in foreign countries, the Bangko Sentral may engage the services
of foreign banking and financial institutions.
SECTION 116. Remuneration for Services . — The Bangko Sentral
may charge equitable rates, commissions or fees for services which it
renders to the Government, its political subdivisions and instrumentalities.
ARTICLE II
The Marketing and Stabilization of Securities for the Account of the
Government
A. The Issue and Placing of Government Securities
SECTION 117. Issue of Government Obligations. — The issue of
securities representing obligations of the Government, its political
subdivisions or instrumentalities, may be made through the Bangko Sentral ,
which may act as agent of, and for the account of, the Government or its
respective subdivisions or instrumentality, as the case may be: Provided,
however, That the Bangko Sentral shall not guarantee the placement of said
securities, and shall not subscribe to their issue except to replace its
maturing holdings of securities with the same type as the maturing
securities.
SECTION 118. Methods of Placing Government Securities. — The
Bangko Sentral may place the securities to which the preceding section
refers through direct sale to financial institutions and the public.
The Bangko Sentral shall not be a member of any stock exchange or
syndicate, but may intervene therein for the sole purpose of regulating their
operations in the placing of government securities. aisa dc

The Government, or its political subdivisions or instrumentalities, shall

reimburse the Bangko Sentral for the expenses incurred in the placing of the
aforesaid securities.
SECTION 119. Servicing and Redemption of the Public Debt. — The
servicing and redemption of the public debt shall also be effected through
the Bangko Sentral.
B. Bangko Sentral Support of the Government Securities Market
SECTION 120. The Securities Stabilization Fund . — There shall be
established a "Securities Stabilization Fund" which shall be administered by
the Bangko Sentral for the account of the Government.
The operations of the Securities Stabilization Fund shall consist of
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 purchases and sales, in the open market, of bonds and other evidences of
indebtedness, issued or fully guaranteed by the Government. The purpose of
these operations shall be to increase the liquidity and stabilize the value of
said securities in order thereby to promote private investment in
government obligations.
The Monetary Board shall use the resources of the Fund to prevent, or
moderate, sharp fluctuations in the quotations of said government
obligations, but shall not endeavor to alter movements of the market
resulting from basic changes in the pattern or level of interest rates.
The Monetary Board shall issue such regulations as may be necessary
to implement the provisions of this section.
SECTION 121. Resources of the Securities Stabilization Fund . —
Subject to Section 132 of this Act, the resources of the Securities
Stabilization Fund shall come from the balance of the fund as held by the
Central Bank under Republic Act No. 265 as of the effective date of this Act.
SECTION 122. Profits and Losses of the Fund. — The Securities
Stabilization Fund shall retain net profits which it may make on its
operations, regardless of whether said profits arise from capital gains or
from interest earnings. The Fund shall correspondingly bear any net losses
which it may incur.
ARTICLE III
Functions as Financial Advisor of the Government
SECTION 123. Financial Advice on Official Credit Operations. —
Before undertaking any credit operation abroad, the Government, through
the Secretary of Finance, shall request the opinion, in writing, of the
Monetary Board on the monetary implications of the contemplated action.
Such opinions must similarly be requested by all political subdivisions and
instrumentalities of the Government before any credit operation abroad is
undertaken by them. cdasia

The opinion of the Monetary Board shall be based on the gold and
foreign exchange resources and obligations of the nation and on the effects
of the proposed operation on the balance of payments and on monetary
aggregates.
Whenever the Government, or any of its political subdivisions or
instrumentalities, contemplates borrowing within the Philippines, the prior
opinion of the Monetary Board shall likewise be requested in order that the
Board may render an opinion on the probable effects of the proposed
operation on monetary aggregates, the price level, and the balance of
payments.
SECTION 124. Representation on the National Economic and
Development Authority. — In order to assure effective coordination between
the economic, financial and fiscal policies of the Government and the
monetary, credit and exchange policies of the Bangko Sentral , the Deputy
Governor designated by the Governor of the Bangko Sentral shall be an ex
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 officio member of the National Economic and Development Authority Board.
CHAPTER VI
Privileges and Prohibitions
ARTICLE I
Privileges
SECTION 125. Tax Exemptions . — The Bangko Sentral shall be
exempt for a period of five (5) years from the approval of this Act from all
national, provincial, municipal and city taxes, fees, charges and
assessments.
The exemptions authorized in the preceding paragraph of this section
shall apply to all property of the Bangko Sentral , to the resources, receipts,
expenditures, profits and income of the Bangko Sentral , as well as to all
contracts, deeds, documents and transactions related to the conduct of the
business of the Bangko Sentral : Provided, however, That said exemptions
shall apply only to such taxes, fees, charges and assessments for which the
Bangko Sentral itself would otherwise be liable, and shall not apply to taxes,
fees, charges, or assessments payable by persons or other entities doing
business with the Bangko Sentral : Provided, further, That foreign loans and
other obligations of the Bangko Sentral shall be exempt, both as to principal
and interest, from any and all taxes if the payment of such taxes has been
assumed by the Bangko Sentral.
SECTION 126. Exemption from Customs Duties. — The provision of
any general or special law to the contrary notwithstanding, the importation
and exportation by the Bangko Sentral of notes and coins, and of gold and
other metals to be used for purposes authorized under this Act, and the
importation of all equipment needed for bank note production, minting of
coins, metal refining and other security printing operations shall be fully
exempt from all customs duties and consular fees and from all other taxes,
assessments and charges related to such importation or exportation. casia

SECTION 127. Applicability of the Civil Service Law. — Appointments

in the Bangko Sentral , except as to those which are policy-determining,
primarily confidential or highly technical in nature, shall be made only
according to the Civil Service Law and regulations: Provided, That no
qualification requirements for positions in the Bangko Sentral shall be
imposed other than those set by the Monetary Board: Provided, further,
That, the Monetary Board or Governor, in accordance with Sections 15(c)
and 17(d) of this Act, respectively, may without need of obtaining prior
approval from any other government agency, appoint personnel in the
Bangko Sentral whose services are deemed necessary in order not to unduly
disrupt the operations of the Bangko Sentral.
Officers and employees of the Bangko Sentral, including all members of
the Monetary Board, shall not engage directly or indirectly in partisan
activities or take part in any election except to vote.
ARTICLE II

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 Prohibitions
SECTION 128. Prohibitions. — The Bangko Sentral shall not acquire
shares of any kind or accept them as collateral, and shall not participate in
the ownership or management of any enterprise, either directly or indirectly.
T h e Bangko Sentral shall not engage in development banking or
financing: Provided, however, That outstanding loans obtained or extended
for development financing shall not be affected by the prohibition of this
section.
CHAPTER VII
Transitory Provisions
SECTION 129. Phase-out of Fiscal Agency Functions . — Unless
circumstances warrant otherwise and approved by the Congress Oversight
Committee, the Bangko Sentral shall, within a period of three (3) years but in
no case longer than five (5) years from the approval of this Act, phase out all
fiscal agency functions provided for in Sections 117, 118, 119, and 120 as
well as in other pertinent provisions of this Act and transfer the same to the
Department of Finance.
SECTION 130. Phase-out of Regulatory Powers Over the Operations
of Finance Corporations and Other Institutions Performing Similar Functions .
— The Bangko Sentral shall, within a period of five (5) years from the
effectivity of this Act, phase out its regulatory powers over finance
companies without quasi-banking functions and other institutions performing
similar functions as provided in existing laws, the same to be assumed by
the Securities and Exchange Commission. cd

SECTION 131. Implementing Details. — The Bangko Sentral shall be

made operational by the performance of the following acts:
(a) the President shall constitute the Monetary Board by
appointing the members thereof within sixty (60) days from
the effectivity of this Act; and

(b) the transfer of such assets and liabilities from the Central
Bank to the Bangko Sentral as provided in Section 132 shall
be completed within ninety (90) days from the constitution of
the Monetary Board.

All incumbent personnel in the Central Bank as of the date of the

approval of this Act shall continue to exercise their duties and functions as
personnel of the Bangko Sentral subject to the provisions of Section 133:
Provided, That such personnel in the Central Bank as may be necessary for
the purpose of implementing Section 132 may be assigned by the Bangko
Sentral Monetary Board to the Central Bank.
SECTION 132. Transfer of Assets and Liabilities. — Upon the
effectivity of this Act, three (3) members of the Monetary Board, which may
include the Governor, in representation of the Bangko Sentral , the Secretary
of Finance and the Secretary of Budget and Management in representation
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 of the National Government, and the Chairmen of the Committees on Banks
of the Senate and the House of Representatives shall determine the assets
and liabilities of the Central Bank which may be transferred to or assumed
by the Bangko Sentral . The Committee shall complete its work within ninety
(90) days from the constitution of the Monetary Board submitting a
comprehensive report with all its findings and justification.
The following guidelines shall be strictly observed in the determination
of which assets and liabilities shall be transferred to the Bangko Sentral:

(a) the Monetary Board and the Secretary of Finance shall have
primary responsibility for working out creative monetary and
financial solutions to retire the Central Bank liabilities and
losses at the least cost to the Government;
(b) the Bangko Sentral shall remit seventy-five percent (75%)
of its net profits to a special deposit account (sinking fund)
until such time as the net liabilities of the Central Bank shall
have been liquidated through generally accepted finance
mechanisms such as, but not limited to, write-offs, set-offs,
condonation, collections, reappraisal, revaluation and bond
issuance by the National Government, or to the National
Government as dividends;

(c) the assets and liabilities to be transferred shall be limited to

an amount that will enable the Bangko Sentral to perform its
responsibilities adequately and operate on a viable basis:
Provided, That the assets shall exceed the liabilities as
certified by the Commission on Audit (COA), by an initial
amount of Ten billion pesos (P10,000,000,000); cd i

(d) liabilities to be assumed by the Bangko Sentral shall include

liability for notes and coins in circulation as of the effective
date of this Act; and

(e) any asset or liability of the Central Bank not transferred to

t h e Bangko Sentral shall be retained and administered,
disposed of and liquidated by the Central Bank itself which
shall continue to exist as the CB Board of Liquidators only for
the purposes provided in this paragraph but not later than
twenty-five (25) years or until such time that liabilities have
been liquidated: Provided, That the Bangko Sentral may
financially assist the Central Bank Board of Liquidators in the
liquidation of CB liabilities: Provided, finally, That upon
disposition of said retained assets and liquidation of said
retained liabilities, the Central Bank shall be deemed
abolished.
All actions taken by the Bangko Sentral Monetary Board under this
section shall be reported to Congress and the President within thirty (30)
days.
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 SECTION 133. Mandate to Organize. — The Bangko Sentral shall be
organized by the Monetary Board without being subject to the provisions of
Republic Act No. 7430, by adopting if it so desires, an entirely new staffing
pattern on organizational structure to suit the operations of the Bangko
Sentral under this Act. No preferential or priority right shall be given to or
enjoyed by any personnel for appointment to any position in the new
staffing pattern, nor shall any personnel be considered as having prior or
vested rights with respect to retention in the Bangko Sentral or in any
position which may be created in the new staffing pattern, even if he should
be the incumbent of a similar position prior to organization. The formulation
of the program of organization shall be completed within six (6) months after
the effectivity of this Act, and shall be fully implemented within a period of
six (6) months thereafter. Personnel who may not be retained are deemed
separated from the service.
SECTION 134. Separation Benefits. — Pursuant to Section 15 of this
Act, the Monetary Board is authorized to provide separation incentives, and
all those who shall retire or be separated from the service on account of
reorganization under the preceding section shall be entitled to such
incentives, which shall be in addition to all gratuities and benefits to which
they may be entitled under existing laws.
SECTION 135. Repealing Clause . — Except as may be provided for
in Sections 46 and 132 of this Act, Republic Act No. 265, as amended, the
provisions of any other law, special charters, rule or regulation issued
pursuant to said Republic Act No. 265, as amended, or parts thereof, which
may be inconsistent with the provisions of this Act are hereby repealed.
Presidential Decree No. 1792 is likewise repealed.
SECTION 136. Transfer of Powers . — All powers, duties and
functions vested by law in the Central Bank of the Philippines not
inconsistent with the provisions of this Act shall be deemed transferred to
the Bangko Sentral ng Pilipinas. All references to the Central Bank of the
Philippines in any law or special charters shall be deemed to refer to the
Bangko Sentral. cd

SECTION 137. Separability Clause. — If any provision or section of

this Act or the application thereof to any person or circumstance is held
invalid, the other provisions or sections of this Act, and the application of
such provision or section to other persons or circumstances, shall not be
affected thereby.
SECTION 138. Effectivity Clause. — This Act shall take effect fifteen
(15) days following its publication in the Official Gazette or in two (2) national
newspapers of general circulation.
Approved: June 14, 1993
Published in Malaya and the Philippine Times Journal on June 18, 1993.
Published in the Official Gazette, Vol. 89 No. 32 page 4425 on August 9,
1993.

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