NU 3.1 PDIC Exercise

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Phil Deposit Insurance Corp

RA-3591, amended by RA’s 7400, 9302, 9576


(Course Material 3-Exercise)

Atty. JV Abuel
LPT MBA CPA Juris Doctor
DEPOSITS ACCOUNT NOT ENTITLED TO PAYMENT
1. Deposit products that resulted from splitting deposits
2. Deposits products or money placements by the head office of a foreign bank in
its branch in the Philippines because there is only one entity.
3. Deposits that are determined to be the proceeds of an unlawful activity as
defined under RA 9160 of the AMLA, as amended.
4. Deposits payable in a place outside the Philippines (like those in foreign
branches)
5. Deposit accounts or transactions which are unfunded and that are fictitious or
fraudulent.
6. Deposit accounts or transactions constituting and/or emanating from unsafe
and unsound banking practice/s, as determined by PDIC, in consultation with
BSP, after due notice and hearing, and publication of a cease and desist order
issued by ODIC against such deposit accounts or transactions.
7. Investment products such as bonds and securities, trust accounts and other
similar instruments.
Deposit products that resulted from splitting deposits
Splitting of deposits occurs whenever:

a. A deposit account with an outstanding balance more than P500,000 is


broken down and transferred to two or more accounts to the name of
persons or entities who have no beneficial ownership in the transferred
deposits in their names.
b. Within 120 days immediately preceding or during a bank declared bank
holiday or immediately preceding a closure order issued by the Monetary
Board.
c. For the purpose of availing the maximum deposit insurance coverage.
ILLUSTRATION: Mr. X maintains P250,000 in XYZ Bank’s Manila
branch and P300,000 in XYZ Bank’s US Branch. In the event of a
closure of XYZ Bank, how much is Mr. X’s insured deposit?

ANSWER: P250,000. Since the P300,000 deposited in XYZ Bank’s US


Branch is not covered being payable outside of the Philippines.
DETERMINATION OF THE AMOUNT DUE
Per Bank: the entitlement to deposit insurance is on a per bank basis. Such that if
X has a deposit with A Bank and B Bank and both banks closed, X is entitled to
P500,000 insurance coverage for each bank.

Per Depositor, Per Capacity Rule: all deposits in the bank maintained in the same
right and capacity for his benefit either in his own name or in the name of others
shall be added together in determining the insured amount, and regardless of
the type of account.

Accounts “By”, “In Trust For (ITF)” or “For the Account of (FAO)” another person:
1. In a “By” account (Juan by Pedro) – Juan is the Depositor
2. In an “ITF” account (Juan ITF Pedro) – Pedro is the Depositor
3. In a “FAO” account (Juan FAO Pedro) – Pedro is the Depositor
Individual Accounts: All individual accounts of a depositor, including the above where
ownership is vested in him, shall be insured to a maximum of P500,000
ILLUSTRATION: How much is Fe Santos’s insured deposit if she has the following four deposit
accounts in the same bank?
Insured Deposit of Fe
Account Name Deposit in PHP
Santos
Fe Santos P100,000 P100,000
Ben Santos For the
P100,000 P100,000
Account of Fe Santos
Charlie Santos In Trust For
Fe Santos P100,000 P100,000

Fe Santos’ Store (Sole


P700,000 P200,000
Proprietorship)
TOTAL P1,000,000 P500,000
JOINT ACCOUNTS: A joint account regardless of whether the conjunction “and”, “or”,
“and/or” is used shall be insured separately for any individually owned deposit
account provided that:
1. If the account is held jointly by two or more natural persons, or by two or more
juridical persons or entities, the maximum insured deposit shall be divided into as
many equal shares as there are individuals, juridical persons or entities, unless a
different sharing is stipulated in the document of deposit, and
2. If the account is held by a juridical person or entity jointly with one or more
natural persons, the maximum insured deposit shall be presumed to belong
entirely to such juridical person or entity.

Provided, further that the aggregate of the interest of each co-owner over several
joint accounts, whether owned by the same or different combinations of individuals,
juridical persons or entities, shall likewise be subject to the maximum insured
deposit of P500,000.
The P500,000 entitlement to joint deposits is separate from the P500,000 applicable to
the individually owned accounts by the depositor, giving him a maximum of P1,000,000
insurance coverage.
In short, a depositor who maintains both individual and joint accounts may be insured
up to a total of P1,000,000: P500,000 for all his individual accounts, P500,000 for all his
joint accounts.
ILLUSTRATION: Juan Dela Cruz maintains the following accounts with XYZ Bank.

Account Name Type of Deposit Balance


Juan Dela Cruz Savings P600,000
Juan Dela Cruz AND Maria Dela Cruz Demand P500,000
Juan Dela Cruz OR Pedro Dela Cruz Time P800,000
How much is the total insured and uninsured deposit of
Juan Dela Cruz?
Account Name Type of Deposit Balance Insured Uninsured
Juan Dela Cruz Savings P600,000 P500,000 P100,000
Juan Dela Cruz AND Maria Dela Cruz Demand P500,000 P250,000 P -0-
Juan Dela Cruz OR Pedro Dela Cruz Time P800,000 P250,000 P150,000
P1,000,000 P250,000

If Juan had another joint account with Jose, the balance of which is P500,000, how
much is the total insured and uninsured deposit of Juan Dela Cruz?

ANSWER: Juan Dela Cruz share of the balance will be P250,000, but there is no more
insurance coverage for Juan since he already exhausted the P500,000 insurance
coverage with the first two joint accounts under 1 above.
END OF ILLUSTRATIONS
THANKS

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