REPUBLIC ACT No. 7353
AN ACT PROVIDING FOR THE CREATION, ORGANIZATION AND
OPERATION OF RURAL BANKS, AND FOR OTHER PURPOSES
Section 1
This Act shall be known and cited as the "Rural Banks Act of 1992"
Section 2
The State hereby recognizes the need to promote comprehensive rural
development with the end in view of attaining a more equitable distribution of
opportunities, income and wealth, a sustained increase in the amount of goods
and services produced by the nation for the benefit of the people; and in
expanding productivity as a key to raising the quality of life for all,
especially the underprivileged.
Towards these ends, the State hereby encourages and assists in the
establishment of a rural banking system designed to make needed credit
available and readily accessible in the rural areas on reasonable terms.
Section 3
In furtherance of this policy, the Monetary Board of the Central Bank
of the Philippines shall formulate the necessary rules and regulations
governing the establishment and operation of farmers and merchants, or to
cooperatives of such farmers and merchants and, in general, to the people of
the rural communities, and to supervise the operation of such banks.
Section 4
No rural bank shall be operated without a Certificate of Authority from
the Monetary Board of the Central Bank. Rural banks shall be organized in the
form of stock corporations. Upon consultation with the rural banks in the area,
duly established cooperatives and corporations primarily organized to hold
equities in rural banks may organize a rural bank and/or subscribe to the
shares of stock of any rural bank: provided, that a cooperative or corporation
owning or controlling the whole or majority of the voting stock of the rural
bank shall be subject to special examination and to such rules and regulations
as the Monetary Board may prescribe. With the exception of shareholdings of
corporations organized primarily to hold equities in rural banks as provided for
under Section 12-C of Republic Act No. 337, as amended, and of
Filipino-controlled domestic banks, the capital stock of any rural bank shall
be fully owned and held directly or indirectly by citizens of the Philippines
or corporations, associations or cooperatives qualified under Philippine laws
to own and hold such capital stock: provided, that any provisions of existing
laws to the contrary notwithstanding, stockholdings in a rural bank shall be
exempt from any ownership ceiling for a period of ten (10) years from the
approval of this Act: provided, further, that any such exemption shall require
the approval of the Monetary Board. If subscription of private shareholders to
the capital stock of a rural bank cannot be secured or is not available, or insufficient
to meet the normal credit needs of the locality, the Land Bank of the
Philippines, the Development Bank of the Philippines, or any government-owned
or controlled bank or financial institution, on representation of the said
private shareholders but subject to the investment guidelines, policies and
procedures of the bank of financial institution and upon approval of the
Monetary Board of the Central Bank, shall subscribe to the capital stock of
such rural bank, which shall be paid in full at the time of subscription, in an
amount equal to the fully paid subscribed and unimpaired, capital of the
private stockholders or such amount as the Monetary Board may prescribe as may
be necessary to promote and expand rural economic development: provided, however,
that such shares of stock subscribed by the Land Bank of the Philippines, the
Development Bank of the Philippines or any government-owned or controlled bank
or financial institution may be sold at any time at market value to private
individuals who are citizens of the Philippines: provided, finally, that in the
sale of shares of stock subscribed by the Land Bank of the Philippines, the
Development Bank of the Philippines or any government-owned or controlled bank
or financial institution, the registered stockholders shall have the right of
preemption within one (1) year from the date of offer in proportion to their
respective holdings, but in the absence of such buyer, preference, however,
shall be given to residents of the locality or province where the rural bank is
located.
Section 5
All members of the Board of Directors of the rural bank shall be
citizens of the Philippines at the time of their assumption to office:
provided, however, that nothing in this Act shall be construed as prohibiting
any appointive or in any capacity in the bank.
No director or officer of any rural bank shall, either directly or
indirectly, for himself or as the representative or agent of another, borrow
any of the deposits or funds of such banks, nor shall he become a guarantor, endorser,
or surety for loans from such bank to others, or in any manner be an obligor
for money borrowed from the bank or loaned by it except with the written
approval of the majority of the directors of the bank, excluding the director
concerned. Any such approval shall be entered upon the records of the
corporation and a copy of such entry shall be transmitted forthwith to the
appropriate supervising department. The director/officer of the bank who
violates the provisions of this section shall be immediately dismissed from his
office and shall be penalized in accordance with Sec. 26 of this Act.
The Monetary Board may regulate the amount of credit accommodations
that may be extended directly to the directors, officers or stockholders of
rural banks of banking institutions. However, the outstanding credit
accommodations which a rural bank may extend to each of its stockholders owning
two percent (2%) or more of the subscribed capital stock, its directors, or
officers shall be limited to an amount equivalent to the respective outstanding
deposits and book value of the paid-in capital contributions in the bank.
Section 6
Loans or advances extended by rural banks organized and operated under
this Act shall be primarily for the purpose of meeting the normal credit needs
of farmers, fishermen or farm families owning or cultivating land dedicated to
agricultural production as well as the normal credit needs of cooperatives and
merchants. In the granting of loans, the rural bank shall give preference to
the application of farmers and merchants whose cash requirements are small.
Loans may be granted by rural banks on the security of lands without
Torrens Title where the owner of private property can show five (5) years or
more of peaceful, continuous and uninterrupted possession in concept of owner;
or of portions of friar land estates or other lands administered by the Bureau
of Lands that are covered by sales contracts and the purchasers have paid at
least five (5) years installment thereon, without the necessity of prior
approval and consent by the Director of Lands, or of portions of other estates
under the administration of the Department of Agrarian Reform or other
governmental agency which are likewise covered by sales contracts and the
purchasers have paid at least five (5) years installment thereon, without the
necessity of prior approval and consent of the Department of Agrarian Reform or
corresponding governmental agency; or of homesteads or free patent lands
pending the issuance of titles but already approved, the provisions of any law
or regulations to the contrary notwithstanding: provided, that when the
corresponding titles are issued, the same shall be delivered to the Register of
Deeds of the province where such lands are situated for the annotation of the
encumbrance: provided, further, that in the case of lands pending homestead or
free patent titles, copies of the notices for the presentation of the final
proof shall also be furnished the creditor rural bank and, if the borrower
applicants fail to present the final proof within thirty (30) days from date of
notice, the creditor rural bank may do so for then at their expense: provided,
furthermore, that the applicant for homestead or free patent has already made
improvements on the land and the loan applied for is to be used for further
development of the same or for other productive economic activities: provided,
finally, that the appraisal and verification of the status of a land is a full
responsibility of the rural bank and any loan granted on any land which shall be
found later to be within the forest zone shall be for the sole account of the
rural bank.
The foreclosure of mortgages covering loans granted by rural banks and
executions of judgment thereon involving real properties levied upon by sheriff
shall be exempt from the publications in newspapers now required by law where
the total amount of loan, excluding interests due and unpaid, does not exceed
One Hundred thousand Pesos (P100,000) or such amount as the Monetary Board may
prescribe as may be warranted by prevailing economic conditions. It shall be
sufficient publication in such cases if the notices of foreclosure and
execution of judgment are posted in the most conspicuous area of the municipal
building, the municipal public market, the rural bank, the barangay hall, and
the barangay public market, if any, where the land mortgaged is situated during
the period of sixty (60) days immediately preceding the public auction or
execution of judgment. Proof of publication as required herein shall be
accomplished by an affidavit of the sheriff or officer conducting the
foreclosure sale or execution of judgment and shall be attached with the
records of the case: provided, that when a homestead or free patent is
foreclosed, the homesteader or free patent holder, as well as his heirs shall
have the right to redeem the same within one (1) year from the date of
foreclosure in the case of land not covered by a Torrens Title or one (1) year
from the date of the registration of the foreclosure in the case of land
covered by a Torrens Title: provided, finally, that in any case, borrowers,
especially those who are mere tenants, need only to secure their loans with the
procedure corresponding to their share.
A rural bank shall be allowed to foreclosure lands mortgaged to it; Provided,
that said lands shall be covered under Republic Act No. 6657.
Section 7
With the view to ensuring the balanced rural economic growth and
expansion, rural banks may, within limits and conditions fixed by the Monetary
Board, devote a portion of their loanable funds to meeting the normal credit
needs of small business enterprises; Provided, that loans shall not exceed
fifteen percent (15%) of the net worth of a rural bank or such amount as the
Monetary Board may prescribe as may be warranted by prevailing economic
conditions, and of essential enterprises or industries, other than those which
are strictly agricultural in nature.
Section 8
To provide supplemental capital to any rural bank until it has
accumulated enough capital of its own or stimulate private investments in rural
banks, the Land Bank of the Philippines, the Development Bank of the
Philippines or any government-owned or controlled bank or financial institution
shall subscribe within thirty (30) days to the capital stock of any rural bank
from time to time in an amount equal to the total equity investment of the
private shareholders which shall be paid in full at the time of the
subscription or such amount as may be necessary to promote and expand rural
economic development: provided, however, that shares of stock issued to the
Land Bank of the Philippines, the Development Bank of the Philippines or any
government-owned or controlled bank or financial institution, may, pursuant to
this section, at any time, be paid off at par and retired in whole or in part
if the rural bank has accumulated enough capital strength to permit retirement
of such shares, or if an offer is received form private sources to replace the
equity investment of the Land Bank of the Philippines, the Development Bank of
the Philippines or any government owned or controlled bank or financial
institution with an equivalent investment or more in the equity of such bank.
In case of retirement of stock or replacement of equity investments of the Land
Bank of the Philippines, the Development Bank of the Philippines or of any
government-owned or controlled bank or financial institution, the registered
private shareholders of the rural bank shall have the right of preemption
within one (1) year from the date of offer in proportion to their respective
holdings.
Stocks held by the Land Bank of the Philippines, the Development Bank
of the Philippines or by any government-owned or controlled bank or financial
institution, under the terms of this section, shall be made preferred only as
to assets upon liquidation and without the power to vote and shall share in
dividend distributions from the date of issuance in the amount of four percent
(4%) on the first and second years, six percent (6%) on the third and fourth
years, eight percent (8%) on the fifth and sixth years, ten percent (10%) on
the seventh and eighth years and twelve percent (12%) on the ninth to the
fifteenth years without preference; Provided, however, that if such stock of
the Land Bank of the Philippines, the Development Bank of the Philippines or
any government owned or controlled bank or financial institution is sold to
private shareholders, the same may be converted into common stock of the class
provided for in Section 10 hereof: provided, further, that pending the
amendment of the Articles of Incorporation of the rural bank, if necessary, for
the purpose of reflecting the conversion into common stock of preferred stock
sold to private stockholders, the transfer shall be recorded by the rural bank
in the stock and transfer book and such shareholders shall thereafter enjoy all
the rights and privileges of common stockholders. The preferred stocks so
transferred shall be surrendered and cancelled and the corresponding common
stocks shall be issued.
The corporate secretary of the rural bank shall submit to the Central
Bank and the Securities and Exchange Commission a report on every transfer of
preferred stock to private shareholders, and such report received by the
Securities and Exchange Commission shall form part of the corporate records of
the rural bank. When all the preferred shares of stock of rural bank have been
sold to private shareholders, the Articles of Incorporation of the rural bank
shall be amended to reflect the conversion of the preferred shares of stock
into common stock. For this purpose, the President, the corporate secretary,
and a majority of the Board of Directors shall issue a certificate that all
preferred shares have been sold to private shareholders which, together with a
copy of the Articles of Incorporations, as amended, and a majority of the Board
of Directors, shall be filed with the Securities and Exchange Commission, which
shall attach the same to the original Articles of Incorporation on file with
said office.
The Securities and Exchange Commission shall not register the amended
Articles of Incorporation unless accompanied by the Certificate of Authority
required under Sec. 9 of Republic Act No. 337, as amended.
All supervised past due and restructured past due loans, including
those covered under existing rehabilitation programs of the Central Bank, and
fifty percent (50%) of non-supervised past due and restructured past due loans
including accrued interest thereon of rural banks organized under Republic Act
No. 720, as amended, as of December 31, 1986, shall be converted into preferred
stocks of the rural bank and issued in favor of the Land Bank of the
Philippines, the Development Bank of the Philippines or any government-owned or
controlled bank or financial institution: provided, that penalties thereon are
hereby waived except accrued interest on arrearages: provided, further, that
the equivalent penalties due from corresponding farmers are likewise waived:
provided, further, that rural banks that prefer to settle their arrearages
under a plan of payment or a combination of both plan of payment and conversion
may do so in accordance with existing regulations and provisions of this Act:
provided, furthermore, that rural banks shall match these preferred stocks with
private equity in equal annual installments over a period of fifteen (15) years
to begin three (3) years after conversion; Provided, finally, that the Central
Bank, the Land Bank of the Philippines, the Development Bank of the Philippines
and any government-owned or controlled bank or financial institution shall
continue to rediscount subject to their respective programs, policies and
guidelines against papers evidencing a loan granted by a rural bank in order to
achieve the declared policy and promote the objectives of this Act.
Section 9
The Land Bank of the Philippines, the Development Bank of the
Philippines or any government-owned or controlled bank or financial institution
may obtain from any source as may be authorized under existing laws and
regulations such amounts as it may require for the purpose of subscribing to
the shares of stock of rural banks, and of granting loans to such banks as
provided in Section 13 of this Act.
Section 10
Stock certificates shall be issued to represent the contributions to
capital stock of the rural bank by the Government through the Land Bank of the
Philippines, the Development Bank of the Philippines or any government-owned or
controlled bank or financial institution, and by qualified persons under such
terms and conditions as the Monetary Board may prescribe. The powers of the
Monetary Board over rural banks shall extend to prescribing the amount, value
and class of stock issued by any rural bank, organizing under this Act.
Section 11
The power to supervise the operation of any rural bank by the Monetary
Board as herein indicated shall consist in placing limits to the maximum credit
allowed to any individual borrower; in prescribing the interest rate, in
determining the loan period and loan procedures, in indicating the manner in
which technical assistance shall be extended to rural banks, in imposing a
uniform accounting system and manner keeping the accounts and records of rural
banks; in instituting periodic surveys of loan and lending procedures, audits,
test-check of cash and other transactions of the rural banks; in conducting
training courses for personnel of rural banks; and, in general, in supervising
the business operations of the rural banks.
The Central Bank shall have the power to enforce the laws, orders,
instructions, rules and regulations promulgated by the Monetary Board,
applicable to rural banks; to require rural banks, their directors, officers
and agents to conduct and manage the affairs of the rural banks in a lawful and
orderly manner; and, upon proof that the rural bank or its Board of Directors,
or officers are conducting and managing the affairs of the bank in a manner
contrary to laws, orders, instructions, rules and regulations promulgated by
the Monetary Board or in a manner substantially prejudicial to the interest of
the Government, depositors or creditors, to take over the management of such
bank when specifically authorized to do so by the Monetary Board after due
hearing process until a new board of directors and officers are elected and
qualified without prejudice to the prosecution of the persons responsible for
such violations under the provisions of Sections 32, 33 and 34 of Republic Act
No. 265, as amended.
The management of the rural bank by the Central Bank shall be without
expense to the rural bank, except such as is actually necessary for its
operation, pending the election and disqualification of a new board of
directors and officers to take place of those responsible for the violations or
acts contrary to the interest of the Government, depositors or creditors.
The director and the examiners of the department of the Central Bank
charged with the supervision of rural banks are hereby authorized to administer
oaths to any director, officer or employee of any rural bank or to any
voluntary witness and to compel the presentation of all books, documents,
papers or records necessary in his or their judgment to ascertain the facts
relative to the true condition of any rural bank or to any loan.
Section 12
In addition to the operations specifically authorized in this Act, any
rural bank may;
(a) Accept savings and time deposits;
(b) Open current or checking accounts, provided the
rural bank has net assets of at least Five Million pesos (P5,000,000) subject
to such guidelines as may be established by the Monetary Board;
(c) Act as correspondent for other financial
institutions;
(d) Act as a collection agent;
(e) Act as official depository of municipal, city or
provincial funds in the municipality, city or province where it is located,
subject to such guidelines as may be established by the Monetary Board.
(f) Rediscount paper with the Philippine National Bank,
the Land Bank of the Philippines, the Development Bank of the Philippines or
any banking institution, including its branches and agencies. Said institution
shall specify the nature of paper deemed acceptable for rediscount, as well as
the rediscount rate to be charged by any of these institutions;
(g) Offer other banking services as provided in Sec. 72
of Republic Act No. 337, as amended; and
(h) Extend financial assistance to private and public
employees in accordance with the provisions of Sections 5 or Republic Act No.
3779, as amended.
With written permission of the Monetary Board of the Central Bank, any
rural bank may act as trustee over estates or properties of farmers and
merchants;
Nothing in this section shall be construed as precluding a rural bank
from performing, with prior approval of the Monetary Board, all the services
authorized for savings and mortgage banks, or for commercial banks, under
Republic Act No. 337, as amended, or from operating under an expanded authority
as provided in Sec. 21-B of the same Act.
Section 13
Subject to such guidelines as may be established by the Monetary Board,
rural banks may invest in equities of allied undertakings as hereinafter
enumerated: provided, that: (a) the total investment to equities shall not
exceed twenty-five percent (25%) of the net worth of the rural bank; (b) the
equity investment in any single enterprise shall be limited to fifteen percent
(15%) of the net worth of the rural bank; and (c) the equity investment of the
rural bank in any single enterprise shall remain a minority holding in that
enterprise: provided, further, that equity investment shall not be permitted in
non-related activities;
Allied undertakings shall include;
(a) Banks, financial institutions and non-bank financial
intermediaries;
(b) Warehousing and other post-harvest facilities;
(c) Fertilizer and agricultural chemical and pesticides
distribution;
(d) Farm equipment distribution;
(e) Trucking and transportation of agricultural
products;
(f) Marketing of agricultural products;
(g) Leasing; and
(h) Other undertakings as may be determined by the
Monetary Board.
Section 14
The Land Bank of the Philippines, the Development Bank of the
Philippines or any government-owned or controlled bank or financial institution
shall within sixty (6) days of certification of the Monetary Board, which shall
be final, extend to a rural bank a loan or loans from time to time repayable in
ten (10) years, with concessional rates of interest, against security which may
be offered by any stockholder or stockholders of the rural bank: provided:
(a) That the Monetary Board is convinced that the
resources of the rural bank are inadequate to meet the legitimate credit
requirements of the locality wherein the rural bank is established;
(b) That there is a dearth of private capital in the
said locality; and
(c) That it is not possible for the stockholders of the
rural bank to increase the paid-up capital thereof.
Section 15
All rural banks created and organized under the provisions of this Act
shall be exempt from the payment of all taxes, fees and charges of whatever
nature and description, except the corporate income tax and local taxes, fees
and charges, for a period of five (5) years from the date of commencement of
operations.
All rural banks in operation as of the date of approval of this Act
shall be exempt from the payment of all taxes, fees and charges of whatever
nature and description, except the corporate income tax and local taxes, fees
and charges, for a period of five (5) years from the approval of this Act.
Section 16
In an emergency or when a financial crisis is imminent, the Central
Bank may give a loan to any rural bank against assets of the rural bank which
may be considered acceptable by a concurrent vote of a least four (4) members
of the Monetary Board.
In normal times, the Central Bank may rediscount against paper
evidencing a loan granted by a rural bank to any of its customers which can be
liquefied within a period of three hundred sixty (360) days; Provided, however,
that for the purpose of implementing a nationwide program of agricultural and
industrial development, rural banks are hereby authorized, under such terms and
conditions as the Central Bank shall prescribe, to borrow, on a medium or
long-term basis, funds that the Central Banks or any other government financing
institution shall borrow from the Development Bank of the Philippines or other
international or foreign-lending institutions for the specific purpose of
financing the above stated agricultural and industrial program. Repayment of
loans obtained by the Central Bank of the Philippines or any other
government-financing institution form said foreign lending institutions under
this section shall be guaranteed by the Republic of the Philippines.
Section 17
Deposits of rural banks with government-owned or controlled financial
institutions like the Land Bank of the Philippines, the Development Bank of the
Philippines, and the Philippine National Bank are exempted from the Single
Borrower's Limit imposed by the General Banking Act.
In areas where there are no government banks, rural banks may deposit
in private banks more than the amount prescribed by the Single Borrower's
Limit, subject to Monetary Board regulations.
Section 18
To encourage consolidation and mergers of rural banks, there are five
(5) or more rural banks within the region that merge and consolidate within
three (3) years from the enactment of this Act, the merged or consolidated
entity will be given the following incentives for a period of seven (7) years.
(a) Its deposit liabilities shall be subjected to only
one third (1/3) of reserves normally required for rural banks.
(b) Its reserve requirement can all be maintained under
interest-bearing government securities but kept unencumbered with government
financial institutions or the Central Bank; and
(c) It shall have unrestricted branching right within
the region, free from any assessment or surcharges required in setting up a
branch but under coordination with the Central Bank which will have to assess
that there are qualified personnel, control and procedures to operate the
branch.
Section 19
The Central Bank of the Philippines shall extend technical assistance
to any rural bank in the process of organization or during the course of
operations whenever it is requested to do so or whenever the Monetary Board
deems it necessary to preserve, protect and promote the objectives of this Act;
Provided, however, that said assistance shall be without cost or obligation on
the part of the rural bank.
Section 20
Any city of municipal trial court judge in his capacity as notary
public ex officio shall administer the oath or acknowledge the instruments of
any rural bank and its borrowers or mortgagors, free from all charges, fees and
documentary stamp tax, collectible under existing laws, relative to any loan or
transaction not exceeding Fifty thousand pesos (P50,000) or such amount as the
Secretary of Finance, upon recommendation of the Monetary Board may prescribe
as may be necessary to promote and expand the rural economy.
Section 21
Any register of Deeds shall accept from any rural bank and its
borrowers and mortgagors for registration, free from all charges, fees and
documentary stamp tax, collectible under existing laws, any instrument, whether
voluntary or involuntary, relating to loans or transaction extended by a rural
bank in an amount not exceeding Fifty thousand pesos (P50,000); Provided,
however, that charges, if any, shall be collectible on the amount in excess of
Fifty thousand pesos (P50,000); and that in instruments related to assignments
of several mortgages consolidated in a single deed, if any, shall be levied
only on the amount in excess of Fifty thousand pesos (P50,000) of the
consideration in the assignment of each mortgage, or such amount as the
Secretary of Finance, upon recommendation of the Monetary Board, may prescribe
as may be necessary to promote and expand the rural economy.
Section 22
Any rural bank organized under this Act may, pursuant to regulations
promulgated for the purpose by the Monetary Board, be required to contribute to
the Central Bank an annual fee to help defray the cost of maintaining the
appropriate supervising department within the Central Bank in an amount to be
determined by the Monetary Board but in no case to exceed one fortieth of one
percent (1/40 of 1%) of its average total assets during the preceding years, as
shown on its end-of-month balance sheets, after deducting its cash on hand and
amounts due from banks, including the Central Bank.
Section 23
Every individual acting as officer or employee of a rural bank and
handling funds or securities amounting to Five thousand pesos (P5,000) or more,
in any one (1) year, shall be covered by an adequate bond as determined by the
Monetary Board; and the bylaws of the rural bank may also provide for the
bonding of other employees or officers of rural banks.
Section 24
For the purpose of carrying out the objectives of this Act, the Central
Bank is authorized to require the services and facilities of any department or
instrumentality of the Government or any officer or employee of any such
departments or government instrumentality.
Section 25
Rural banks organized and operated under the provisions of this Act
shall act as agents of the Philippine National Bank, The Land Bank of the
Philippines, the Development Bank of the Philippines in places where these have
no offices, subject to accreditation guidelines.
Section 26
Without prejudice to any prosecution under any law which may have been
violated, a fine of not more than Ten thousand pesos (P10,000), or imprisonment
for not less than six (6) months but more than ten (10) years, or both, at the
discretion of the court, shall be imposed upon.
(a) Any officer, employee, or agent of a rural bank who
shall:
(1) Make false entries in any bank report or statement
thereby affecting the financial interest of, or causing damage to, the bank or
any person; or
(2) Without order of a court of competent jurisdiction,
disclose any information relative to the funds or properties in the custody of
the bank belonging to private individuals, corporations, or any other entity;
or
(3) Accept gifts, fees or commission or any other form
of remuneration in connection with the approval of a loan from said bank; or
(4) Otherwise or aid in overvaluing any security for the
purpose of influencing in any way of the action of the bank on any loan; or
(5) Appear and sign as guarantor, endorser, or surety
for loans granted; or
(6) Violate any of the provisions of this Act.
(b) Any applicant for a loan from, or borrower of a
rural bank who shall:
(1) Misuse, misapply, or divert the proceeds of the loan
obtained by him from its declared purpose; or
(2) Fraudulently overvalue property offered as security
for a loan from said bank; or
(3) Give out or furnish false or willful
misrepresentation of material facts for the purpose of obtaining, renewing, or
increasing a loan or extending the period thereof; or
(4) Attempt to defraud the said bank in the event of
court action to recover a loan; or
(5) Offer any officer, employee or agent of a rural bank
as a gift, fee, commission or other form of compensation in order to influence
such bank personnel into approving a loan application; or
(6) Dispose or encumber the property or the crops
offered as security for the loan.
(c) Any examiner, or officer or employee of the Central
Bank of the Philippines or of any department, bureau, office, branch or agency
of the Government who is assigned to examine, supervise, assist or render
technical service to rural banks and who shall connive or aid in the commission
of the same.
Section 27
Any municipal trial court judge or register of deeds who shall demand
or accept, directly or indirectly, any gift, fee, commission or other form of
compensation in connection with the service, or shall arbitrarily or without
reasonable cause delay the acknowledgment or administration of oath or the
registration of documents required to be performed by said judge as provided in
Sec. 20 and by said register of deeds as provided in Sec. 21 of this Act, shall
be punished by a fine of not more than One thousand pesos (P1,000) or by
imprisonment for not more than one (1) year, or both, at the discretion of the
court.
Section 28
Any bank not organized under this Act and any person, association, or
corporation doing the business of banking, not authorized under this Act which
shall use the words "Rural Bank" as part of the name or title of such
bank or of such person, association, or corporation, shall be punished by a
fine of not less than Fifty pesos (P50) for each day during which said words are
so used.
Section 29
The Monetary Board of the Central Bank shall submit a report to the
Congress of the Philippines as of the end of each calendar year of all the
rules and regulations promulgated by it in accordance with the provisions of
this Act, as well as its other actuations in connection with rural banks,
together with an explanation of its reasons therefore.
Section 30
If any provision or section of this Act or the application thereof to
any person or circumstances is held invalid, the other provisions of sections
of this Act, and the application of such provision or section to other persons
or circumstances, shall not be affected thereby.
Section 31
Republic Act No. 720, as amended, is hereby repealed. The provisions of
Republic Act No. 265, as amended, and Republic Act No. 337, as amended, insofar
as they are applicable and not in conflict with any provision of this Act, are
hereby made a part of this Act.
Section 32
This act shall take effect upon its approval.
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