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REPUBLIC ACT No. 265 (part 3)


CHAPTER IV
INSTRUMENTS OF CENTRAL BANK ACTION


ARTICLE I
General Criteria


Section 71
Means of action

In order to achieve the international and domestic objectives of the national monetary policy, the Monetary Board shall rely on its moral influence, the powers granted to it under this Act for the regulation of money, credit and exchange, and the support and cooperation of the Government and all its agencies.


ARTICLE II
Operations in Gold and Foreign Exchange


Section 72
Purchases and sales of gold

The Central Bank may buy and sell gold in any form, subject to such regulations as the Monetary Board may issue.

The Monetary Board may at any time require that any gold held by any person or entity under the jurisdiction of the Philippines be delivered to the Central Bank or to any banks or other agents contracted or engaged by the Central Bank for the purpose. The Monetary Board may also impose conditions under which gold in any shape or form may be acquired and held, transported, melted or treated, imported, exported, earmarked or held in custody for foreign or domestic account.

The purchases and sales of gold authorized by this section shall be made in national currency and at rates which do not differ from the par value of the peso by more than the margins established by the International Monetary Fund.


Section 73
Purchases and sales of foreign exchange

The Central Bank may buy and sell foreign notes and coins, and documents and instruments of types customarily employed for the international transfer of funds. The Bank may engage in future exchange operations.

The Central Bank may engage in foreign exchange transactions with the following entities only:

(a) Banking institutions operating in the Philippines;

(b) The Government, its political subdivisions and instrumentalities;

(c) Foreign or international financial institutions; and

(d) Foreign governments and their instrumentalities.

In order to maintain the convertibility of the peso, the Central Bank, shall, 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.

The Central Bank shall effect its exchange transactions between foreign currencies and the Philippine peso at the rates determined in accordance with the provisions of section 76.


Section 74
Emergency restrictions on exchange operations

Notwithstanding the provisions of the third paragraph of the preceding section, in order to protect the international reserve of the Central Bank during an exchange crisis and to give the Monetary Board and the Government time in which to take constructive measures to combat such a crisis, the Monetary Board, with the concurrence of at least five of its members, and with the approval of the President of the Philippines, may temporarily suspend or restrict sales of exchange by the Central Bank and may subject all transactions in gold and foreign exchange to license by the Central Bank. The adoption of the emergency measures authorized in this section shall be subject to any executive and international agreements to which the Republic of the Philippines is a party.


Section 75
Acquisition of inconvertible currencies

The Central Bank shall avoid the acquisition and holding of currencies which are not freely convertible, and may acquire such currencies in an amount exceeding 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 Central Bank of foreign exchange which is not freely utilizable in the international market.


Section 76
Exchange rates

The Monetary Board shall determine the rates at which the Central Bank shall buy and sell spot exchange, but said rates shall not differ by more than one-half of one per cent from the legal parities established in section 50, unless in any given case a greater divergence from the legal parity exists in foreign markets. The Central Bank shall not collect any additional commissions or charges of any sort, other than actual telegraphic or cable costs incurred by it.

The Monetary Board shall similarly determine the rates for other types of foreign exchange transactions by the Central Bank, including purchases and sales of foreign notes and coins, but the margins between the legal parities 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 transaction.


Section 77
Revaluation profits and losses on Central Bank's international assets

The profits or losses arising from any revaluation of the Central Bank's net assets or liabilities in gold or foreign currencies as a result of changes in the gold value of the peso, or of changes in the parities or exchange rates of foreign currencies with respect to the Philippine peso, shall be distributed in the manner provided in section 44 of this Act.


Section 78
Operations with foreign entities

The Central Bank of the Philippines may 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 Central Bank may also act as agent or correspondent for such entities.

The Central Bank may pledge any gold or other assets which it possesses as security against loans which it receives from foreign or international entities.


ARTICLE III
Regulation of Foreign Exchange Operations of the Banks


Section 79
Rates applicable to purchases and sales of exchange by the banks

The Monetary Board shall determine the minimum and maximum rates at which the banks may buy spot exchange, and the maximum and minimum rates at which they may sell spot exchange, but the rates thus established for each currency shall not differ from the respective legal parity by more than one per cent, unless in any given case a greater divergence from parity exists in foreign markets. The banks shall not collect any additional commissions or charges other than actual telegraphic or cable costs incurred by them.

The rates to be used by the banks for other types of exchange transactions shall be based on their spot exchange rates and shall not differ from such rates by margins greater than those considered reasonable by the Monetary Board: Provided, however, That the Board may at any time specifically fix such margins. The Monetary Board shall issue such rules and regulations as may be necessary to implement the provisions of this paragraph.

The rates established in accordance with the provisions of this section shall not apply to exchange transactions with the Central Bank. Such transactions shall be made at the rates established in accordance with the provisions of section 76 of this Act.


Section 80
Foreign exchange holdings of the banks

In order that the Central Bank 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 Central Bank 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 76 of this Act.

For the purposes of this Act, surplus holdings of any foreign currency shall be defined as the amount by which a bank's assets in the currency exceed the sum of the working balance required to accommodate normal short run fluctuations between the bank's sales and purchases of said currency and the total liabilities of the bank in the currency: Provided, however, That in calculating surplus holdings in any given currency, a bank may, at the discretion of the Monetary Board, subtract from its net assets in that currency an amount equal to any net liabilities of the bank in other currencies into which said currency is freely convertible.

The Monetary Board may stipulate that the working balance to which reference is made in the preceding paragraph shall not exceed a specified proportion of the average daily sales of the respective currency by the bank to entities other than the Central Bank during the preceding month. Any proportion thus established by the Monetary Board, and any requirement to transfer foreign exchange to the Central Bank, shall be applied to all banks alike and without discrimination.


Section 81
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 82
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 83
Revaluation profits and losses on bank's holdings of gold and foreign exchange

Any revaluation profits realized or losses suffered by the banks on their net assets or liabilities in gold or freely convertible foreign currencies as a result of changes in the par value of the peso, in the legal parities between the Philippine peso and such foreign currencies, or in the Central Bank's exchange rates for such currencies, shall be for the account of the Central Bank in their entity.

The Monetary Board may at any time declare that revaluation profits or losses on bank's net holdings of any foreign currency other than those included under the provisions of the first paragraph of this section shall also be for the account of the Central Bank until such time as the Board gives notice to the contrary. Said notice shall be communicated to the banks at least eight days before the date on which the revaluation risks cease to be for the account of the Central Bank, however, and shall apply only on acquisitions of the specified foreign currency subsequent to said date. The Board shall issue appropriate regulations to restrain the banks from increasing their holdings of the specified currency during the period from the date of the notice to the date on which it becomes effective.

The Monetary Board shall issue such rules and regulations as may be necessary to administer the provisions of this section.


Section 84
Other exchange 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 Central Bank under the provisions of the preceding section.


Section 85
Information on exchange operations

The banks shall report to the Central Bank of the Philippines the volume and composition of their purchases and sales of gold and foreign exchange each day, and must furnish such additional information as the Central Bank 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. The Monetary Board shall prescribe the forms on which such declarations must be made. The accuracy of the declarations may be verified by the Central Bank by whatever inspection it may deem necessary.



ARTICLE IV
Loans to Banking Institutions


A.     THE CREDIT POLICY OF THE CENTRAL BANK


Section 86
Guiding principle

The rediscounts, discounts, loans and advances which the Central Bank is authorized to extend to banking institutions under the provisions of the present article of this Act shall be used to regulate the volume, costs, availability and character of bank credit and to provide the banking system with liquid funds in times of need.

In the periods of inflation, or as long as inflationary dangers exist, the Central Bank shall refrain from extending credit to banks and at such times shall grant credit only in exceptional cases where special circumstances justify a deviation from the principle stated herein.

Conversely, whenever the national monetary policy requires an expansion of the money supply, the Central Bank shall make full use of the credit operations authorized under the present article of this Act.


B.      NORMAL CREDIT OPERATIONS


Section 87
Authorized types of operations

Subject to the principles stated in the preceding section of this Act, the Central Bank may normally and regularly carry on the following credit operations with banking institutions operating in the Philippines:

(a)  Commercial credits

The Central Bank may rediscount, discount, buy and sell bills, acceptances, promissory notes and other credit instruments with maturities of not more than 180 days from the date of their rediscount, discount or acquisition by the Central Bank and resulting from transactions related to:

(1) The importation, exportation, purchase or sale of readily salable goods and products, of 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 Central Bank may rediscount, discount, buy and sell bills, acceptances, promissory notes and other credit instruments having maturities of not more than 270 days from the date of their rediscount, discount or acquisition by the Central Bank 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.

(c) Advances

The Central Bank may grant advances against the following kinds of collateral for fixed periods which, with the exception of advances against the collateral named in clause (4) of the present subsection, shall not exceed 180 days:

(1) Gold coins or bullion;

(2) Securities representing obligations of the Central Bank 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 270 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 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 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 (c) of this section may not exceed 80 per cent of the current market value of the collateral.


C.      EXTRAORDINARY CREDIT OPERATIONS


Section 88
Loans to mortgage institutions

Under special circumstances in which the Monetary Board considers it advisable to promote or facilitate the lending operations, or certain classes thereof, of savings bank, building and loan associations, or of the Rehabilitation Finance Corporation, the Central Bank may grant loans or advances with maturities of not more than one year to said institutions against pledge or assignment of payments, installments or amortizations of their borrowers coming due within the twelve months from the date of the granting of such loans or advances, and in an amount not exceeding forty per cent of the payments, installments or amortizations pledged or assigned: Provided, however, That the Central Bank shall not make such loans or advances whenever such action would aggravate or contribute to inflationary tendencies existing in the economy.

In granting loans and advances under this section, the Central Bank shall first ascertain that the payments, installments and amortizations to be pledged or assigned to it are in no case currently in arrears and that said payments, installments and amortizations are related to credit operations which in every case are adequately secured by mortgages. Said mortgages shall be assigned to the Central Bank.


Section 89
Extension of maturities

Whenever, in the opinion of the Monetary Board, a deflationary situation exists which requires special expansionary credit measures, the Central Bank may extend the maximum maturities of new credit operations granted under the provisions of subsections (a), (b) and (c) of section 87 to periods not exceeding one year.


D.     EMERGENCY CREDIT OPERATIONS


Section 90
Emergency loans and advances

In periods of emergency or of imminent financial panic which directly threaten monetary and banking stability, the Central Bank may grant banking institutions extraordinary advances secured by any assets which are defined as acceptable security by a concurrent vote of at least five members of the Monetary Board. While such advances are outstanding, the debtor institution may not expand the total volume of its loans or investments without the prior authorization of the Monetary Board.


E.      CREDIT TERMS


Section 91
Interest and rediscount rates

The Monetary Board shall fix the interest and rediscount rates to be charged by the Central Bank 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 Central Bank's portfolio, and the general requirements of the national monetary policy.


Section 92
Endorsement

The documents rediscounted, discounted, bought or accepted as collateral by the Central Bank in the course of the credit operations authorized in this article must bear the endorsement of the institution for which they are received.


Section 93
Repayment of credits

Documents rediscounted, discounted or accepted as collateral by the Central Bank 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 Central Bank as collateral, upon payment in full of the corresponding debt to the Bank, including interest charges.


Section 94
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 Central Bank. These conditions may refer to the rates 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.


ARTICLE V
Credit Operations with the Government


Section 95
Provisional advances to the Government

The Central Bank may make direct provisional advances to the Government or to any of its political subdivisions to finance expenditures authorized in the annual appropriations of the borrowing entity: Provided, That said advances must be repaid before the end of the first quarter following the end of the fiscal year of the Government or political subdivision and shall not, in their aggregate, exceed fifteen per cent of the average annual income of the borrower for the last three preceding years.


ARTICLE VI
Open Market Operations for the Account of the Central Bank


Section 96
Principles of open market operations

The open market purchases and sales of securities by the Central Bank shall be made exclusively for the purpose of achieving the objectives of the national monetary policy and shall be limited to the operations authorized in sections 97 and 98 of this Act.

Accordingly in periods of inflation or as long as inflationary dangers exist, the Central Bank shall refrain from open market purchases and at such times shall endeavor to reduce its security holdings and/or to sell the evidences of indebtedness which it is permitted to issue under the provisions of section 98 of this Act.

Conversely, whenever the national monetary policy requires an expansion of the money supply, the Central Bank may repurchase its own evidences of indebtedness prior to their date of maturity, as authorized in section 98, and may acquire the securities to which reference is made in section 97. In purchasing said securities, the Central Bank shall give preference to short-term obligations, in order that the Bank may be in a better position to reduce the money supply should conditions in the future so require.

Whenever securities meeting the conditions established in section 97 of this Act represent obligations in foreign currencies, the decisions of the Monetary Board to purchase and sell such securities shall be governed by the adequacy of the international reserve of the Central Bank and by the effect which such operations would have on the balance of payments and the volume of the money supply.


Section 97
Purchases and sales of Government securities

In order to achieve the objectives of the national monetary policy, the Central Bank may, in accordance with the principles stated in section 96 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.


Section 98
Issue and negotiation of Central Bank obligations

In order to provide the Central Bank with effective instruments for open market operations, the Bank may, subject to such rules and regulations as the Monetary Board may prescribe and in accordance with the principles stated in section 96 of this Act, issue, place, buy and sell freely negotiable evidences of indebtedness of the Bank. Said evidences of indebtedness may be issued directly against the international reserve of the Bank or against the securities which it has acquired under the provisions of section 97 of this Act, or may be issued without relation to specific types of assets of the Bank.

The Monetary Board shall determine the interest rates, maturities and other characteristics of said obligations of the Bank, and may, if it deems it advisable, denominate the obligations in gold or foreign currencies.

Subject to the principles stated in section 96 of this Act, the evidences of indebtedness of the Central Bank to which this section refers may be acquired by the Bank before their maturity, either through purchases in the open market or through redemptions at par and by lot if the Bank has reserved the right to make such redemptions. The evidences of indebtedness acquired or redeemed by the Central Bank shall not be included among its assets, and shall be immediately retired and cancelled.


ARTICLE VII
Composition of Central Bank's Portfolio


Section 99
Review of the Central Bank's portfolio

At least once every month the Monetary Board shall review the portfolio of the Central Bank in relation to the Bank's future credit policy.

In reviewing the Central Bank'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 Central Bank credit may be effected promptly whenever the national monetary policy so requires.


ARTICLE VIII
Bank Reserves


Section 100
Reserve requirements

In order to control the volume of money created by the credit operations of the banking system, banks operating in the Philippines shall be required to maintain reserves against their deposit liabilities. 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 Central Bank of the Philippines; nevertheless, the Monetary Board may, whenever circumstances warrant, permit the maintenance of part of the required reserves in the form of assets other than peso deposits with the Central Bank. Reserve requirements shall be applied to all banks uniformly and without discrimination.


Section 101
Required reserves against peso deposits

The Monetary Board is authorized to prescribe and modify the minimum reserve ratios applicable to each class of peso deposits: Provided, however, That such ratios shall not be less than five per cent (5%) or more than twenty-five per cent (25%) for time and saving deposits, and shall not be less than ten per cent (10%) or more than fifty per cent (50%) for demand deposits.

Notwithstanding the provisions of the preceding paragraph of this section, the Monetary Board may, in periods of inflation, prescribe higher reserve ratios, but not exceeding 100 per cent, for any future increase in the deposits of each bank above the amounts outstanding on the date on which the bank is notified of the requirement.

Whenever the reserve requirements established by the Monetary Board place any bank under obligation to maintain minimum reserves in excess of twenty-five per cent (25%) of its total time or savings deposits, or in excess of fifty per cent (50%) of its total demand deposits, the Central Bank may pay interest on said excess at a rate which shall not be higher than the Bank's lowest rediscount rate.


Section 102
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: Provided, however, That such ratios may not be set below ten per cent (10%) or above one hundred per cent (100%), with respect to deposit liabilities in each foreign currency.

The Monetary Board shall determine the form and the currency, either national or foreign, in which such reserves shall be maintained: Provided, however, That any such requirements shall not preclude the banks from keeping a balanced position between their assets and liabilities in each of the foreign currencies in which they operate.


Section 103
Reserves against unused balances of overdraft lines

In order to facilitate Central Bank 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 104
Increase in reserve requirements

Whenever it becomes necessary, in the opinion of the Monetary Board, 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. The banks shall be notified reasonably in advance of the date on which such increase is to become effective.


Section 105
Computation on reserves

The reserve position of each bank shall be calculated daily on the basis of the amount, at the close of business for the day, of the bank's reserves and the amount of its liability accounts against which reserves are required to be maintained.

For the purpose of computing the reserve position of each bank, its principal office in the Philippines and all its branches and agencies located therein shall be considered as a single unit.


Section 106
Reserve deficiencies

Whenever the reserve position of any bank, computed in the manner specified in the preceding section of this Act, is below the required minimum, the bank shall pay the Central Bank one-tenth of one per cent (1/10 of 1%) per day on the amount of the deficiency: Provided, however, That 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 the privilege of offsetting reserve deficiencies in the aforesaid manner.

If a bank chronically has a reserve deficiency, the Monetary Board may limit or prohibit the making of new loans or investments by the bank and may require that part or all of the net profits of the bank be assigned to surplus.


Section 107
Interbank settlements

The Central Bank shall provide facilities for interbank clearing.

The deposit reserves maintained by the banks in the Central Bank, in accordance with the provisions of section 100, shall serve as a 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.


ARTICLE IX
Selective Regulation of Bank Operations


Section 108
Guiding principle

The Monetary Board shall use the powers granted to it under the present article and elsewhere in this Act to ensure that the supply, availability and cost of money are in accord with the needs of the Philippine economy and that the bank credit is not granted for speculative purposes prejudicial to the national interests.


Section 109
Interest rates, commissions and charges

The Monetary Board may fix the maximum rates of interest which banks may pay on deposits and on any other obligations.

The Monetary Board may, within the limits prescribed in the Usury Law (Act No. 2655, as amended), fix the maximum rates of interest which banks may charge for different types of loans and for any other credit operations, or may fix the maximum differences which may exist between the interest or rediscount rates of the Central Bank and the rates which the banks may charge their customers if the respective credit documents are not to lose their eligibility for rediscount or advances in the Central Bank.

Any modifications in the maximum interest rates permitted for the borrowing or lending operations of the banks shall apply only to future operations and not to those made prior to the date on which the modification becomes effective.

In order to avoid possible evasion of maximum interest rates set by the Monetary Board, the Board may also fix the maximum rates that banks may pay to or collect from their customers in the form of commissions, discounts, charges, fees or payments of any sort.


Section 110
Margin requirements against letters of credit

In order to restrict the granting of bank credit for purposes which are contrary to the general welfare of the Philippines, 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.

The Board may particularly use its powers under this section to require high margins for the opening of letters of credit to finance the importation or luxuries or other non-essential goods, or to finance any goods the importation of which at the time is considered by the Monetary Board to be unduly prompted by speculative motives prejudicial to the interests of the Philippine economy.


Section 111
Required security against bank loans

In order to promote the liquidity and solvency of the banking system, or to influence the availability of bank credit for specific purposes, the Monetary Board may issue such regulations as it may deem necessary from time to time 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 112
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 113
Minimum capital ratios

In order to regulate the volume and distribution of bank credit, and to ensure the maintenance of bank capital and surplus at levels adequate to protect the depositors against risk of loss, 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 it convenient so to do.


ARTICLE X
Government Credit Institutions as Instruments of the National Monetary Policy


Section 114
Coordination of credit policies

Government-owned corporations which perform banking or credit functions are hereby declared to be instruments of the national monetary policy and, accordingly, 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 Central Bank.


CHAPTER V

FUNCTIONS AS FISCAL AGENT, BANKER AND FINANCIAL ADVISOR OF THE GOVERNMENT


ARTICLE I
Functions as Fiscal Agent and Banker of the Government


Section 115
Designation of Central Bank as fiscal agent and banker of the Government

The Central Bank of the Philippines shall act as the fiscal agent and banker of the Government, its political subdivisions and instrumentalities.


Section 116
Representation with the International Monetary Fund

The Central Bank of the Philippines shall represent the Government of the Philippines 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 117
Representation with other financial institutions

The Central Bank 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.


Section 118
Official deposits

The Central Bank shall be the official depository of the Government and its political subdivisions and instrumentalities: Provided, however, That the Monetary Board may designate Government-owned banks and other banks incorporated in the Philippines to accept deposits from said entities, subject to such rules and regulations as the Board may prescribe.


Section 119
Fiscal operations

The Central Bank shall open a general cash account for the Treasurer of the Philippines, in which the liquid funds of the Government shall be deposited.

Transfers of funds from this account to other accounts shall be made only upon order of the Treasurer of the Philippines.


Section 120
Other banks as agents of the Central Bank

In the performance of its functions as fiscal agent, the Central Bank may engage the services of the Philippine National Bank and of other domestic banks for operations in localities at home or abroad in which the Central Bank does not have offices or agencies adequately equipped to perform said operations: Provided, however, That for fiscal operations in foreign countries, the Central Bank may engage the services of foreign banking and financial institutions.


Section 121
Remuneration for services

The Central Bank shall not charge for services which it renders to the Government and to its political subdivisions and instrumentalities any rates, commissions or fees.

The Bank shall not pay interest on deposits of the Government or of 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 122
Issue of Government obligations

The issue of securities representing obligations of the Government, its political subdivisions or instrumentalities, shall be made through the Central Bank, which shall act as agent of, and for the account of, the Government or its respective subdivision or instrumentality, as the case may be: Provided, however, That the Bank shall not subscribe to the issue of said securities and shall not guarantee their placement.


Section 123
Methods of placing Government securities

The Central Bank may place the securities to which the preceding section refers through direct sale to financial institutions and the public, through outright sale to syndicates, brokers or dealers for purposes of resale to the public for their own account, or through brokers or banks contracted to place the securities with the public for the account of the Central Bank.

The Central Bank 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.

The Government, or its respective subdivisions or instrumentalities, shall reimburse the Central Bank for the expenses incurred in the placing of the aforesaid securities.


Section 124
Servicing and redemption of the public debt

The servicing and redemption of the public debt shall also be effected through the Central Bank.


B.  CENTRAL BANK SUPPORT OF THE GOVERNMENT SECURITIES MARKET


Section 125
The Securities Stabilization Fund

There shall be established a "Securities Stabilization Fund" which shall be administered by the Central Bank for the account of the Government.

The operations of the Securities Stabilization Fund shall consist of purchases and sales, in the open market, of bonds and other evidences of indebtedness issued or fully guaranteed by the Government of the Philippines. 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 126
Resources of the Securities Stabilization Fund

The resources of the Securities Stabilization Fund shall come from the following sources:

(a) Two million (P2,000,000) pesos, which are hereby appropriated from the assets of the Exchange Standard Fund, as provided in section 134 of this Act, and such other appropriations as the Government may make from time to time;

(b) That part of the annual net profits of the Central Bank allocated to the Fund in accordance with the provisions of section 41;

(c) Profits arising from recoinage or from reductions in the currency issue, under the conditions specified in section 45.


Section 127
Profits and losses of the Fund

The Securities Stabilization Fund shall retain any 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 128
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.

The opinion of the Monetary Board shall be based on the gold and foreign exchange resources and obligations on the nation and on the effects of the proposed operation on the balance of payments and on the volume of the money supply.

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 the money supply, the price level, and the balance of payments.


Section 129
Representation on the National Economic Council

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 Central Bank, the Governor of the Central Bank shall be an ex-officio member of the National Economic Council.


CHAPTER VI
Privileges and Prohibitions

ARTICLE I
Privileges


Section 130
Tax exemptions

The Central Bank of the Philippines shall be exempt from all national, provincial, municipal and city taxes and assessments now in force or hereafter established.

The exemptions authorized in the preceding paragraph of this section shall apply to all property of the Central Bank, to the resources, receipts, expenditures, profits and income of the Bank, as well as to all contracts, deeds, documents and transactions related to the conduct of the business of the Bank: Provided, however, That said exemptions shall apply only to such taxes and assessments for which the Central Bank itself would otherwise be liable, and shall not apply to taxes or assessments payable by persons or other entities doing business with the Central Bank.


Section 131
Exemption from customs duties

The importation and exportation by the Central Bank 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 furnishing, equipping and operating the offices of the Bank, 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.


Section 132
Applicability of the Civil Service Law

Appointment in the Central Bank, 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.

Officers and employees in the Central Bank, 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.

No officer or employee of the Central Bank subject to the Civil Service Law and Regulations shall be removed or suspended except for cause as provided by law.


ARTICLE II
Prohibitions


Section 133
Prohibitions

The Central Bank 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.



CHAPTER VII
TRANSITORY PROVISIONS


ARTICLE I
The Exchange Standard Fund


Section 134
Liquidation of the Exchange Standard Fund

Prior to the date on which the Central Bank commences business, the Exchange Standard Fund shall be liquidated. The net assets of the Fund remaining after outstanding liabilities have been met shall be used for the following purposes and in the following priority:

(a) Ten million (P10,000,000) pesos shall be used to subscribe to the capital stock of the Central Bank;

(b) Two million (P2,000,000) pesos shall be transferred to the Securities Stabilization Fund; and

(c) The remainder shall be transferred to the Bank in accordance with the provisions of section 135.


ARTICLE II
Retirement of Treasury Certificates and Coins


Section 135
Assumption by the Central Bank of the liability for treasury certificates

On the date on which the Central Bank commences business, it shall assume the liability of the Treasury Certificate Fund for all outstanding treasury certificates. The amount of the liability shall be determined by the Secretary of Finance and certified by the Auditor-General. In consideration for assuming this liability the Treasurer of the Philippines shall transfer to the Bank all of the available assets of the Treasury Certificate Fund and that portion of the assets of the Exchange Standard Fund which may remain after deducting the amounts required to provide the capital of the Bank and the contribution to the Securities Stabilization Fund, as provided in the preceding section.

If the total assets thus transferred exceed the liability assumed, the difference shall be used to establish a reserve on the books of the Central Bank against the contingency that the actual amount of treasury certificates which the Central Bank may be called upon to exchange for its own notes may prove to be larger than the liability originally assumed. If the total assets transferred should be less than the liability assumed, the Secretary of Finance shall deliver to the Bank a non-interest bearing, non-negotiable note without fixed maturity in the amount of the difference.

The Central Bank shall, as soon as practicable, exchange outstanding treasury certificates for its own notes in accordance with the procedure described in section 59 of this Act. During the period of such exchange any treasury certificates exchanged by the Bank in excess of the liability originally assumed for such certificates shall be charged, first, to the reserve mentioned in the preceding paragraph, if there be such reserve, and, second, to the deposit of the Government. At the expiration of the exchange period any remaining balance of the liability account for outstanding treasury certificates shall be applied, first, to reduce the face value of the note delivered by the Secretary of Finance in accordance with the preceding paragraph, if such a note has been issued, and, second, to reduce the Account to Secure the Coinage, the creation of which is provided for in the following section. Any remaining balance of the abovementioned reserve shall be applied solely to reduce the Account to Secure the Coinage.


Section 136
Assumption by the Central Bank of the liability for treasury coins

On the date on which the Central Bank commences business, the total Philippine treasury coin issue, including coins dumped in Manila Bay but not yet salvaged, shall become a liability of the Bank. As a contra item against the liability thereby assumed there shall be set up on the books of the Central Bank an asset account in an amount equal to the face value of the total Philippine treasury coin issue. This account shall be called the "Account to Secure the Coinage."

The Central Bank shall, as soon as practicable, exchange treasury coins in circulation for Central Bank coins in accordance with the procedure described in section 59 of this Act. When the Monetary Board has completed the exchange of treasury coins for its own coins and has thereby determined the precise amount of the liability which it originally assumed for the treasury coin issue, the outstanding amount of the Account to Secure the Coinage shall be reduced by the difference between the original amount of the Account and the amount of the liability as finally determined.


ARTICLE III
Extraordinary Advances to the Government


Section 137
Extraordinary advances to the Government

Notwithstanding any provisions in the present Act to the contrary, the Central Bank may, until June 30, 1951, make direct advances to the Government when, in the opinion of the Monetary Board, the international reserve is adequate to meet all foreseeable demands upon it and when such advances are consistent with the achievement of the Board's objective of domestic monetary stability. The total advances made under the authority of this section shall not exceed two hundred million (P200,000,000) pesos.

The Bank shall make the above advances only against an equivalent amount of negotiable government securities having maturities which, insofar as possible, are appropriate to the uses to which the advances will be put, but which in no case shall exceed 15 years. In order to permit their resale by the Central Bank, the securities shall be in denominations and bear interest rates which will make them attractive to the banks and to the public.

Advances shall be made only for certain purposes specifically authorized by law, and shall be made only for productive and income-producing projects, or for the repayment or servicing of external obligations of the Government.


ARTICLE IV
Miscellaneous Provisions


Section 138
Transfer of powers and functions of the Bureau of the Treasury to the Central Bank

All powers, duties, and functions vested in the Bureau of the Treasury and the Treasurer of the Philippines which by the provisions of this Act shall be exercised by the Bank are hereby transferred to the Central Bank.


Section 139
Transfer of authority, powers, and functions of the Bank Commissioner and the Bureau of Banking to the Central Bank

All authority now vested in the Bank Commissioner and the Bureau of Banking with respect to the establishment, operation or liquidation of banking and credit institutions, and branches or agencies thereof, and all other powers, duties and functions vested in the Bureau of Banking and Bank Commissioner which by the provisions of this Act shall be exercised by the Bank, are hereby transferred to the Central Bank.


Section 140
Repeal of inconsistent laws

All laws, parts of laws, and any special charters, or parts thereof, of banking and financial institutions inconsistent herewith are hereby repealed.


Section 141
Exemption from restrictions on bank borrowing

The restrictions on bank borrowing which are contained in sections 6 and 7 of Act 3610 shall not apply to bank borrowings from the Central Bank.


Section 142
Effectivity of this Act

This Act shall take effect upon approval. The Central Bank of the Philippines shall commence business upon organization of the Monetary Board and certification by the Secretary of Finance that the authorized capital of the Bank has been fully paid-in and that the Bank is ready for operation.


Approved:
June 15, 1948





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