AMENDING REPUBLIC ACT NUMBERED TWO HUNDRED AND SIXTY-FIVE, ENTITLED “THE CENTRAL BANK ACT.”

WHEREAS, there were pending before Congress prior to the
promulgation of Proclamation, No. 1081, dated September 21, 1972, urgent banking
measures proposing amendments to Republic Act No. 265, entitled “The Central
Bank Act,” which are vital to the national development program of the
Government;

WHEREAS, an extensive survey and study of the banking and
credit system had been undertaken for the purposes of assessing its adequacy in
Philippine economic growth, and of facilitating the savings-investment process
in development;

WHEREAS, the result of the survey was an integrated set of
recommendations which were accepted, with modifications by the monetary
authorities, and made the basis for this Decree to effect reforms in the banking
system, and to render monetary and credit policies more responsive to the
requirements of economic development;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated
September 22, 1972, as amended, and in order to effect the desired changes and
reforms in the social, economic, and political structure of our society, do
hereby order and decree the amendment of Republic Act No. 265, as follows:

SECTION 1. Section two of Republic Act Numbered Two hundred
and sixty-five is hereby amended to read as follows:

“SEC. 2. Responsibilities and objectives. — It shall be the responsibility of
the Central Bank of the Philippines to administer the monetary, banking, and
credit system of the Republic.

“It shall be the duty of the Central Bank to use the powers granted to it
under this Act to achieve the following objectives:

“(a) Primarily to maintain internal and external monetary stability in the
Philippines, and to preserve the international value of the peso and the
convertibility of the peso into other freely convertible currencies; and

“(b) To foster monetary, credit and exchange conditions conducive to a
balanced and sustainable growth of the economy.”

SEC. 2. Section five of the same Act is hereby amended to
read as follows:

“SEC. 5. Composition of the Monetary Board. — The powers and functions of the
Central Bank shall be exercised by a Monetary Board, which shall be composed of
seven members, as follows:

“(a) The Governor, who shall be the Chairman of the Monetary Board. The
Governor shall be appointed for a term of six years by the President of the
Philippines with the consent of the Commission on Appointments. Whenever the
Governor is unable to attend a meeting of the Board, the Senior Deputy-Governor
shall act as Chairman;

“(b) The Secretary of Finance. Whenever the Secretary of Finance is unable to
attend a meeting of the Board, he shall designate an undersecretary to attend as
his alternate;

“(c) The Director General of the National Economic Development Authority.
Whenever the Director General is unable to attend a meeting of the Board, he
shall designate a deputy director-general of the Authority to attend as his
alternate;

“(d) The Chairman of the Board of Investments. Whenever the Chairman of the
Board of Investments is unable to attend a meeting of the Board, he shall
designate a governor of the Board of Investments to attend as his alternate;

“(e) In lieu of any of the officials named in subsection ‘c’ or ‘d’ above,
such head of any other financial or economic agency or department of the
Government as the President of the Philippines may determine;

“(f) Three part-time members from the private sector, to be appointed for
terms of six years by the President with the consent of the Commission on
Appointments: Provided, however, That the first members appointed under
the provisions of this subsection shall have terms of office of two, four and
six years, respectively. “In making appointments to the Monetary Board, the
President of the Philippines shall base his selection on the integrity,
experience and expertise of the appointee.”

SEC. 3. Section seven of the same Act is hereby amended to
read as follows:

“SEC. 7. Qualifications. — No person shall be
appointed as a member of the Monetary Board or as a deputy-governor of the
Central Bank unless he be of good moral character and of unquestionable
integrity and responsibility, and who is of recognized competence in economics,
banking, finance, commerce, agriculture or industry: Provided, however,
That the Governor and deputy-governors of the Central Bank must be of recognized
competence in the field of banking: Provided, further, That the
Governor and the members of the Monetary Board shall be natural-born Filipino
citizens.”

SEC. 4. Section eight of the same Act is hereby amended to
read as follows:

“SEC. 8. Disqualifications. — None of the following
may be a member of the Monetary Board or a deputy-governor of the Central
Bank:

“(a) Persons holding any public position or office, either by election or by
appointment, except those holding academic positions and the ex officio members
and their respective alternates; and

“(b) Directors, officers, employees, consultants or stockholders of other
banking or other financial institutions subject to supervision, regulation or
examination by the Central Bank, except non-stock savings and loan associations
and provident funds organized exclusively for employees of the Central
Bank.”

SEC. 5. Section ten of the same Act is hereby amended to
read as follows:

“SEC. 10. Meetings. — The Monetary Board shall
convene as frequently as is necessary to discharge its responsibilities
properly, but shall meet at least once every two weeks. The Board may be
convoked either by the Secretary of Finance or by the Governor of the Central
Bank.

“The presence of four members shall constitute a quorum.

“All decisions of the Monetary Board shall require the concurrence of at
least four members, except in special cases where the provisions of other
sections of this Act demand a greater majority.”

SEC. 6. Section eleven of the same Act is hereby amended to
read as follows:

“SEC. 11. Attendance of the Senior Deputy-Governor and the
Deputy-Governor for Economic Research. — The Senior Deputy-Governor of the
Central Bank and the Deputy-Governor for Economic Research shall attend the
meetings of the Monetary Board with the right to be heard but not to
vote.”

SEC. 7. Section twelve of the same Act is hereby amended to
read as follows:

“SEC. 12. Remuneration of members for attending meetings
of the Board. — The members of the Monetary Board or their respective
substitutes, except the Governor and the Senior Deputy-Governor, shall receive a
per diem for every Board meeting attended. The amount of per diem shall be set
by the President but may not exceed two hundred fifty (P250) pesos, nor the sum
of two thousand five hundred (P2,500) pesos for any single
month.”

SEC. 8. Section thirteen of the same Act is hereby amended
to read as follows:

“SEC. 13. Withdrawal of persons having a personal
interest. — Whenever any member attending a meeting of the Monetary Board
has a personal interest of any sort in the discussion or resolution of any given
matter, or any of his business associates or any of his relatives within the
fourth degree of consanguinity or second degree of affinity has such an
interest, said member shall not participate in the discussion or resolution of
the matter and must retire from the meeting during the deliberations thereon.
The subject matter, when resolved, and the fact that a member had a personal
interest in it, shall be made available to the public. The minutes of the
meeting shall note the withdrawal of the member concerned.”

SEC. 9. Section fourteen of the same Act is hereby amended
to read as follows:

“SEC. 14. Exercise of authority. — In order to
exercise the authority granted to it under this Act, the Monetary Board
shall:

“(a) Prepare and issue such rules and regulations as it considers necessary
for the effective discharge of the responsibilities and exercise of the powers
assigned to the Monetary Board and to the Central Bank under this Act;

“(b) Direct the management, operations and administration of the Central Bank
and prepare such rules and regulations as it may deem necessary or convenient
for this purpose;

“(c) On the recommendation of the Governor, appoint, fix the remunerations
and other emoluments, and remove personnel of the Central Bank with the
exception of the Governor: Provided, That the Monetary Board shall have
exclusive and final authority to promote, transfer, assign, or reassign
personnel of the Central Bank and these personnel actions are deemed made in the
interest of the service and not disciplinary, any provisions of existing law to
the contrary notwithstanding; and

“(d) Authorize such expenditures by the Central Bank as are in the interest
of the effective administration and operations of the Bank.”

SEC. 10. Section fifteen of the same Act is hereby amended
to read as follows:

“SEC. 15. Responsibility. — Any member of the
Monetary Board or officer or employee of the Central Bank who wilfully violates
this Act or who is guilty of gross negligence in the performance of his duties
shall be held liable for any loss or injury suffered by the Bank as a result of
such violation or negligence. Similar responsibility shall apply to the
disclosure of any information of a confidential nature about the discussions or
resolutions of the Monetary Board, except as required in Section 13 of this Act,
or about the operations of the Bank, and to the use of such information for
personal gain or to the detriment of the Government, the Bank or third
parties.”

SEC. 11. Section twenty of the same Act is hereby amended to
read as follows:

“SEC. 20. Remuneration of the Governor. — The
salary of the Governor of the Central Bank shall be fixed by the Monetary Board
with the approval of the President of the Philippines at a sum commensurate to
the importance and the responsibility attached to the position. The salary and
allowances and other emoluments which the Monetary Board may grant the Governor
shall be the ceiling for fixing the salary, allowances and other emoluments of
all other personnel in the Central Bank.”

SEC. 12. Section twenty-one of the same Act is hereby
amended to read as follows:

“SEC. 21. Deputy-Governors. — The Governor of the
Central Bank, with the approval of the Monetary Board, shall appoint one senior
deputy-governor and not more than five deputy-governors. They shall perform
duties as may be assigned to them by the Governor and the Board.

“In the absence of the Governor of the Central Bank, the Senior
Deputy-Governor shall act as chief executive of the Central Bank and shall
exercise the powers and perform the duties of the Governor. Whenever the
Governor is unable to attend meetings of government boards or councils in which
he is an ex officio member pursuant to provisions of special laws, the Senior
Deputy-Governor shall be vested with authority to participate and exercise the
right to vote in such meetings. He shall have supervisory authority over the
other deputy-governors and such other line authority as may be delegated by the
Governor and the Monetary Board.

“The other deputy-governors shall be assigned specific areas of
responsibility such as, but not necessarily limited to, bank supervision,
economic research, operations and administration: Provided, however,
That the Deputy-Governor for Supervision shall be in charge of all bank
supervision and examination.”

SEC. 13. Section twenty-three of the same Act is hereby
amended to read as follows:

“SEC. 23. Authority to obtain information. — The
Department of Economic Research shall have the authority to request from any
person or entity, including Government offices and instrumentalities, any data
which the Central Bank may require for the proper discharge of its functions and
responsibilities. The Central Bank shall have the power to issue a subpoena for
the production of the books and records of all such persons and entities for the
aforesaid purpose. Those who refuse without justifiable cause the subpoena to
supply the Bank with data requested or required, shall be subject to the
penalties provided in Section 32.

“Data on individual firms, other than banks, gathered for statistical
purposes by the Department of Economic Research and other departments or units
of the Central Bank shall not be made available to any person or entity outside
of the Central Bank whether public or private: Provided, however, That
this prohibition shall not refer to the collective data on firms: Provided,
further, That in the case of data on banks, the provisions of Section 27 of
this Act shall apply.”

SEC. 14. Section twenty-four of the same Act is hereby
amended to read as follows:

“SEC. 24. Training of technical personnel. — The
Central Bank shall promote and sponsor the training of technical personnel in
the field of money and banking. Toward this end, the Central Bank is hereby
authorized to defray the costs of study, at home or abroad, of outstanding
employees of the Bank, of promising university graduates or of any other
qualified persons who shall be determined by proper competitive examinations.
The Monetary Board shall prescribe rules and regulations to govern the training
program of the Bank.”

SEC. 15. Title B, Article IV, of Chapter I of the same Act
is hereby changed to read s follows:

“ARTICLE IV. — Departments of the Central Bank

“A. xxx     xxx     xxx

“B. SUPERVISION AND EXAMINATION DEPARTMENTS”

SEC. 16. Section twenty-five of the same Act is hereby
amended to read as follows:

“SEC. 25. Creation of the appropriate departments.
— In order to assure the observance of this Act and of other pertinent laws, and
of the rules and regulations of the Monetary Board, the Central Bank shall have
appropriate supervising and examining departments which shall be charged with
the supervision and periodic examination of specific categories of banking
institutions operating in the Philippines, including all government credit
institutions. The supervising and examining departments shall discharge their
responsibilities in accordance with the instructions of the Monetary Board. The
supervising and examining departments shall be directly supervised and
coordinated by the Deputy-Governor for Supervision.

“The department heads and the examiners of the supervising and examining
departments are hereby authorized to administer oaths to any director, officer,
or employee of any institution under their respective supervision and to compel
the presentation of all books, documents, papers or records necessary in their
judgment to ascertain the facts relative to the true condition of any
institution.”

SEC. 17. Section twenty-six of the same Act is hereby
amended to read as follows:

“SEC. 26. Qualifications. — The Deputy-Governor for
Supervision, in addition to the qualifications required in Section 7 of this
Act, and the heads of the supervising and examining department, must be persons
of recognized integrity and competence in accounting, auditing and banking
practice.”

SEC. 18. Section twenty-seven of the same Act is hereby
amended to read as follows:

“SEC. 27. Prohibitions. — Personnel of the Central
Bank are hereby prohibited from:

“(a) Being an officer, director, employee, or stockholder, directly or
indirectly of any institution subject to supervision or examination by the
Central Bank, except non-stock savings and loan associations and provident funds
organized exclusively for employees of the Central Bank;

“(b) Receiving any gift or thing of value from any officer, director, or
employee thereof;

“(c) Revealing in any manner, except under order of the court, information
relating to the condition or business of any such institution. This prohibition
shall not be held to apply to the giving of information to the Monetary Board or
the Governor of the Central Bank, or to any person authorized by either of them,
in writing, to receive such information.

“Borrowing from a banking institution by examiners and other personnel of the
supervising and examining departments of the Central Bank shall be prohibited
only with respect to the particular bank in which they are assigned, or are
conducting an examination. Personnel of other departments, offices, or units of
the Central Bank shall likewise be prohibited from borrowing from any banking
institution during the period of time that an application with the Central Bank
of such institution is being evaluated, processed, or acted upon by such
personnel: Provided, however, That the Monetary Board may, at
its discretion, indicate the position levels or functional groups to which the
prohibition is applicable.

“Borrowing by all full-time Central Bank personnel from banks shall be fully
secured, fully disclosed to the Monetary Board, and shall be subject to such
further rules and regulations as the Monetary Board may prescribe.”

SEC. 19. Section twenty-eight of the same Act is hereby
amended to read as follows:

“SEC. 28. Examination and fees. — It shall be the
duty of the head of the appropriate supervising and examining department,
personally or by deputy, at least once in every twelve months, and at such other
times as either he or the Monetary Board may deem expedient, to make an
examination of the books of every banking institution within the purview of this
Act and to make a report on the same to the Monetary Board.

“Every such institution shall afford to the head of the appropriate
supervising and examining departments and to his authorized deputies full
opportunity to examine its books, cash and available assets and general
condition at any time when requested so to do by the Central Bank: Provided,
however, That none of the reports and other papers relative to such
examinations shall be open to inspection by the public except insofar as such
publicity is incidental to the proceedings hereinafter authorized or is
necessary for the prosecution of violations in connection with the business of
such institutions.

“The institutions which are subject to examination by the Central Bank shall
reimburse the Central Bank for the cost of maintaining the corresponding
supervising and examining department and, for this purpose, shall pay to the
Central Bank, within the first thirty days of each year, an annual fee in an
amount to be determined by the Monetary Board in the manner provided in
the next paragraph of this section.

“The fee to be paid by each institution shall be an amount equal to a
prescribed percentage of its average total assets during the preceding year, as
shown on its end-of-month balance sheets, after deducting its cash on hand and
amounts due from banks, including the Central Bank and banks abroad:
Provided, however, That said percentage may not exceed one twentieth of one
per cent (1/20 of 1%). If the total of the maximum fees authorized under this
paragraph should be insufficient to defray the entire costs of the department,
the difference shall be borne by the Central Bank.”

SEC. 20. A new section is hereby added after Section
twenty-eight of the same Act to read as follows:

“SEC. 28-A. Appointment of conservator. — Whenever,
on the basis of a report submitted by the appropriate supervising and examining
department, the Monetary Board finds that a bank is in a state of continuing
inability or unwillingness to maintain a condition of solvency and liquidity
deemed adequate to protect the interest of depositors and creditors, the
Monetary Board may appoint a conservator to take charge of the assets,
liabilities, and the management of that banking institution, collect all monies
and debts due said bank and exercise all powers necessary to preserve the assets
of the bank, reorganize the management thereof, and restore its viability. He
shall have the power to overrule or revoke the actions of the previous
management and board of directors of the bank, any provision of 3aw to the
contrary notwithstanding, and such other powers as the Monetary. Board shall
deem necessary.

“As much as practicable, the conservator should not be connected with the
Central Bank but should be competent and knowledgeable in bank operations and
management. The remuneration of the conservator and other expenses attendant to
the conservatorship shall be borne by the bank concerned. He shall report and be
responsible to the Monetary Board until such time as the Monetary Board is
satisfied that the banking institution can continue to operate on its own and
the conservatorship is no longer necessary. The conservatorship shall likewise
be terminated should the Monetary Board, on the basis of the report of the
conservator or of its own findings, determine that the continuance in business
of the banking institution would involve probable loss to its depositors or
creditors, in which case the provision of Section 29 shall
apply.”

SEC. 21. Section twenty-nine of the same Act is hereby
amended to read as follows:

“SEC. 29. Proceedings upon insolvency. — Whenever,
upon examination by the head of the appropriate supervising and examining
department or his examiners or agents into the condition of any banking
institution, it shall be disclosed that the condition of the same is one of
insolvency, or that its continuance in business would involve probable loss to
its depositors or creditors, it shall be the duty of the department head
concerned forthwith, in writing, to inform the Monetary Board of the facts and
the Board, upon finding the statements of the department head to be true shall
forthwith forbid the institution to do business in the Philippines and shall
designate an official of the Central Bank as receiver to immediately take charge
of its assets and liabilities, as expeditiously as possible collect and gather
all the assets and administer the same for the benefit of its creditors, and
exercising all the powers necessary for these purposes including, but not
limited to, bringing suits and foreclosing mortgages in the name of the banking
institution.

“The Monetary Board shall thereupon determine within thirty days whether the
institution may be reorganized or otherwise placed in such a condition so that
it may be permitted to resume business with safety to its creditors and shall
prescribe the conditions under which such resumption of business shall take
place as well as the time for fulfillment of such conditions. In such case, the
expenses and fees in the collection and administration of the assets of the
institution shall be determined by the Board and shall be paid to the Central
Bank out of the assets of such banking institution.

“At any time within ten days after the Monetary Board has taken charge of the
assets of any banking institution, such institution may apply to the Court of
First Instance for an order requiring the Monetary Board to show cause why its
designated official should not be enjoined from continuing such charge of its
assets and the court may direct the Board to refrain from further proceedings
and to surrender charge of its assets.

“If the Monetary Board shall determine that the banking institution cannot
resume business with safety to its creditors, it shall by the Solicitor General
file a petition in the Court of First Instance reciting the proceedings which
have been taken and praying the assistance and supervision of the court in the
liquidation of the affairs of the affairs of the same. The Monetary Board shall
designate an shall, under the supervision of the court and with all convenient
speed, convert the assets of the banking institution to money or sell, assign or
otherwise dispose of the same to creditors and other parties for the purpose of
paying the debts of such institution.

SEC. 22. Section thirty-two of the same Act is hereby
amended to read as follows:

“SEC. 32. Refusal to make reports or permit examination. –
Any owner agent manager, or other officer-in-charge of any banking institution
within the purview of this Act who, being thereunto required in writing by the
Monetary Board or by the head of the appropriate supervising and examining
department, shall wilfully refuse to file the required report or permit any
lawful examination into the affairs of such institution shall be punished by a
fine of not more than ten thousand pesos or by imprisonment for not more than
one year, or both, in the discretion of the court.”

SEC. 23. Section thirty-three of the same Act is hereby
amended to read as follows:

“SEC. 33. False statement. — The wilful making of a
false statement to the Monetary Board or to the head of the appropriate
supervising and examining department or to his examiners shall be punished by a
fine not to exceed fifteen thousand pesos, or by imprisonment for a term not to
exceed two years, or both, in the discretion of the court.”

SEC. 24. Section thirty-four of the same Act is hereby
amended to read as follows:

“SEC. 34. Proceedings upon violation of laws and
regulations. — Whenever any person or entity wilfully violates this Act or
any order, instruction, rule or regulation issued by the Monetary Board, the
person or persons-, responsible for such violation shall be punished by a fine
of not more than twenty thousand pesos and by imprisonment of not more than five
years.

“Whenever a banking institution persists in violating its charter or by-laws
or any law, or orders, instructions, rules and regulations issued by the
Monetary Board, or whenever a banking institution persists in carrying on its
business in an unlawful or unsafe manner, the Board may, without prejudice to
the penalties provided in the preceding paragraph of this section and
the administrative sanctions provided in Section 34-A of this Act, file
a petition in the Court of First Instance praying the assistance of the court to
compel the banking institution to discontinue the violations or practices
objected to in the petition of the Board. The Monetary Board may, with the
approval of the court, take such action as the court may deem necessary to
compel the banking institution complained against to discontinue the violations
or practices set forth in the Board’s petition, and, if necessary, the Board
may, under order of the court, direct an official of the Central Bank to
liquidate the business of the institution.”

SEC. 25. A new section is hereby added after Section
thirty-four of the same Act to read as follows:

“SEC. 34-A. Administrative sanctions. —The Monetary
Board is hereby authorized, at its discretion, to impose upon banking
institutions, their directors and/or officers, for any wilful delay in the
submission of reports; any refusal to permit examination into the affairs of the
institution; any wilful making of a false statement to the Board or to the
appropriate supervising and examining department or its examiners; any wilful
failure or refusal to comply with, or violation of, any banking law or any
order, instruction or regulation issued by the Monetary Board, or any order,
instruction or ruling by the Governor; or any commission of irregularities,
and/or conducting business in an unsafe or unsound manner as may be determined
by the Monetary Board, the following administrative sanctions: “(a) Fines not in
excess of five hundred pesos a day;

“(b) Suspension, or after due hearing, removal of directors and/or officers;

“(c) Suspension of rediscounting privileges;

“(d) Suspension of lending or foreign exchange operations or authority to
accept new deposits or make new investments;

“(c) Suspension of interbank clearing privileges; and/or

“(f) Suspension of authority to operate.

“The above administrative sanctions need not be applied in the order of
increasing severity.

“Except in the appointment of a conservator and proceedings upon insolvency
as provided for under Sections 28-A and 29 of this Act, the Governor is
authorized to render opinions, decisions, or rulings which shall be final and
executory until reversed or modified by the Monetary Board, on matters regarding
application or enforcement of banking laws, implementation of Monetary Board
regulations, policies or instructions pertaining to institutions supervised by
the Central Bank, including their method of accounting or manner of keeping the
accounts, books and financial records, and their submission of reports.

“The Governor is likewise hereby authorized, at his discretion, to impose
upon banking institutions, for any failure to comply with the requirements of
law, Monetary Board regulations and policies, and/or instructions issued by the
Monetary Board or by the Governor, fines not in excess of five hundred pesos a
day, the imposition of which shall be final and executory until reversed,
modified or lifted by the Monetary Board on appeal.

“Administrative sanctions shall be applied to all banks of the same category
uniformly and without discrimination.”

SEC. 26. Section thirty-seven of the same Act is hereby
amended to read as follows:

“SEC. 37. Annual report. — Before the end of March
of each year, the Central Bank shall submit to the President of the Philippines,
to the Senate through its President, to the House of Representatives through its
Speaker, and shall publish an annual report on the condition of the Bank and a
review of the policies and measures adopted by the Monetary Board during the
past year and an analysis of the economic and financial circumstances which gave
rise to said policies and measures.

“The annual report shall also include a statement of the financial condition
of the Central Bank and a statistical appendix which shall present, as a
minimum, the following data:

“(a) The monthly movement of the money supply, distinguishing between
currency and deposit money;

“(b) The monthly movement of purchases and sales of exchange and of the
international reserve of the Bank;

“(c) The balance of payments of the Philippines;

“(d) Monthly indices of wages, of the cost of living and of import and export
prices;

“(e) The monthly movement, in summary form, of exports and imports, by volume
and value;

“(f) The monthly movement of the accounts of the Central Bank and of other
banks, by groupings and classifications to be determined by the head of the
Department of Economic Research in agreement with the heads of the appropriate
supervising and examining departments;

“(g) The principal data on government receipts and expenditures and on the
status of the public debt, both domestic and foreign; and

“(h) The texts of the major legal and administrative measures adopted by the
Government and Monetary Board during the year which relate to the functions or
operations of the Central Bank or of banking institutions operating in the
Philippines.”

SEC. 27. Section forty-four of the same Act is hereby
amended to read as follows:

“SEC. 44. Revaluation profits and losses. — The
revaluation and other profits or losses made or assumed by the Central Bank in
accordance with the provisions of Sections 77 and 83 of this Act shall not be
included in the computation of the annual profits and losses of the Central
Bank.

“Any profits or losses arising in this manner shall be offset by any amounts
which, as a consequence of such revaluations, are owed by the Philippines to any
international or regional inter-governmental financial institution of which the
Philippines is a member or are owed by these institutions to the Philippines.
Any remaining profit or loss shall be carried in a special frozen account which
shall be named ‘Revaluation of International Reserve’ and the net balance of
which shall appear either among the liabilities or among the assets of the
Central Bank, depending on whether the revaluation have produced net profits or
net losses.

“The Revaluation of International Reserve account shall be neither credited
nor debited for any purposes other than those specifically authorized in the
present section or in Section 45 of this Act.”

SEC. 28. Section forty-six of the same Act is hereby amended to read as
follows:

“SEC. 46. Appointment and personnel. — The Auditor-General shall act
as the ex officio Auditor of the Central Bank and, as such he is empowered and
authorized to appoint a representative who shall be the Auditor of the Central
Bank, and, in accordance with law, fix his salary, and to appoint and fix the
salaries and number of the personnel to assist said representative in his work,
but in all cases subject to the approval of the Monetary Board. The salaries and
all other expenses of maintaining the Auditor’s office shall be paid by the
Central Bank. The Auditor of the Central Bank and personnel under him may be
removed only by the Auditor-General.

“The representative of the Auditor-General must be a certified public
accountant with at least ten years experience as certified public accountant or
a person who has had training and experience in commercial or central banking.
No relative of any member of the Monetary Board or the Audit or-General within
the sixth degree of consanguinity or affinity shall be appointed such
representative.”

SEC. 29. Section forty-nine of the same Act is hereby
amended to read as follows:

“SEC. 49. Changes in par value; deviations therefrom. — The
par value of the peso shall not be altered except when such action is made
necessary by the following circumstances:

“(a) When the existing par value would make impossible the achievement and
maintenance of a balanced and sustainable growth of the economy without: “(1)
The depiction of the international reserve of the Central Bank; or “(2) The
chronic use of restrictions on the convertibility of the peso into foreign
currencies or on the transferability abroad of funds from the Philippines; or
“(3) Undue Government intervention in, or restriction of, the international flow
of goods and services; or

“(b) When uniform proportionate changes in par value are made by the
countries which are members of the International Monetary Fund; or

“(c) When the operation of any executive or international agreement to which
the Republic of the Philippines is a party requires an alteration in the gold
value of the peso.

“Any modification in the gold or dollar value of the peso must be in
conformity with the provisions of all executive and international agreements
subscribed to and ratified by the Republic of the Philippines, and such
modification shall be made only by the President of the Republic upon the
proposal of the Monetary Board and with the approval of Congress. The proposal
of the Monetary Board shall require the concurrence of at least five of the
members of the Board.

“Notwithstanding the provisions of the preceding paragraph with respect to
the approval of Congress, if there should be an emergency which, in the opinion
of the President, is so grave and so urgent as to require immediate action, the
President may modify the par value of the peso without the prior approval of
Congress: Provided, however, That he shall report to the Congress on
his action at the earliest opportunity. “In order to permit the exchange rate
system to be more responsive to domestic and external developments, whenever
indicated and not necessarily under emergency conditions alone, the Monetary
Board, with the concurrence of at least five of its members, and with the
approval of the President of the Philippines, is authorized to set or change the
exchange rate or rates for the peso, which may differ from its par
value.”

SEC. 30. Section fifty-two of the same Act is hereby amended
to read as follows:

“SEC. 52. Issue power. — The Central Bank shall have the
sole right and authority to issue currency, within the territory of the
Philippines. No other person or entity, public or private, may put into
circulation notes, coins or any other object or document which, in the opinion
of the Monetary Board, might circulate as currency, nor reproduce or imitate the
facsimiles of Central Bank notes without prior authority from the Bank.

“The Monetary Board may issue such regulations as it may deem advisable in
order to prevent the circulation of foreign currency or of currency substitutes
as well as to prevent the reproduction of facsimiles of Central Bank notes.

“The Central Bank shall have the authority to investigate, make arrests,
conduct researches and seizures in accordance with law, for the purpose of
maintaining the integrity of the currency.”

SEC. 31. Section fifty-four of the same Act is hereby
amended to read as follows:

“SEC. 54. Legal tender power. — All notes and coins
issued by the Central Bank shall be fully guaranteed by the Government of the
Republic of the Philippines and shall be legal tender in the Philippines for all
debts, both public and private: Provided, however, That coins shall be
legal tender in amounts not exceeding fifty pesos for denominations from ten
centavos to one peso, and in amounts not exceeding twenty pesos for
denominations of five centavos or less.”

SEC. 32. Section sixty-three of the same Act is hereby
amended to read as follows:

“SEC. 63. Legal character. — Checks representing
deposit money do not have legal tender power and their acceptance in the payment
of debts, both public and private, is at the option of the creditor:
Provided, however, That a check which has been cleared and credited to
the account of the creditor shall be equivalent to a delivery to the creditor of
cash in an amount equal to the amount credited to his account.”

SEC. 33. Section sixty-four of the same Act is hereby
amended to read as follows:

“SEC. 64. Guiding principle. — The. Monetary Board
shall endeavor to control any expansion or contraction in the money supply, in
the level of credit, or any rise or fall in prices, which, in the opinion of the
Board, is prejudicial to the attainment or maintenance of a balanced and
sustainable growth of the economy. In adopting policies and measures in
accordance with this principle, the Monetary Board shall have due regard for
their effects on the availability and cost of money and credit to particular
sectors of the economy as well as to the economy as a whole, and their effect on
the relationship of domestic prices and costs to world prices and
costs.”

SEC. 34. Section sixty-five of the same Act is hereby
amended to read as follows:

“SEC. 65. Power to define terms. — For the purposes
of this article and of this Act, the Monetary Board shall formulate definitions
of money supply, credit and prices; and whenever the need arises, change these
definitions but not oftener than once every twelve months and such definitions
as well as any changes thereof shall be made public. That statistics prepared by
the Central Bank on money supply, credit and prices shall be based on these
definitions to the extent that available data permit.”

SEC. 35. Section sixty-six of the same Act is hereby amended
to read as follows:

“SEC. 66. Action when abnormal movements occur in the money
supply, credit, or price level. — Whenever abnormal movements in the money
supply, in credit, or in prices endanger the stability of the Philippine economy
or important sectors thereof, the Monetary Board shall:

“(a) Take such remedial measures as arc appropriate and within the powers
granted to the Monetary Board and the Central Bank under the provisions of this
Act; and

“(b) Submit to the President of the Philippines and the Congress, and make
public, a detailed report which shall include, as a minimum, a description and
analysis of:

“(1) The causes of the rise or fall of the money supply, of credit or of
price;

“(2) The extent to which the changes in the money supply, in credit, or in
prices have been reflected in changes in the level of domestic output,
employment, wages and economic activity in general, and the nature and
significance of any such changes; and

“(3) The measures which the Monetary Board has taken and the other monetary,
fiscal or administrative measures which it recommends be adopted.

“Whenever the money supply, or the level of credit, increases or decreases by
more than fifteen per cent (15 %), or the cost of living index increases by more
than ten per cent (10%), in relation to the level existing at the end of the
corresponding month of the preceding year, or even though any of these
quantitative guidelines have not been reached when in its judgment the
circumstances so warrant, the Monetary Board shall submit the report to which
reference is made in subsection (b) of this section, and shall state therein
whether, in the opinion of the Board, said changes in the money supply, credit
or cost of living represent a threat to the stability of the Philippine economy
or of important sectors thereof.

“The Monetary Board shall continue to submit periodic reports to the
President of the Philippines until it considers that the monetary, credit or
price disturbances have disappeared or have been adequately controlled.”

SEC. 36. Section sixty-seven of the same Act is hereby
amended to read as follows:

“SEC. 67. Guiding principle. — The Central Bank of
the Philippines shall exercise its powers under this Act to maintain the par
value of the peso and the convertibility of the peso into other freely
convertible currencies primarily for, although not necessarily limited to,
current payments for foreign trade and invisibles.”

SEC. 37. Section seventy of the same Act is hereby amended to read as
follows:

“SEC. 70. Action when the international stability of the
peso is threatened. — Whenever the international reserve of the Central
Bank falls to an amount which the Monetary Board considers inadequate to meet
the prospective net demands on the Central Bank for foreign currencies, or
whenever the international reserve appears to be in imminent danger of falling
to such a level, or whenever the international reserve is falling as a result of
payments or remittances abroad which, in the opinion of the Monetary Board, are
contrary to the national welfare, the Monetary Board shall:

“(a) Take such remedial measures as are appropriate and within the powers
granted to the Monetary Board and the Central Bank under the provisions of this
Act; and

“(b) Submit to the President of the Philippines a detailed report which shall
include, as a minimum, a description and analysis of:

“(1) The nature and causes of the existing or imminent decline;

“(2) The remedial measures already taken or to be taken by the Monetary
Board;

.”(3) The further monetary, fiscal or administrative measures proposed;
and

“(4) The character and extent of the cooperation required from other
Government agencies for the successful execution of the policies of the Monetary
Board.

“If the resultant actions fail to check the deterioration of the reserve
position of the Central Bank, or if the deterioration cannot be checked except
by chronic restrictions on exchange and trade transactions or by sacrifice of
the domestic objectives of a balanced and sustainable growth of the economy, the
Monetary Board shall propose to the President such additional action as it deems
necessary to restore equilibrium in the international balance of payments of the
Philippines.

“The Monetary Board shall submit periodic reports to the President until the
threat to the international monetary stability of the Philippines has
disappeared.”

SEC. 38. Section seventy-two of the same Act is hereby
amended to read as follows:

“SEC. 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
the national currency at the effective exchange rate or rates and at the
prevailing international market price as determined by the Monetary
Board.”

SEC. 39. Section seventy-three of the same Act is hereby
amended to read as follows:

“SEC. 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 or persons only:

“(a) Banking institutions operating in the Philippines; “(b) The Government,
its political subdivisions and instrumentalities; “(c) Foreign or international
financial institutions; “(d) Foreign governments and their instrumentalities;
and “(e) Other entities or persons which the Monetary Board is hereby empowered
to authorize as foreign exchange dealers, subject to such rules and regulations
as the Monetary Board shall prescribe.

“In order to maintain the convertibility of the peso, the 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 rate determined in accordance with the
provisions of Section 76.”

SEC. 40. Section seventy-four of the same Act is hereby
amended to read as follows:

“SEC. 74. Emergency restrictions on exchange
operations. — Notwithstanding the provisions of the third paragraph of the
preceding section, in order to achieve the objectives of the Central Bank as set
forth in Section 2 of this Act, or protect the international reserve of the
Central Bank in the imminence of, or during an exchange crisis, or in time of
national emergency and to give the Monetary Board and the Government time in
which to take constructive measures to forestall, combat, or overcome such a
crisis or emergency, the Monetary Board with the concurrence of at least five of
its numbers and with the approval of the President of the Philippines, may
temporarily suspend or restrict sales of exchange by the Central Bank, may
subject all transactions in gold and foreign exchange to license by the Central
Bank, and may require that any foreign exchange thereafter obtained by any
person residing or entity operating in the Philippines be delivered Lo the
Central Bank or to any bank or agent designated by the Central Bank for the
purpose, at the effective exchange rate or rates: Provided, however,
Thai foreign currency deposits made under Republic Act Numbered Sixty-lour
hundred and twenty-six shall be exempt from these requirements. 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.”

SEC. 41. Section seventy-six of the same Act is hereby
amended to read as follows:

“SEC. 76. Exchange rates. — The Monetary Board
shall determine the rates at which the Central Bank shall buy and sell spot
exchange, and shall establish deviation limits from the effective exchange rate
or rates as it may deem proper. 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 effective exchange rates
and the rates thus established may not exceed the corresponding margins for spot
exchange transactions by more than the additional costs or expenses involved in
each type of transactions.”

SEC. 42. Section seventy-seven of the same Act is hereby
amended to read as follows:

“SEC. 77. Revaluation and other 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, and those arising fro many other transactions of the
Central Bank in gold or foreign exchange, shall be distributed in the manner
provided in Section 44 of this Act.”

SEC. 43. Section seventy-nine of the same Act is hereby
amended to read as follows:

“SEC. 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, and shall establish
deviation limits from the effective exchange rate or rates as it may deem
proper. 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.”

SEC. 44. The subtitle of Section eighty-four of the same Act
is hereby amended to read as follows:

“SEC. 84. Other exchange profits and
losses.”

SEC. 45. Section eighty-seven of the same Act is hereby
amended to read as follows:

“SEC. 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, or their transportation within the Philippines; or

“(2) The storing of nonperishable 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 360 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: Provided, however, That the crops or products need not be
pledged to secure the documents if the original loan granted by the Bank is
secured by a lien or mortgage on real estate property seventy per cent (70%) of
the appraised value of which equals or exceeds the amount of the loan
granted.

“(b-1) Other credits. — Special credit instruments not otherwise
rediscountable under the immediately preceding subsections (a) and (b), may be
eligible for rediscounting in accordance with rules and regulations which the
Central Bank shall prescribe. Whenever necessary, the Central Bank shall provide
funds from non-inflationary sources: Provided, however, That the
Monetary Board shall prescribe additional safeguards for disbursing these
funds.

“(c) Advances. — The Central Bank may grant advances against the
following kinds of collaterals 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 360 days;

“(5) Utilized portions of advances in current account covered by regular
overdraft agreements related to operations included under subsections (a) and
(b) of this section, and certified as to amount and liquidity by the institution
soliciting the advance;

“(6) Negotiable treasury bills, certificates of indebtedness, notes and other
negotiable obligations of the Government maturing within three 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.”

SEC. 46. Title C, Article IV, of Chapter IV of the same Act
is hereby amended to read as follows:

“C. SPECIAL CREDIT OPERATIONS”

SEC. 47. Section eighty-eight of the same act is hereby
amended to read as follows:

“SEC. 88. Loans to long-term lending institutions.
— A. Under special circumstances in which the Monetary Board considers it
advisable to promote or facilitate the lending operations, or certain classes
thereof, of banking institutions engaged in long-term financing, the Central
Bank may grant loans or advances to said institutions against pledge or
assignment of payments, installments or amortizations of their borrowers and in
an amount not exceeding forty per cent (40%) of the payments, installments or
amortizations pledged or assigned: Provided, however, That the Central
Bank shall finance said loans from non-inflationary sources and shall establish
additional safeguards as it may deem proper.

“In granting loans and advances under this subsection, 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.”

“B. Under special circumstances, such as the encouragement of bank mergers
and consolidations, in which the Monetary Board considers it advisable to
properly and effectively achieve the objectives mentioned in Section 2 of this
Act and to discharge its responsibility of administering the banking system, the
Central Bank may grant loans or advances to the Development Bank of the
Philippines or to any appropriate Government financial institution under such
terms and conditions as may be prescribed by the Monetary Board which loans or
advances shall be used by the Development Bank of the Philippines or such
Government financial institution to purchase shares of stock of a banking
institution in the Philippines for resale to the general public: Provided,
however, That the amounts of such loans and advances which may be released
at any given period of time shall be compatible with the requirements of
stability: Provided, further. That such loans and advances are secured
by assets which are defined as acceptable security by a concurrent vote of at
least five members of the Monetary Board.

“For the purpose of this subsection, the Development Bank of the Philippines
shall be authorized to underwrite, purchase, sell, pledge, mortgage or otherwise
dispose of shares bf stock of a banking institution in the
Philippines.”

SEC. 48. Section ninety of the same Act is hereby amended to read as
follows:

“SEC. 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.

“The Central Bank may, at its discretion, likewise grant advances to banking
institutions, even during normal periods, for the purpose of assisting a bank in
a precarious financial condition or under serious financial pressures brought
about by unforeseen events, or events which, though foreseeable, could not be
prevented by the bank concerned: Provided, however, That the Monetary
Board has ascertained that the bank is not insolvent and has clearly realizable
assets to secure the advances: Provided, further, That a concurrent
vote of at least five members of the Monetary Board is obtained.

“In connection with the exercise of these powers, the prohibitions in Section
133 of this Act shall not apply insofar as it refers to acceptance as collateral
of shares issued by commercial, industrial and non-financial enterprises, but
not shares issued by banking institutions: Provided, however, That
should the Central Bank acquire any of these shares it has accepted as
collateral as a result of foreclosure proceedings, the Central Bank shall
dispose of said shares to the public within one year from the date of
consolidation of title by the Central Bank.”

SEC. 49. Section ninety-one of the same Act is hereby
amended to read as follows:

“SEC. 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. Interest and rediscount rates
shall be applied to all banks of the same category uniformly and without
discrimination.”

SEC. 50. Section ninety-five of the same Act is hereby
amended to read as follows:

“SEC. 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 twenty per cent: (20%) of the average annual income of
the borrower for the last three preceding fiscal years.”

SEC. 51. Section one hundred of the same Act is hereby
amended to read as follows:

“SEC. 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 of the same category uniformly and without discrimination.

“The Monetary Board, may, at its discretion, require banks and/or other
financial institutions to maintain reserves against their liabilities for
deposit substitutes as defined in this Act and as determined by the Monetary
Board for this purpose. Reserves against deposit substitutes, if imposed, shall
be determined in the same manner as provided for reserve requirements
against regular bank deposits, with respect to the imposition, increase, and
computation of reserves.

“The Monetary Board may exempt from reserve requirements deposits and, in
appropriate cases, deposit substitutes, with remaining maturities of two years
or more.”

SEC. 52. A new section is hereby added after Section one
hundred of the same Act to read as follows:

“SEC. 100-A Definition of deposit substitutes. —
The term ‘deposit substitutes’ is defined as an alternative form of obtaining
funds from the public, other than deposits, through the issuance endorsement, or
acceptance of debt instruments for the borrower’s own account, for the purpose
of relending or purchasing of receivables and other obligations. These
instruments may include, but need not be limited to, bankers acceptances,
promissory notes, participations, certificates of assignment and similar
instruments with recourse, trust certificates and repurchase agreements. The
Monetary Board shall determine what specific instruments shall be considered as
deposit substitutes for the purpose of Sections 100 and 109: Provided,
however, That deposit substitutes of commercial, industrial and other
non-financial companies issued for the limited purpose of financing their own
needs or the needs of their agents or dealers shall not be covered by the
provisions of Sections 100 and 109.”

SEC. 53. Section one hundred six of the same Act is hereby
amended to read as follows:

“SEC. 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 hank 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.

“The Monetary Board may modify or set aside the reserve deficiency penalties
provided in this section, for part or the entire period of a bank
strike or lockout as defined in the Industrial Peace Act, or of a national
emergency affecting bank operations.”

SEC. 54. Section one hundred seven of the same Act is hereby
amended to read as follows:

“SEC. 107. Interbank settlements. — The Central
Bank shall establish nationwide facilities to provide interbank clearing at no
cost to the banks.

“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.”

SEC. 55. Section one hundred eight of the same Act is hereby
amended to read as follows:

“SEC. 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 bank credit is not granted for
speculative purposes prejudicial to the national interests. Regulations on bank
operations shall be applied to all banks of the same category uniformly and
without discrimination.”

SEC. 56. Section one hundred nine of the same Act is hereby
amended to read as follows:

“SEC. 109. Interest rates, commissions and charges.
— The Monetary Board may fix the maximum rates of interest, expressed as simple
annual rates, which banks may pay on deposits, on deposit substitutes and on
other obligations. The Monetary Board may provide interest rate differentials on
the basis of maturity and size of deposits, deposit substitutes and other
obligations of banks. The Monetary Board may eliminate interest rate ceilings
for deposits, deposit substitutes, and other obligations of banks above a
specified amount, or exempt from interest rate ceilings deposits, deposit
substitutes, and other obligations with remaining maturities of two years or
more.

“The Monetary Board may, at its discretion, fix the maximum rates of
interest, expressed as simple annual rates, which other financial institutions
may pay on deposit substitutes; and/or may provide interest rate differential
oil the basis of maturity and size of deposit substitutes above a specified
amount; and/or exempt from interest rate ceilings deposit substitutes with
remaining maturities of two years or more.

“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.”

SEC. 57. Section one hundred eighteen of the same Act is
hereby amended to read as follows:

“SEC. 118. Official deposits. — The Central Bank
shall be the official depository of the Government, its political subdivisions
and instrumentalities as well as of government-owned or controlled corporations
and, as a general policy, their cash balances should be deposited with the
Central Bank, with only minimum working balances to be held by government-owned
banks and such other banks incorporated in the Philippines as the Monetary Board
may designate, subject to such rules and regulations as the Board may
prescribe.”

SEC. 58. Section one hundred twenty-one of the same Act is
hereby amended to read as follows:

“SEC. 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 may pay interest on deposits of the Government or of its political
subdivisions and instrumentalities, as well as on deposits maintained by banks
as part of their reserve requirements.”

SEC. 59. Section one hundred thirty-two of the same Act is
hereby amended to read as follows:

“SEC. 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: Provided,
however, That promotions, transfers, assignments, or reassignments by the
Monetary Board are deemed made in the interest of the service and not
disciplinary, any provision of existing law to the contrary notwithstanding.

“Officers and employees of 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.”

SEC. 60. This Decree shall take effect immediately.

Done in the City of Manila, this 29th day of November, in the year of Our
Lord, nineteen hundred and seventy-two.

			(Sgd.) FERDINAND E. MARCOS President Republic of the Philippines
	By the President:
	(Sgd.) ALEJANDRO MELCHOR
		Secretary Executive