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TOPIC 1: PDIC LAW (RA 3591, amended by RA 7400,  no owner/holder of any passbook, certificate of

9302 and 9576) deposit, or other evidence of deposit shall be


recognized as a depositor unless determined by
1. What is the purpose of PDIC law?
the Corporation to be an authentic document or
PDIC was established to promote and safeguard the record of the issuing bank
interests of the depositing public by way of providing
5. What is the maximum deposit insurance coverage
insurance coverage on all insured deposits.
(MDIC)?
2.    What are the main functions of PDIC?
PDIC shall pay deposit insurance on all valid deposits up
 Deposit Insurer to the Maximum Deposit Insurance Coverage of
 Co-regulator of Banks Php500,000, per depositor, of a closed bank.
 Receiver and Liquidator of Closed Banks Deposits are considered valid upon the determination by
3.    What are the public policy objectives of PDIC? the PDIC, based on bank records, that the deposits were
made with a corresponding inflow of cash.
 strengthen the mandatory deposit insurance
6. What are covered by PDIC deposit insurance?
coverage system
 to generate, preserve, and maintain faith and PDIC insures valid deposits in domestic offices of its
confidence in the country's banking system member banks.
 protect it from illegal schemes and
machinations. 1. By Deposit Type:
 Savings
4.    DEFINE  Special Savings
a) Deposit  Demand/ Checking
 unpaid balance of money or its equivalent received  Negotiable Order of Withdrawal (NOW)
by a bank in the usual course of business  Certificate of Time Deposits
 obliged to give credit to a commercial, checking,
savings, time, or thrift account, evidenced by a 2. By Deposit Account:
passbook, certificate of deposit, or other evidence of  Single Account
deposit issued in accordance with BSP  Joint Account
 any obligation of a bank which is payable at the  Account “By”, “In Trust For” (ITF) or “For the
office of the bank located outside of the Philippines Account of” (FAO) another person
shall not be a deposit for any of the purposes of this
Act or included as part of the total deposits or of 3. By Currency:
insured deposit.  Philippine peso
 Foreign currencies considered as part of BSP’s
b) Insured deposit international reserves
 An amount due to any bonafide depositor in an
insured bank as of the date of closure but not to 7. DEFINITION OF ACCOUNTS
exceed Five hundred thousand pesos (P500,000.00).
a)    Single accounts
 In determining such amount due to any depositor,
there shall be added together all deposits in the Single Accounts are individually owned accounts or
bank account held under one name, either as natural person1
 A joint account regardless of whether the or juridical entity2
conjunction ‘and’, ‘or’ ‘and/or’ is used, shall be 1
Natural Person refers to any individual person. Single proprietors
insured separately from any individually owned
are considered natural persons.
deposit account: Provided: 2
Juridical entity refers to a corporation, partnership or cooperative.
1) if the account is held jointly by two or more
natural or juridical persons or entities, the
b)    Joint accounts
maximum insured deposit shall be divided into
as many equal shares as there are individuals, Joint Accounts are accounts held under more than one
juridical persons, or entities, unless a different name.
sharing is stipulated in the document of deposit
2) if the account is held by a juridical person or  A joint account regardless of whether the
entity jointly with one or more natural persons, conjunction “and”, “or” or “and/or” is used shall be
the maximum insured deposit shall belong insured separately from single accounts.
entirely to such juridical person or entity  Unless a different sharing is stipulated in the deposit
 the aggregate of the interest of each co-owner documents, the insured amount up to the Maximum
over several joint accounts shall be P500,000.00 Deposit Insurance Coverage of Php500,000 shall be
divided equally between or among co-owners of a b)    What are the documents required in support of
joint account. the claim?
 The total shares of a co-owner in several joint
 ORIGINAL EVIDENCE OF DEPOSITS
accounts may exceed Php500,000 but will only be
 savings passbook
insured up to the Maximum Deposit Insurance
 certificate of time deposit
Coverage of Php500,000.  bank statement
 Joint accounts held in the names of a juridical entity  used or unused checks
and a natural person shall be presumed to belong  ATM card.
solely to the juridical entity.
 ONE (1) VALID ORIGINAL PHOTO-BEARING
c) “By”, “ITF” or “FAO” accounts IDENTIFICATION DOCUMENT (ID) with clear
signature of depositor/claimant
 In a “By” account, Ana by Ben, Ana is the depositor. (e.g., Driver's License, SSS/GSIS ID, Senior Citizen's
 In an “In Trust For” (ITF) account, Ana In Trust For ID, Passport, PRC ID, OWWA/OFW ID, Seaman's ID,
Ben, Ben is the depositor. Alien Certificate of Registration ID, Voter's ID).
 In a “For the Account of” (FAO) account, Ana For the
Account of Ben, Ben is the depositor.  For depositors below eighteen (18) years old,
photocopy of birth certificate from the Philippine
Statistics Authority (PSA) or a duly certified copy
8. What are the rules in determining accounts issued by the local civil registrar, and valid ID of the
covered? parent.

In the case where a depositor is the sole beneficial


 Original copy of a notarized Special Power of
owner of a single, “For the Account of”, “By”, and “In Attorney (SPA) for claimants who are not the
Trust For” accounts, the consolidated balances of these signatories in the bank records. In the case of minor
accounts shall be insured up to Php500,000. depositor, the SPA must be executed by the parent.

The depositor’s total shares in his/her joint accounts  Claim Form:


shall be separately insured up to Php500,000.  When filing claim during the onsite CSO period,
or during personal filing at the PDIC PAC, a
A depositor with single accounts and joint accounts may system generated Claim Form shall be printed.
have insured deposits of up to Php1,000,000.
 When filing through mail, download the PDIC
9. What is compensation or set-off in relation to Claim Form. The claim form needs to be
computing insured deposits? accomplished, signed, and notarized. Depositors
must ensure that the signature on the Claim
In case of a condition that threatens the stability of the Form is similar with the signature in the bank
banking system, the maximum deposit insurance cover records and the valid IDs submitted.
may be adjusted in such amount, for such a period, as
may be determined by unanimous vote of the BOD c)    Who should sign the Claim Form?
chaired by the Secretary of Finance, subject to the  DEPOSITOR of the account - for depositor 18
approval of the President of the Philippines. years old and above
10. REQUIREMENTS FOR CLAIMS  PARENT of depositor below 18 years old
 AGENT - in the case of "by" account
a)    Who are required to file claims?  TRUSTEE -  in the case of "In Trust for (ITF)"
account
 Depositors:
 EACH DEPOSITOR/ACCOUNT HOLDER for
 With valid deposit accounts with balances of more
account maintained as "Or", "And/Or" or "And
than P100,000.00
- in the case of joint accounts
 With outstanding obligations with the closed bank
 AUTHORIZED REPRESENTATIVE/s - for business
either as borrower, co-maker, or as spouse of
entities, deceased depositors and person who
borrower
has Special Power of Attorney (SPA) from the
 With incomplete mailing address found in the bank
depositor.
records, or failed to update them through the MAUF
issued by the PDIC 11. What are not covered by PDIC deposit insurance?
 With accounts maintained under the name of
business entities The following, whether denominated, documented,
 With accounts not eligible for early payment, recorded, or booked as deposit by the bank, are
regardless of type of account and account balance excluded from PDIC deposit insurance (Section 4 (f) of
per advice of PDIC the PDIC Charter):
 Who are deceased whose filing of claim is thru the  Investment products such as bonds and securities,
legal heirs trust accounts and other similar instruments
 Deposit accounts or transactions that:
- Are unfunded, fictitious, or fraudulent
- Constitute and/or emanate from unsafe and
unsound banking practices* as determined by
the PDIC, in consultation with the BSP, after due
notice and hearing and publication of PDIC’s
cease & desist order against such deposit
accounts/transactions
- Are determined to be proceeds of an unlawful
activity as defined in the Anti-Money
Laundering Act (Republic Act 9160, as
amended)

*Unsafe and unsound deposit-related activities include, among


others: (PDIC Regulatory Issuance No. 2011-01)

- Deposit-related practice/activity/transaction without the


approval or adequate controls required under existing
laws, rules, and regulations
- Failure to keep bank records within bank premises
- Granting high interest rates, when bank has: (i) negative
unimpaired capital, or (ii) liquid assets to deposit ratio less
than 10%
- Non-compliance with PDIC regulations

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