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LM Banking Law Study Guide 9jan2018
LM Banking Law Study Guide 9jan2018
Guided
Week 1-3 I. GENERAL BANKING LAWS (GBL) and related laws discussion
Lecture
A. General Concepts Recitation
Case
i. Declared State Policy digests/
ii. Definition of Banks analyses
iii. Distinction from quasi-banks Group
iv. Investment Companies activity
v. Nature of Banking Business
vi. Debtor-creditor relationship
(Art. 1980, New Civil Code (NCC)
- Simple loan
- Depositary
- Trust Agreement
vii. Applicability of Legal Compensation
viii. Diligence required (Sec, 2 GBL)
viii. Public Interest Involved
ix. Liability for Acts of Officers and Employees
- Commission of crimes (See RPC provisions on estafa
and qualified theft)
- Liability for damages
ix. Classification of banks
Jurisprudence:
B. Organization of Banks
Jurisprudence:
- Producer’s Bank of the Philippines vs. NLRC, G.R.
No. 118069, November 16, 1998;
- Development Bank of the Philippines vs. Commission on Audit,
G.R. No. 88435, January 6, 2002;
- Perez v. Monetary Board, G.R. No. 23307, June 30, 1967;
C. Functions of Banks
i. Deposit functions
- Kinds of Deposits
ii. Safety deposit boxes
iii. Loan functions
- Single Borrower’s Account (Sec. 35.1, GBL; BSP
Circular 425)
- DOSRI Accounts (Sec. 26, NCBA, Sec. 36, GBL)
- Prohibited acts of borrowers (Sec. 55.2, GBL)
iv. Other Functions
v. Prohibited acts of banks
Jurisprudence:
- Serrano vs. Central Bank of the Phils. GR No. 30511, February 14, 1990;
- CA Agro-industrial Dev. Corp. v. CA, 1983, GR. No. 90027, May 3, 1993.
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Guided
Week 4 and 5 III. SECRECY OF BANK DEPOSITS (R.A 1405, as amended) discussion
Lecture
A. Purpose Recitation
B. Prohibited Acts Case
C. Deposits Covered digests/
D. Exceptions analyses
Relate to other applicable laws
i.Foreign Currency Deposit Act
ii.Anti-Graft and Corrupt Practices Act
iii. National Internal Revenue Code
iv.General Banking Law
v. New Central Bank Act
vi.Human Security Act
E. Garnishments of Deposits
i.Freezing of Deposits
Jurisprudence:
- China Banking Corp. vs. Ortega, GR No. 34964, 49 SCRA 356,
January 31, 1973;
- Salvation vs. Central Bank of the Philippines, GR No. 94723,
August 21, 1997;
- Philippine Commercial and Industrial Bank vs. CA, G.R. No. 84526,
193 SCRA 452, January 28, 1991;
- Marquez vs. Desierto, GR No. 135882, June 27, 2001;
- BSP Group vs. Sally Go, GR No. 168644, February 16, 2010; and
- Union Bank vs. CA, GR No. 134699, 321 SCRA 563, December 23,
1999.
Jurisprudence:
Intengan vs. Court of Appeals GR No. 128996, February 15, 2002.
Jurisprudence:
- Ligot, et al v. Republic of the Philippines, G.R. No.
176944, March 6, 2013.;
- Republic of the Philippines vs. Austria Martinez, G.R. No.
174629 , February 14, 2008.
Jurisprudence:
- Republic vs. FNCB, GR. No. 16106, December 30, 1961
Suggested reference materials:
1. Banking laws and jurisprudence by Efren Vincent Dizon, Rex Bookstore, Inc..
2. Notes and Cases on Banking and Negotiable Instruments Law II by Timoteo Aquino, Rex Bookstore, Inc.
3. Philippine General Banking Law by Rafael Morales.
4. Supreme Court Reports Annotated
Electronic Sources:
1. http://sc.judiciary.gov.ph/
2. http://www.lawphil.net/