Professional Documents
Culture Documents
Midterm - RFBT
Midterm - RFBT
Midterm - RFBT
-Bank has a right to select those with whom it - Issuing a Postdated check at the time of
will do business and its refusal to accept an the transaction
account is not open to question.
- Insufficient Funds
-One cannot compel the bank to pay the check - Damage to the payee thereof
and no one can file a case against the bank if
the -Dishonorment of check is because of IF. Notice of Dishonor
-The Endorser must always warrant that the
check is genuine. - 3 days upon arrival of notice, the latter
shall provide funds to it. Not doing so
-Drawer = Depositor
shall give effect to the “presumption of
-Drawee = Bank
deceit.”
- Non settlement (after 3 days) of the - Per issuance of bouncing checks
check after it was dishonor, the law - Imprisonment for more than 1 year but
presumes that it is a “prima facie less than 30 years
evidence of deceit constituting - Fine for double the amount but
fraudulent act.” maximum of 200,000
check to apply for an account or any Who are the lenders required to disclose?
value. - Banks and other financial institutions
- Knowledge of the act - Any person in the business of extending
loans, or selling or renting property or
- Subsequent dishonor
services on a time, credit, or installment
basis, either as principal or grant.
Notice of Dishonor
What are the effect if the creditor fails to
- 5 Banking days disclose?
- Presumption of knowledge - The credit transaction remains valid
- Absolute defense after the payment of and enforceable, but the debtor are
afforded for ff. remedies:
bouncing checks
a. File a civil case for damages in the
amount of Php100 or of twice the
Penalties
finance charged, whichever is
greater, but not to exceed P2,000. offense of money laundering
Must be brought within 1 year from referred to in paragraphs a, b, or c
the date of occurrence, in any court
of competent jurisdiction Money laundering is also committed by any
b. If non-disclosure is willful, file a covered person who, knowing that a covered or
criminal case. Penalty is fine not suspicious transaction is required under this act
less than P1,000 or more than to be reported to the Anti-Money Laundering
P5,000 or imprisonment for not less Council, fails to do so.
than 6 months, nor more than 1 Money Instrument
year. Or both
c. The lender will have no right to - Coins or currency of legal tender in the
collect such charge or increase PH, or of any other country
thereof, even if stipulated in the - Drafts, checks, and notes;
promissory note - Securities or negotiable instruments,
bonds, commercial papers, deposit
R.A 9160. ANTI-MONEY LAUNDERING ACT certificates, trust certificates, custodial
- To protect and preserve the integrity and receipts or deposit substitute
confidentiality of bank accounts and to ensure instruments, trading orders, transactions
that the Philippines shall not be used as a tickets and confirmations of sale or
money laundering site for the proceeds of any investments and money market
unlawful activity instruments.
- Activities intended to disguise the origins - Report to the AMLC all covered and
of the proceeds of the crime through suspicious transactions within 5
processes that transform illegal inputs working days from occurrence thereof
into apparently legitimate sources. - Exception: Lawyers and Accountants
- Committed by any person who, acting as independent legal
knowing that any monetary instrument professionals (professional secrecy)
or property represents, involves, or who happened you acquire a suspicious
relates to the proceeds of any unlawful information from that client of yours.
activity. (PUTA-CA) Safe Harbor Provisions
1. Transacts said monetary instrument
or property - No administrative, criminal or civil
2. Converts, transfers, disposes of, proceedings, shall lie against any
moves, acquires, possesses, or person for having made a covered or
Uses said monetary instrument or suspicious transaction report in the
property regular performance of his duties in
3. Conceals or disguises the true good faith, whether or not such
nature, source, location, disposition, reporting results in any criminal
movement or ownership of or rights prosecution under this act.
with respect to said monetary
Covered Transactions
instrument or property
4. Attempts or conspires to commit - Transaction, in cash or other equivalent
money laundering offences monetary instrument, involving a total
5. Aids, abets, assists in or counsels amount in excess of P500,000
the admission of the money (threshold amount) within one banking
laundering offences referred to in days. Casinos (in excess of
paragraphs a, b, or c, and; P5,000,000)
6. Performs or fails to perform any act
as a result of which he facilitates the Suspicious Transactions
- A transaction with a covered institution, - Covered institutions shall maintain
regardless of the amount involved where accounts only in the true and full name
any of the following circumstances of the account owner or holder.
exists (SUSU-DIC) - Accounts shall be opened and created
1. No Underlying legal or trade obligation, face-to-face but due to pandemic, online
purpose, or economic justification is adopted
2. Client is not properly Identified - Peso and foreign currency non-checking
3. Amount involved not Commensurate numbered accounts shall be allowed.
with clients business or financial Provided, that the true identity of the
capacity customers are satisfactorily
4. Transaction Structured in order to avoid established based on official and other
being subject of reportorial requirements reliable documents and records, and
5. Transactions which Deviates from that the information and documents
clients profile and/or clients past required under the provisions of these
transactions with covered institutions rules are obtained and recorded by the
6. Transactions related to Unlawful covered institutions
activities, including those committed or
about to be committed Minimum information/documents required
7. Similar or analogous transactions for corporate and juridical entities:
- it is hereby declared the policy of the state to - Any self-propelled, four-wheeled road
promote full protection to the rights of vehicle designed to carry passengers
consumers in the sale of motor vehicles (Ex. Sedans, Pick-ups, vans)
against business and trade practices which are - Excluding: motorcycles, delivery trucks,
deceptive, unfair or otherwise inimical to dump trucks, busses
consumers public interest Nonconformity
Definition of Terms - Refers to:
Brand New Vehicle 1. Defect of condition that substantially
impairs the use, value or safety
- Constructed entirely new parts 2. Prevents it from conforming to the
- Never been sold or registered with the standard or specification
DOTC 3. Which cannot be repaired
- But excluding:
Collateral Charges
1. Conditions resulting from
- Fees paid to LTO for the registration of noncompliance by the consumer
brand new motor vehicles 2. Modifications not authorized by the
- Such as but not limited to, the cost of manufacturer
insurance pertaining to the vehicle, 3. Abuse or neglect
chattel mortgage fees and interest 4. Damage due to incident or force
expenses if applicable majeure
- At any time, within the lemon right law 1. 20% per annum deducted from the
period, and after at least 4 separate purchase price
repair attempts 2. By using the formula: Distance Travelled
(in KM) * purchase price/ 100,000KMs
Notice of Availment
Any disagreement on this matter shall be
- The consumer shall, in writing, notify the resolved by DTI
manufacturer of:
1. Unresolved complaint Remedies for Dispute Resolution
2. Intention to invoke his right
Mediation
Availment of Lemon Law Right
a. The principle of negotiation,
- Subsequent to the filing, the consumer conciliation and mediation towards
shall bring the vehicle to the amicable settlement must be observed
manufacturer for a final attempt to b. Any cost incurred establishing the
address the complaint of the consumer validity of the consumers complaint shall
to his satisfaction be borne jointly by the consumer and
- It shall be the duty of the manufacturer manufacturer
to attend such complaint c. Complain shall be deemed valid if it is
- In the case of nonconformity remains proved that the MV does not conform
unsolved, the consumer may file a to the standards or specifications set
complaint before the DTI by manufacturers
d. Upon failure of Mediation, the parties
Deemed Successful Repair shall execute a certificate attesting to
- If the vehicle is not returned for repair such failure
within 30 calendar days from the date of Arbitration
notice of release
- In the event of failure to settle the
Event where nonconformity issue still exist complaint, both parties may voluntarily
- After the 30 days but within the lemon decide to undertake arbitration
law period, the consumer may be proceedings
allowed to invoke his rights Adjudication
Compensation for non-use a. In the event that both parties do not
- To compensate for non-usage of the undertake arbitration proceedings, at
MV, the consumer shall receive a least one of the parties may commence
reasonable allowance which covers adjudication proceedings. Adjudication
the transportation from his residence to shall no later than 20 working days
his workplace b. In case of finding where nonconformity
is proved. Either of the ff. remedies must
Reasonable Allowance is equivalent to: be performed
- Replace the motor with a similar and
1. Air-conditioned taxi fare, as evidenced
comparable MV, subject to availability
by official receipt
- Accept the return of the MV and shall - Manufacturer, distributor, authorized
pay for the purchase price plus the dealer or retailer who violated this act
collateral charges shall pay for a minimum amount of
P100,000 as damage to the aggrieved
In case consumer decides to purchase different party
item, the difference between shall be paid by
the latter
An appeal may be taken after such final - With respect to food, drugs, cosmetics,
judgment within 15 days from the receipt devices and substances
thereof. The appeal shall be taken by filing a
Department of Agriculture
memorandum of appeal to the secretary of the
DTI, with notice of appeal to the adjudication - With respect related to agriculture
officer, with a copy of duly furnished the
adverse parties on any of the ff. grounds: Department of Trade and Industry
Exceptions for Conformity with Regulation Drug Reference Manual & Drug Bulletin
- it and its use or intended use conforms - The department shall publish such
to the terms of an exemption for being manual and bulletin to serve as
solely intended for investigational use by reference by manufacturers, distributors,
qualified experts physicians, consumers and such other
- The respective department prescribe the group
conditions under which such additives
may be safely used Administrative Sanction
Adulterated Drugs and Devices - Not less than 1,000 not more than 5,000
- No business shall conduct any home - If the written warranty meets the
solicitation sales minimum requirements
- 9:00am – 7pm of each working day - If the written warranty does not meet
- Other time where the person solicited such minimum requirements
has previously agreed to the same
CHAPTER 4. Labeling and Fair Packaging
Home Solicitation; Whom Conducted
Implementing Agency
- By a person who has a proper
identification and authority from his - Department of Trade and Industry
principal to make such solicitation The prohibition does not include to:
Receipts for Home Solicitation Sales - Engaged in packaging or labeling
- Sales shall be properly receipted - Prescribe or specify by any means the
manner in which such product is pack
Prohibited Representations - Having knowledge, refuse to disclose