MODULE 3/ CHAPTER 3                  4. 2nd century A.
D                        as money = They develop
                                                                               manyMODERN
   1. Historical                     By the 2nd century A.D.,
                                     transactionswere registered by
                                                                               BANKING FUNCTIONS
      Perspective                                                              INCLUDING:
                                     public notaries.
      Worldwide                                                                      Mainting
                                     Runner of clearing house made by
                                                                                      deposits
1.2000 B.C                           the Charperfere purchases or
                                     credited were recorded no money
                                                                                     Making loans
The development of the banking
                                     change hand.                                    Keeping reserves
system and early banking practices                                                   Creating Money
started in the temples of Babylon        Settlements made by a
as far back as 2,000 B.C.                 certain designated period.     EMEBELLISH HOW GOLDSMITG
                                         Seditary    Bankeers of        OPERATED AS A BANK
    They       gave     loans,
                                          Mediteranian         City-
     didstributed to those                                                  Goldsmith        Banker
                                          especially Venice, Geroa
     people who needs sucj as
     widows.
                                          and     Emphatus     gave            business          Role
                                          emphatus       to      the           Emerge      in    17th
    Credit Transaction , such
                                          COMMERCIAL BANKING
     as clay tablet
                                          SYSTEM TODAY                         Century        London
                                                                               graudally    expanded
2. 8th century B.C
                                        2. Goldsmiths                          Services:
Earlier versions of bank drafts                                                1. Storage of wealth
andchecks were in wide use in        A goldsmith is a metal
                                                                               2. Providing Loans
Assyria sometime during the 8th      worker   who   specializes
century B.C.                                                                   3. Transfer of Money
                                     inworking with gold and other
                                     precious metals. Nwadays they             4. Providing bills of
3. 4th century B.C                                                             Exhange that would
                                     mainly specialize in jewelry-
temples, public bodies, and          making       but    historically,         Lead the Development
private firms were dealing in the    goldsmiths have also made                 of checks.
receipt of deposits and the          silverware, platters, goblets,
loaning of funds.
                                                                         GOLDSMITH          BANKER
                                     decorative and serviceable
                                     utensils, and ceremonial or         =BECAME     THE    KEY
    THE Greek System both                                               DEVELOPMENT    IN  THE
                                     religious items.
     influence Egypt and                                                 HISTORY OF THE BANKING
     Rome                            Goldsmiths often acted as           THAT LEAD TO MODERN
    Runner of clearing              bankers, since they dealt in gold
                                                                         BANKING
     house made by the               and had sufficient security for
     Charperfere purchases           the safe storage of valuable        3. ROLES OF GOLDSMITH
     or     credited     were        items, though they were usually
     recorded no money               restrained from lending at               maintainingsaf
     change hand.                                                              e       Goldsmiths
                                     interest, which was regarded
                                                                               STORAGE OF GOLD ,
    Settlements made by a           as usury.                                 s i l v e r , AND
     certain       designated
                                                                               DEPOSITS OF MONEY
     period.                            1. GOLDSMITH- Direct
                                                                              loaningoutdep
    Seditary Bankeers of                  Ancestor of the                     ositsofmoney(
     Mediteranian        City-             Banking as a Whole                  aswellastheiro
     especially Venice, Geroa           2. Gold Is the use of                  wnmoney)
     and Emphatus gave                      production input used also
      transfering      money        1. 16th century – the first                 Orato Delta Costa played
       holdings from town to         financial institution was organized          the Role by the Obras Pias
       one person to person          in the Philippines to take care of           in the Trade
      Trading         foreign       the flourishing galleon trade          Alkadez Mayores – seekingly to
       exchange and bullion          existing between the country and       aument their earnings in trading
                                     Mexico. That institution was called    local produce also relied in the
       Bullion-refers           to
                                                                            OBRAS PIAS IN FINANCING
       physical gold and silver of   Obras Pias.
       high purity that is often                                            1828 – The Spanish government,
                                     - OBRAS PIAS – was a charitable
       kept in the form of bars
                                     foundation during the Spanish          cognizant of the improving
       ingots or coins.
                                     period. The word itself means          progress, granted a charter to
   Discounting         Bills   of   works of piety in Spanish. The         establish the first commercial
    exchange                         Church directed a share of             bank.
                                     personal fortunes to its charities
4. Significant personage             such as the Obras Pias.
                                                                            1851 – However, it was not until
                                                                            1851 that the bank named Banco
that dominated those                 Such credit institutions had been      Espanol-Filipinostarted
times                                under the control of the friars, and   operations. It performed general
                                     eventually became commercial           banking functions and partly
  1. The Lombard jews                banks or marine insurance              financed foreign trade.
  2. The medici family- 2ND          companies.
       period of Florentine                                                 Today, the bank still exists
                                          Capital     from      Pias
       Financial Power                                                      bearing the name Bank of the
                                           Catholics and its funds
  3. Fuggerfamily=                                                          Philippine Islands (Banco
                                           where loan out in interest
     Greatest       Money                 Operate in 1820 non              delas Islas Filipinas)
                 th
     lender in 16 Century                  existent                                  Privelage on note
  4. John Law's financial                 Charitable Institution                     issue on OCT 17,
     System= almost in                     during Spanish Period =
                                                                                      1854
     drewer to France                      WORKS OF PIETY IN
                                           SPANISH                          1853 - the Banco Peninsular
COMMON REFRAME
                                          Funds used in                    Ultramarino of Madrid put up a
    Favor of royalty and the                                               branch in the Philippines, but
                                                  Religious
     govnerment and wider                                                   stopped operations four years
                                                  Charitable               later.
     power during their day
                                                  Educational
5. PHILIPINE         BANKING                        purposes                1869 – The opening of the Suez
                                                                           Canal led to the accessibility of the
HISTORY                                     Some      funds    where
                                           manage                  by       European markets. British capital
      Our own past was                    Confraternities invested         found attraction in the Philippines.
       intertwined     to the              capital for underwritibg         1873 – the Chartered Bank of
       colonization   of   oiur            cargoes for his Galleon
                                                                            India, Australia, and China
       country by conlomeration            Trade
                                                                            established branches in the
       of races                           PIAS as source of                country. It was followed, two years
      FROM   SPANISH TO                   Financing in Galleon Trade       later, by a branch of the Hongkong
       PRSENT=     BANKING                 which lasted for 250 yrs         and Shanghai Banking Corporation.
       HISTORY       WITHSTAND             witth nmo vessels crosiing       These      establishments     were
       THE RACES                           the PH and Mexico .
engaged in      general    banking                of 1 million       was     1939    -    three    banks
business.                                         establihsed                commenced        commercial
         Also sold and both           1916 - Foreign banks dominated        banking operations, namely:
            drafts in exhange.         the Philippine scene until 1916       Bank of the Commonwealth,
            Hence it is more in the    when the Philippine National Bank     Philippine      Bank       of
            category      of           was granted its charter. It was       Communications, and the
            Exhange     Bank           granted the privilege to issue its    government-owned
            rather      than           own notes. It was engaged in
                                                                             Agricultural-Industrial Bank.
                                       extending short-term notes to
            Commercial Banks                                                 the First Philippine Commission
                                       merchants and long-term loans to
            today                      agriculture and industry.             passed Act 52 which provided
                                                                             for the examination and
1882 – The Monte de Piedad, a                   Capitalize by 20            inspection of banks as an initial
savings     bank,      commenced                million              peso,
                                                                             step toward the objective of
operations in 1882.                             internally subscribed
                                                                             safeguarding the interests of
                                                by Government little
END OF SPANISH REGIME                           of its is private citizens
                                                                             depositors and stockholders.
            1. 3 COMMERCIAL                    Establish branches and           17 BANKS with the same
               AND 1 SAVINGS                    sub-branches in the               number of s Of Manila
               BANK                               Recognizing in 1934 .           Offices, 54 provincial
            2. SUPERVISIPMN                       and capital reduces to          branches . 52 Provinical
               AND REGULATION                     MILLION PESO                    agencies and 1000 Sub-
               WHERE
                                       Banks established           after          agencies.
               NEGLIGIBLE
                                                                                 The mixture of Foregin and
               WHERE       ONLY        world war 1:
                                                                                  Domestic Capitalization
               SPANISH      CIVIL
                                          1. 1919 - the Yokohama
               CODE                                                          The Bureau of       Banking -
               REGULATINGH                   Specie Bank
                                          2. 1920 - the China                which was created in 1929, had
               BUSINESS
                                             Banking Corporation             the power of supervision over
            3. GOV NO DEFINITE
                                          3. 1926 - the Peoples Bank         banks through the Bank
               COMMITMENTS
               AND                           and Trust Company and           Commissioner. The Insular
               RESPONSIBILITY                the Mercantile Bank of          Treasurer was thus relieved of
               TO THE BANK AND               China                           such duties.
               THEIR CLIENT               4. 1937 -The Nederlandsch          1930-       MARKSTONE          =
                                             Indische Handelsbank            Establishment of Manila Cleaning
PH BANKING HISTORY (
                                             opened a branch in              House organized by Domestic
AMERICAN PEIOD )                                                             Banks , Banking Industry gained
                                             1937.
                                                                             establishing and was exempted in
1906    - the Postal Savings Bank
                                       1938 - The Philippine Bank of         the banks of holiday in 1933
was created as part and parcel of
                                       Commerce, the first private
the Bureau of Posts to inculcate the                                         JAPANESE ERA
habit of thrift in the minds of the
                                       bank with genuine Filipino
people, particularly those in.the      capital, opened its doors for
                                                                             1942    The Southern Development
low income groups.                     business in 1938.
                                                                             Bank (Nampo Kaihatsu Ginko)
         2 Years later the agri           Bank of Taiwan aparted a
          banks with capitalizing             permission to operate          opened a branch in Manila in 1942
                                              branch in Manila .             and acted as the fiscal
agent of the Japanese government               indibvidual program of         Decree No. 1801 designated the
in the Philippines                             expansion         through      Central Bank of the Philippines as
                                               establishmebt in Manila        thecentral monetary authority
Upon the liberation of Manila, the
                                               nad established Linkage in
banks operating in the Japanese                                               1987     -   1987     Constitution
                                               imroving services ro the
occupation were unable to reopen                                              adopted aimed at essentially at
                                               general public.
for business. . Banks, therefore,                                             establishing   an     independent
turned toward government aid.          1948 - the General Banking             monetary     authority     through
                                       Act was passed into law. It            increased    capitalization    and
Presidential  directive,                                                      greater       private        sector
                                       provided the definitive rules of
Executive Order 96 -                   conduct for all banking institutions   representation in the Monetary
invalidated       all  Japanese        as to organization, management,        Board.
occupation deposits. Wartime           and operation.
payments on bank loans with scrip
money Nwere, however, declared         1949 - Republic Act No. 265,               PH BANKING TODAY
valid by the courts.                   otherwise     known       as
                                                                              Republic Act 11211 the
Executive Order 48 - on the            theCentral Bank Act, was
                                       passed. Justification of the Bangko
                                                                              New Central Bank Act of
other hand, paved the way for the
                                       Sentral's existence today may be       2019
reopening of the prewar banks.
                                       traced to the two attendant
The first license was given to the                                                 SiGNED BY Duterte        Feb
                                       problems of the
National City of New York and                                                       14, 2019
several others followed suiT.          Philippine postwar period.                 1. Enhances corporate
1945 - Commonwealth Act                                                              viability     and
                                           1. the adjustment of the
                                                                                     independence
725 was approved which enabled                transition from a colonial
                                              raw-material-producing               Increasing capital from
domestic banks to reopen in March
1946.                                         economy to that of an                 50 billion to 200 billion
                                              agroindustrial economy                pesos
     Act provided asa sum of 10           2. how to gear the resources            Funding came from
      million ti rehabilitaoin the            of the banking system to              declared dividends of
      domestic banks though                   the     major    economic             BSP in the National Gov
      gov subs of the prefereed               objective
1946 - the Postal Savings              1972 - Presidential Decree                 2. Include employment
Bank boasted of added facilities       No. 72 wasissued, amending                    in     its  primary
in   cities,    provinces,      and    Republic Act No. 265 tokeep it                objective
municipalities.                        attuned with changing economic                       Maintain price
                                       conditions. It emphasized the                         stability      to
1947- The Rehabilitation               maintenance of domestic and                           conducive balanc
Finance Corporation was                international monetary stability as                   e and sustainable
created by virtue of Republic Act 85   the Central Bank's primary
                                                                                             growth         of
on 2 January 1947. Its main            objective and expanded its
                                                                                             economy
objective was the rehabilitation of    authority      to  include      the
the war-ravaged country, as well as    supervision of the bankingsystem           3. restoresBSP's
to step up economic development.       and the regulation of the entire              authority to issue debt
                                       financial system.                             papers
     Bank of America granted
      permission to do missery         1973 - With           the    1973
      in Manila . Launched             Constitution,          Presidential
   4. widens thecoverage o      activities of these banks are             over commu network .
      finstitutions   under     subject to supervision of the             Such as internety and
      BSP supervision           Bangko Sentral ng Pilipinas (the          participantsina network.
           include money       central bank of the Republic of
                                the Philippines).                   As of February 2009
             services    and
             create grabnting   Technology has brought us               6,455 banks that
             business    and    ebanking, the provision of               operated             with
             payment system     banking services (deposit taking,        automated           teller
             operation          payments, mortgages, and                 machines, broken down
                                other financial services sold by         as follows:
   5. BSP     incomederived     banks) over the Internet or other        1. 6,455 universal and
      from it sgovernmental     electronic networks.                         commercial banks
      functions will be                                                  2. 748 thrift banks
                                THE INSTRUMENTS OR                       3. 83       rural     and
      exempt from taxes.
                                DEVICES USED TO PROVIDE                      cooperative banks
Republic Act No 7653            E-BANKING SERVICES ARE                   4. However, only 92
                                CALLED E-MONEY.                              banks         offered
Republic Act No. 7653, or the
                                                                             electronic banking
New Central Bank Act of 1993,
                                   E-money can be divided                    services
governs Philippine banking
today.                             into three groups:
                                                                    E-banking is regulated by
    It provides for the           1. Access devices                four main BSP prescribed
     establishment of a               =   allow people to           prudential guideline
     independent monetary              withdraw deposit , cash
                                                                        Circular No. 240 (2000)
     authority to be know as           transfer funds and pay
                                                                        Memorandum to All
     the Bangko Sentral ng             bills from other banks
                                                                         Banks (19 June
     Pilipinas (BSP                    accounts       withouth
                                                                        2000)
                                       pysically going to the
AS OF NOVEMBER 2018                                                     Circular Letter (8 August
                                       bank or pay ac heck.
                                                                         2000)
    43      universal and         2. Cardbased products                and Circular No.269
     commercial banks,                = stored value and                 (2000)
    57 thrift banks                   prodcts .
    492 rural banks                   = PREPAID CARDS              Significant legislation passed
    40 credit unions                  which funds are stored       into law that govern the
    6,267 non-banks with              in a nelectirnic form in a   present Philippine banking
     quasi-banking                     compu or intergrated in      system.
    functions      in the             the cards.
     Philippines.                                                       REPUBLIC ACT 8791
                                   3. Prepaid      software
Provided under Section 4              products or network               May 23 2000
of Republic Act No. 8791              money                             provides the
otherwise known as “The               = Involve funds that are           regulation of the
General Banking Law of                 stored in electronic form       General banking law of
2000” , the operations and             or device that hardisk of       2000 insitutionalize a
                                       the comp and transfer
   certain man of reforms in           to adopt international       AND PROSECUTORS
   the PH provides the                 y accepted standards         INVOLVED IN MONEY
   regulation and org of the                                        LAUNDER
   banks ans quasi banks and        5. Application of
   trust entities.                                                  5 notable features of Anti-
                                       firprper rule
                                        Empowered to               Money Laundering Law
organization and operations
of banks, quasi-banks, and                 disqualify renowed       1. Criminalizing Money
trust entities.                            or suspend a diretor     Laundering
                                           or officer of ar acts
MORE IMPORTANT FEATURES                    and commits that is      2. Estblishment of a system
OF NEW LAW                                 unfit for the positoin   covered transaction reporting
   1. Greater foreign                                               3. Creation of Anti Money
      participationin the           6. Grant of authority to        Laundering Council
      system,thus inducing             the BSP to regulate
                                                                    4. Amendment of the Bank
      competition                      electronic banking           secrecy Law
       ACQUIRE 100 % of                To ensure adequate
                                           protected of banks       5. Insitutions of procedures
         voting stock can be
                                           depositors and           and arrangements
         done by foreign
         banks of the existing             other clients
                                                                    Commercial Banking
         banks ( 7yrs)           Republic Act 9160 Anti-            Industry
   2. Three-year                 Money Laundering Act of
      moratorium on the                                             core of the banking
                                 2001
      establishment of                                              industry
      commercial banks               SEPT 29,2001                      the country is steadily
                                                                         moving to a scenario in
                                 Concealment ( action of
   3. Stricter rules                                                     which there are fewer but
                                 hiding somehging or                     more financially powerful
      governing hank
                                 preventing something fror               main banks that are better
      exposure to directors,
                                 being known) of the origin of           able to compete in a
      officers, stockholders,                                            borderless world
                                 obtained money
      and related interests
      (DOSRI).                   =SEC 2 PROTECT AND                 On 19th of April 2000, the
                                 PRESERVE THE INTERGRITY            Monetary Board approved
       DOSRI is expanded        AND CONFIDENTIALITY OF             the issuance of Circular No. 237
         to include              BANKS ACCOUNTS AND TO              (Section XI 12 of the Manual of
         investment of the                                          Regulations for Banks and Section
                                 ENSURE THE PH SHOULD
                                                                    4112 of the Manual of Regulations
         bank in enterprises     NOT BE USED AS MONEY               for Non-Bank Financial
         own and controlled      LAUNDERING SITE FOR THE            Institutions)
         said by the dosri .
                                 PROCEEDS OF ANY
         Monetary board can
                                 UNLAWFUL ACTI
                                                                    Bank mergers and
         define related term                                        Consolidation
         interest.               THE STATE SHALL
   4. Grant of authority         EXTENTION COOP IN THE                  1. Merger
      tothe Monetar Board        TRANSACTIONAL INVESTI
absorption of one or more         The entry of foreign banks in the    kinds including retail banks,
corporations by another           Philippines through the              commercial or corporate banks,
existing corporation              establishment of Branches shall be   and investment banks.
                                  governed by the provisions of the
    retains its identity and     Foreign Banks Liberalization Act     =regulated by the national
     takes over the rights,                                            government or central bank.
     privileges, franchises,      SEC. 73. ACQUISITION OF
     and properties, and          VOTING STOCK IN A                    WHAT IS BANK ?
     assumes all the              DOMESTIC BAN                         Section 3. Definition and
     liabilities and
                                  Within seven (7) years from the      Classification of Banks.
     obligations of the
                                  effectivity ofthis Act and
     absorbed corporation(s                                            3.1. "Banks" shall refer to
                                  subject to guidelines issued
                                                                       entities engaged in the
                                  pursuant to the Foreign Banks
    2. Consolidation                                                   lending of funds obtained in the
                                  Liberalization Act, the
union of two or more              Monetary Board may authorize         form of deposits.
                                  a foreign bank to acquire up to
corporations into a single                                             Nature of BANKING
                                  one hundred percent (100%) of
new corporation, i.e.,                                                 Business
                                  the voting stock of only one (1)
consolidated corporation
                                  bank organized under the laws
                                                                           "a bank makes money
    consolidatedcorporatio       of the Republic of the Ph
                                                                            out of other people's
     n shall thereupon and
                                  SEC. 74. LOCAL BRANCHES                   money
     therefter possess al the
                                  OF FOREIGN BANK                          the bank is said to
     liabilities and
                                                                            "trade on the equity."
     obligations of each          Philippines
                                                                           Trust and confidence,
     constituents
                                  In the case of a foreign bank             futurity and risk are the
     corporations
                                  which has more than one (1)               basic elements of credit
   BANKING                        branch in' the Philippines, all           transactions.
                                  such branches shall be treated           The bank, by giving
   DEREGULATION                   as one (1) unit for the purpose           loans, receives interest,
                                  of this Act, and all references to        which becomes its
SEC. 11. FOREIGN STOCK
                                  the Philippine branches of                income from the
HOLDING                           foreign banks shall be held to            business of banking.
Foreign individuals and non-      refer to such units                       This does not mean,
bankcorporations may own or                                                 however, that the bank
                                  Perspective on Bank or                    takes advantage of the
control up to forty percent
(40%) of the voting stock of a    Banking                                   depositor's money for it
domestic bank. This rule shall                                              is one institution that
                                  =an institution which deals
apply to Filipinos and domestic                                             can be a debtor and a
                                  primarily in the receipt of
non-bank corporations.                                                      creditor at the same
                                  deposits and the loaning out of
                                                                            time.
                                  funds.
SEC. 72. TRANSACTING
BUSINESS IN THE                   =provides financial services         Two Basic PRINCIPLE
PHILIPPINES                       such as wealth management,
                                                                       1. First Principle
                                  currency exchange, and safe
                                  deposit boxes has different
=States that a certain amount            organized by the state and       4. TRUST COMPANY
deposited will support several        sometimes has a minimum of
                                                                          an institution which deals in
times as much in credit               private ownership
                                                                          fiduciary activities such as
=known as the partial reserve         EX, LANDBANK                        administrator of estates,
system its origin dates back to                                           guardian of minors' interest,
                                      3. DOMESTIC
the time when precious metals                                             executor of last wills
like gold were entrusted to           incorporated under the laws of      andtestaments, registrar and
goldsmiths for safekeeping            the Philippines, it is a domestic   transfer agent of stocks and
                                      bank.                               bonds, and similar
=its influence is still felt in the
commercial banking system as                                              5. SAVINGS BANK
well as its application
                                      Follows thatmajority of the         primarily receives for
=the central bank imposes a           stocks are owned by Filipinos in    safekeeping funds from
legal serve on deposit liabilities    conformity with the Philippine      persons
of all banks to control the credit    Corporation Code
                                                                          who have no immediate need
operations of the banking
                                      Ex. PNB                             for cash and invests these funds
system
                                                                          in long-term investments.
                                      4. FOREIGN BANK
2. SECOND PRINCIPLE                                                       6. RURAL BANK
                                      incorporated under the laws of
= states that a greater portion       another country follows the         organized primarily to cater to
of deposits in commercial             pattern of incorporation in the     the needs of small farmers,
banks arises out of the               country to which the owners         small businesses, small cottage
proceeds of loans a borrower          owe allegiance                      industries, and cooperative
may simply arrange to have the                                            associations.
loan proceeds turned into a           EX. CIMB BANK
deposit after his loan                                                    7. DEVELOPMENT BANK
                                      ( AS TO STRUCTURE )
application is duly processed                                             takes care of giving loans to be
and approved                          1. STOCK CORPORATION                used for developing the
=the bank simply creates an           sell shares of stock to the         economy and may therefore
asset against a liability             general public to raise capital     engage in medium and long-
                                                                          term lending.
=this is the situation where a        2. NON STOCK CORPO
bank becomes a creditor and
debtor at the same time               the organization is on a            8. COOPERATIVE BANK
                                      membership basis for mutual
TYPES OF BANKS                                                            organized to furnish the credit
                                      benefits and service rather than
                                                                          needs of duly registered and
     AS TO OWNERSHIP                 for profit.
                                                                          operating cooperative
    1. PRIVATELY OWNED                AS TO FUNCTION AND                  associations of different kinds.
    organized and capitalized         LINE OF DEVELOPMENT                 9. INVESTMENT BANK
    By private citizens for their
                                      3. COMMERCIAL BANK                  assists governmentbodies and
    profit
                                      one that receives demand            newly organized corporationsto
Ex: BDO PRIVATE BANK                                                      raise funds forcapital through
                                      deposits and gives out short-
2. PUBLICLY OWNED                     term loan                           the sale of stocks and bonds
10. CENTRAL BANK                         MOMENTARILY IN        The state does not only
                                         NEED OF THEM          Supervise banks, but with the
a bank of banks, as itdoes not
                                    5.    IN ALLOWAING THE     advent of central banking, it
deal directly with the public the        FLOW OF CREDIT,       also controls the banks'
supervisory and regulatory               FUNDS THE BANK        operations.
agency                                   BECOMES
                                         SIGNIFICNAT IN THE    The following are some o the
AS TO MANAGEMENT                         ECONOMY BECAUSE       reasons why the state
1. UNIT BANK                             THEY CAN CREATE       supervises and controls
                                         MONEY OUT OF LOAN
ownership is                             PROCEEDS
                                                               banks:
concentrated on one                 6.    GIVE EXPERT ADVISE
                                         TO BUSINESSMEN ,      1. THE BANKS ARE ENTRUSTED
corporation which does
                                         THE BANK MAY          WITH OTHERS PEOPLE MONEY
banking business independent             CONTRIBUTE TO THE
of others                                SUCCESS OR            =Their mismanagement or
2. GROUP BANKING                         FAILYTURE OF THE      malfeasance in the duties of
                                         COUNTRY AS A WHOLE    the board of directors will
a majority portion of the stocks    7.    THEY CONTRIBUTE TO   result to banking failure
of two or more banks are held            WISE DECISIONS AND
by a holding company                     PROPER INCENTIVES     2. THE STATE WANTS TO
                                         IN BUSINES AND        ASSURE THAT THE BANKS WILL
3.BRANCH BANKING                         TRADE                 PERFORM THEIR FUNCTIONS
where there is a head office        8.   WITHOUT BANKS         IN THE BEST INTEREST OF
and two or more branches                 FOREIGN TRADE         THEIR CLIENTS THROUGH THE
                                         WOULD STAGNATE OR     HONEST AND EFFICIENT
4. CHAIN BANKING                         PERHAPS NOTY FLOW     CONDUCT OF THEIR
                                         SMOOTHLY              FUNCTIONS
one or more persons control
the activities of banks
                                    9.    THE MAJOR LINK
                                         BETWEEN INTER         =The state must be vigilant in
                                         BUTYER S AND          order to forestall any
ECONOMIC
                                         SELLERS ARE THE       misconduct or inefficient
SIGNIFICCANCE OF BANKS                   BANKS                 banking method
    1.   FACILITATE TRADE           10.        INTERNATIONAL   3. THE BANKS MAY EITHER
         TRANSCATION                     TRADE NECCESITIES
                                                               ABUSE THEIR POWER OR USE
         PARTICULARY CREDIT              THE LETTER S OF
                                                               THEM PRUDENTLY
         TRANSACTION                     CREITD AND
                                         ACCCETANCE WHIHCH
    2.    FACILITATE THE                                       =Since in the modern economic
                                         BANKS HANDLES WITH
         DEALISNG BETWEEN                                      affairs, banks tend to direct the
                                         THE GREATEST CARE
         DEBTORS AND                                           course of progress or
                                         DUE TO THEIR
         CREDITORS                                             otherwise, the state stands
                                         WEALTH EXPERIENCE
    3.    ALLOWS OTHERS THE              IN DEALINGS ON        guard in order that banks will
         USE OF OTHERWISE                CREDIT.               exercise their power with the
         IDLE FUNDS OF THE                                     necessary prudence.
         COMMU IS PRODUCTVE         WHY THE STATES
         ACTIVITIES                 SUPERVISE BANKS            4. THE BANKS, FURTHERMORE,
    4.    LEND FUNDS TO                                        ARE QUASI-
         THOSE WHO ARE                                         PUBLICCORPORATIONS AND AS
IN ALL OTHER CORPORATIONS OF        =The banking sector was badly hit      Republic Act 7721
THIS CALLING, THE STATE MUST        by the recession-depression, with
EXERT ITS RESTRAINING               the Philippines’ banks unable to       Allowed the entry of foreign
INFLUENCE TO SAFEGUARD THE          issue letters of credit on behalf of   banks through any of the three
WELFARE OF ITS CONSTITUENTS.        the country’s importersexporters.      modes:
                                                                            (1) acquisition, purchase or
=In the granting of a charter to    Unable to service its debt, the
                                                                           ownership of up to 60 per cent of
a corporate entity, the state is    government was forced to
                                                                           the voting stock of an existing
one of the parties whose duty       negotiate For a debt service
                                                                           domestic bank,
is to protect the interest of the   moratorium.
citizens.                                                                  (2) investment in up to 60 percent
                                    The economy normalized only in
                                                                           of the voting stock of a new
                                    thesecond half of the 1980s, after
                                                                           banking subsidiary incorporated
                                    the 1986 People Power Revolt
The Bank Liberalization                                                    under the laws of the Philippines,
                                    installed Corazon C. Aquino as the
                                                                           (3) through the establishment of
The Philippine commercial           new President.
                                                                           a Philippine branch with full
banking sector has been             =The Corazon Aquino                    banking authority.
opened to competition, both         Administration also tried to
local and overseas, largely         strengthen the financial system.
                                                                           The Philippines happened to
through a series of                                                        be bullish in 1994. The country
                                    =The huge liabilities accumulated      registered high GDP growth in
governmentinitiated
                                    by the two government banks –          1994-97, which also saw the
liberalization measures.
                                    Philippine National Bank (PNB)
                                                                           rapid liberalization of the
In the post-war era (1940s-         and Development Bank (DBP) –
                                                                           banking and other sectors of
                                    were transferred to the
1960s), the sector catered                                                 the economy. This growth was
                                    government and became part of
largely to the domestic market                                             rudely interrupted by the 1997-
                                    the bigger national debt.
and had limited role in the                                                98 Asian financial contagion
foreign exchange market             =Subsequently, the PNB, then the       that originated from Thailand.
                                    country’s premier bank, was put
                                                                           However, compared to the
1970s - The government              on the privatization auction block.
                                                                           1980-85 financial crisis, the
allowed foreign financial
                                    1994 - the Philippines                 Philippine financial sector
institutions to set up offshore
                                    passedRepublic Act (RA) 7721,          survived this new crisis without
banking units while the
                                    which liberalized the entry and        any major bank closures.
commercial banks were
                                    scope of operations of foreign
authorized to accept foreign
                                    banks.
currency deposits.                                                         REPUBLIC ACT 10641
                                    As a backgrounder, no foreign
Early 1980s - The anti-usury        bank had been allowed entry            Foreign banksare given equal
law became obsolete with the        under the 1948 General                 treatment to that accorded
deregulation of interest rates.                                            domestic banks as they:
                                    Banking Act, except the four
1980-83 - The Philippine            foreign banks licensed during the          shall perform the same
economy was in recession; in        Spanish and American colonial               functions
                                    periods, namely: Hong Kong
1983-85, the recession became                                                  enjoy the same
                                    Shanghai Bank, Citibank, Standard
a full-blown depression, with                                                   privileges be subject to
                                    Chartered Bank, and Bank of
the economy registering                                                         the same limitations
                                    America.
negative GDP growth                                                             imposed upon a
       Philippine bank of the            capital required for         1. TAIWAN
       Similarly,                        domestic banks of the
                                         same category.                   Hua Nan Commercial
Domestic banks under the new                                               Bank Ltd
                                      3. A foreign bank branch
law also enjoy same category                                              Cathay United Bank
                                         is now allowed to open
                                         up to five sub-branches          Yuanta Bank
“Any right, privilege or
                                                                          First Commercial
incentive granted to foreign
                                   Foreign banks that are                 Bank
banks or their subsidiaries
                                                                          Chang Hwa Bank
or affiliates.                     authorized to do:                      Commercial Bank Ltd
Allows foreign banks to                Banking business in the
                                                                      2. KOREA
operate within the                 Philippines through any of the
                                                                          Shinhan Bank
Philippine banking system          three modes of entry shall be
                                                                          The industrial Bank
by:                                allowed to bid and take part in
                                                                            of Korea
                                   foreclosure sales of real
                                                                          Woori Bank
                                   property mortgaged to them,
(1) acquiring, purchasing, or      as well as to avail of             3. JAPAN
owning up to 100 percent of        enforcement and other
                                   proceedings, and accordingly           Sumitomo Mitsui of
the voting stock of an existing                                            Japa
bank                               take possession of the
                                   mortgaged property, for a          4. SINGAPORE
(2) by investing in up to 100      period not exceeding five years
percent of the voting stock of a   from actual possession.                United Overseas
new banking subsidiary                                                     Bank Ltd. Of Singapore
incorporated under Philippine      Proponents of the law justify
laws                               the opening of the banking         5. MALAYSIA
                                   industry to more established
(3) by establishing branches       foreign banks on various               CIMB Bank of Malaysia,
with full banking authority.       reasons, but collectively the      6. CHINA
                                   economic benefits it will bring
But foreign banks can
                                   and the strengthening of the           Beijing-based Industrial
operate in the Philippines                                                 and Commercial Bank of
                                   financial system in the country.
only through any one of
                                                                           China (ICBC)
these three modes of entry.        2019 - more foreign banks
                                   (namely three banks from           The BSP allowed 13
Aside from the increase in
                                   South Korea, Indonesia, and        foreign banks to establish
the allowed foreign                Hong Kong) are looking at          representative or liaison
ownership, RA 10641 also           establishing their presence in     offices in the country
amends:                            the Philippines.
                                                                         1. State Bank of India
   1. Capital requirement for                                            2. Ogaki Kyoritsu Bank Ltd
      foreign branches.            The BSP allowed 12                    3. Wells Fargo Bank
   2. The law requires that        foreign banks to open                 4. Korea Development
      the minimum capital
                                   branches in the                          Bank
      amount should not be                                               5. Bank of Singapore Ltd.
      less than the minimum
                                   Philippines:
                                                                         6. DBS Bank Ltd
    7. Japan Bank for
        International
        Cooperation
    8. Rothschild (Singapore)
        Ltd.
    9. The Bank of New York
        Mellon
    10. Korea Eximbank
    11. UBS AG
    12. Zurich-based Credit
        Suisse
    13. Bank of Taiwan.
The effect of foreign bank
entry in
the Philippines:
A. ADVANTAGES
a. Increased Competition
b. Lower operating expenses
due to increased efficiency
c. Lower interest rates offered
to the ipublic
d. Lower Interest related
income
e. Banks with High political
influence will tend to close
due to competition
f. Non-lending activities like
cost optimization and seeking
for greater efficiency would
keep managers busy
B. DISADVANATAGES
A. Accounting profits would
decline
C. RISKS
a. Profit volatility
b. Encourages underwriting of
riskier loans