PDIC Law To AMLA Law
PDIC Law To AMLA Law
Law on
Other
Business
Transactions
PRESENTED BY: ACIDO, CALARA, CORTEZ, LOPEZ, MANOBA, RIVERA AC2B
Contents
8.1 PDIC LAW
8.1.1 INSURABLE DEPOSITS
8.1.2 MAXIMUM LIABILITY
8.1.3 REQUIREMENTS FOR CLAIMS
PURPOSE
The PDIC exists to protect depositors by providing deposit insurance coverage for the
depositing public and to help promote financial stability.
Maximum Liability
The PDIC provides a maximum deposit insurance coverage of PhP500,000 per depositor per bank. It
covers all types of bank deposits in banks. For insurance purposes, all deposit accounts of a
depositor in a closed bank maintained in the same right and capacity shall be added together. Joint
accounts shall be insured separately from any individually-owned deposit accounts.
Postal Money Orders are sent to these depositors at their respective mailing addresses found in the
bank records or indicated in the MAUF.
PURPOSE
The Septermber 09 1955 Law on Secrecy of Bank Deposits aimed to prevent
private hoarding and encourage depositing money in banking institutions, promoting
economic development through appropriate loan use.
EXCEPTIONS:
Written permission or consent in writing by the Upon order of the court in cases where the
depositor money deposited or invested is the subject
Impeachment cases matter of the litigation
Upon order of the court in competent cases The BIR can inquire into bank deposits in an
Upon a subpoena issued by the Ombudsman application for compromise of tax liability or
determination of a decedent’s gross estate;
Secrecy of Bank Deposits
EXCEPTIONS:
The Anti-Money Laundering Council (“AMLC”) can examine bank accounts pursuant to a court order,
where there is probable cause that the deposits are related to an unlawful activity or money laundering
offense;
The AMLC can examine bank accounts, WITHOUT a court order, where there is probable cause that the
deposits are related to certain crimes such as kidnapping for ransom, violation of the Dangerous Drugs
Act, hijacking, destructive arson, murder and violations of RA 6235 (acts inimical to civil aviation);
The Bangko Sentral can examine bank accounts in the course of its periodic or special examination
regarding compliance with Anti-Money Laundering Law.
PURPOSE
The aim of this act is to protect its citizens from a lack of awareness of the true cost of
credit to the user by assuring a full disclosure of such cost with a view of preventing the
uninformed use of credit to the detriment of the national economy.
COVERED TRANSACTIONS
> Any loan, mortgage, deed of trust, advance, or discount;
> Any conditional sales contract;
> Any contract to sell, or sale or contract of sale of property or services, either for present
or future delivery, under which part or all of the price is payable subsequent to the making
of such sale or contract;
> Any rental-purchase contract;
Section 6, Paragraph C.
Any person who willfully violates any provision of this Act or any regulation issued
thereunder shall be fined by not less than P100 or more than P5,000 or imprisonment for
not less than 6 months, nor more than one year or both.
Anti-Money Laundering Act (AMLA) Law
REPUBLIC ACT NO. 9160
AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSE
The Anti-Money Laundering Act of 2001 or AMLA law and was approved on the 29th of
September which defines money laundering as any act involving the conversion,
transfer, concealment, or disguising of illegally obtained funds.
1.2. This IRR was promulgated to provide the details of implementation of the AMLA, as well as to
assist all covered persons, supervising authorities, law enforcement and other government agencies,
and other stakeholders by prescribing the rules and regulations to combat money laundering, terrorism
financing being a predicate offense to money laundering, and other associated unlawful activities.
(f) To reinforce the fight against terrorism by preventing and suppressing the commission of said
offenses through freezing and forfeiture of property or funds while protecting human rights.
A transaction with or involving jewelry dealers, dealers in precious metals and dealers in
precious stones in cash or other equivalent monetary instrument exceeding One Million
pesos (Php1,000,000.00).
The provisions of RA 10168 and its implementing rules and regulation shall govern
matters relating to terrorism financing, including the implementation of the relevant
targeted financial sanction.
Under RA 10168, an “identified terrorist group” will fall under the jurisdiction of the AMLC
for the freezing and forfeiture of assets.
The information and records should be maintained for at least five years after the date on
which the customer ceases to be a customer of the covered person.
THANKS!