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Republic No. 265 Republic No.

7653
1. SECTION 1. Creation of the Central Bank.- 1. SECTION 2. Creation of the Bangko
The capital of the Central Bank shall be ten Sentral. —The capital of the Bangko
million (P10,000,000) pesos, which are Sentral shall be Fifty billion pesos
hereby appropriated from the assets of (P50,000,000,000), to be fully subscribed
the Exchange Standard Fund, as provided by the Government of the Republic,
in section 134 of this Act. hereafter referred to as the Government,
2. SEC. 2. Responsibilities and objectives.—It Ten billion pesos (P10,000,000,000) of
shall be the responsibility of the Central which shall be fully paid for by the
Bank of the Philippines to administer the Government upon the effectivity of this
monetary and banking system of the Act and the balance to be paid for within a
Republic. period of two (2) years from the effectivity
It shall be the duty of the Central Bank to of this Act in such manner and form as the
use the powers granted to it under this Act Government, through the Secretary of
to achieve the following objectives:(a) To Finance and the Secretary of Budget and
maintain monetary stability in the Management, may thereafter determine.
Philippines; (b) To preserve the 2. SECTION 3. Responsibility and Primary
international value of the peso and the Objective. — The Bangko Sentral shall
convertibility of the peso into other freely provide policy directions in the areas of
convertible currencies; and (c) To promote money, banking, and credit. It shall have
a rising level of production, employment supervision over the operations of banks
and real income in the Philippines. and exercise such regulatory powers as
3. SEC. 5. Composition of the Monetary provided in this Act and other pertinent
Board.—The powers and functions of the laws over the operations of finance
Central Bank shall be exercised by a companies and non-bank financial
Monetary Board, which shall be composed institutions performing quasi-banking
of seven members, as follows: (a) The functions, hereafter referred to as quasi-
Secretary of Finance, who shall preside at banks, and institutions performing similar
the meeting’s of the Monetary Board. functions.
Whenever the Secretary of Finance is The primary objective of the Bangko
unable to attend a meeting of the Board, Sentral is to maintain price stability
the Undersecretary of Finance shall act as conducive to a balanced and sustainable
his alternate, but shall not preside.(b) The growth of the economy. It shall also
Governor of the Central Bank, who shall promote and maintain monetary stability
preside at the meetings of the Board in the and the convertibility of the peso.
absence of the Secretary of Finance. The 3. SECTION 6. Composition of the Monetary
Governor shall be appointed for a term of Board. — The powers and functions of the
six years by the President of the Bangko Sentral shall be exercised by the
Philippines with the consent of the Bangko Sentral Monetary Board, hereafter
Commission on Appointments. Whenever referred to as the Monetary Board,
the Governor is unable to attend a composed of seven (7) members
meeting of the Board, the ranking deputy- appointed by the President of the
governor shall act in his stead.(c) The Philippines for a term of six (6) years.
President of the Philippine National Bank, The seven (7) members are: (a) the
whose alternate shall be the senior vice- Governor of the Bangko Sentral, who shall
president of said bank.(d) The Chairman of be the Chairman of the Monetary Board.
the Board of Governors of the The Governor of the Bangko Sentral shall
Rehabilitation Finance Corporation, whose be head of a department and his
alternate shall be the ranking governor of appointment shall be subject to
said corporation. (e) Three other confirmation by the Commission on
members, to be appointed for terms of six Appointments. Whenever the Governor is
years by the President with the consent of unable to attend a meeting of the Board,
the Commission on he shall designate a Deputy Governor to
Appointments: Provided, however, That act as his alternate: Provided, That in such
the first members appointed under the event, the Monetary Board shall designate
provisions of this subsection shall have one of its members as acting Chairman; (b)
terms of office of two, four and six years, a member of the Cabinet to be designated
respectively. by the President of the Philippines.
In making appointments to the Monetary Whenever the designated Cabinet
Board, the President of the Philippines Member is unable to attend a meeting of
shall give due regard to affording fair the Board, he shall designate an
representation of the financial, Undersecretary in his Department to
agricultural, industrial and commercial attend as his alternate; and (c) five (5)
interests, in the composition of the said members who shall come from the private
Board. sector, all of whom shall serve full-time:
Provided, however, That of the members
4. SEC. 7. Qualifications.—No person shall be first appointed under the provisions of this
appointed as a member of the Monetary subsection, three (3) shall have a term of
Board or as a deputy-governor of the six (6) years, and the other two (2), three
Central Bank unless he be of good moral (3) years.
character and of unquestionable integrity No member of the Monetary Board may
and responsibility, and who is of be reappointed more than once.
recognized competence in the economics
of banking, finance, commerce, agriculture 4. SECTION 8. Qualifications. — The
or industry: Provided, however, That the members of the Monetary Board must be
Governor and deputy-governors of the natural-born citizens of the Philippines, at
Central Bank must be of recognized least thirty-five (35) years of age, with the
competence in the field of exception of the Governor who should at
banking: Provided, further, That the least be forty (40) years of age, of good
Governor and the members of the moral character, of unquestionable
Monetary Board shall be natural-born integrity, of known probity and patriotism,
Filipino citizens. and with recognized competence in social
5. SEC. 8. Disqualifications.—With the and economic disciplines.
exception of the ex-officio members and 5. SECTION 9. Disqualifications. — In addition
their respective alternates, none of the to the disqualifications imposed by
following may be a member of the Republic Act No. 6713, a member of the
Monetary Board or a deputy-governor of Monetary Board is disqualified from being
the Central Bank:(a) Persons holding any a director, officer, employee, consultant,
public position or office, either by election lawyer, agent or stockholder of any bank,
or by appointment, except academic quasi-bank or any other institution which
positions; and (b) Directors, officers or is subject to supervision or examination by
employees of other banking institutions. the Bangko Sentral, in which case such
6. SEC. 9. Removal.—The President may member shall resign from, and divest
remove any member of the Monetary himself of any and all interests in such
Board for any of the following reasons: institution before assumption of office as
(a) If the member is disqualified under the member of the Monetary Board.
provisions of section 8 of this Act; or (b) If The members of the Monetary Board
the member is guilty of acts or operations coming from the private sector shall not
which are of a fraudulent or illegal hold any other public office or public
character or which are manifestly opposed employment during their tenure.
to the aims and interests of the Central No person shall be a member of the
Bank; or (c) If the member no longer Monetary Board if he has been connected
possesses the qualifications specified in directly with any multilateral banking or
section 7. financial institution or has a substantial
7. SEC. 10. Meetings.—The Monetary Board interest in any private bank in the
shall convene as frequently as is necessary Philippines, within one (1) year prior to his
to discharge its responsibilities properly, appointment; likewise, no member of the
but shall meet at least once every two Monetary Board shall be employed in any
weeks. The Board may be convoked either such institution within two (2) years after
by the Secretary of Finance, in his capacity the expiration of his term except when he
as presiding officer of the Board, or by the serves as an official representative of the
Governor of the Central Bank. Philippine Government to such institution.
8. SEC. 18. Authority of the Governor in 6. SECTION 10. Removal. — The President
emergencies.— In the event of war or may remove any member of the Monetary
other emergencies which require Board for any of the following reasons:(a)
immediate action and in which there is If the member is subsequently disqualified
insufficient time to call a meeting of the under the provisions of Section 8 of this
Monetary Board, the Governor of the Act; or (b) If he is physically or mentally
Central Bank, with the concurrence of the incapacitated that he cannot properly
Secretary of Finance or, in his absence, discharge his duties and responsibilities
with the concurrence of any two other and such incapacity has lasted for more
members of the Monetary Board, may than six (6) months; or (c) If the member is
decide any matter or take any action guilty of acts or operations which are of
within the authority of the Board itself and fraudulent or illegal character or which are
may suspend any resolution or decision of manifestly opposed to the aims and
the Board. interests of the Bangko Sentral; or (d) If
In such cases, the Governor shall call a the member no longer possesses the
meeting of the Monetary Board as soon as qualifications specified in Section 8 of this
possible, in order to explain his action and Act.
the reasons for departing from normal 7. SECTION 11. Meetings. — The Monetary
procedures. The Board may then confirm, Board shall meet at least once a week. The
revoke or modify such action as the Board may be called to a meeting by the
circumstances warrant. Governor of the Bangko Sentral or by two
9. SEC. 21. Deputy-Governor.—The Governor (2) other members of the Board.
of the Central Bank, with the approval of 8. SECTION 19. Authority of the Governor in
the Monetary Board, shall appoint one Emergencies. — In case of emergencies
deputy-governor who shall perform such where time is sufficient to call a meeting
duties as may be assigned to him by the of the Monetary Board, the Governor of
Governor and the Board. In the absence of the Bangko Sentral, with the concurrence
the Governor of the Central Bank, the of two (2) other members of the Monetary
deputy-governor shall act as chief Board, may decide any matter or take any
executive of the Central Bank and shall action within the authority of the Board.
exercise the powers and perform the The Governor shall submit a report to the
duties of the Governor. President and Congress within seventy-
10. SEC. 32. Refusal to make reports or permit two (72) hours after the action has been
examination.—Any owner, agent, taken.
manager, or other officer in charge of any At the soonest possible time, the Governor
banking institution within the purview of shall call a meeting of the Monetary Board
this Act who, being thereunto required in to submit his action for ratification.
writing by the Monetary Board or by the 9. SECTION 21. Deputy Governors. — The
Superintendent, shall willfully refuse to file Governor of the Bangko Sentral, with the
the required report or permit any lawful approval of the Monetary Board, shall
examination into the affairs of such appoint not more than three (3) Deputy
institution shall be punished by a fine of Governors who shall perform duties as
not more than ten thousand pesos or by may be assigned to them by the Governor
imprisonment for not more than one year, and the Board. In the absence of the
or by both, in the discretion of the court. Governor, a Deputy Governor designated
11. SEC. 33. False statement.—The willful by the Governor shall act as chief
making of a false statement to the executive of the Bangko Sentral and shall
Monetary Board or to the Superintendent exercise the powers and perform the
of Banks or to his examiners shall be duties of the Governor. Whenever the
punished by a fine not to exceed fifteen Government is unable to attend meetings
thousand pesos, or by imprisonment for a of government boards or councils in which
term not to exceed two years, or by both, he is an ex officio member pursuant to
in the discretion of the count. provisions of special laws, a Deputy
12. SEC. 36. Reports and publications.— Governor as may be designated by the
Within the first eight days of each month Governor shall be vested with authority to
the Central Bank shall publish a general participate and exercise the right to vote
balance sheet showing the volume and in such meetings.
composition of its assets and liabilities as 10. SECTION 34. Refusal to Make Reports or
of the last working day of the preceding Permit Examination. — Any officer, owner,
month. agent, manager, director or officer-in-
13. SEC. 41. Distribution of net profits.— charge of any institution subject to the
Within the first sixty days following the supervision or examination by the Bangko
end of each fiscal year, the Monetary Sentral within the purview of this Act who,
Board shall determine and carry out the being required in writing by the Monetary
distribution of the net profits, in Board or by the head of the supervising
accordance with the following rules: and examining department willfully
(a) Twenty-five per cent (25%) of the net refuses to file the required report or
profits shall be carried to surplus until such permit any lawful examination into the
time as the total capital accounts of the affairs of such institution shall be punished
Bank reach a sum equivalent to at least by a fine of not less than Fifty thousand
ten per cent (10%) of the total assets of pesos (P50,000) nor more than One
the Bank less its assets in gold and foreign hundred thousand pesos (P100,000) or by
currencies; (b) Any net profits remaining imprisonment of not less than one (1) year
after fulfilling the conditions established in nor more than five (5) years, or both, in
subsection (a) of this section shall be used the discretion of the court.
to increase the resources of the Securities 11. SECTION 35. False Statement. — The
Stabilization Fund, until the volume and willful making of a false or misleading
liquidity of the Fund’s assets are statement on a material fact to the
considered ample for any open market Monetary Board or to the examiners of
operations in which the Fund is deemed the Bangko Sentral shall be punished by a
likely to engage; (c) Any net profits fine of not less than One hundred
remaining after fulfilling the conditions of thousand pesos (P100,000) nor more than
subsections (a) and (b) of this section shall Two hundred thousand pesos (P200,000),
be used to reduce the Account to Secure or by imprisonment of not more than (5)
the. Coinage or the Monetary Adjustment years, or both, at the discretion of the
Account until said accounts shall have court.
been liquidated. The Monetary Board shall 12. SECTION 39. Reports and Publications. —
determine the distribution between these The Bangko Sentral shall publish a general
two accounts; (d) If any net profits remain balance sheet showing the volume and
after fulfilling the conditions of composition of its assets and liabilities as
subsections (a), (b) and (c) of this section, of the last working day of the month
the balance or any part thereof may be within sixty (60) days after the end of each
transferred, to surplus, or may be used to month except for the month of December,
liquidate Government obligations to the which shall be submitted within ninety
Central Bank, or may be paid into the (90) days after the end hereof.
General Fund of the Government. The The Monetary Board shall publish and
Monetary Board shall determine this submit the following reports to the
distribution. President and to the Congress: (a) not
14. SEC. 133. Prohibitions.—The Central Bank later than ninety (90) days after the end of
shall not acquire shares of any kind or each quarter, an analysis of economic and
accept them as collateral, and shall not financial developments, including the
participate in the ownership or condition of net international reserves and
management of any enterprise, either monetary aggregates; (b) within ninety
directly or indirectly. (90) days after the end of the year, the
15. preceding year’s budget and profit and
loss statement of the Bangko Sentral
showing in reasonable detail the result of
its operations; (c) one hundred twenty
(120) days after the end of each semester,
a review of the state of the financial
system; and (d) as soon as practicable,
abnormal movements in monetary
aggregates and the general price level,
and, not later than seventy-two (72) hours
after they are taken, remedial measures in
response to such abnormal movements.
13. SECTION 44. Distribution of Net Profits. —
Within the first sixty (60) days following
the end of each fiscal year, the Monetary
Board shall determine and carry out the
distribution of the net profits, in
accordance with the following rule: Fifty
percent (50%) of the net profits shall be
carried to surplus and the remaining fifty
percent (50%) shall revert back to the
National Treasury, except as otherwise
provided in the transitory provisions of
this Act.
14. SECTION 128. Prohibitions. — The Bangko
Sentral shall not acquire shares of any kind
or accept them as collateral, and shall not
participate in the ownership or
management of any enterprise, either
directly or indirectly.
The Bangko Sentral shall not engage in
development banking or financing:
Provided, however, That outstanding loans
obtained or extended for development
financing shall not be affected by the
prohibition of this section.
15.

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