QuestionsQuestions (MEMORANDUM NO. 2018-01)
The guidelines cover all claims against the assets of banks ordered closed by the Monetary Board of the Bangko Sentral ng Pilipinas after June 11, 2016.
Creditors of a closed bank, including depositors, are required to file their claims against the assets of the closed bank.
No. Creditors whose credits are secured by a duly registered real estate mortgage, or a duly registered chattel mortgage, or a duly constituted pledge are no longer required to file their claims.
Depositers who have filed their claims for deposit insurance within sixty (60) days from the date of publication of the notice of closure are no longer required to file claims against the assets of the bank.
The 60-day period is measured from the date of publication of the notice of closure of the bank in a newspaper of general circulation.
Claims must be filed in writing (preferably using the prescribed Claim Form) and supported by photocopies of documents establishing the liability of the closed bank.
Examples include statement of account, billing statement, promissory note/rediscounting agreement/loan agreement, pertinent contracts (e.g., lease, subscription, consultancy, engagement agreements), passbook/CTD/proof of deposits for uninsured deposits, and other documents validating the bank’s liability.
The submitted supporting documents are validated against the bank’s records; originals must be presented to PDIC for comparison. For claims filed through mail or email, originals must be submitted before release of payment.
PDIC issues a notice of documentary deficiency. The claimant has fifteen (15) working days from receipt of the notice to submit the documentary deficiencies.
Claims may be filed personally at the bank premises during takeover operations, or directly at the 3rd Floor, PDIC Public Assistance Center at the 3rd Floor, SSS Bldg., 6782 Ayala Avenue corner V.A. Rufino St., Makati City (Mon–Fri, 8:00 AM–5:00 PM). They may also be filed through mail or via email (pad@pdic.gov.ph) addressed to PDIC’s Public Assistance Department.
PDIC acknowledges receipt and may require submission of documentary deficiency/ies. If verified valid, PDIC issues a Claim Certificate. If disallowed, PDIC notifies the claimant in writing of the reason for disallowance.
Disallowance may result from absence/insufficiency of supporting documents, and from filing beyond the 60-day period for filing of claims.
Yes. The period may be extended for a maximum of fifteen (15) working days upon written request of the claimant and on meritorious grounds.
The claimant has sixty (60) days after receipt of the notice of denial to file, by written request, for extension to the liquidator or to file with the liquidation court.
They take effect fifteen (15) days after publication either in the Official Gazette or in a newspaper of general circulation.
Section 9 (10) of the PDIC Charter (Republic Act No. 3591, as amended), and they implement Section 16(L) of the PDIC Charter on filing claims with the receiver within sixty (60) days from publication of the notice of closure.