Title
Central Bank of the Philippines Establishment
Law
Republic Act No. 265
Decision Date
Jun 15, 1948
The Central Bank Act outlines provisions and regulations related to the Central Bank of the Philippines, including financial advice on credit operations, tax exemptions, and the transfer of powers and functions from other government entities.
A

Responsibilities and Objectives

  • Administration of the monetary and banking system
  • Maintain monetary stability
  • Preserve international value and convertibility of the peso
  • Promote increased production, employment, and real income

Principal Office and Powers

  • Principal office in Manila with branches as needed
  • Corporate powers including own seal, contracts, property ownership, suing and being sued
  • Authority to acquire assets and incur liabilities essential for operations

The Monetary Board Structure and Function

  • Seven members including Secretary of Finance (presiding), Central Bank Governor, President of Philippine National Bank, Chairman of Rehabilitation Finance Corporation, plus three presidential appointees
  • Appointment terms of six years, with initial staggered terms
  • Qualifications: good moral character, competence in economics/banking, natural-born citizenship for Governor and members
  • Disqualifications include holding other public office or banking positions
  • Removal grounds include disqualification, fraudulent acts, or loss of qualifications
  • Meetings every two weeks, quorum of four, decisions require majority
  • Members must withdraw from deliberations where personal interests exist

Monetary Board Authority and Responsibilities

  • Issue rules and regulations for Central Bank and monetary system
  • Management and operation oversight of the Central Bank
  • Appointment and removal of officers/employees excluding the Governor
  • Authorization of expenditures
  • Liability for violations or negligence causing loss, misuse of confidential information

Powers and Duties of the Governor

  • Chief executive of the Central Bank
  • Prepares meeting agendas and recommends policies
  • Executes Board-approved policies
  • Directs operations and administration
  • Represents the Bank in dealings and legal proceedings
  • Handles emergencies with limited authority subject to Board review
  • Limited professional activities; no other employment except academic or governmental advisory roles
  • Remuneration fixed by the Board with presidential approval, capped at P30,000/year

Central Bank Departments

  • Economic Research: data gathering, forecasts, and economic studies; authority to subpoena information; training of personnel
  • Supervision and Examination: supervises and examines banks and credit institutions; powers to investigate, administer oaths; prohibited from conflicts of interest
  • Other departments as determined by the Monetary Board

Currency and Deposit Money

  • Central Bank sole issuer of Philippine currency (notes and coins), guaranteed by the Government
  • Currency defined and characterized by Monetary Board and approved by President
  • Central Bank to replace unfit currency and may retire old notes and coins
  • Deposit money includes bank liabilities payable on demand by checks; checks have no legal tender status

Guiding Principles of Monetary Administration

  • Control fluctuations in money supply and prices to protect economic stability
  • Money supply defined as domestic currency and deposit money, excluding government and banks' holdings
  • Reporting requirements triggered by abnormal money supply or price changes
  • Maintain international value and convertibility of the peso
  • Adequate international reserves composed of gold, foreign currencies, and foreign assets
  • Actions required when international reserve threats arise with reports to executive and Congress

Central Bank Instruments and Operations

  • Moral influence and regulatory powers to manage money, credit, and exchange
  • Buy and sell gold and foreign exchange within set rules and margins
  • Emergency powers to restrict exchange operations during crises
  • Avoid holding inconvertible foreign currencies unless in national interest
  • Set and regulate exchange rates for spot and other types of transactions

Regulation of Banks in Foreign Exchange

  • Monetary Board sets permissible buy/sell exchange rates with limited margin from legal parity
  • Banks must sell surplus foreign exchange to Central Bank
  • Require banks to maintain balanced currency positions
  • Regulate speculative foreign exchange transactions
  • Revaluation profits and losses on banks’ foreign assets accounted by Central Bank
  • Banks bear risks of non-compliance and other exchange-related risks
  • Reporting obligations imposed on banks and other entities regarding foreign exchange operations

Credit Policy and Operations

  • Credit operations aimed at regulating volume, cost, and availability of bank credit
  • Rediscount, discount, loans, and advances with specific maturities and collateral types
  • Special provisions for loans to mortgage and government institutions
  • Emergency credit calls for extraordinary secured advances during crises
  • Interest rates and terms fixed by Monetary Board

Credit to Government

  • Provisional advances permitted within strict limits for fiscal support

Open Market Operations

  • Purchases and sales of government securities and bank obligations for policy goals
  • Issue and management of Central Bank’s own negotiable debt instruments

Composition and Review of Central Bank’s Portfolio

  • Monthly portfolio reviews focusing on maturities and credit policy alignment

Reserve Requirements

  • Banks must maintain reserves proportional to deposit liabilities
  • Minimum ratios set for peso and foreign currency deposits
  • Penalties for reserve deficiencies include fines and restrictions
  • Interbank clearing facilitated by Central Bank reserves

Regulation of Bank Credit

  • Monetary Board may set max interest rates and charges
  • May require minimum margins for letters of credit
  • May set loan maturities and security standards
  • Portfolio ceilings on bank loans and investments can be imposed
  • Minimum capital ratios prescribed to protect depositors

Government Credit Institutions

  • Government financial institutions must coordinate credit policies with the Central Bank

Fiscal Agent and Government Banker Functions

  • Acts as Government’s fiscal agent and banker, managing official deposits and transactions
  • Represents Government in dealings with International Monetary Fund and other institutions
  • May use other banks as agents domestically and abroad
  • Charges no fees or pay interest on Government deposits

Government Securities Marketing and Stabilization

  • Acts as agent for issue and placement of Government securities without subscribing or guaranteeing
  • Operates a Securities Stabilization Fund to promote liquidity and stability
  • Fund sources include Exchange Standard Fund allocations and a portion of Central Bank’s profits

Government Financial Advisor

  • Monetary Board advises on credit operations involving foreign or domestic borrowing
  • Governor serves ex officio on the National Economic Council for policy coordination

Privileges and Exemptions

  • Exempt from all national and local taxes, customs duties on import/export of currency and equipment
  • Appointment of personnel subject to Civil Service Law except for policy, confidential, or technical positions
  • Officers and employees prohibited from engaging in partisan political activities

Prohibitions

  • Central Bank prohibited from owning shares or participating in business enterprises

Transitory Provisions

  • Liquidation of Exchange Standard Fund to capitalize Central Bank and fund Securities Stabilization Fund
  • Assumption of Treasury certificate and coin liabilities by Central Bank with appropriate asset transfers
  • Temporary authority to make extraordinary advances to Government with conditions
  • Transfer of functions from Bureau of the Treasury and Bureau of Banking to Central Bank
  • Repeal of inconsistent laws
  • Exemption of Central Bank borrowings from certain Banking Act restrictions
  • Act effective upon organization and capitalization of Central Bank

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