PDIC Law

REPUBLIC ACT No.
9576 April 29, 2009
AN ACT INCREASING THE MAXIMUM DEPOSIT INSURANCE COVERAGE, AND IN CONNECTION

THEREWITH, TO STRENGTHEN THE REGULATORY AND ADMINISTRATIVE AUTHORITY, AND
FINANCIAL CAPABILITY OF THE PHILIPPINE DEPOSIT INSURANCE CORPORATION (PDIC)
Section 1. Statement of State Policy and Objectives. - It is hereby declared to be the policy of
the State to strengthen the mandatory deposit insurance coverage system to generate,
preserve, maintain faith and confidence in the country's banking system, and protect it from
illegal schemes and machinations.
Towards this end, the government must extend all means and mechanisms necessary for the
Philippine Deposit Insurance Corporation to effectively fulfill its vital task of promoting and
safeguarding the interests of the depositing public by way of providing permanent and
continuing insurance coverage on all insured deposits, and in helping develop a sound and
stable banking system at all times.
Section 2. Section 4 (f) of Republic Act No. 3591, as amended, is hereby amended by adding an
additional paragraph, to read as follows:
"(f) The term "deposit" means the unpaid balance of money or its equivalent received
by a bank in the usual course of business and for which it has given or is obliged to give
credit to a commercial, checking, savings, time or thrift account, or issued in accordance
with Bangko Sentral rules and regulations and other applicable laws, together with such
other obligations of a bank, which, consistent with banking usage and practices, the
Board of Directors shall determine and prescribe by regulations to be deposit liabilities
of the bank: Provided, That any obligation of a bank which is payable at the office of the
bank located outside of the Philippines shall not be a deposit for any of the purposes of
this Act or included as part of the total deposits or of insured deposits: Provided, further,
That, subject to the approval of the Board of Directors, any insured bank which is
incorporated under the laws of the Philippines which maintains a branch outside the
Philippines may elect to include for insurance its deposit obligations payable only at
such branch.
The corporation shall not pay deposit insurance for the following accounts or
transactions, whether denominated, documented, recorded or booked as deposit by the
bank:
"(1) Investment products such as bonds and securities, trust accounts, and other
similar instruments;
"(2) Deposit accounts or transactions which are unfunded, or that are fictitious
or fraudulent;
"(3) Deposits accounts or transactions constituting, and/or emanating from,

unsage and unsound banking practice/s, as determined by the Corporation, in
consultation with the BSP, after due notice and hearing, and publication of a
cease and desist order issued by the Corporation against such deposit accounts
or transactions; and
"(4) Deposits that are determined to be the proceeds of an unlawful activity as

defined under republic act 9160, as amended.
"The actions of the Corporation taken under this section shall be final and
executory, and may not be restrained or set aside by the court, except on
appropriate petition for certiorari on the ground that the action was taken in
excess of jurisdiction or with such grave abuse of discretion as to amount to a
lack or excess of jurisdiction. The petition for certiorari may only be filed within
thirty (30) days from notice of denial of claim for deposit insurance."
Section. 3. Section 4(g) of the same Act is hereby amended to read as follows:
"(g) The term "insured deposit" means the amount due to any bona fide depositor for
legitimate deposits in an insured bank net of any obligation of the depositor to the
insured bank as of date of closure, but not to exceed Five hundred thousand pesos
(P500,000.00). Such net amount shall be determined according to such regulations as
the Board of Directors may prescribe, In determining such amount due to any depositor,
there shall be added together all deposits in the bank maintained in the same right and
capacity for his benefits either in his own name or in the name of others. A joint account
regardless of whether the conjunction 'and,' 'or,' 'and/or' is used, shall be insured
separately from any individually-owned deposit account:
Provided, That (1) If the account is held jointly by two or more natural persons, or by
two or more juridical persons or entities, the maximum insured deposit shall be divided
into as many equal shares as there are individuals, juridical persons or entities, unless a
different sharing is stipulated in the document of deposit, and (2) If the account is held
by a juridical person or entity jointly with one or more natural persons, the maximum
insured deposits shall be presumed to belong entirely to such juridical person or entity:
Provided, further, That the aggregate of the interest of each co-owner over several joint
accounts, whether owned by the same or different combinations of individuals, juridical
persons or entities, shall likewise be subject to the maximum insured deposit of Five
hundred thousand pesos (P500,000.00):
Provided, Furthermore, The the provisions of any law to the contrary notwithstanding,

no owner/holder of any negotiable certificate of deposit shall be recognized as a
depositor entitled to the rights provided in this Act unless his name is registered as
owner/holder thereof in the books of the issuing bank:
Provided, Finally, That, in case of a condition that threatens the monetary and financial
stability of the banking system that may have systemic consequences, as defined in
section 17 hereof, as determined by the monetary board, the maximum deposit
insurance cover may be adjusted in such amount, for such a period, and/or for such
deposit products, as may be determined by a unanimous vote of the Board of Directors
in a meeting called for the purpose and chaired by the Secretary of Finance, subject to
the approval of the President of the Philippines."
Section 11. Section 21, paragraph (f)(5) is hereby amended to read as follows.
"5) splitting of deposits or creation of fictitious loans or deposits accounts.
"Splitting of deposits occurs whenever a deposit account with an outstanding balance of

more that the statutory maximum amount of insured deposit maintained under the
name of natural or juridical persons is broken down and transferred into two (2) or
more accounts in the name/s of natural or juridical persons or entities who have no
beneficial ownership on transferred deposits in their names within one hundred twenty
(120) days immediately preceding or during a bank-declared bank holiday, or
immediately preceding a closure order issued by the Monetary Board of the Bangko
Sentral ng Pilipinas for the purpose of availing of the maximum deposit insurance
coverage."

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REPUBLIC ACT No.

9576 April 29, 2009

AN ACT INCREASING THE MAXIMUM DEPOSIT INSURANCE COVERAGE, AND IN CONNECTION

"(3) Deposits accounts or transactions constituting, and/or emanating from,

"(4) Deposits that are determined to be the proceeds of an unlawful activity as

Provided, Furthermore, The the provisions of any law to the contrary notwithstanding,

Section 11. Section 21, paragraph (f)(5) is hereby amended to read as follows.

"5) splitting of deposits or creation of fictitious loans or deposits accounts.

"Splitting of deposits occurs whenever a deposit account with an outstanding balance of

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