Banking Laws and Jurisprudence Reviewer

41247 Words Nov 24th, 2012 165 Pages
San Beda College of Law, Mendiola

BANKING LAWS AND JURISPRUDENCE
By: Efren L. Dizon and Efren Vincent M. Dizon This Reviewer is made by: MANILA, ANTONIO CEASAR BERNARDO, JANSEN INTIG, JOY ESTELA DE JESUS, TRACY ANN. FROM SECTION 2S AY 2011-2012

Topic

Page 2 5 8 12 24 29

Chapter 1- Banks and Business of Banking Chapter 2 - Organization, Management, Administration Of Banks Chapter 3 - Deposit Functions Of Banks Chapter 4 - Investments, Loans and Other Bank Functions Chapter 5 - Prohibited Transactions and Cessation Of Banking Business Chapter 6 - Foreign Banks and Trust Operations
MIDTERM COVERAGE: Chapter 1 - 6

Chapter 7 - The Banko Sentral ng Pilipinas Chapter 8- Currency, Monetary Stabilization and Functions of BSP
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(Cavite Development Bank vs. Spouses Lim)

San Beda College of Law Banking Laws The business o a bank is one affected with public interest, for which reason ghe bank should guard against loss due to negligence or bad faith (Sps. Omengan vs. PNB) • Where the mortgagee does not directly deal with the registered owner of real property, the law requires higher degree of prudence be exercised by the mortgagee (Abad vs. Guimba) 12. Banks may exclude persons in their premises 13. Charging interest for loans • It is considered the very core of the banking’s very existence Liability for Acts of Officers and Employees • A bank is liable for the wrongful acts of its officers done in the interest of the bank or dealings as bank representatives but not for acts outside the scope of their authority. • • •

3

Moral damages Gen. Rule – a corporation is not entitled to moral damages • Exception – when its good reputation is besmirched by breach of fiduciary duty. • In culpa contractual – recoverable if there is fraud or bad faith • Depositor may recover even if bank’s
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