173 REPORTS
a. Categories of reports. Reports required to be submitted to the Bangko Sentral by banks are grouped into Category A-1, Category A-2, Category A-3 and Category B reports as indicated in Appendix 7.
b. Authorized signatories
(1) Category A-1 reports shall be signed by the bank’s chief executive officer or, in his absence, by the executive vice president, and by the comptroller or, in his absence, by the chief accountant, or officers holding equivalent positions.
(2) Category A-2 reports shall be signed by the president, executive vice president, vice president or by an officer holding equivalent position.
(3) Category A-3 and Category B reports shall be signed by officers or their alternates, duly designated by the board of directors.
(4) Reports in computer media that are submitted by banks shall be subject to the same requirements regarding authorized signatories.
(5) Any report submitted to the Bangko Sentral that is signed by an officer who is not listed or included in any of the resolutions mentioned above, shall be considered as not having been submitted at all.
(6) All authorized agent banks shall submit to the Director, Branch Operations, Bangko Sentral, the updated specimen signatures of senior bank officers in their respective head offices who are authorized to authenticate the signatures of their provincial branch officers transacting business with the Bangko Sentral Regional Offices/Branches.
c. Deadline for submission of reports
(1) Regular reports. Unless otherwise specified, the deadlines for submission of reports enumerated in Appendix 7, shall be reckoned on the basis of banking days. For this purpose, banking days shall be understood to mean Monday through Friday or banking days of the Bangko Sentral.
(2) Call Reports. The deadline of submission of call reports shall be specified in the letter calling for the report.
a. Banks shall submit to the appropriate supervising department of the Bangko Sentral the following:
(1) Information on bank’s profile required in Appendix 8. Any change in any of the required information submitted, after the initial submission, shall be reported to the said department immediately.
(2) Any or all of the documents/information on bank’s organization structure and operational policies enumerated in Appendix 9. Any subsequent change/issuance should be furnished the department within fifteen (15) banking days from such change/issuance.
b. Banks registered with SEC to act as broker, dealer or transfer agent pursuant to Sections 28 and 39 of R.A. No. 8799 and SRC Rules 28.1 and 36.4 and those accredited by DOF-BTr as GSEDs pursuant to DOF Department Order No. 20-10, shall submit to the appropriate supervising department of the Bangko Sentral not later than December 15 every year, the following reports:
(1) List of bank personnel acting as salesmen or associated persons;
(2) List of licenses granted by SEC and/or DOF-BTr (as broker, dealer, broker-dealer, GSED and/or transfer agent); and
(3) Notarized certification stating that the lists submitted pursuant to Items “b(1)” and “b(2)” of this Section on Submission of certain required information are complete and accurate lists and that the personnel acting as salesmen or associated persons are duly licensed/authorized by the SEC to act as such.
c. Sanctions. The following sanctions shall be imposed on the bank and/or its concerned officers for violations of Item “b”, of this Section on Submission of certain required information:
(1) On the bank
(a) For willful delay to submit the documents required under Item “b” of this Section on Submission of certain required information. A bank failing to submit the required reports which shall be classified as a Category A-2 report, within the prescribed deadline, shall be subject to monetary penalties applicable for delayed reporting under existing regulations.
(b) For the willful making of a false/misleading statement in the documents required under Item “b” of this Section on Submission of certain required information. A bank which has been found to have willfully made a false or misleading statement in the documents required under Item “b” of this Section on Submission of certain required information shall be subject to the appropriate monetary penalties under Sec. 1102. The willful making of a false or misleading statement shall be reckoned on a daily basis from the day following the due date of the said certification until such time that an amended or corrected document has been submitted to the Bangko Sentral.
(2) On the concerned officer
(a) For willful non-compliance. The concerned officer/s of the bank who willfully fail/refuse to comply with the provisions of Item “b” of this Section on Submission of certain required information shall be subject to the appropriate monetary penalties under Sec. 1102.
(b) For false/misleading statements. The concerned officers which have been found to have willfully falsely certified or willfully submitted misleading statements in the certification and/or in the list of bank personnel required to be submitted under Items “b(1)” and “b(2)” of this Section on Submission of certain required information, shall be subject to the appropriate monetary penalties under Sec. 1102, which shall be reckoned on a daily basis from the day following the due date of the said certification/list until such time that an amended or corrected certification and/or list of bank personnel have been submitted to the Bangko Sentral.
a. UBs registered with the SEC as Underwriters pursuant to P.D. No. 129 (The Investment Houses Law), R.A. No. 8791 (The General Banking Law), R.A. No. 8799 (The Securities Regulations Code) and the Omnibus Rules and Regulations for Investment Houses and UBs registered as Underwriters of Securities shall submit to the appropriate supervising department of the Bangko Sentral not later than December 15 every year, the following reports:
(1) List of bank personnel performing underwriting functions; and
(2) Notarized certification stating that the list submitted pursuant to Item “a(1)” of this Section on Submission of certain required information by UBs is a complete and accurate list and that the personnel performing underwriting functions are duly licensed/authorized by the SEC to perform such functions.
b. Sanctions. The following sanctions shall be imposed on the bank and/or its concerned officers for violations of this Section on Submission of certain required information by UBs:
(1) On the bank
(a) For willful delay to submit the documents required under Item “a” of this Section on Submission of certain required information by UBs. A bank failing to submit the required reports which shall be classified as a Category A-2 report, within the prescribed deadline, shall be subject to monetary penalties applicable for delayed reporting under existing regulations.
(b) For the willful making of a false/misleading statement in the documents required under Item “a” of this Section on Submission of certain required information by UBs. A bank which has been found to have willfully made a false or misleading statement in the documents required under Item “a” of this Section on Submission of certain required information by UBs shall be subject to the appropriate monetary penalties under Sec. 1102. The willful making of a false or misleading statement shall be reckoned on a daily basis from the day following the due date of the said certification until such time that an amended or corrected document has been submitted to the Bangko Sentral.
(2) On the concerned officer
(a) For willful non-compliance. The concerned officer/s of the bank who willfully fail/refuse to comply with the provisions of this Subsection shall be subject to the appropriate monetary penalties under Sec. 1102.
(b) For false/misleading statements. The concerned officers which have been found to have willfully falsely certified or willfully submitted misleading statements in the certification and/or in the list of bank personnel required under Item “a” of this Section (Submission of certain required information by UBs), shall be subject to the appropriate monetary penalties under Sec. 1102, which shall be reckoned on a daily basis from the day following the due date of the said certification/list until such time that an amended or corrected certification and/or list of bank personnel have been submitted to the Bangko Sentral.
a. Crimes whether consummated, frustrated or attempted against property/facilities (such as robbery, theft, swindling or estafa, forgery and other deceits) and other crimes involving loss/destruction of bank property when the amount involved, in each crime is P20,000 or more.
b. Incidents involving material loss, destruction or damage to the bank’s property/facilities, other than arising from a crime, when the amount involved per incident is P100,000 or more.
c. Definition of terms. For the purpose of this regulation, the following definitions shall apply:
(1) Estafa –a crime committed by a person who defrauds another causing the latter to suffer damage by means of any of the following:
(a) unfaithfulness or abuse of confidence;
(b) false pretense; or
(c) fraudulent acts/means, under Articles 315 to 317 of the Revised Penal Code, as amended.
(2) Theft – a crime committed by a person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent pursuant to Article 308 and other pertinent provisions of Chapter III, Title X of the Revised Penal Code, as amended.
(3) Robbery – a crime committed by a person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything pursuant to Article 295 and other pertinent provisions of Chapter 1, Title X of the Revised Penal Code, as amended.
(4) Falsification – a crime committed by a person who falsifies a document by:
(a) Counterfeiting or imitating any handwriting, signature or rubric;
(b) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
(c) Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
(d) Making untruthful statements in a narration of facts;
(e) Altering true dates;
(f) Making any alteration or intercalation in a genuine document which changes its meaning;
(g) Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
(h) Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book and other acts falling under Articles 169, 171 and 172 of the Revised Penal Code, as amended.
(5) Credit-card related crimes – crimes arising through the use of credit cards.
(6) Other crimes that may cause loss to the bank – crimes committed that cannot be appropriately classified under any of the above classifications.
(7) Negligence – the failure to exercise the care which an ordinarily prudent person would use under the circumstances in the discharge of the duty then resting upon him (People v. Aguilar, 2899-R, 18 October 1949).
(8) Non-crime related loss – Incidents that may cause the bank to suffer a loss arising from fortuitous events.
(9) Insider – person involved include stockholders, directors, officers and employees of the bank.
(10) Outsider – persons involved other than an insider.
(11) Perpetrator – a person, whether an insider or outsider, who is responsible for the commission of crime either by direct participation, inducement or cooperation, including accomplices and accessories as defined under Articles 18 and 19 of the Revised Penal Code, as amended.
(12) Victim – an insider or outsider other than the perpetrator, who is the aggrieved party to the crime and may as a result of the incident, suffered the loss.
(13) Attempted crime – a crime is attempted when the perpetrator commences the commission of the crime directly by overt acts but does not perform all of the acts of execution which constitute the crime by reason of some cause or act other than his own voluntary desistance under Article 6 of the Revised Penal Code, as amended.
(14) Frustrated crime – a crime is classified as frustrated, when the perpetrator performs all the acts of execution which should produce the crime as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator under Article 6 of the Revised Penal Code, as amended.
(15) Consummated crime – a crime is consummated when all the acts of execution which constitute the crime was performed. As a result, the bank may have suffered a loss, the recoverable portion of which should be deducted to arrive at the probable loss incurred by the bank.
(16) Termination of the investigation – an investigation is said to be terminated when all the material facts/information which are sufficient to support a conclusion relative to the matters involved have already been gathered and a finding/conclusion may be made based on the gathered information.
d. The following guidelines shall be observed in the preparation and submission of the report:
(1) The Branch or Head Office unit’s Report on Crimes and Losses (RCL), as listed in Appendix 7, shall be submitted electronically to the appropriate supervising department of the Bangko Sentral within ten (10) calendar days from knowledge of the crime/incident;
(2) The RCL shall be submitted through the bank’s head office unit and shall be certified correct by the compliance officer.
(3) Where a thorough investigation and evaluation of facts is necessary to complete the report, an initial report electronically submitted within the said deadline of ten (10) calendar days may be accepted: Provided, That a complete report is electronically submitted not later than twenty (20) calendar days from the termination of the investigation.
a. Banks shall submit to the appropriate supervising department of the Bangko Sentral annually a complete list of stockholders and their stockholdings in the prescribed form within the deadline indicated in Appendix 7.
b. Any change in the list shall also be reported to the said department in such frequency and within the deadline indicated in Appendix 7, indicating the name(s) and/or stockholdings involved which is/are to be cancelled or replaced, and the new name(s) and/or stockholdings which shall be included for that quarter. In case no change occurred during a particular quarter, the report shall provide a notation, viz “no change(s) since last report submitted for quarter ended, ______ __, 20__ ”.
a. All banking offices shall submit the required reports in accordance with Appendix 7 to the Bangko Sentral, Manila or to the nearest Bangko Sentral Regional Offices: Provided, That the head office of a bank may submit to the appropriate supervising department of the Bangko Sentral in electronic form the batched copy of all its banking units’ Quarterly Statement of Condition and Statement of Income and Expenses by Banking Unit in behalf of its branches and other offices;
b. Where a particular report form calls for distribution of copies to other departments of the Bangko Sentral, the bank concerned shall furnish said copies of the report directly to the respective departments of the Bangko Sentral; and
c. As an exception to Item “a” above, the duplicate copy of the bio-data for directors/officers shall be submitted to the appropriate supervising department of the Bangko Sentral.
a. For foreign subsidiaries/affiliates of domestic banks, the local investor-bank(s) concerned shall regularly submit to the appropriate supervising department of the Bangko Sentral a quarterly statement of condition and quarterly/annual report of income and expenses concerning the operations of the foreign subsidiaries/affiliates, including such other periodic reports which may be required from time to time in the forms prescribed by the Bangko Sentral for domestic financial intermediaries to the extent that their operations are applicable;
b. For foreign subsidiaries/affiliates of domestic banks, the appropriate supervising department of the Bangko Sentral shall be furnished by said domestic banks copies of the annual report prescribed by any of the supervisory/regulatory authorities in the country of operations;
c. When material changes noted in the annual financial statements warrant an interim comprehensive evaluation, the foreign affiliate concerned shall be requested to submit to the appropriate supervising department of the Bangko Sentral, through its domestic investor-bank, copies of its quarter/interim reports to stockholders or the call reports in the case of U.S. banks;
d. Audited financial statements (AFS) of the foreign banking offices and subsidiaries; and
e. Examination reports done by the foreign bank supervisory authority.
f. For purpose of this Section, affiliate shall refer to an entity linked directly or indirectly to a bank by means of:
(1) Ownership, control as defined under Sec. 131 (Policy statement and definition of terms), or power to vote, of at least twenty percent (20%) of the outstanding voting stock of the borrowing entity, or vice-versa;
(2) Interlocking directorship or officership, where the concerned director or officer owns; controls, as defined under Sec. 131 (Policy statement and definition of terms); or has the power to vote of at least twenty percent (20%) of the outstanding voting stock of the borrowing entity;
(3) Common stockholders owning at least ten percent (10%) of the outstanding voting stock of the bank and at least twenty percent (20%) of the outstanding voting stock of the borrowing entity;
(4) Management contract or any arrangement granting power to the bank to direct or cause the direction of management and policies of the borrowing entity; or
(5) Permanent proxy or voting trusts in favor of the bank constituting at least twenty percent (20%) of the outstanding voting stock of the borrowing entity, or vice-versa.
a. Volume and weighted average interest rates of deposits and loans. Data on the volume of transactions and weighted average interest rates of certificates of time deposits and secured/unsecured loans granted, classified by maturity, and outstanding savings deposits classified by interest rates, shall be prepared daily (except data on savings deposits which shall be prepared weekly) and submitted weekly by all head offices of UBs/KBs to the Department of Economic Research of the Bangko Sentral not later than 4:00 PM on Thursday after end of reference week.
b. Short-term prime rates. All UBs and KBs shall submit in the prescribed form a report on the volume and interest rates on credit line availments under enum-term prime rates in such frequency and within the deadline indicated in Appendix 7.
c. Foreign Exchange Position Report. Banks may be allowed to submit on a weekly basis the notarized certification signed by the bank’s president/CEO/country manager and the treasurer to cover the daily hard copies of Schedule 13, FX Form I and CFXPR pertaining to each day of the week. Delayed submission of the notarized certification shall be subject to monetary penalty, as follows:
| Daily Penalty | |
| 1st banking day of delay | P6,000 (equivalent P1,200 per day for five report dates covered by the certification on the assumption that the five (5) weekdays of the reference week are all banking days) |
| 2nd banking day of delay and onwards | P1,200 per day |
a. Cause of the strike/lockout and bank management’s position on its legality; and
b. Bank operations affected.
| Data Item | Unit of Expression |
| I. Month of Loan Granted/Booked | Number |
| II. Location of Property | Number |
| III. Type of Property | Number |
| IV. Type of Housing Unit | Number |
| V. Appraisal Value of Housing Unit | Peso Amount |
| VI. Total Floor Area | Number |
| VII. Number of Floors | Number |
| VIII. Number of Bedrooms | Number |
| IX. Effective Age of Housing Unit | Number |
| X. Appraised Value of Lot | Peso Amount |
| XI. Total Lot Area | Number |
| XII. Total Appraised Value of Property | Peso Amount |
| XIII. Housing Segment | Number |
| XIV. Acquisition Cost | Peso Amount |
| XV. Name of Developer | Number |
| XVI. Name of Other Developer | Number |
(1) Bank Report
(2) Banking Group Report
| Reports \ Covered Banks | UBs | KBs |
|
1. Bank Report. This shall contain the solo report of the bank’s project finance exposures. Trust departments of covered banks shall likewise submit the Report on Project Finance Exposures covering the project finance exposure of their clients. |
x | x |
|
2. Banking Group Report. This shall contain the consolidated report of the banking group’s project finance exposures. UBs/KBs shall likewise submit aggregate project finance exposures of trust departments of banks/FIs that are part of the banking group. |
x | x |
(Circular Nos. 1019 dated 31 October 2018, 988 dated 20 December 2017, 987 dated 28 December 2017, 976 dated 10 October 2017, 969 dated 22 August 2017, 963 dated 27 June 2017, 941 dated 20 January 2017, 923 dated 31 August 2016, 914 dated 23 June 2016, and 890 dated 02 November 2015, M-2015-015 dated 16 March 2015, Circular Nos. 870 dated 20 February 2015, 866 dated 07 January 2015, and 850 dated 08 September 2014)