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Regulatory Framework of Business Transactions
Truth in Lending Act
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Christine Abegail
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Cards (31)
What is the official title of Republic Act No. 3765?
Truth in Lending Act
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What is the main purpose of the Truth in Lending Act?
To protect citizens from a lack of
awareness
of credit costs
To ensure full
disclosure
of credit costs
To prevent
uninformed
use of credit affecting the national economy
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What does the term "Board" refer to in the Truth in Lending Act?
The Monetary Board of the
Central Bank
of the
Philippines
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How is "credit" defined in the Truth in Lending Act?
Credit
includes loans, mortgages,
conditional sales contracts
, and other financial arrangements where payment is made after the transaction.
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What does "finance charge" include according to the Act?
Finance charge includes interest, fees, service charges,
discounts
, and other charges related to
credit extension.
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Who is considered a "creditor" under the Truth in Lending Act?
A creditor is any person engaged in the business of
extending
credit who requires a
finance
charge.
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What does the term "
person
" encompass in the context of the
Act
?
Person
includes individuals,
corporations
, partnerships, associations, and government entities.
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What information must a creditor provide to a person before a credit transaction?
Cash
or delivered price of the
property
or service
Amounts
credited
as down
payment
and/or trade-in
Difference between
cash price
and down
payment
Itemized charges not incident to credit
Total amount to be
financed
Finance charge in
pesos
and
centavos
Percentage of
finance
charge as a simple
annual
rate
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What authority does the Board have under the Truth in Lending Act?
The Board can prescribe rules and
regulations
necessary for carrying out the
provisions
of the Act.
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What are the penalties for a creditor who fails to disclose required information?
A creditor may be liable for P100 or
twice
the finance charge, whichever is
greater
, up to a maximum of P2,000.
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What is the time limit for a person to recover penalties from a creditor under the Act?
Action to recover penalties must be brought within
one year
from the date of the
violation.
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What is the range of fines for willful violations of the Truth in Lending Act?
Fines range from
P1,000
to
P5,000
, or imprisonment for 6 months to 1 year, or both.
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Does the Truth in Lending Act apply to the Philippine Government?
No
, the Act does not apply to the Philippine Government or its
agencies.
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What is the significance of a final judgment in a criminal proceeding under this Act?
A final judgment of willful violation serves as
prima facie evidence
in subsequent actions against the defendant.
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When did the Truth in Lending Act become effective?
It became effective upon approval on
June 22, 1963.
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What is the official title of Republic Act No. 3765?
Truth in Lending Act
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What is the primary purpose of the Truth in Lending Act?
To ensure full
disclosure
of the true cost of credit to
protect
citizens
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What does the term "Board" refer to in the Truth in Lending Act?
The Monetary Board of the
Central Bank
of the
Philippines
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How is "credit" defined in the Truth in Lending Act?
As any loan,
mortgage
, or contract where part of the price is
payable
later
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What does "
finance
charge" include according to the
Act
?
Interest, fees,
service charges
, and other charges related to
credit extension
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Who is considered a "creditor" under the Truth in Lending Act?
Any person engaged in the business of
extending credit
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What does the term "person" encompass in the context of the Act?
Individuals,
corporations
, partnerships, and
government agencies
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What information must a creditor provide to a person before a credit transaction is consummated?
Cash
price or delivered price of the
property
or service
Amounts credited as
down payment
and/or
trade-in
Difference between
cash price
and
down payment
Itemized charges not incident to credit
Total amount to be
financed
Finance
charge
in
pesos
and centavos
Percentage of
finance
charge to
total
amount financed
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What authority does the Board have under the Truth in Lending Act?
The Board can prescribe
rules
and regulations necessary for the Act's
provisions
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What is the penalty for a creditor who fails to disclose required information?
Liable for
P100
or twice the finance charge, whichever is greater, up to
P2,000
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What is the time limit for a person to recover penalties from a creditor under the Act?
One year
from the date of the
violation
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What are the potential penalties for willful violations of the Act?
Fines between
P1,000
and
P5,000
or imprisonment for 6 months to 1 year, or both
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Does the Truth in Lending Act apply to the Philippine Government?
No
, the Act does not apply to the Philippine Government or its
agencies
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What is the significance of a final judgment in a criminal proceeding under this Act?
It serves as
prima facie
evidence against the
defendant
in other actions under the Act
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When did the Truth in Lending Act become effective?
Upon approval on
June 22, 1963
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What are the key sections of the Truth in Lending Act?
Section 1
: Title of the Act
Section 2
: Declaration of Policy
Section 3
: Definitions of terms
Section 4
: Disclosure requirements for creditors
Section 5
: Authority of the Board
Section 6
: Penalties for non-compliance
Section 7
: Effectivity of the Act
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