CREDIT
TRANSCATION
A credit transaction is a business transaction which although has
monetary impact does not involve exchange of cash at the time
of occurrence of the transaction, but is settled in cash at a
subsequent date.
Credit transactions result in creation of asset (receivable)
or liability (payable) in the books of accounts. This asset or
liability is extinguished from the books at the time of settlement.
For example, a manufacturer sells his goods to a wholesaler
who does not pay for them immediately but is allowed a credit
period of 30 days for making payment. This is a credit sale of
goods that does not involve immediate cash exchange however
it results in recognition of income and creation of a debtor,
thus it still has monetary impact and qualifies as a credit
transaction.
Credit transactions are only recorded in books of accounts
maintained on accrual basis. These are recorded in books
maintained on cash basis only at the time of settlement.
Difference between cash transaction
and credit transaction
1. Meaning
A cash transaction is a business transaction that is settled with
immediate exchange of cash.
A credit transaction is a business transaction which is not settled
in cash at the time of entering into the transaction but is settled at
a subsequent date.
2. Timing of settlement
Cash transactions are settled immediately.
Credit transactions are settled subsequent to the transaction at a
later date.
3. Applicable to which basis of accounting
Cash transactions are recorded under both cash basis and
mercantile basis accounting.
Credit transactions are only recorded in mercantile basis
accounting.
4. Entries per transaction
Cash transactions can be recorded through fewer entries as
they impact cash or bank immediately.
Credit transactions are recorded through multiple entries –
creation of asset/liability at the time of the transaction and
separate entries at the time of settlement.
5. Impact on cash flow
Cash transactions have immediate impact on cash flow.
Credit transactions do not have immediate impact on cash flow.
6. Impact on balance sheet
Cash transactions impact the balance sheet through changes in the
cash or bank account.
Credit transactions impact the balance sheet by creation of an asset
(receivable) or liability (payable).
7. Suitability to business types
Cash transactions are generally found in greater numbers in smaller
businesses where value of transactions is lower.
Cash transactions are also more prevalent in retail business
where although volume and value of transactions are higher,
they are generally immediately settled in cash.
Credit transactions are more prevalent in larger businesses
where system of credit period is followed.
8. Examples
Cash transactions can include over the counter sale of goods,
retail purchases etc.
Credit transactions include accrual of utility bills which can be
paid subsequently, sale and purchase of goods on credit basis
etc.
• Cash and credit transactions both have different impact
on the balance sheet and cash flow of a business but both
have the same impact on the profit and loss statement. It
is however important to identify whether a transaction is
cash or credit to determine the accounting treatment to
be given. The key determinant is to understand the timing
of actual payment/receipt in the transaction.
REPUBLIC ACT No. 3765
AN ACT TO REQUIRE THE DISCLOSURE OF FINANCE CHARGES IN
CONNECTION WITH EXTENSIONS OF CREDIT.
Section 1. This Act shall be known as the "Truth in Lending Act.“
Section 2. Declaration of Policy. It is hereby declared to be the
policy of the State to protect its citizens from a lack of awareness
of the true cost of credit to the user by assuring a full disclosure of
such cost with a view of preventing the uninformed use of credit to
the detriment of the national economy.
Section 3. As used in this Act, the term
(1) "Board" means the Monetary Board of the Central Bank of the
Philippines.
(2) "Credit" means any loan, mortgage, deed of trust, advance, or discount;
any conditional sales contract; any contract to sell, or sale or contract of
sale of property or services, either for present or future delivery, under
which part or all of the price is payable subsequent to the making of such
sale or contract; any rental-purchase contract; any contract or arrangement
for the hire, bailment, or leasing of property; any option, demand, lien,
pledge, or other claim against, or for the delivery of, property or money; any
purchase, or other acquisition of, or any credit upon the security of, any
obligation of claim arising out of any of the foregoing; and any transaction
or series of transactions having a similar purpose or effect.
(3) "Finance charge" includes interest, fees, service charges, discounts, and
such other charges incident to the extension of credit as the Board may be
regulation prescribe.
(4) "Creditor" means any person engaged in the business of extending credit
(including any person who as a regular business practice make loans or
sells or rents property or services on a time, credit, or installment basis,
either as principal or as agent) who requires as an incident to the extension
of credit, the payment of a finance charge.
(5) "Person" means any individual, corporation, partnership, association, or
other organized group of persons, or the legal successor or representative of
the foregoing, and includes the Philippine Government or any agency
thereof, or any other government, or of any of its political subdivisions, or
any agency of the foregoing.
Section 4. Any creditor shall furnish to each person to whom credit is
extended, prior to the consummation of the transaction, a clear
statement in writing setting forth, to the extent applicable and in
accordance with rules and regulations prescribed by the Board, the
following information:
(1) the cash price or delivered price of the property or service to be
acquired;
(2) the amounts, if any, to be credited as down payment and/or trade-
in;
(3) the difference between the amounts set forth under clauses (1)
and (2);
(4) the charges, individually itemized, which are paid or to be paid by
such person in connection with the transaction but which are not
incident to the extension of credit;
(5) the total amount to be financed;
(6) the finance charge expressed in terms of pesos and centavos;
and
(7) the percentage that the finance bears to the total amount to be
financed expressed as a simple annual rate on the outstanding
unpaid balance of the obligation.
Section 5. The Board shall prescribe such rules and regulations as
may be necessary or proper in carrying out the provisions of this
Act. Any rule or regulation prescribed hereunder may contain such
classifications and differentiations as in the judgment of the Board
are necessary or proper to effectuate the purposes of this Act or to
prevent circumvention or evasion, or to facilitate the enforcement
of this Act, or any rule or regulation issued thereunder
Section 6. (a) Any creditor who in connection with any credit transaction
fails to disclose to any person any information in violation of this Act or any
regulation issued thereunder shall be liable to such person in the amount of
P100 or in an amount equal to twice the finance charged required by such
creditor in connection with such transaction, whichever is the greater,
except that such liability shall not exceed P2,000 on any credit transaction.
Action to recover such penalty may be brought by such person within one
year from the date of the occurrence of the violation, in any court of
competent jurisdiction. In any action under this subsection in which any
person is entitled to a recovery, the creditor shall be liable for reasonable
attorney's fees and court costs as determined by the court.
(b) Except as specified in subsection (a) of this section, nothing
contained in this Act or any regulation contained in this Act or any
regulation thereunder shall affect the validity or enforceability of
any contract or transactions.
(c) Any person who willfully violates any provision of this Act or
any regulation issued thereunder shall be fined by not less than
P1,00 or more than P5,000 or imprisonment for not less than 6
months, nor more than one year or both.
(d) No punishment or penalty provided by this Act shall apply to the
Philippine Government or any agency or any political subdivision
thereof.
(e) A final judgment hereafter rendered in any criminal proceeding
under this Act to the effect that a defendant has willfully violated
this Act shall be prima facie evidence against such defendant in an
action or proceeding brought by any other party against such
defendant under this Act as to all matters respecting which said
judgment would be an estoppel as between the parties thereto.
Section 7. This Act shall become effective upon approval.
REPUBLIC ACT NO. 386
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL
CODE OF THE PHILIPPINE
TITLE XII
CONCURRENCE AND
PREFERENCE OF CREDITS
CHAPTER 2
Classification of Credits
Article 2241. With reference to specific movable property of the
debtor, the following claims or liens shall be preferred:
(1) Duties, taxes and fees due thereon to the State or any subdivision
thereof;
(2) Claims arising from misappropriation, breach of trust, or
malfeasance by public officials committed in the performance of their
duties, on the movables, money or securities obtained by them;
(3) Claims for the unpaid price of movables sold, on said movables, so
long as they are in the possession of the debtor, up to the value of
the same; and if the movable has been resold by the debtor and the
price is still unpaid, the lien may be enforced on the price; this right
is not lost by the immobilization of the thing by destination, provided
it has not lost its form, substance and identity; neither is the right
lost by the sale of the thing together with other property for a lump
sum, when the price thereof can be determined proportionally;
(4) Credits guaranteed with a pledge so long as the things pledged
are in the hands of the creditor, or those guaranteed by a chattel
mortgage, upon the things pledged or mortgaged, up to the value
thereof;
(5) Credits for the making, repair, safekeeping or preservation of
personal property, on the movable thus made, repaired, kept or
possessed;
(6) Claims for laborers' wages, on the goods manufactured or the
work done;
(7) For expenses of salvage, upon the goods salvaged;
(8) Credits between the landlord and the tenant, arising from the
contract of tenancy on shares, on the share of each in the fruits or
harvest;
(9) Credits for transportation, upon the goods carried, for the price of
the contract and incidental expenses, until their delivery and for
thirty days thereafter;
(10) Credits for lodging and supplies usually furnished to travellers by hotel
keepers, on the movables belonging to the guest as long as such movables are
in the hotel, but not for money loaned to the guests;
(11) Credits for seeds and expenses for cultivation and harvest advanced to
the debtor, upon the fruits harvested;
(12) Credits for rent for one year, upon the personal property of the lessee
existing on the immovable leased and on the fruits of the same, but not on
money or instruments of credit;
(13) Claims in favor of the depositor if the depositary has wrongfully sold the
thing deposited, upon the price of the sale.
In the foregoing cases, if the movables to which the lien or preference
attaches have been wrongfully taken, the creditor may demand them from any
possessor, within thirty days from the unlawful seizure.
Article 2242. With reference to specific immovable property and real
rights of the debtor, the following claims, mortgages and liens shall
be preferred, and shall constitute an encumbrance on the immovable
or real right:
(1) Taxes due upon the land or building;
(2) For the unpaid price of real property sold, upon the immovable
sold;
(3) Claims of laborers, masons, mechanics and other workmen, as
well as of architects, engineers and contractors, engaged in the
construction, reconstruction or repair of buildings, canals or other
works, upon said buildings, canals or other works;
(4) Claims of furnishers of materials used in the construction,
reconstruction, or repair of buildings, canals or other works, upon
said buildings, canals or other works;
(5) Mortgage credits recorded in the Registry of Property, upon the
real estate mortgaged;
(6) Expenses for the preservation or improvement of real property
when the law authorizes reimbursement, upon the immovable
preserved or improved;
(7) Credits annotated in the Registry of Property, in virtue of a
judicial order, by attachments or executions, upon the property
affected, and only as to later credits;
(8) Claims of co-heirs for warranty in the partition of an immovable
among them, upon the real property thus divided;
(9) Claims of donors or real property for pecuniary charges or other
conditions imposed upon the done, upon the immovable donated;
(10) Credits of insurers, upon the property insured, for the insurance
premium for two years.
Article 2243. The claims or credits enumerated in the two preceding
articles shall be considered as mortgages or pledges of real or
personal property, or liens within the purview of legal provisions
governing insolvency.
Article 2244. With reference to other property, real and personal, of
the debtor, the following claims or credits shall be preferred in the
order named:
(1) Proper funeral expenses for the debtor, or children under his or
her parental authority who have no property of their own, when
approved by the court;
(2) Credits for services rendered the insolvent by employees,
laborers, or household helpers for one year preceding the
commencement of the proceedings in insolvency;
(3) Expenses during the last illness of the debtor or of his or her
spouse and children under his or her parental authority, if they have
no property of their own;
(4) Compensation due the laborers or their dependents under laws
providing for indemnity for damages in cases of labor accident, or
illness resulting from the nature of the employment;
(5) Credits and advancements made to the debtor for support of
himself or herself, and family, during the last year preceding the
insolvency;
(6) Support during the insolvency proceedings, and for three months
thereafter;
(7) Fines and civil indemnification arising from a criminal offense;
(8) Legal expenses, and expenses incurred in the administration of
the insolvent's estate for the common interest of the creditors, when
properly authorized and approved by the court;
(9) Taxes and assessments due the national government;
10) Taxes and assessments due any province;
(11) Taxes and assessments due any city or municipality;
(12) Damages for death or personal injuries caused by a quasi-delict;
(13) Gifts due to public and private institutions of charity or
beneficence;
(14) Credits which, without special privilege, appear in a public instrument; or
in a final judgment, if they have been the subject of litigation. These credits
shall have preference among themselves in the order of priority of the dates of
the instruments and of the judgments, respectively.
Article 2245. Credits of any other kind or class, or by any other right
or title not comprised in the four preceding articles, shall enjoy no
preference.
CHAPTER 3
Order of Preference of Credits
Article 2246. Those credits which enjoy preference with respect to
specific movables, exclude all others to the extent of the value of the
personal property to which the preference refers.
Article 2247. If there are two or more credits with respect to the same
specific movable property, they shall be satisfied pro rata, after the
payment of duties, taxes and fees due the State or any subdivision
Article 2248. Those credits which enjoy preference in relation to
specific real property or real rights, exclude all others to the extent
of the value of the immovable or real right to which the preference
refers.
Article 2249. If there are two or more credits with respect to the
same specific real property or real rights, they shall be satisfied pro
rata, after the payment of the taxes and assessments upon the
immovable property or real right. (1927a)
Article 2250. The excess, if any, after the payment of the credits
which enjoy preference with respect to specific property, real or
personal, shall be added to the free property which the debtor may
have, for the payment of the other credits.
Article 2251. Those credits which do not enjoy any
preference with respect to specific property, and those
which enjoy preference, as to the amount not paid, shall be
satisfied according to the following rules:
(1) In the order established in article 2244;
(2) Common credits referred to in article 2245 shall be paid
pro rata regardless of dates.
PRESENTED BY:
ADANTE, Joan
ARRABIS, Reachelle
BALDON, Lay Anne B.
BUCAD, Ma. Glenda M.
BUFETE, Rachelle R.
CAYA, Shiela Mae
FIGURACION, Diane
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ransaction-and-credit-transaction/
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