The bank charged me a below-maintaining-balance or dormancy fee — is that legal?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
A bank may charge these fees only if it disclosed them to you and the conditions are actually met. A below-maintaining-balance fee is lawful only where the required minimum monthly balance and the penalty were disclosed up front (RA 3765 Truth in Lending and RA 11765 require clear fee disclosure) and your account genuinely fell below that minimum. A dormancy fee is tightly limited by BSP Circular 928 (2016): a bank may charge no more than ₱30 per month, and only when the account has had no deposit or withdrawal for at least five years, the balance is below the minimum, and the bank has sent the required prior notice. Undisclosed, mis-computed, or improperly noticed charges are recoverable — demand the fee schedule in writing, ask for a refund, and if refused escalate to the BSP under RA 11765. (For hidden or never-agreed charges generally, see the Unauthorized Charges cluster.)
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Frequently asked
What is the most a bank can charge as a dormancy fee?
Under BSP Circular 928 (2016), not more than ₱30 per month — and only if the account has had no deposit or withdrawal for at least five years, the balance is below the required minimum, and the bank complied with the prior-notice requirement.
Can the bank charge me for falling below the maintaining balance?
Only if the required minimum balance and the penalty were disclosed to you before you opened or in your terms (RA 3765, RA 11765) and the account actually fell below it. This platform will not state a fixed peso amount — check your bank's published, disclosed schedule.
The fee wasn't disclosed to me — can I get it back?
Yes. A charge that was never disclosed, or that doesn't meet the circular's conditions, is recoverable. Demand the written fee schedule and a refund; if refused, escalate to the BSP under RA 11765.
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Your rights as a bank depositor — is your money safe if your bank closes (PDIC insures deposits up to ₱1,000,000 per depositor per bank since 15 March 2025), why an account gets frozen and how to lift a court, AMLC, or garnishment hold, below-maintaining-balance and dormancy fees and when a bank may charge them, when an account becomes dormant and can be escheated to the government under the Unclaimed Balances Law (Act 3936), why you can be criminally charged for a bounced check (BP 22) yet not jailed for simple debt, the confidentiality of your deposits under the Bank Secrecy Law (RA 1405 / RA 6426) and its narrow exceptions, joint accounts and what happens to a deposit when a depositor dies, and how to file a complaint against your bank with the BSP.