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There was an unauthorized ATM/debit withdrawal โ€” am I liable, and do I get provisional credit?

Last updated: 2026-07-12 ยท Educational content; not legal advice.

Short answer

Report it immediately, and you are not automatically liable. Under RA 11765 and BSP Circular No. 1160, a bank must investigate a disputed transaction and is expected to presume the consumer is not at fault until its investigation shows otherwise โ€” and long-standing case law puts the burden on the bank to prove a withdrawal was genuinely authorized. Whether you get a provisional (temporary) credit while the bank investigates is not a blanket statutory guarantee; it depends on the bank's policy and the card network. Your strongest protections are the duty to investigate, the non-fault presumption, and your right to escalate to the BSP if the bank wrongly makes you eat the loss.

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Frequently asked

How fast must I report it?

Immediately upon discovery โ€” call the bank's hotline, then follow up in writing, and note the card's or account's terms on reporting windows. Prompt reporting protects you and starts the bank's duty to investigate; delay can be used against you.

Will the bank give my money back while it investigates?

Some banks issue a provisional credit pending the outcome, but it is not a universal statutory right. What the law does require is a genuine investigation, the non-fault presumption, and a fair, timely resolution โ€” with the burden on the bank to prove the transaction was authorized.

The bank blames me for sharing my PIN/OTP โ€” am I stuck?

Not automatically. The bank must actually prove authorization or your gross negligence; a bare accusation isn't enough. If it refuses to re-credit without proof, escalate to the BSP and preserve all evidence (SMS, location, that you still held the card).

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