In the digital age, phishing and unauthorized bank transfers have become a prevalent crisis in the Philippine financial landscape. When a victim discovers that their funds have been siphoned off through deceptive means, the Affidavit of Denial serves as the foundational legal document to contest the transaction and initiate a formal investigation.

1. Understanding the Affidavit of Denial

An Affidavit of Denial is a sworn written statement where the affiant (the account holder) declares under oath that they did not authorize, execute, or participate in specific transactions appearing on their billing statement or ledger.

In the context of phishing, this document serves two primary purposes:

Administrative: It triggers the bank’s internal fraud investigation unit.
Legal: It provides a basis for potential criminal prosecution under the Cybercrime Prevention Act of 2012 (R.A. 10175) and the Access Devices Regulation Act (R.A. 8484).

2. Essential Components of the Affidavit

To be legally effective and persuasive to a bank's fraud department, the affidavit must be detailed and factual. It typically includes:

Header and Title: Labeled as "Affidavit of Denial" or "Affidavit of Non-Involvement."
Affiant’s Information: Full name, civil status, and residence.
Account Details: The specific bank, branch, and account/card number involved.
The Incident Narrative: * The date and time the unauthorized transaction was discovered.
The specific amount(s) and recipient(s) of the funds.
A clear statement that the affiant did not share their OTP (One-Time Password), CVV, or PIN with any third party.
The Phishing Context: If a phishing link or fake call was involved, describe the communication received (e.g., "received an SMS appearing to be from Bank X containing a malicious link").
Prayer for Relief: A formal request for the bank to reverse the charges or credit back the lost funds.
Jurat: The portion where a Notary Public certifies that the affiant signed the document in their presence.

3. Step-by-Step Filing Guide

Step 1: Immediate Mitigation

Before drafting the document, call the bank’s hotline immediately to block the account/card. Under Bangko Sentral ng Pilipinas (BSP) regulations, the "first point of contact" is crucial for establishing the timeline of the fraud.

Step 2: Gathering Evidence

Collect all digital "paper trails" to attach as Annexes to your affidavit:

Screenshots of the phishing SMS or email.
Transaction logs from your mobile banking app.
The ticket number or reference number provided by the bank’s customer service.

Step 3: Drafting and Notarization

Draft the affidavit (or have a lawyer do so) ensuring all facts are 100% accurate. Since it is a sworn statement, any willful falsehood can lead to a charge of Perjury. You must sign it in the presence of a Notary Public.

Step 4: Submission

Submit the notarized affidavit to:

The Bank’s Fraud Department: Request a "received" copy.
The PNP-ACG or NBI-CCD: If you intend to file a criminal complaint, take the affidavit to the Philippine National Police Anti-Cybercrime Group or the National Bureau of Investigation Cybercrime Division.

4. Legal Framework and Consumer Rights

Under BSP Circular No. 1138, financial institutions are required to have robust "Consumer Protection Risk Management Systems."

Important Note: In many cases, banks may deny a claim by citing "gross negligence" if the user provided an OTP. However, if the phishing attack was sophisticated (e.g., SIM swapping or system-wide vulnerabilities), the burden of proof regarding the security of their system often lies with the bank.

5. Tips for a Successful Claim

Be Precise: Instead of saying "I lost money," say "On February 13, 2026, at 14:05 PST, an unauthorized fund transfer of ₱50,000 was made to [Recipient Name/Account]."
Consistency: Ensure the story in your affidavit matches the initial report you gave over the phone.
Promptness: File the affidavit within 24 to 48 hours of discovery. Delay can be interpreted as negligence.

Next Steps

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