Reporting Theft of an ATM Card With Salary Deposit (Philippines)

General information only—not legal advice. If you’re dealing with a live incident, act immediately and consider consulting a lawyer or the Public Attorney’s Office (PAO).

At-a-glance (do these first)

Freeze the card now. Use your bank app/online banking or call the 24/7 hotline to block the card and change your PIN.
Document everything. Take screenshots of alerts/transactions, note call reference numbers, and save CCTV timestamps/locations.
Report to the bank in writing. File a dispute and Affidavit of Loss/Unauthorized Transactions as soon as possible.
Blotter and cybercrime report. File a police blotter at the station with jurisdiction, and if digital misuse is involved (e.g., OTP/online debits), report to PNP-ACG or NBI Cybercrime Division.
Tell HR/payroll. Ask for a temporary hold or alternate payout method for the next salary cycle and request help with bank coordination.
Track deadlines. Many banks impose short windows (often 7–15 days) for dispute filing—file early.

Legal framework (what laws might apply)

Revised Penal Code (RPC):
- Theft (Art. 308 et seq.) covers stealing the physical ATM card and cash withdrawn using it.
- Qualified theft may apply if committed with abuse of confidence (e.g., by a househelp/co-worker entrusted with the card).
- Estafa may be implicated where deceit/abuse of confidence causes you or the bank to part with money.
Access Devices Regulation Act (Republic Act No. 8484):
- Defines ATM/debit/credit cards as “access devices.”
- Penalizes theft, possession, sale, or fraudulent use (including skimming/cloning) of access devices.
Cybercrime Prevention Act (RA 10175):
- Penalizes computer-related fraud, illegal access, and identity theft, often relevant when OTPs, online banking, or card-not-present transactions are involved.
Financial Consumer Protection Act (RA 11765):
- Establishes rights of financial consumers and obligations of banks, including fair handling of complaints, transparent processes, and redress mechanisms under the Bangko Sentral ng Pilipinas (BSP).
Data Privacy Act (RA 10173):
- If your personal data or account credentials were exposed due to a data breach, banks/third parties may have reporting and remediation duties.

Note: Penalties, procedures, and thresholds change over time; bank Terms & Conditions and BSP rules will also govern your specific dispute.

Who is responsible for the loss?

If the thief physically used the card + PIN at an ATM:
- Liability often hinges on negligence. If you safeguarded your card and PIN (not written on the card; not shared; prompt reporting), you have a stronger claim for reimbursement.
- Banks may deny claims if there’s cardholder negligence (e.g., PIN/OTP sharing, delayed reporting).
If transactions were card-not-present (online debits/merchant payments):
- These frequently trigger fraud protocols under RA 8484 and RA 10175. Banks assess device fingerprints, 3-D Secure/OTP logs, and IP data. If the bank’s controls failed, chargebacks and refunds are more likely.
If the loss stemmed from a bank/system issue (skimming at their ATM, breached merchant, internal error):
- You may seek reimbursement under consumer protection rules, subject to investigation.

Step-by-step: Bank-facing actions

Immediate block:
- Use the app/online banking to lock/freeze the card and change PIN. If you can’t, call the hotline; record the reference number and time.
Transaction review and evidence pack:
- List unauthorized transactions (date, time, ATM location/merchant, amount).
- Keep SMS/email alerts, app notifications, balance history, and any CCTV details (branch, machine ID, timestamp).
Written dispute (as early as possible):
- Submit the bank’s Dispute Form and an Affidavit of Loss/Unauthorized Transactions (notarized if required).
- Attach a Police Blotter (or proof of scheduled filing) and valid IDs.
- Ask for provisional credit while under investigation (some banks provide this case-to-case).
Follow the bank’s investigation timeline:
- Banks usually quote a time window (e.g., 20–45 banking days, longer for cross-bank/overseas networks).
- Respond quickly to any requests for additional documents or CCTV coordination.
Replacement card:
- Request a replacement ATM card and new PIN. Ask to waive the replacement fee given the theft, and to disable online purchases on the debit card until you opt back in.

Step-by-step: Law enforcement & regulatory path

Police blotter (physical theft):
- File where the theft occurred or where your bank branch/ATM is located. Include transaction printouts, CCTV details, and witness names.
PNP Anti-Cybercrime Group / NBI Cybercrime Division (digital fraud):
- File a complaint if OTPs, SIM-swap, phishing, or online transactions are involved. Provide logs, emails, IP/device info if available.
BSP escalation (if bank response is unsatisfactory):
- After you’ve used the bank’s Consumer Assistance channel, elevate your case to the Bangko Sentral ng Pilipinas with your dispute case number, timeline, and evidence.
- Reliefs commonly sought: proper investigation, reimbursement if warranted, or corrective measures.

Employer/Payroll considerations

Has the employer “paid” your wages once funds hit your account?
- Generally, yes. Once properly deposited in your designated payroll account, the employer’s wage obligation is usually considered fulfilled.
- Exception scenarios: If the employer’s actions caused/compelled unsafe practices (e.g., requiring you to share your PIN or card), discuss potential remedies.
Practical steps with HR/payroll:
- Notify HR immediately that your payroll card was stolen.
- Request that the next salary be paid over the counter or to a new payroll account pending card replacement.
- Ask for a certificate/letter confirming deposit dates/amounts to support your bank dispute.
- In urgent hardship cases, inquire about a salary advance or emergency loan.

Evidence to gather (checklist)

Bank hotline reference numbers and dates/times of calls.
Screenshots of alerts, balance changes, and disputed items.
ATM/branch location, machine ID if shown on receipts; transaction timestamps.
Police blotter and, when available, CCTV request acknowledgment (usually routed through police/bank).
Affidavit of Loss/Unauthorized Use (keep original and copies).
Correspondence with bank and HR.
Proof you never shared your PIN/OTP (e.g., internal policies, your own declarations).
Any SIM-swap or telco incident report if relevant.

Civil, criminal, and administrative remedies

Criminal complaint against the perpetrator for theft/qualified theft, estafa, access-device fraud, and/or cybercrime offenses.
Civil claim to recover amounts from the wrongdoer (and, where warranted, from negligent parties). For smaller amounts, consider Small Claims procedure in the first-level courts (monetary threshold changes from time to time—verify current limits).
Administrative complaint/escalation with the BSP if the dispute concerns bank handling, controls, or redress.

Special scenarios

Skimming at an ATM you used recently:
- Report every unexpected transaction—even small “test” debits. Ask the bank to flag linked accounts.
- Future-proof: enable chip/EMV-only withdrawals, lower withdrawal limits, and transaction alerts.
Card-not-present (online merchant) debits on a payroll debit card:
- Request the bank to disable e-commerce features by default for payroll cards or apply per-transaction OTP. File chargebacks where applicable.
Inside-job suspicion (co-worker/household helper):
- Consider qualified theft and estafa charges; preserve internal CCTV/access logs and coordinate with employer security.
SIM-swap or compromised phone/OTP:
- Immediately call your telco to lock the SIM and issue a SIM replacement, and update bank OTP device registration.

How banks typically assess responsibility

Favors the cardholder when:
- Prompt reporting; consistent story; strong proof of physical loss; no evidence of PIN/OTP sharing; transactions inconsistent with your pattern.
Favors the bank/denial when:
- PIN written on/with the card; shared OTPs; unreasonable delay in reporting; transactions match your usual pattern, device, or location.

Tip: Even if the bank initially denies, a clear, well-evidenced appeal (and BSP escalation) can change outcomes.

Preventive practices (going forward)

Use strong, unique PINs, change them periodically, and shield the keypad at ATMs.
Prefer bank-owned ATMs in secure locations; avoid “loose” card slots or suspicious overlays.
Keep real-time SMS/app alerts on; set low per-day limits.
Disable online purchases on the debit card unless needed; use a separate low-limit card for e-commerce.
Never share PINs/OTPs—banks won’t ask for them.

Templates (you can copy-paste and adapt)

1) Affidavit of Loss & Unauthorized Transactions (outline)

AFFIDAVIT OF LOSS AND UNAUTHORIZED TRANSACTIONS I, [Name], of legal age, Filipino, with address at [Address], after being duly sworn, depose and state:

I am the holder of ATM/debit card no. [last 4 digits] issued by [Bank] for payroll account no. [xxxx].

On [date/time], at/near [place], my ATM card was [lost/stolen]. I discovered unauthorized transactions on [date] totaling ₱[amount], namely: [list].

I did not authorize these transactions, did not share my PIN/OTP with anyone, and exercised due care over my card and credentials.

I immediately reported the incident to [Bank] via [hotline/app/branch] on [date/time], reference no. [ref], and to [Police station] under blotter no. [no.].

I request that [Bank] investigate, reverse disputed transactions, and issue a replacement card. IN WITNESS WHEREOF… (Signature) SUBSCRIBED AND SWORN… (Notarial section)

2) Bank Dispute Cover Letter (email/body)

Subject: Dispute – Unauthorized ATM/Online Transactions | Account [xxxx] Dear [Bank Disputes Team], I am disputing the following transactions totaling ₱[amount] on [dates]. My card was [lost/stolen] on [date], reported under reference no. [ref]. Attached are my affidavit, police blotter, ID, and screenshots. I did not share my PIN/OTP and request reversal and provisional credit pending investigation. Sincerely, [Name, Contact]

3) HR/Payroll Notice

Hello HR, My payroll ATM card was stolen on [date]. I’ve blocked it and filed a bank dispute. Kindly arrange my next payroll payout [over the counter / to new account], and please provide a letter confirming my payroll deposits on [dates/amounts] to support my bank case. Thanks, [Name]

FAQs

Q: Will the bank automatically refund my salary? A: No—banks investigate first. Refunds depend on findings, applicable laws, your diligence, and bank policies.

Q: Do I need to notarize my Affidavit? A: Many banks require notarization for loss/fraud affidavits. Ask the branch/disputes team.

Q: How fast should I report? A: Immediately. Banks often set short filing windows; earlier reporting strengthens your case.

Q: Can I sue if the bank refuses? A: You can appeal to BSP and consider civil action (including Small Claims where eligible). Seek legal advice for strategy and venue.

Key takeaways

Speed + documentation are decisive.
Philippine laws (RPC, RA 8484, RA 10175, RA 11765) and BSP rules provide criminal, civil, and administrative paths for redress.
Coordinate with bank, police/cybercrime units, and HR in parallel.
Your handling of the card/PIN/OTP and timely reporting heavily influence outcomes.

If you’d like, I can adapt the templates to your exact bank, city, and timeline, or draft a tighter checklist tailored to your facts.