Deposit
Deposit
Branch Date
8.    For Passbook-based accounts, upon opening of the account, the                    19.   Should the Bank, at its sole discretion, purchase check(s) presented to the
      Accountholder shall be furnished a deposit book (passbook) where                       Bank by the accountholder’s representation and warranty that it is a holder
      deposits/withdrawals made by the Accountholder are recorded. The Bank                  in due course, this accommodation shall be with full recourse to the
      may refuse to accept deposit if the passbook is not presented. However, in             Accountholder. The obligation of the Accountholder shall include the
      all times, the passbook must be presented to the Bank before any withdrawal            amount of check, interest, penalties and other costs which may arise from
      is allowed by the Bank. In case of incorrect/outdated entries in the                   the purchase and return of purchased checks including cost of collection
      passbook, the Bank shall rely on its records as basis for allowing withdrawal          from the Accountholder.
      transactions. Under no circumstances must the Accountholder make entries
      on said passbook.                                                                Interest
                                                                                       20.   Interest shall only be payable according to the rates and conditions as
9.    If the passbook is lost/mislaid/stolen, the Accountholder must immediately             provided by the Bank from time to time and maybe limited to specific
      notify the Bank in writing stating the circumstances surrounding the loss.             accounts or subject to minimum balances being maintained. It will be
      The Bank shall not be responsible for any payment or payments of                       computed based on the cleared daily balance, ledger balance or other basis
      withdrawal against a lost/mislaid/stolen deposit book prior to receipt of              of computation, as the case may be, subject to existing bank policies, to be
      notice of loss. Before a lost/mislaid/stolen passbook is replaced, no further          credited to the Account, net of withholding tax and/or any other applicable
      transaction of whatever nature shall be entertained by the Bank.                       tax prescribed by law/BIR regulation at the time of interest payment.
10.   Replacement of lost/mislaid/stolen passbook shall be subject to existing         21.   No interest shall be credited to the Account closed prior to the interest
      Bank rules and regulations at the time of said loss/misplacement/theft.                crediting date as set forth by the Bank.
26.   In the event the Accountholder draws a check against or withdraws any              38.   Account with zero balance due to service charge or other causes may be
      amount in excess of his credit balance and the Account is overdrawn (OD),                closed by the Bank.
      the Accountholder obligates himself to pay the Bank with or without need of
      demand, the debit balance appearing in the Account plus interest of 36%p.a.        39.   The Bank reserves the right to impose new maintenance fees and charges
      or the prevailing market rate as fixed by the BSP whichever is higher. In                and change existing fees/charges within limits allowed by law or BSP
      case the Bank shall require the services of counsel to enforce any of its rights         regulations.
      and remedies under this Agreement, the Accountholder binds himself to pay
      an additional sum equivalent to 25% of the total sum outstanding as and for        Statement of Accounts (SOA) for CA
      attorney’s fees and further agrees the Bank’s claim on the debit balance to        40.  The Bank shall provide Accountholder with monthly itemized SOA together
      be incontestable from the time of demand.                                               with all cancelled checks. The Bank shall consider the statement accepted
                                                                                              and acknowledged to be correct in case the Bank does not receive any notice
27.   The Bank reserves the right to require two (2) banking days written notice in           from the Accountholder on any error in the statement within thirty (30) days
      advance for any withdrawal whenever the Accountholder’s or the Bank’s                   from date of receipt of the statement by the Accountholder.
      interests so requires.
                                                                                         41.   It is further agreed that unclaimed SOA shall be retained by the Bank for a
Alterations on Checks                                                                          maximum period of ninety (90) days reckoned from the date of the SOA
28.  The Bank reserves the right to return checks with alteration(s). Alteration(s)            concerned. After the expiration of said period, the Bank shall be relieved of
     shall include any change/modification on any detail appearing on the check,               any obligation to the Accountholder with respect to the SOA and the Bank
     including but not limited to the date, sum payable, name of payee, effected               shall be free to dispose of the same in whatever manner it may deem proper.
     by insertion, crossing out, using a correction fluid or marker or any other
     means that will alter the effect of the check in any respect.                       Account Closing
                                                                                         42.  The Accountholder recognizes the Bank’s right to close the Account, with or
29.   In case the Accountholder makes an alteration in the check he issues, the               without notice, any time and for any reason at the Bank’s sole option and by
      Accountholder shall immediately advise the maintaining branch of the details            returning to the Accountholder whatever balance appearing to his credit per
      of the alteration and his/her instruction to honor/dishonor the same. In case           Bank’s books, minus charges, if any. Accountholder acknowledges that any
      the Accountholder fails to advise the Bank as stated in the preceding                   inadvertent acceptance of deposit shall confer no right upon him nor shall it
      statement or the Bank’s inability to confirm with the Accountholder, the                regain his standing as a depositor, and shall not hold the Bank liable for
      Bank, at its discretion may rightfully refuse to honor the altered check,               any/all damages caused by or arising therefrom.
      indicating the reason for the dishonor.
                                                                                         43.   Without prior notice to the Accountholder, accounts may be closed anytime
30.   The Accountholder shall hold the Bank and/or its representatives free and                at the discretion of the Bank if the Account is fictitious and used for
      harmless from any liability/loss/damage the Accountholder may suffer on                  fraudulent purposes or mishandled by the issuance of unfunded or
      account of the Bank's decision to dishonor/refuse to pay the Accountholder's             insufficiently funded checks, or for any reason that the Bank deems
      altered check as provided herein.                                                        necessary to protect its interest.
Stop Payment Order                                                                       44.   In the event the Account is closed on the ground that the same is improperly
31.  An Accountholder who wishes to stop the payment of any check issued                       handled, the Accountholder authorizes the Bank to report such closure and
     against his/her account should advise the Bank promptly in writing by                     the reason(s) therefor with the BAP or any central monitoring entity
     accomplishing “Stop Payment Order Form” supplied by the Bank for that                     established by BAP to keep record of mishandled deposit accounts.
     purpose. Such request for stop payment order will be honored only when
     made in accordance herewith and duly received and acknowledged by the               45.   The Bank, its officers and employees shall be free and harmless from any and
     Bank before the Bank has certified, accepted or paid the check being                      all liabilities, claims and demands of whatever kind or nature in connection
     stopped. Cancellation of the “Stop Payment Order” shall also be in writing.               with or arising from (i) the closing of the Account and/or (ii) the dishonor of
     Such order shall be governed by the Terms & Conditions indicated in the                   any check thereunder which may be presented to the Bank after the closing
     form.                                                                                     of the Account and/or (iii) reporting by the Bank of the closing of the
                                                                                               Account and their reasons therefor to the BAP or any central monitoring
Dormant                                                                                        entity established to keep record of mishandled deposit accounts.
32. The Account is considered dormant if no transaction (deposit/withdrawal) is
    made for a period of one (1) year for CA and two (2) years for SA. The               46.   For CA, the Accountholder may request closure of account at any time
    Accountholder will be notified sixty (60) days prior to change of account                  provided that such closure shall be effected by the Bank only after all checks
    status from active to dormant.                                                             drawn against the Account and unissued checks shall have been accounted
                                                                                               for to the satisfaction of the Bank. The Accountholder is under obligation to
33.   Deposit accounts remaining dormant for a period of ten (10) years from date              return to the Bank all unissued checks. The Accountholder shall be liable to
      of last transaction shall be reported to the Treasurer of the Philippines for            the Bank for any damage or liability which the Bank may incur or suffer by
      the necessary escheat proceedings in accordance with the Unclaimed                       reason of Accountholder’s failure to surrender said unused checks.
      Balances Act (R.A. 3936, as amended).
                                                                                         Joint “AND” Accounts and Joint “OR” or “AND/OR” Accounts
Service and Other Bank Charges                                                           47.   The Accountholders agree with one another and with the Bank that all
34.  An account, whether active or dormant, shall be subject to service and                    money, heretofore, now or hereafter deposited by us, or any of us, to the
     maintenance charges currently in effect. The Bank is authorized to debit the              credit of this account are and shall be received and held by the Bank with
     Account(s) for any applicable service charges, fees and penalties.                        the understanding and upon the condition that said money deposited without
                                                                                               reference to previous ownership and all interests, dividends and credits
35.   Such charges shall be debited from the Accountholder’s account and the                   thereon shall be the property of:
      Bank shall not be liable for dishonor, as result thereof, of checks, drafts,             a. For Joint “AND” Accounts, ALL OF US during our lifetime and after
      notes or other instruments due to insufficiency or lack of funds.                             death of anyone of us shall be payable to and collectible by the
                                                                                                    survivor(s) and the legal heir(s) of the deceased depositor upon proper
36.   Service charges, fees and penalties include, but are not limited to, the                      compliance with the Bank’s requirements on the matter.
      following: accounts falling below the required maintaining balance, dormant
      accounts, early closure (less than 30 days after account opening), cost of               b.   For Joint “OR” or “AND/OR” Accounts, ALL OF US JOINT OWNERS and
      checks, reproduced copy of statement of accounts or other records as                          shall be collectible by ANY ONE of us, during our lifetime and after
      requested by the Accountholder, checks drawn against insufficient fund or                     death of any one of us shall be payable in accordance with existing
      uncollected deposit whether subsequently funded or returned, check                            rules and regulations and policies of the Bank.
      deposits (whether local or foreign) accepted by the Bank for clearing or
      collection which are returned/dishonored for whatever reason, and other            48.   Any and all fund belonging or purporting to belong to either or both of the
                                                                                               Accountholders (including proceeds of any and all loans/discounts which may
      be made by the Bank to or for Accountholders), which may come into the           54.   The Accountholder agrees that any action that may arise from this
      Bank’s possession at anytime, may be deposited, at the Bank’s discretion, for          Agreement shall be vested in the competent court of the Judicial District of
      credit to the Account in the absence of contrary instructions.                         Manila or the place of execution hereof or in any competent court as may be
49.   Each Accountholder authorizes and empowers the other to endorse for                    allowed by the Rules of Court at the sole option of the Bank.
      deposit and to deposit to the Account any and all checks, drafts, notes or       55.   For the protection of the Bank and the Accountholder, under the provisions
      other instruments, payable or purporting to belong to either or both of the            of R.A. 1405 (Law on Secrecy of Bank Deposits), the Bank shall not entertain
      Accountholders. Should the Bank receive any such instrument(s) without                 inquiries or instructions over the telephone or by fax/telegram/cable
      endorsement, the Bank is hereby authorized to endorse it (them) on behalf              message regarding any account nor through a representative unless
      of the Accountholder for credit to the Account.                                        authorized in writing by the Accountholder(s).
50.   The available balance of the Account shall be subject to withdrawal or other     56.   The Bank is hereby authorized at anytime in its discretion and with or
      disposal in whole or in part by check or other written orders:                         without notice to any of the Accountholders, to charge the deposit and apply
      a. For “AND” accounts – BY BOTH OR ALL Accountholders, or by either of                 such amount thereof as shall be sufficient to pay any and all obligations of
           them AND the attorney-in-fact or other legal representative of the                the Accountholders or any or all of the “AND” or “AND/OR” Accountholders
           other, or by the attorney(s)-in-fact or other legal representative(s) of          including loans, interest, penalties, charges and other receivables from any
           both or all Accountholders. However, the Bank may require the written             of the Accountholders whether or not covered by promissory notes or other
           consent or approval of both Accountholders for the transfer of all or any         credit agreements. The Bank shall not be thereafter be liable and shall be
           part of the Account.         In the event of death of either of the               rendered free and harmless for withholding or applying to the payment of
           Accountholders, the Bank should be promptly notified in writing and the           said obligations any or all amount of the deposit.
           balance of the Account at the time of such death shall be disposed of in
           accordance with the rules on co-ownership and subject to whatever           57.   The Bank shall not be held liable for any loss or damage that may be incurred
           estate or other tax liabilities as may be required by law. The deceased           by the Accountholder or third party due to or occasioned by imperfect
           Accountholder will be represented by the administrator of his estate              computer programming procedures or by any defect in the material or
           and the funds in the Account will be released only upon the signature of          workmanship of any computer equipment.
           the surviving Accountholders and the administrators and only upon
           presentation of proof that the taxes corresponding to the share of the      58.   The Accountholder agrees that the terms and conditions herein together with
           deceased had already been paid.                                                   any subsequent additions, deletions or amendments shall apply to any and all
                                                                                             accounts which the Accountholder may maintain with the Bank. The
      b.   For “OR” or “AND/OR” Accounts – BY EITHER of the Accountholders, or               Accountholder acknowledges that amendments to the Deposit Contract
           by the attorney-in-fact or other legal representative of either of the            maybe adopted by the Bank from time to time without need of prior notice
           Accountholders (including among others any one or more such checks or             to the Accountholder, and that notices posted by the Bank in prominent
           other orders in favor of the signor hereof), all without inquiry with             places within its branches on such amendments shall constitute notice
           respect to the use or disposition of the funds so withdrawn or otherwise          sufficient to bind the Depositor.
           disbursed. However, the Bank may require the written consent or
           approval of both Accountholders for the transfer of all or any part of      Change of Address
           the balance to the individual account of either of the Accountholders       59. The Accountholder must notify the Bank in writing of any change in address.
           with the Bank. Every time a withdrawal is made, the withdrawing                 The Bank, its officers and employees shall be held free from any harm for
           accountholder certifies/declares that the other Accountholder is still          damages, claims, and demands from the failure of the Accountholder to do
           alive. In the event of death of either of the Accountholders, the Bank          so. All communications including the service of Legal process sent by post or
           should be promptly notified in writing and the balance of the Account           left at the last address registered with the Bank shall be deemed to have
           at the time of such death shall belong to and may be disposed of by the         been duly delivered to and received by the Accountholder.
           Bank as property of the surviving Accountholder subject to the
           compliance by the latter with the requirements as prescribed by law.        Deposit Insurance
           In case of conflict among the Accountholders, the Bank is hereby            60. The Account is insured by the Philippine Deposit Insurance Corporation (PDIC)
           authorized to hold or freeze the Account until it receives a court order        pursuant to R.A 3591, as amended. The Account shall likewise be governed
           authorizing the Bank to release the funds to the Accountholders or any          by the following terms and conditions under PDIC Regulatory Issuance No.
           one of them. Instructions with respect to the combination of signatures         2002-03:
           required, with their limitations, if any, will be in accordance to the          a. Deposits are insured by the PDIC up to a maximum amount of Five
           Accountholders declaration in the signature card.                                      Hundred Thousand Pesos (P500,000.00) per depositor.
Miscellaneous                                                                                b.   PDIC shall presume that the name(s) appearing on the deposit
51.  Pursuant to the Implementing Rules and Regulations (IRR) of R.A. 9160 (Anti-                 instrument is/are the actual/beneficial owner(s) of the deposit, except
     Money Laundering Act of 2001), the Accountholder grants irrevocable and                      as provided herein.
     unconditional authority to the Bank to report to the Anti-Money Laundering
     Council (AMLC) covered and/or suspicious transactions involving this account.           c.   In case of transfers or break-up of deposits, PDIC shall recognize
     The Accountholder holds and sets free the Bank, its Directors, Officers and                  actual/beneficial ownership of transferees who are qualified relatives
     Employees in the discharge of their duties in accordance with this law.                      of the transferor. Qualified relatives are transferees within the third
                                                                                                  degree of consanguinity or affinity of the transferor.
52.   For Maybank Premier Account (MPA), the Bank is hereby authorized to
      perform the following:                                                                 d.   In case of (a) deposits in the name of, or transfers or break-up of
      a. To transfer collected, cleared and unencumbered funds available from                     deposits in favor of, entities, either singly or jointly with individuals,
           the SA to the CA to cover any withdrawals by check therefrom. Funds                    and (b) transfers or break-up of deposits in favor of non-qualified
           deposited shall be deemed covered by the transfer arrangement only                     relatives, whenever such transfers/break-up will result in increased
           after the funds have been actually entered in the Bank’s, ledger/record                deposit insurance coverage, PDIC shall recognize beneficial ownership
           of the SA.                                                                             of the entity or transferee provided that the deposit account record
                                                                                                  show the following:
      b.   To debit either accounts for any charges/fees pertinent to the                         1)    Details or information establishing the right and capacity or the
           operations of the Accounts under the automatic fund transfer                                 relationship of the entity with the individual(s), or
           arrangement.                                                                           2)    Details or information establishing the validity or effectivity of the
                                                                                                        deposit transfer, or
      c.   To suspend, cancel and/or terminate the operation of the automatic                     3)    Copy of Board Resolution, order of competent government
           fund transfer arrangement and/or to close the deposit account without                        body/agency, contract or similar document as required/provided
           prior notice if either or both of the Accounts is/are not maintained                         by applicable laws.
           satisfactorily.                                                                        In the absence of the foregoing, PDIC shall deem the outstanding
                                                                                                  deposit as maintained for the benefit of the transferor although in the
53.   For SSS Pensioners’ Account, the Accountholder waives his/her rights and                    name of the transferee, subject to consolidation with other deposits of
      holds the Bank free and harmless from any liability in case withdrawals are                 the transferor.
      disallowed by reason of the SSS notice to the Bank to discontinue the credit,
      stop withdrawals and remit overpayments made to the Account. The                       e.   PDIC may require additional documents from the depositor to ascertain
      Accountholder further waives his/her rights under R.A. 1405 and allow SSS to                the details of the deposit transfer or the right and capacity of the
      inquire into the Account opened and maintained under the SSS Benefit                        transferee or his relationship to the transferor.
      Payment Thru Banks Program.
Additional Provisions for Fixed Deposits (Time Deposits/Special Savings                 77.   The Bank must be immediately notified in writing in case of any misplaced,
Account)                                                                                      stolen or destroyed Card. The cardholder shall also be responsible for any
61.  Fixed Deposits shall be subject to Documentary Stamp Tax, in accordance                  transaction or use of the card prior to the Bank’s receipt of the notice
     with the National Internal Revenue Code (NIRC), for the Account of the
     Accountholder.
62.  Interest on Fixed Deposits shall be subject to Final Withholding Taxes in
     accordance with the NIRC deducted from the proceeds of interest earned.
63.   Deposits in checks and drafts shall be entitled to interest, however, in case
      of return for whatever reason, the Account shall be closed and the interest
      accrued thereon shall be forfeited. No withdrawal may be made on the
      Account until the proceeds of check/draft deposits have been actually
      collected by the Bank. The Accountholder warrants the genuineness of all
      checks deposited in the Account notwithstanding the lack of endorsement
      thereof.
65.   Matured Fixed Deposits not negotiated for a period of two (2) years from
      date of maturity shall be classified Dormant. Matured Peso Fixed Deposits
      which have remained dormant for a period of eight (8) years, or have not
      been negotiated for a period of ten (10) years from the date of maturity shall
      be escheated in favor of the Government in accordance with the Unclaimed
      Balances Act (R.A. 3936, as amended).
68.   The Card shall at all times remain the property of the Bank and shall be
      surrendered to the Bank immediately upon request.
69.   The Cardholder further agrees that the Bank may cause the ATM to retain the
      card automatically at any time without notice to the client.
70.   The Cardholder shall keep and use his Card himself and shall not transfer
      pledge or otherwise use it as security for any credit transaction.
71.   The Card shall be used only during its validity period and shall not be used
      after its cancellation or withdrawal or upon the cardholder ceasing to be the
      Bank’s customer.
73.   The Cardholder must keep the ATM Card in a secure place at all times and to
      exercise due caution and prevent its loss, theft or misuse. In case of lost ATM
      card a fee shall be charged if the Cardholder requests for a replacement
      card.
74.   The Cardholder shall be charged a fee if he requests for a replacement card
      due to forgotten PIN, damaged card, change of account name, etc.
75.   The Cardholder shall observe all security measures prescribed by the Bank
      relating to his PIN or the Services provided and at no time and under no
      circumstances shall the Cardholder reveal his PIN to anyone including the
      Bank’s staff. If the PIN is exposed or suspected to be exposed to any other
      person, the Cardholder shall immediately inform the Bank of it and shall not
      use his Card until the Bank issues another Card and PIN to him.
76.   At no time and under no circumstances shall the Cardholder use or attempt
      to use the Card for a withdrawal payment or transfer of funds unless there
      are sufficient funds in the Cardholder’s account(s).
78.   subject to the Cardholder’s liability being limited to the maximum amount         85.   If system errors occur and the Cardholder’s account is overdrawn, the
      permitted to be withdrawn per day.                                                      Cardholder shall on demand by the Bank make good any amount overdrawn
                                                                                              plus any interest thereon which shall be calculated based on the Bank’s
79.   The Bank may also be immediately notified through the phone of any                      current account overdraft interest rate.
      misplaced, stolen or destroyed Card. The Cardholder shall also be
      responsible for any transaction or use of the card prior to the Bank’s receipt    86.   The Bank shall not be liable in the absence of willful misconduct or
      of the verbal advice subject to the Cardholder’s liability being limited to the         negligence on the part of the Bank, its servants or agents, for any loss or
      maximum amount permitted to be withdrawn per day. It is understood that                 damage suffered by the Cardholder arising out of the use of the Services or
      the Bank has been verbally advised of such theft, loss or destruction only              arising out of an interruption or loss of power supply to the ATM should the
      from the time that the Bank has verified and suspended the card. The                    ATM breakdown, be damaged or destroyed.
      Cardholder must confirm the verbal advice by filing a Card Update Request
      Form within the next banking day. If the Cardholder fails to file the Card        87.   The Bank may at anytime after giving written notice to the Cardholder,
      Update Request Form on time, any written confirmation of the card                       cancel or decline to renew a Card and the Cardholder may at any time
      suspension from the Bank shall be binding on the Cardholder.                            terminate the use of the Services by giving the Bank written notice of
                                                                                              termination and thereupon shall return the Card to the Bank.
80.   The Cardholder shall undertake to accept full responsibility for all
      transactions made using the Card. He shall also accept the Bank’s record of       88.   Notwithstanding and without prejudice to the generality of the clauses in
      transactions as binding for all purposes and hereby authorize the Bank to               these Terms and Conditions, the Cardholder shall expressly agree that the
      debit the Cardholder’s account with amount of any withdrawal, payment or                use of the Card is at his own risk and shall assume all risks incidental to or
      transfer made by the use of the Card whether with or without the                        arising out of the use of the Card.
      Cardholder’s knowledge or authority.
                                                                                        89.   The terms and conditions governing the account of the Cardholder with the
81.    A deposit of cash with the ATM shall be deemed to have been received by                Bank and which are consistent with these Terms and Conditions shall
      the Bank upon verification by two officers of the Bank of the fact and                  continue to apply.
      amount of such deposit and the entry thereof on the records of the Bank.
                                                                                        90.   The Bank reserves the absolute right to vary, modify or amend these Terms
82.   Checks and other negotiable instruments deposited with the ATM shall be                 and Conditions at any time and prior written notice of the same shall be
      deemed to have been accepted for collection only upon verification by two               given to the Cardholder in the form and manner as determined by the Bank.
      officers of the Bank of such deposit and the entry thereof on the records of
      the bank.                                                                         91.   All communications with the Cardholder sent by ordinary post to or left at
                                                                                              the address last registered with the Bank shall be deemed to have been
83.   The balance in the Cardholder’s account which is reported by the ATM shall              delivered by the Bank.
      not include the Cardholder’s deposit(s) which has/have not been verified by
      the Bank. It will also not account for check(s) which the Cardholder issued       92.   The Cardholder hereby authorizes the Bank and its employees and agent at
      but has/have not yet been processed or cleared by the Bank. The amount                  any time to disclose such information (including, without limitation, details
      reported by the ATM shall not for any purpose whatsoever be taken as                    of the Cardholder’s account(s) with the Bank) about the Cardholder to any
      conclusive of the statement of the Cardholder’s account with the Bank.                  branch of the Bank, the Bank’s head office, any related corporation of the
                                                                                              Bank, any governmental agencies or authorities, any actual or potential
84.   The Bank shall maintain a monthly record of all transactions in respect of the          assignee or transferee or to persons who have entered into or who are
      Cardholder’s account(s) with the Bank, under the ATM service.                           proposing to enter into any contractual agreement with the Bank.
FM 3-004-11(A)