BSP Circulars BSP Circular No. 1169BSP Circular No. 1169 2023-03-24T00:00:00.000+08:00

Rules of Procedure for the Consumer Assistance Mechanism, Mediation and Adjudication of Cases in the Bangko Sentral ng Pilipinas

BANGKO SENTRAL NG PILIPINAS OFFICE OF THE COVERNOR CIRCULAR NO. 1169 Series of 2023 Subject: Rules of Procedure for the Gonsumer Assistance Mechanism, Mediation and Adjudication of Cases in the Bangko Sentral ng Pilipinas The Monetary Board, in its Resolution No. 364 dated 16 March 2023, approved the following Rules of Procedure for the Consumer Assistance Mechanism (CAM), Mediation and Adjudication of Cases in the Bangko Sentral ng Pilipinas (BSP) pursuant to Section 6 {E) and (F) of Republic Act No. 11765 or the "Financial Products and Services Consumer Protection Act' (FCPA)- RULE I GENERAL PROVISIONS SECTION l. TITLE. These Rules shall be known as the 'Rules of Procedure for the Consumer Assistance Mechanism, Mediation and Adjudication of Cases in the Bangko Sentral ng Pilipinas." SECTION 2. CONSTRUCTION. These Rules shall be liberally construed to effectively carry out the objectives of the FCPA and for just and speedy determination of complaints. SECTION 3. SUPPLETORYAPPLICATION OF THE RULES OF COURT. These Rules of Procedure shall govern the consumer assistance mechanism as well as mediation and adjudication of financial consumer complaints in the BSP. Unless otherwise stated herein, the provisions of the Rules of Court shall not apply except suppletorily or by analogy as may be determined by the Adjudicator. RULE II DEFINITION OFTERMS SECTION 4. DEFINITION OFTERMS. The terms as defined under the FCPA are hereby adopted. For purposes of these Rules, the following terms are hereby defined as follows: a. Adjudicator refers to a BSP officer duly authorized to hear and decide complaints in accordancewith Section 6 (F)of the FCPAand these Rules. b. Affidavitmeans a written statement or declaration of facts sworn before a notary public. c. Award means monetary restitution or reimbursement, including allowable damages as provided under Section 24 of these Rules, contained in the decision of the Adjudicator pursuant to Section 6 (F) of the FCPA.

d. Bangko Sentral-Superuisd lnstltution or BSI refiers to a person, natural or juridical, that provides ftnancial products or services under the jurlsdlction of the BSP, pursuant to existing laws, rules and regulatlons. e. Complainanf refers to a financial consumer as defined under the FCPA, whether a natural orjuridical person, who inltlated a complaint against a BSl, relative to a financial transaction with a BSI in relation to lts financlal products and services. Consumer ComplalnE Resolution Office (CCRO) is the BSP office mandated to conduct medlation and adjudication proceedings. 9. Consumer Protection and Market Conduct Office (CPMCO)ls the BSP office mandated to implement the Consumer Asslstance Mechanism (CAM) under the FCPA and these Rules. h. Dayshall be understood as talendar" day. i. Formal Complaintlsa verified pleading flled fior the purpose of adJudlcation containing the Complalnant's cause or causes of action that accrued after the effectivity of the FCPA. Mediatoris a BSP officer duly authorized to conduct mediation proceedings in accordance with the FCPA and these Flules. k. Record means an Information written on a tanglble medium or stored in an electronic or other slmllar medlum that ls in retrievable fiorm. Flepre*ntativeis a person, who need not be a lawyer, duly authorized in writing by a party to act for and on hls behalf, with full authority to decide on any matter such as to enter Into a compromise or settlement agreement. lf a party ls a juridicalentity, a board or partnership resolution, together with a Secreta4y's Certificate, or its equivalent fior a fioreignJuridical entity as the case may be, Indicatlng the fioregolng authorltles, shall be required. m. Pespondenf is the BSI against whom relief is sought excluding the BSI'S directors, trustees, offlcers and employees. Sherlff refers to the BSP or court personnel tasked to serve processes and wrlts orlglnatlng from the CCRO, execute said processes and writs, and perfiorm such other tasks as may be assigned to him bythe CCRO. Third-party Agent or Flepresentative is a qualified service provider duly authorlzed and/or contracted by the BSI to perform designated activities on its behalf, in accordance with exlstlng BSP regulations. p. Vldeoconferenclng/Online Vidp Conference refers to proceedlngs, including the taking of testlmony, conducted through the use of any tool, device, system, application or technology that has sufficient interactive audlo-video capabilities which allows all the parties physically located in dlffierent locatlons to simultaneously see, hear and communlcate with, and present and conflrm competent evldence of ldentlty to each other ln real tlme. These facifitfes include Webex. Zoom, Google Meet, Microsoft Teams and other similar web conferencing platforms. Page 2 of2O

RULE III CONSUMER ASSISTANCE MECHANISM SECTION 5. CAM. The BSI's Flnancial Consumer Protection Assistance Mechanism (FCPAM) ls a first-level recourse mechanism for financial consumers who are dissatlsfled with a financial product or service. Complainants are required to report their concern to the BSI involved through such BSI's FCPAM. The BSP-CAM ls a second-level recourse mechanlsm fior financial consumers who have reported their concerns to the BSI involved, through such BSI's FCPAM, and are not satisfied wlth how the BSI handled their concerns on the latter's conduct, products and seruices, or whose concerns were not acted upon bythe BSI's FCPAM within a reasonable perlod. The BSP-CAM is primarily facllitatlve in nature and is aimed at clariffing financial consumer issues by allowing the partles to communicate with each other through the BSP" The BSP-CAM is a condition precedent to both mediation and adjudicatlon. The Complainant has the option to proceed either to mediation or adjudlcatlon after resort to BSP-CAM and, subject to compliance wlth the requirements of these Rules. SECTION 6. SCOPE. Rule lll shall apply to concerns relating to the financlal products and servlces of BSls and/or vlolatlons of the provlslons of the FCPA. Rule lll shall not apply to the following cases: a. Cases with prayer or application fur provisional remedies under the Flules of Court; b. Cases involving administrative and crimlnalsanctlons under relevant laws, such as Republlc Act No. 7653 as amended by Republic Act No. ll2ll or "The New Central Bank Act", Republic Act No. 8791 or The General Banklng Law of 2OOO', Republic Act No. 8367 or "The Revised Non-Stock Savings and Loan Association Act of 1997', Republic Act No. lll27 or The National Payment Systems Act', Republic Act No. 7353 as amended by Republlc AcL No. 10574 or The Rural Bank Act ot 1992", Republlc Act No. 7906 or "The Thrift Banks Act of 1995', Presidential Decree No.Il4 or the The Pawnshop Regulation Act'. Republic Act No.lO87O or "The Philippine Credit Card Industry Regulation LaW', and relevant laws and issuances of BSP; c. Dlsputes over BSI pollcles and procedures whlch are not covered by banklng or related laws, or BSP rules and regulations, such as, but not llmited to, administrative policles or Iabor/employment issues, a nd I ntra -corporate d isputes; d. Cases that are pending with, or already declded by, any court or quasi-judicial body; e. Matters involving institutions not under the jurisdiction of the BSP, such as, but not limited to, lendlng Investors, flnance companles, Insurance companles, cooperatlves or microfi nance non-government organizations; f. Cases where the claims involved are against several respondents some of whom ls/are non- BSI unless the Complainant !imlts the respondenVs only to the concerned BSI; g. Cases involvlng dlsqualiffcatlon or administrative cases agalnst directors, trustees, officers, employees or third-parlry agents of the BSl, as covered by relevant laws and BSP regulatlons; Page 3 of2O

h. Clalms against closed banks, whlch are under the jurisdiction of the Philippine Deposit Insurance Corporatlon (PDIC) or the approprlate llquidation court; i. Claims against closed BSls which are no longer under the jurisdiction of the BSP; j. Concerns on products or services offered by the BSP; k. Claims against BSls filed by their third-party service providers, outsourclng counterparties, sales agents, and other partles not otherwise considered as financial consumers; l. Cases Involving request for productlon of documents and/or BSI records involving internal pollcles such as flnanclal statements or hlrlng pollcles; m. Complalnts agalnst BSI directors, trustees, officers, and employees In thelr personal capaclties; n. Cases covered by the rules/adjudlcatory power of another ffnancial regulator, or such other complaints, claims, and concerns that fiall under the authority of other government offices or agencles but do not fall under BSP jurisdictlon as provided In the FCPA; and o. Cases where the resolutlon of BSPwlll depend on the prlor resolution of issues by the courts or other government offlces/agencles. In any of the foregolng cases, BSP shall dismiss the complalnt wlthout prejudlce to reflllng by the Complainant with the approprlate court or government agency, as appllcable. SECTION 7. PROCEDURE. Complalnts ffled wlth the BSP must contaln lnformatlon and supporting documents showing that the Complainant has previously availed the BSI's FCPAM. Upon determlnatlon by CPMCO that the Complalnant has not yet avalled of the BSI's FCPAM, CPMCO shall advlse the Complalnant to first comply with Rule lll, Section 5 of these Rules. lf the Complainant is dlssatlsfied wlth the actions of the BSI on the concern, the Complainant may then resubmit the concern to the BSP-CAM. SECTION 8. PARTIES lN INTEREST. Every action filed with the BSP must be made in the name of the real party-in-interest, who may be a naturalor juridlcal person. "Fleal partlr-in-lnterest" is the party named In the records of the BSI as the actual or prospective depositor, purchaser, lessee, reclpient of a financial transaction with a BSh or the account owner, credit card holder, borrower, lessee, mortgagor. as the case may be, in an existing or prospective ftnancial transaction with a BSl. A party may be represented in the BSP-CAM provided he submits a wrltten and slgned authorizatlon giving the representative authorlty to appear and act on his behalf during the proceedings, with full power and authority to bind the party on any matter, including the settlement of the case, as well as to sign and file any document requlred by these Rules. lf the parly ls a Jurldlcal entlty, a board or partnershlp resolutlon, wlth the correspondlng Secretary/s Certificate, or its equivalent for a foreign juridical entity as the case may be, indlcatlng the fioregoing authorities shall be required. Page 4 of2o

SECTION 9. BSP.CAM PROCESS a. Flllng Flnancial consumers may avail of the BSP-CAM by submitting their complaint in the required format to the CPMCO either personally or through the BSP Onllne Buddy (BOB) Chatbot, postal mail, courier, electronic mall or through other electronic means. Financlal consumers may also file their complaints with the nearest BSP Regional Offices or Branches, whlch shall assist them in flllng their complaints through the BSP-CAM. The BSP may provide the necessary assistance to Complainants partlcularly those who are not able to reduce their complaints into written fiormat. fior them to be able to flle their complalnt in the prescribed format. b. Acknowledgment and Directive toAnswer The BSP shall acknowledge receipt of complalnts from financial consumers or referred to it. The acknowledgment may include a request for addltlonal details or relevant documents and records to support the claim, as may be deemed necessary by CPMCO to evaluate the complaint. The BSI shall provide its Answer directly to the Complalnantwithin fifteen 05)days from receipt of the directive issued by the CPMCO. The BSI shall simultaneously furnlsh the CPMCO a copy of the Answer addressing the concerns of the Complalnant within the sald period. c. Replyand Rejolnder Within thirty (3O) days from the date of receipt of the BSI's Answer, the Complainant may file a Reply with the CPMCO. Upon receipt of the Reply, CPMCO shall dlrect the BSI to provide lts Rejoinder to the Complainant withln ten (lO) days from recelpt of the CPMCO's directlve. The BSI shall simultaneously turnlsh CPMCO with a copy of lts ReJoinder. The Complalnant may flle a second Reply wlthln ten (lO) days from the date of recelpt of the BSI's Rejolnder to the flrst Reply. d. Escalation to Medlation and/or Adjudicatlon Without prejudice to applicable provisions of these Rules, CPMCO shall offer the conduct of mediation to Complainant and request the Complainant's consent to the same. The Complalnant has flve (5) days within which to give consent. Should the Complainant consent to the conduct of medlatlon. CPMCO shall refer the matter to CCRO. In the absence of a response from the Complalnant within said period, the BSP-CAM shall be terminated. For money claims, CPMCO shall include in its final communication to the Complainant the requirements and appllcable Rules for Adjudication. SECTION lO. WTHDRAWATOFTHE COMPIAINT. CPMCO shall terminate the BSP-CAM upon recelpt of the notlce of voluntarywlthdrawal of the complalnt from the Complalnant or hls duly authorized representative. In which case, CPMCO shall furnish a copy of the Complalnant's notice of withdrawal to the BSI concerned. Page 5 of2O

SECTION ll. TERMINATION OF THE BSP-CAM. The BSP-CAM is deemed terminated under the fol lowing clrcu mstances: a. lf no further communication from the Complainant was recelved by CPMCO wlthin thirty (3O) days from the date of the BSI's last response; b. BSI's fallure to provide its: (i)Answer to the Complalnantwithin fifteen 05)days from receipt of CPMCO's directive, or (ii) Rejoinder to the Complainant's Reply within ten 0O) days from receipt of CPMCO's directlve; c. By the voluntary agreement of the Complainant and BSI to proceed directly to mediation or if the Complainant fails to respond to CPMCO's offer of mediation wlthln the five (S)-day period underSectlon 9 (d); and d. lf after hn/o (2) Replies, the Complainant remains dlssatisfied with the BSI's response or actlon to such Replles and Complalnant requests, in writlng, for medlatlon and/or adJudlcation. RULE IV MEDIATION Section 12. MEDIATION. Mediation is an Intervention by which the BSP, through its duly authorized mediation offfcers, facilitates communication and negotiatlon between the parties, and asslsts them in reaching a mutually acceptable settlement. lt is voluntary in nature and a strlctly conffdentlal process. By voluntarily participating in the mediation proceedings, the parties have the intention of discusslng their difftrences using a collaboratlve method and agree In good faith to fully cooperate in a falr, slncere and meaningful settlement discussions. SECTION 13. SCOPE. Rule lV shall apply to concerns relating to the financlal products and services of BSls and/or violations of the provlslons of the FCPA Rule lV shall not apply to the followlng cases: a. Cases wlth prayer or application for provisional remedies under the Rules of Court; b. Cases Involvlng admlnlstratlve and crlmlnalsanctlons under relevant laws, such as Republlc Act No. 7653 as amended by Republic Act No. ll2ll or "The New Central Bank Act", Republlc Act No. 8791 or The General Banking Law of 2OOO', Republic Act No. 8367 or "The Revised Non-Stock Savings and Loan Association Act of 1997', Republic Act No. lll27 or "The National Payment Systems Act', Republic Act No. 7353 as amended by Republic Act No.lO574 or The Rural Bank Act of 1992', Republlc Act No. 79OG or "The Thrift Banks Act of 1995', Presldential Decree No.ll4 or the "The Pawnshop Regulation Act', Republic Act No.lO87O or "The Phlllpplne Credlt Card Industry Regulatlon LaW', and relevant laws and lssuances of BSP; c. Dlsputes over BSI pollcles and procedures which are not covered by banking or related laws, or BSP rules and regulations, such as, but not limited to, administratlve policies or labor/employment issues, a nd I ntra -corporate d isputes; d. Cases that are pendlng wlth, or already declded by, any court or quasl-Judlclal body; Page 6 of20

e. Matters Involvlng Institutions not under the jurisdiction of the BSP, such as, but not limited to, lendlng investors, finance companies, insurance companies, cooperatives or mlcrofl nance non-government organlzatlons; f. Cases where the clalms involved are agalnst several respondents some of whom is/are non- BSI unless the Complainant limits the respondent/s only to the concerned BSI; g. Cases involving disqualification or admlnistratlve cases against directors, trustees, officers, employees or third-parly agents of the BSl, as covered by relevant laws and BSP regulatlons; h. Claims against closed banks, which are under the jurisdictlon of the Philipplne Deposit Insurance Corporation (PDIC) or the appropriate liquidation court; i. Claims against closed BSls which are no longer under the jurisdiction of the BSP; j. Concerns on products or seruices offiered by the BSP; k Claims against BSls filed by thelr thlrd-party servlce providers, outsourcing counterparties, sales agents, and other parties not otherwlse consldered as flnancial consumers; l. Cases involving request for production of documents and/or BSI records involving internal policles such as financial statements or hiring policies; m. Complaints against BSI directors, trustees, offfcers, and employees in their personal capacltles; n. Cases covered by the rules/adjudicatory power of another financial regulator, or such other complalnts, clalms, and concerns that fall under the authorlty of other government offlces or agencles but do not fall under BSP jurisdiction as provided in the FCPA; and o. Cases where the resolution of BSP will depend on the prior resolutlon of lssues by the courts or other government offlces/agencies. In any of the foregoing cases, BSP shall dlsmlss the complalnt without prejudice to refillng by the Complalnant wlth the approprlate court or government agency, as appllcable. Sectlon 14. CONFIDENTI,ALITY RULE. All information obtained during the mediation proceedings shall be prlvileged and confidential. As such, the parties, Mediator, non-parly participant, or other BSP employees who participated in the mediation, shall not use any of the information obtalned during the medlation nor shall share or disclose the same with any person. For this purpose, no minutes or records of the proceedings shall be made or maintained at any time, nor shall the sessions be recorded elther ln audlo or vldeo brm. Sectlon 15. INITIATION OF MEDI,ATION PROCEEDING. Mediation may be commenced upon referral by the CPMCO of the financial consumer complalnt to the CCRO in accordance wlth Rule lll, Section 9 (d). Mediation may also be initiated by the parties upon termination of the BSP-CAM ln accordance with Rule lll, Section Il, by submission to the CPMCO of a written request to undergo mediation slgned by both parties. PageT ot2O

SECTION 16. PARTIES lN INTEREST. Every actlon filed with the BSP must be made in the name of the real parly-in-interest, who may be a natural orJuridlcal person. "Real party-in-interest" is the party named In the records of the BSI as the actual or prospectlve deposltor, purchaser, lessee, recipient of a financial transaction wlth a BSI; or the account owner, credlt card holder, borrower, lessee, mortgagor, as the case may be. in an existing or prospective financlal transaction wlth a BSl. A party may be represented in the medlation proceedlngs provided he submlts a Special Power of Attorney authorizlng the representatlve to appear and act on his behalf during the proceedings, with full power and authority to bind the party on any matter, Including the settlement of the case, as well as to slgn any document required by these Rules. lf the party is a juridical entlty, a board or partnershlp resolution, wlth the corresponding Secreta4y's Certificate, or its equivalent for a foreign jurldical entity as the case may be, indlcating the foregolng authorities shall be required. Sectlon 17. SCHEDULE OF MEDI,ATION. The Mediator shall issue a Notice of Mediatlon wlthln ten (lO) days from receipt by the CCRO of the referral of CPMCO. lt shall indlcate the date and tlme of the mediation conference, the platfiorm to be used, and the submission of other requirements such as, but not llmlted to, duly accomplished Agreement to Medlate, ldentification documents, and Special Power of Attorney. The date of the inltlal mediatlon conference shall be set wlthln ten (]o) days from the explry of the period to lssue a Notice of Mediation, unless the Mediator deems that there is justifiable reason to set it at a later date. SECTION lE. NOTICE OF MEDIATION. The Notice of Medlatlon shall be served by personal service, courler or registered mall at the Complainant's address on record and BSI's prlnclpal place of business or lts branch or offtce where the transaction Involved took place, or through electronic mail at parties'email addresses on record. SECTION 19. PROCEEDINGS. The mediation proceedings shall be conducted virtually or through onllne video conferenclng. Parties who opt for In-person or face-to-fiace mediation, may send a written request to the Mediator statlng the reasons for such request. The Medlator maygrantthe request upon good causeshown. The medlation proceedings may be held at BSP Head Offfce or in any of the BSP Regional Offices or BSP Branches, as may be determlned by the Mediator. The onllne vldeo conference shall only use the BSP-prescrlbed platform. The partles shall be notlfled through electronlc mall of the tlme and date, and the llnk or Informatlon on how to join the onllne video conference. The parties shall be properly ldentlffed and vlsible durlng the onli ne video conference. SECTION 20. MEDIATION PERloD. The mediation perlod shall be fior a perlod of thirty (5O) days, which period shall be reckoned from the date of the initial mediation conference. For meritorious reasons and as agreed upon by the parties, a longer period may be allowed. SECTION 21. EFFECTOF FAILUREOFTHE PARTIESTOAPPEAR. The failure of anyof the parties to appear in two (2) consecutive scheduled mediation sessions despite due notice and without any valid reason, shall be a ground for the termination of the mediatlon proceedings. The Mediator shall issue the correspondlng Notice of Termination of Mediation. Page 8 of20

SECTION 22. TERMINATION OF MEDhNON. a. Successful Medlatlon. lf the medlatlon ls successful, the partles, personally or through thelr duly authorized representatlves, shall execute a Settlement Agreement signed by them or their representatives following the prescribed BSP form (Annex A). The Settlement Agreement shall be attested by the Medlator. Thereafter, the Mediator shall lssue a Notice of Termination of Mediatlon. b. Failure of Medlatlon. lf the parties are unable to settle their dlspute, the Mediator shall declare a failure of mediation and terminate the proceedings by issuing a Notice of Terml nation of Med iation. SECTION 23. EFFECT OF SETTLEMENT AGREEMENT. The Settlement Agreement signed by the parties and attested by the Medlator shall be final and executory unless an action for nulliffcation of the settlement has been ffled before the proper court. RULEV ADJUDICATION SECTION 24. SCOPE AND JURISDICTION. Rule V shall govern the procedure in actlons filed before the CCRO for financial consumer complaints arising from, or in connection with, financial transactlons that are purely clvll in nature, and the claim or relief prayed for is solely for payment or reimbursement of a sum of money not exceeding Ten Million Pesos (PhpIO.OOO,OOO.OO) in total exclusive of legal Interest, attorneys Ees and costs of sult, in accordance with Section 6 (F) of the FCPA. Except as to the amount of actual claim, legal interest, attorney's fues and costs of suit, no other fiorm of damages shall be recoverable. Complaints where the claim or relief prayed for exceeds Ten Million Pesos (PhplO,OOO,OOO.OO) in total exclusive of legal interest, attorneys fiees and costs of suit shall be dismlssed unless the Complainant waives the principal claim exceeding Ten Milllon Pesos (PhplO,OOO,OOO.OO). Complaints where BSI dlrectors, trustees, officers, and employees are impleaded as party respondents shall be dismissed as far as the BSI directors, trustees, officers, and employees are concerned. In such cases, CCRO shall proceed to adjudlcate the complalnt agalnst the Respondent BSl. Rule V shall not apply to the fiollowing c€ts€S: a. Cases wlth prayer or application for provisional remedles under the Rules of Court; b. Cases involving administrative and crimlnalsanctlons under relevant laws,such as Republic Act No. 7655 as amended by Republlc Act No. ll2Il or The New Central Bank Act', Republlc Act No. 879'l or The General Banking Law of 2OOO', Republlc Act No. 8367 or "The Flevised Non-Stock Savings and Loan Association Act of 1997", Republic Act No.ll'127 or The National Payment Systems Act', Republic Act No. 7353 as amended by Republlc Act. No.lO574 or "The Rural Bank Act of 1992, Republic Act No. 7906 or "The Thrift Banks Act of 1995", Presldential Decree No.ll4 or the The Pawnshop Regulation Act", Republic Act No.lO87O or The Phillppine Credit Card Industry Regulatlon LaW', and relevant laws and issuances of BSP: Page 9 of20

Disputes over BSI policies and procedures which are not covered by banklng or related laws, or BSP rules and regulations, such as, but not llmlted to, administrative pollcles or labor/employment lssues, a nd ntra -corporate d lsputes; I d. Cases that are pending with, or already decided by, any court or quasi-judlcial body; Matters Involvlng institutions not under theJurlsdlctlon of the BSP, such as, but not limlted to. lending investors, finance companies. insurance companies, cooperatives or microff nance non-government organlzatlons; Cases where the claims involved are against several respondents some of whom is/are non- BSI unless the Complalnant limlts the respondent/s only to the concerned BSI; 9. Cases involvlng dlsqualification or administratlve cases agalnst directors, trustees, officers, employees or thlrd-party agents of the BSl, as covered by relevant laws and BSP regulatlons; h. Claims against closed banks, which are under the jurisdiction of the Philippine Deposlt Insurance Corporation (PDIC) or the appropriate liquidation court: t. Clalms agalnst closed BSls whlch are no longer under theJurlsdlctlon of the BSP; j. Concerns on products or services oftsred by the BSP; k. Clalms agalnst BSls flled by thelr thlrd-party servlce provlders, outsourclng counterpartles, sales agents. and other parties not otherwise consldered as flnanclal consumers; Cases involving request for productlon of documents and/or BSI records Involvlng internal policies such as financial statements or hlring policies; m. Complaints against BSI dlrectors, trustees, officers, and employees in their personal capacities; Cases covered by the rules/adjudicatory power of another financial regulator, or such other complaints, claims, and concerns that fall under the authority of other government offlces or agencles but do not fall under BSP jurlsdlctlon as provlded In the FCPA o. Cases where the resolution of BSP will depend on the prior resolution of issues by the courts or other government offices/agencies; p. Cases Involving questions on the financial product or service where the relief sought is to avoid or prevent payment of a sum of money to the BSI relativeto the said financial product or service; q. Cases In which the relief sought ls other than payment or reimbursement such as, but not limlted to, prayer for the equltable reductlon of Interests and penalties unless the BSP prescribes a speclfic regulation on the matter. prayer fior nulllflcatlon of foreclosure or other actlons by a BSl, investment products, bancassurance, or management contracts, or any issue involving the valldlty of or seeking the nullification of any financlal product or service of the BSl, or plain action for damages; r. Cou ntercla i ms, cross-c lai ms a nd t hird (fourth, etc. )-pa rty com plai nts; PagelO of20

s. Complaints on general pricing, product features, credit or underwrlting decisions, or applications to restructure or reschedule a loan or financing pertaining to commercial loan transactlons, unless the BSP prescrlbes a speclffc regulatlon on the matter; and t. Cases where the subject matter of which is incapable of pecuniary estimation. In any of the foregolng cases, BSP shall dismiss the Formal Complaint without prejudice to refiling by the Complalnant with the appropriate court or government agency, as applicable. SECTION 25. CONCURRENT JURISDICTION. In cases falling under the concurrent jurisdiction of the BSP, Cooperatlve Development Authority (CDA), lnsurance Commission (lC), andlor Securities and Exchange Commisslon (SEC), as provided under the FCPA, BSP shall dismlss the complalnt if CDA, lC, or SEC has already acqulred or assumed jurisdlction over the subJect matter of the Formal Complaint. lf in BSP's determinatlon the financial product or service whlch is subject of the Formal Complaint is primarily or substantlally regulated by another financial regulator, the BSP shall dlsmiss the Formal Complaint and refer the same to the financial regulator havingJurisdiction over the financial product or seruice. SECTION 26. NATURE OF PROCEEDINGS. The proceedings before the BSP shall be summary and non-lltlglous in nature. The technical rules of procedure obtalnlng In the courts of law shall not apply. The Adjudicator may avail all reasonable means to ascertain the facts of the controversy. In the exerclse of adjudicatory powers, the Adjudlcator shall have the power to lssue subpoena duces tecum and summon witnesses to appear ln the proceedings and when appropriate, order the examlnation, search, seizure and production of all documents, books of accounts, and records, whether physlcal or digital, of any entity or person under investlgation as may be necessary for the proper disposltlon of cases. SECTION 27. PROCEEDINCS. The adjudication proceedings shall be conducted primarily in person or face-to-face. However, for instances when vlrtual or onllne hearing is approprlate, the Adjudlcator may conduct virtual or onllne hearings. Likewise, parties who opt for vlrtual or online proceedings may send a written request to the Adjudicator stating the reasons for such request. The Adjudicator may grant the request upon good cause shown. The adJudicatlon proceedings may be held at BSP Head Offlce or In any of the BSP Regional Offices or BSP Branches as may be determlned by the Adjudlcator. The online video conference shall use the BSP-prescribed platform. The partles shall be notified through electronic mail of the time and date, and the llnk or infiormation on how to Joln the onllne vldeo conference. The partles shall be properly identified and visible during the online vldeo conference. SECTION 28. PARTIES lN INTEREST. Every action filed with the BSP must be made in the name of the real parly-ln-lnterest, who may be a natural or jurldlcal person. "Real party-ln-lnterest" ls the parly named in the records of the BSI as the actual or prospective depositor, purchaser, lessee, reclplent of a financial transaction with a BSI; or the account owner, credit card holder, borrower, lessee. mortgagor, as the case may be, in an existing or prospective financial transactlon with a BSl. SECTION 29. REPRESENTATION OF PARTIES lN INTEREST. A party may be represented in the adJudlcatlon proceedlngs provlded he submits a Speclal Power of Attorney authorlzlng the representative to appear and act on his behalf during the proceedlngs, with full power and authority to bind the parlry on any matter, Including the settlement of the case, as well as to sign and file any pleading or document required by these Rules. lf the party is aJuridlcal entity, Page ll of2O

a board or partnership resolutlon, with corresponding Secretary's Certificate or lts equivalent for a foreign juridical entlty as the case may be, indlcatlng the foregoing authorities shall be requlred. SECTION 30. RECORDING OF ADJUDICATION PROCEEDINGS. The CCRO shall have sole authority to record the adJudication proceedings, as well as store and file the documents related thereto. SECTION:n. COMMENCEMENT. The action ls commenced by fillng with the CCRO a Formal Complalnt in the form prescribed by the BSP (Annexes B and B-l), accompanied by a Verification and Certification of Non-Forum Shopping (Annex C), and supporting documents as herein enumerated: 3I.l Essentlal Requircments.All Formal Complaints shall be duly verifled, dated and signed, and shall Incorporate/attach the following: a. Names and addresses of the partles. The complaining party shall be Indlcated as the 'Complainant" and the party complained of, the'Respondent'; b. A statement that the complaint has undergone BSP-CAM and that the BSP-CAM was terminated in accordance with Rule lll, Section ll, together wlth any supportlng document/s thereof c. For cases that have undergone prlor medlatlon, a statement that the case has undergone mediation together wlth any supporting document/s thereoli d. Conclse statement of material f,acts and circumstances constltuting the claim or demand includlng the date, tlme and place of the transactlon of the acVs or omisslon/s com plained of, e. Supporting documents; f. Sworn statements or affidavits of witnesses and/or object and documentary evldence, if any; g. For cases falllng under the concurrent jurlsdlctlon of BSP, CDA, lC and SEC, a sworn undertaklng by the Complalnant that he has not flled and shall not flle any slmllar action or complaint before the other financial regulators Involving the same issues or claims; and h. The relieft prayed for. 31.2. Formal PequlremenB, The Formal Complaint shall be in wrlting and filed in as many coples as there are respondents plus two (2) coples for the CCRO. lt shall be captloned by the name and address of the CCRO, and the names of the parties. tl.t ConEnB of Veriftcation and Ceftiflcatlon of Non-turum Shopplng, Splltting a Slngle Cause of Actlon and Multipllcity of Sults, The verification and certiflcation shall comply with Sections 4 and 5, Rule 7 of the Rules of Court. A false veriffcation and certlfication, which constitutes willful and deliberate forum shopplng, shall be a ground for the dlsmlssal of the complalnt wlth preJudlce. Page 12 of2O

lf the Complainant is a Jurldlcal entity, the representatlve must submlt proof of his authority in the form of a board or partnership resolution, with the correspondlng Secretary's Certlffcate, or lts equlvalent for a forelgn Jurldlcal entlty as the case may be. 31.4 Conslldatlon of Cases. Provlded that the individual claims for every cause of action do not exceed the jurisdlctional amount of Ten Milllon Pesos (PhpIO,OOO,OOO.OO), the consolidation of cases fior purpose ofjolnt hearing may be allowed in the fullowing cases: a. Wheretwo (2)or more claimsfiled by a Complainant are pending adJudication in BSP, and it appears to the Adjudlcator that: l. the parties are the same; 2. the cases involve the same set of facts or questions of law; and 3. the relieft prayed for arise out of the same transaction or series of transactions; b. Where two (2) or more claims filed by different Complainants are pendlng adjudication in BSP, and it appears to the Adjudicator that: l. the Complainants are similarly situated; 2. the cases involve the same set of facts or questions of law; and 3. the relieft prayed fior arise out of the same transaction or series of transactions; The Adjudicator may, upon motion by any party or motu propria order some or all such clalms to be consolidated into one case to be Jointly heard. The consolidation of cases shall be left to the dlscretion of the Adjudicator. lf an Individual claim for any cause of actlon exceeds Ten Million Pesos (Php'IO.OOO.OOO.OO), the BSP shall dlsmiss the case pertaining to such claim without prejudice and the Complalnant shall have the option to: (a) adjust or waive some of the claim, or (b) flle the entire claim with the appropriate court. SECTION 32. GROUNDS FOR THE DISMISSAL OF THE COMPIAINT. The following are the grounds for the dismissal of the Formal Complalnt upon motionor motu proprla a. Lack ofJurlsdlctlon over the subject matter; b. Lack ofcause of action; c. Res Judicata; d. Prescription as provided under Sectlon 14 of the FCPA; e. Forum shopplng; or f. Failure to undergo BSP-CAM. SECTION 33. PROHIBITED PIEADINGSAND MOTIONS. The following pleadings and motions shall not be allowed and shall be expunged ftom the records if filed: a. Motlons to Dlsmlss. except as provlded under Sectlon 32 of thls Rule; b. Motion for Bill of Particulars: Page 15 of2O

c. Motion for Judgment on the Pleadings; d. Motlon for SummaryJudgment or Rellef from Judgment; e. Motion to Declare the Respondent in Defiault; f. Second Motion fior Reconsideration; g. Dilatory Motlon for Postponement; h. Thlrd (fourth, etc.)-Parly Complaint; i. Counter-claim and Cross-claim: j. Motion for Intervention; k. Memorandum; l. Appeal from any interlocutory order; m. Motion to Admit pleadings ftled beyond the reglementary period; or n. Other motions of slmilar nature. SECTION :'4. SPLITTING A SINGLE CAUSE OF ACTION AND MULTIPLICITY OF SUITS. ThE Complalnant may not file more than one complaint for a single cause of action. lf two or more complaints are instltuted on the basis of the same cause of action, the ffling of one, or an adjudicatlon in any one, is a ground for the dlsmissal of the others. SECTION 35. VENUE. The Formal Complaint may be filed, personally, or through registered mail or courier, wlth the CCRO located at the BSP Head Office. SECTION 36. PIOWERS OF THE ADJUDICATOR. The Adjudicator shall exercise all the powers of adjudication provided under the FCPA. SECTION 37. APPEARANCES. ln each case, a lawyer appearlng for a party shall lndlcate the followlng informatlon In pleadlngs and motions filed with CCRO: the lavqyer's Roll Number. PTR and IBP numbers fior the current year, and MCLE compllance. a. Appearances shall be In writing and shall state the complete name, offlce address, electronic mail address and contact details of counsel or authorized representative which shall be made of record. The adverse parly and counsel, or authorized representative shall be properly notlffed thereof. b. ln case of change of address, the counsel or representatlve shall file a notice of such change as soon as practicable, copy furnished the adverse party and counsel or representative, if any. c. Any change or withdrawal of counsel or authorized representative shall be made in accordance wlth the Rules of Court. Page f4 of20

SECTION 38. COMPROMISE AGREEMENT. The parties may enter into a compromlse agreement at any tlme before the case is deemed submltted for decision. To blnd a party, a Speclal Power of Attorney shall be requlred lf sald parly ls represented by an authorlzed representatlve. SECTION 39. EFFECT OF COMPROMISE AGREEMENT. The Compromise Agreement shall be ffnal and executory unless an action for nullification of the compromlse has been flled before the proper court. A compromise based on the terms stated therein shall have the same effiect of a determlnatlon on the merits of the complalnt. SECTION 40.WITHDRAWALOFFORMALCOMPIAINT.A FormalComplaint may be withdrawn by the Complainant, as assisted by counsel, by filing a notice of wlthdrawal at any tlme bebre a decision is rendered. ln which case, the Adjudicator shall issue an order dismlssing the FormalComplaint. Thedismissalshallbewith prejudlce lf the FormalComplalnt lswlthdrawn after the Respondent has filed an Answer. SECTION 41. SUMMONS. lf the Formal Complaint is sufficlent In form and substance, the Adjudicator shall forthwith issue summons directing the Respondent to submit a verified Answer. The summons together with a copy of the Formal Complalnt and its supporting documents shall be served personally, or through registered mall or courler to the president, managing partner, general manager, corporate secretary, treasurer, compliance officer or in-house counsel of the BSI wherever they may be found, or In thelr absence or unavailabillty, on thelr secretarles. Sectlon 42. ANSWER. The Respondent shall serve on the Complainant and file wlth the CCRO a verified Answer wlthln a non-extendible period of thirty (3O) days ftom receipt of summons. The Answer shall be accompanied by certiffed true copies of documents, as well as affidavlts of wltnesses and other evidence in support thereof. Sectlon 43. MODES OF SERVICE. Service of pleadlngs, motions, orders or processes may be made by personal delivery, registered mail, courler, or other modes of seruice as deflned under thls Rule. Personal serulce shall be made by dellverlng to the partles a copy of the pleadlng, motlon, order or process. Service by registered mail or courier shall be made by sending a copy of the pleading, motion, order or process in a sealed envelope, addressed to the parties'residence, office or regular place of business. For processes or pleadings other than the servlce of summons, together with a copy of the complalnt, servlce may also be made by electronic mall or other electronlc form that provldes a record of delivery. Personal service is complete upon actual delivery. Service by registered mail shall be deemed complete upon actual receipt by the partles, or after five (5) days from the date of receipt of the first notlce of the postmaster, whlchever date is earller. Servlce made vla courler is complete upon actual recelpt by the addressee. For other modes of servlce, the date indicated in the electronic record of delivery or the transmission report shall be the effiective date of receipt. Page 15 of20

Section 44. EFFECT OF FAIIURE TO FILE AN ANSWER. Should the Respondent fail to ffle an Answer, the Adjudlcator may proceed to render a declslon based on the allegatlons and evidence of the Complainant. The Adjudicator may also conduct the proceedings ex pane. SECTION 45. PRELIMINARYCONFERENCE. Wlthin fffteen 05) days from receipt of the Answer, the Adjudicator shall issue a notice to the partles or their authorized representatives dlrectlng them to appear in the Preliminary Conference on a specified date and time. The Preliminary Conference shall be called for the purpose of: a. discussing the possibility of an amicable settlement; b. definlng, slmpliffing or clariffing the lssues in the case; c. enterlng Into admissions and stipulatlons of facts and documents; d. confirmation of the pre-marklngs on the evldence of the partles; and e. taking up such other matters which may aid the Adjudlcator In the prompt dispositlon ofthe case. Any evidence not marked during the Prellminary Conference shall no longer be admitted unless the AdJudlcator allows the Inclusion thereof for good cause shown. The Preliminary Conference may be conducted through vldeo conferencing as provided under Section 27. SECTION 46. NON-APPEARANCE OF PARTIES. Failure of the Complainant to appear in the Preliminary Conference without valid ground shall be cause for the dismissal of the Formal Complaint without preJudice. Fallure on the part of the Respondent to appear in the Preliminary Conference wlthout valid ground shall be cause to allow the Complainant to present his case ex parte and the AdJudicator to render judgment on the basis of documents and evidence presented. SECTION 47. PRELIMINARYCONFERENCE BRIEF. The partles shall flle wlth CCRO and turnlsh each other, in such manner as shall ensure their receipt thereof at least flve (5) days before the date of the Prellminary Conference, their respective Preliminary Conference Briefs which shall contain, among others: a. concise statement of the case and the relieB prayed for; b. summary of admltted facts and proposed stlpulation of fiacts; c. statement of factual and legal issues to be resolved; d. documents or other object evidence pre-marked by the parties, statlng the purpose/s thereof. For the Complalnant. marklngs shall be A, B, C, etc. For the Respondent, markings shall be 1,2,3, etc.; e. names of the witnesses, and the Judicial Affidavits of the witnesses; Page 16 of2O

f. statement of partles'willingness to enter Into amlcable settlement; g. brlef statement of polnts of law and cltatlon of authorltles; dhd h. such other matters as may aid in the just and speedy disposltion of the case. All affidavits shall be in the format prescribed under Section 3 and 4 of AM. No.l2-8-8-SC or the Judicial Affidavit Rule. The Adjudlcator shall not admit as evidenceJudicial affidavits that do not confiorm to the prescribed form under the Judicial Affidavlt Rule. Any evidence, whether testimonial or documentary, which are not included in the Prellmlnary Confurence Brlef, are deemed walved, unless the Adjudlcator allows the Incluslon thereof for good cause shown. SECTION 48. FAILURE TO SUBM]T PRELIMINARY CONFERENCE BRIEF. Failure of the Complainant to submlt a Prellminary Conference Brief wlthin the specified period wlthout valid ground shall be cause for the dlsmlssal of the Formal Complaint wlthout preJudice. Failure of the Respondent to submit a Prellmlnary Conference Brief within the speclfied period without vaf fd ground shall be cause to allow the Complainant to present hls case ex pfte and the AdJudlcator to render judgment on the basls of documents and evldence presented. SECTION 49. PRELIMINARY CONFERENCE ORDER. After the Preliminary Conference, the Adjudlcator shall issue an order reciting In detail the matters taken up during the Prellmlnary Confierence, the actions taken on such matters, and the agreements or admlsslons made by the parties as to any of the matters considered. SECTION 5(). FILING OF FOSITION PAPERS. The AdJudlcator shall lssue an order dlrectlng the parties to simultaneously submit their respective position papers, together with the supportlng affidavits and/or documentary evldence attached thereto, on a date set by the Adjudicator within thirty (3O) days from the date of termlnatlon of the Prelimlnary Conference. Aparlywhofallsto flle a position paperwithln thegiven perlod shall be deemed to havewalved the right to file the same. Upon the submission by the partles of thelr position papers or the lapse of the period to submit the same, the case shall be deemed submitted for declslon unless the Adjudicator calls for a Clarificatory Hearlng in accordance with Rule V, Section 51. The discussion in the position paper shall be confined to issues raised in the Formal Complaint and Answer as well as based on the evidence marked during the Prelimlnary Conference. All new issues raised in the position paper, whether factual or legal, which are not connected with, or relevant to, the matteMssues raised in the Formal Complaint and Answer shall not be passed upon in the decision of the Adjudlcator. SECTION 5t. CLARIFICATORY HEARING. At any time before the case is resolved, the Adjudicator may conduct and requlre the parties to appear in a hearlng, which may be done personally or through video conferencing as provided under Section 27, to elicit facts or information for the prompt and just resolution of the case. A par$ may ralse clarlffcatory questlons, but lt shall only be coursed through the Adjudlcator who, for reason of relevancy and materlality to the issue, has the discretion to require an answer or response. Page 17 of2O

The Adjudicator may conduct the proceedings ex-parte in case of non-appearance by either of the parties during the Clarificatory Hearlng. The Clarlftcatory Hearing shall be conducted under the direction and control of the Adjudicator. SECTION 52. DECISION. The Adjudicator shall render a decision within slxty (60) days from the lssuance of the order submitting the case for resolutlon. The perlod of time to resolve the case may be extended, for good cause, upon approval of the CCRO Director. RUIE VI CONTEMPT SECTION 53. DIRECT CONTEMPT. The Adjudicator may summarily adjudge and hold in direct contempt anyone who has committed or ls committlng any act of misbehavior in the Adjudlcator's presence and while the proceedings are ongoing, including showing dlsrespect towards the Adjudicator, offensive acts towards others, or refusal to be sworn in or to answer as a witness or to subscribe to an affidavit when lawfully required to do so. Any person adJudged and held in direct contempt shall be punished by a fine and/or imprlsonment in accordance with the rates and days prescribed under prevailing laws, rules, and jurlsprudence. sEcTloN 54. REMEDY. Should the person held In contempt avail of remedies available to question the contempt order, the execution of the judgment holding such person to be In direct contempt shall be suspended pending resolution thereof, provided such person files a bond, amount of whlch shall be determined by the AdJudicator dependlng on the extent or efbct of the act that was found to be contemptuous. SECTION 55. INDIRECT CONTEMPT. The Adjudicator may also cite any person for lndlrect contempt upon the grounds, and in the manner, provided under Rule 7l of the Revised Rules of Court. RULEVII FINALITY OF THE DECISION OR ORDER SECTION 56. MOTION FOR RECONSIDERATION OF DECISIONS AND ORDERS. A party may move for a reconslderatlon of a declslon or order of the Adjudicator within ten (lO) days from recelpt thereof. A second motlon for reconslderatlon shall not be allowed, and the ffllng thereof shall not toll the runnlng of the perlod to flle the approprlateJudlclal remedy under the law. SECTION 57. GROUNDS. A motion for reconsideration shall be based on any of the following grounds: a. evidence is insufficient to justiff the decislon or final order; or b. declslon or flnal order ls contrary to law. A motion for reconsideration shall polnt out specifically the findings or conclusions of the decision or order which are not supported by the evidence or which are contrary to law making express reference to the testimonial or documentary evldence or to the provisions of law alleged to be contrary to such findings or conclusions. SECTION 58. COMMENT OR OPPOSITION TO THE MOTION FOR RECONSIDERATION. A comment on, or opposition to, the motion may be ffled within ten ('lO) days from receipt thereof. Page 18 of20

SECTION 59. FINALIW OF DECISION OR ORDER. The declsion shall be final and executory after the lapse of ten 0O)days from receipt thereof by the parties unless a motlon for reconsideration ls filed. The declslon or resolution on the motlon for reconslderatlon ls not appealable to the Governor or to the Monetary Board. SECTION 60. ENTRY OF DECISION OR ORDER. After the decislon or order becomes ffnal and executory. the same shall be entered in the book of entries ofJudgments. The date of finality of the declslon or order shall be deemed to be the date of its entry. RULEVIII EXECUTION OF DECISION OR ORDER and ENFORCEMENT OF WRIT OF EXECUTION SECTION 61. EXECUTION OF DECISION OR ORDER. The Adjudicator shall issue a Wrlt of Execution directing the Sheriff to enforce the decision or order. CCRO may secure the assistance of the courts In the enforcement of the Writ of Execution. SECTION52. ISSUANCE,CONTENT9ANDEFFECTIVIWOFTHEWRITOFEXECUTION.TheWTit of Execution shall issue in the name of the Republlc of the Philippines; signed by the Adjudicator, directing the Sheriff to execute the decision or order; and must contain the complete name of the parly, whether natural orJurldical, against whom the Writ of Executlon was lssued, the dispositive portion thereof, the total amount to be collected from the losing parly or any other person required by law to obey the same. The Wrlt of Execution shall be effective for a period of flve (5)years from the date of its issuance. After the lapse of such period, the declslon or order shall become dormant, and an award may only be enforced by filing an independent action before the CCRO wlthln a period of ten (lO) years from the date of its ffnality. SECTION 65. SHERIFF'S RETURN AND REPORT. The Writ of Execution shall be returned by the Sherlff to the Adjudicator immediately after the full satisfaction of the judgment award or within fifteen (15) days from recelpt thereof if not fully satisfied. In case of partlal satlsfactlon or non-satisfaction of the judgment, the Sheriff shall submit a report Informing the Adjudicator on the status of the enforcement thereof, not later than fifteen (15) days from recelpt of such wrlt and every thlrty (3O) days thereafter durlng the llfetlme of the wrlt untll the Judgment ls fulfy satf sfled. The AdJudlcator shall motu proprlolssue an updated wrlt Indlcatlng the amount collected and the remaining balance. SECTION 64. EFFECT OF PETITION FOR CERTIORAR! oN EXECUTION. A petition for certiorari filed with the Court of Appeals shall not stay the execution of the assalled decision or order unless a restraining order or injunction is issued by the Court of Appeals. RULE IX TRANSITORY PROVISION SECTION 65. TRANSITORY PROVISION. These Rules shall apply to all complaints filed after its effectivity provided that the cause or causes of action subject of the complaint accrued after the eftuctivity of the FCPA. Page 19 of20

RUI-E X EFFECTIVIry AND SEPARABILIW CLAUSE SECTION 66. SEPARABIIITY CLAUSE. lf any provision of these Rules of Procedure or any part hereof be declared invalid or unconstitutional, the remainder of these Rules or other provlslons not otherwise affiected shall remain valid and subslsting. SECTION 67. EFFECTIVIW. These Rules shall take effect on I May 2023. FOR THE MONETARY BOARD: ..4 h 1,, ILtt l't-' FELIPE M. MEDALLA Governor &# March}o23 Page2O of20

Anncx A - Scttlement Agrccment BSP-F*ilitated Medlation SETTLEMENT AGREEMENT (BSP-Facil itated Mediation ) KNOW ALL MEN BY THESE PRESENTS: This Agreement, made this _ day of by and between: COM PLAI NANT (please i nsert details) and BSP-Supervised Institution (please insert details) WHEREAS GLAUSES: NOWTHEREFORE, the parties have agreed as follows: - Terms and conditions agreed upon by the parties. - lf the terms and conditions are contained in another document - *Attach the pertinent document and include a provision as follows: The terms and conditions as contained in the attached dated are hereby incorporated and made part of this Settlement Agreement. lN WITNESS WHEREOF, the parties herein have signed this Agreement this day of _,20_ in Complainant BSI Authorized Representative ATTESTED BY: Mediator STATUS OF MEDIATION: Parties agreed to terminate the mediation as successful, per the signed Agreement dated CCRO Form No. OOI'Version O

Anner B - Formel Complrlnt Chccklirt BA,NGKO SENTRAL NG PILIPINAS CONSUMER COMPTAINTS RESOTUTION OFFICE FORMAL COMPLAINT COMPIAINANT Date Tt'pe DDt4l"4,vvYY ot taD !o cnt€t a deie. Full Leaal Name Juan Dela Crit; Ase Click or tap here {c enter text Gender n Female ! Male Address e.q. Buildlne,A. Street,4. Manl/a EmallAddrcss e.a. i u a nde /ar ru z@,va h oo. ca n; Contact Number e.q O90C-3AC-OGAC or 82CO-OCC} Name of Reprcsentative, lf any e,g. Juan Dela Cruz (Attach copyof Special fuwerof Attom q1, o r Boa rd/Pa ttn ers hip Fleso lution a nd Secrcta ry's Certifrcate. whichever is aoolicable ) B. DETAIUSOFTHE RESPONDENT Nameof BSP-Supervlsed T;,,pe naine of BSI here Institution (BSll Address e.d- BLtiidlna A. Street A. Mani/t EmallAddrcss e. q. ; ua n de lac ruz@ Va hoo. co nt Contact Number e.q. 09OA'OOO"OOOO or 82OA-OO0O C. DETAIUSOFTHECOMPLAINT Product or servlce tr Deposit fl Virtual Asset Account (Choose one among the list) fl Forelgn Currency Exchange, tr Loan Payment, or Remlttance tr Credlt Card fl Pawned ltems tr E-MoneyWallet tr Others (Please speciff): E fnvestment Product (e.g. UITF. IMA j-'irr"...:LL:.ii.Sl.c..;*,:,, .:.:a:i,r:!.:: Treaqtnt DrnrJtrfc) Primaryconsumer lssue tr Refund/return of deposit or investment tr lnterest rates, feesorcharges (Choose one among the list) I Non-receipt of fund transfier D Fraud [] Unauthorized online transaction U Others (Please speciff} E Loan restructuring * :]l]5-1.- tlt :-i:elg-i";':.(r:i;. -iiJ. i Channel of transaction D Over-the-counter / Branchz T1,pe b:anch location here (Choose one among the list) tr ATM: Type.ATM location here B Online (Choose below) tr lnstapay D PESONeI tr Others O Agents: (Choose below) D Collectlon Aqent tr Cash Aqent tr Others Amount Involved excluslve of PHP: €nte, an',oant rn Philips:ine Feso here legal interest, attorney's fees arrd eoct3 af cuit Description of comolaint (Continue at another sheet of DaDer if n*essarv) Click or tap here to enter texl, Dateof Terminatlon of BSPGonsumer Type OD:i\4M,,TYYY or tap to enter a Cete. Assistance Mechanlsm (CAM) Ilate of Termination of BSP Mediation Typt DD,'MM TI'YY cr tap ts sn761 a oe:e. (Attach copyof Noticeof Termination of Madiatianl CCRO Form No. OO2'Version O

Annex B-l - Formal Complalnt Republic of the Philippines Bangko Sentral ng Pilipinas Consu mer Compl ai nts Resol ution Office Manila NAME OF COMPLAINANT, Complainant -versus- CCRO Case No. For: NAME OF BANGKO SENTRAT- SUPERVISED INSTITUTION, Respondent COMPLAINT Complainant, through the undersigned counsel unto this Honorable Office, hereby respectfu lly avers: l. This is a complaint filed before the Consumer Complaints Resolution Office fCCRO"), Bangko Sentral ng Pilipinas ("BSP"), pursuant to the provisions of Republic Act No.11765 or the'Financial Products and Seruices Consumer Protection Act" ("FCPA-) and its tmplementing Rules and Regulations. 2. The present complaint has undergone the BSP-Consumer Assistance Mechanism fCAM') and the BSP-CAM was terminated in accordance with Rule lll, Section 'll of the Flules of Procedure for the Consumer Assistance Mechanism, Mediation and Adjudication of Cases in the BSP. A copy of the document evidencing the termination of the BSP-CAM is hereto attached as Annex A. 3. Moreover, the present complaint has undergone BSP Mediation. A copy of the Notice of Termination of Mediation is hereto attached as Annex B. 4. For cases falling under the concurrent jurisdiction of BSP, Cooperative Development Authority, lnsurance Commission, and Securities and Exchange Commission, the sworn undertaking by the Complainant that he/she has not filed and shall not file any similar action or complaint befiore the other financial regulators involving the same issues or claims is hereto attached as Annex C. 5. The details of the Complainant are as follows: Name: Address: EmailAddress: Telephone No.: CCRO Form No. OO3'Version O

Annex B-l - Formal Complaint Mobile No.: Name of Representative/ Counsel. if anv: Special Power of Attorney/ Board or Partnership Resolution and Secretary's Certificate, if any (please attach coovfiesl 6. The details of the Respondent are as follows: Name of BSP-Supervised Institution (BSll Address: EmailAddress: Telephone No.: Mobile No.: Name of Representative/ Counsel, if anv: Special Power of Attorney/ Board or Partnership Resolution and Secretary's Certificate, if any (please attach coov/iesI 7. Concise statement of material facts and circumstances constituting the claim or demand including the date, time, and place of the transaction of the act/s or omission/s complained of. 8. Cite applicable laws. 9. Attach supporting documents. lO. Attach sworn statements or affidavits of witnesses and/or object and documentary evidence. ll. Indicate the relief/s prayed for. PRAYER WHEREFORE, it is respectfully prayed of this Honorable Office that, judgment be rendered in favor of Complainant ORDERING Respondent of Respondent BSI) to pay the amount of (indicate the amou -{name for) Other reliefs, just and equitable under the premises, are likewise prayed for. City for Manila City, CCRO Form No. OO3'Version O

Annex B-l -Formal Complaint Name of Counsel RollNo. IBP No. / Date of lssuance / IBP Chapter PTR No. _lDate of lssuance MCLE Compliance No. / Date of lssuance Office Address Contact Details EmailAddress Attach a copyof theVerification and Certification of Non-Forum Shopping (Referto Annex C of the Flules of Procedure for the Consumer Assistance Mechanism, Mediation and Adjudication of Cases in the BSP) CCRO Form No. OO3'Version O

Annex C - Verification and Certification ofNon-forum Shopping VERIFICATION AND CERTIFICATION OF NON.FORUM SHOPPING of legal age, (name) (citizenship) and a resident of (civil status) (permanent address) after having been duly sworn to in accordance with law, hereby depose and state that: l. I am the Complainant in the present Complaint; 2. I have caused the preparation and filing of the present Complaint and that I have read and understood its contents which are true and correct based on my personal knowledge and/or authentic records; 3. The Complaint is not filed to harass, cause unnecessary delay or needlessly increase the cost of litigation; 4. The factual allegations in the Complaint have evidentiary support or, if specifically so identified, will likewise have evidentiary support after a reasonable opportunity for discovery; 5. I have not commenced any action or proceeding involving the same issues in any court, tribunal, or agency; 6. To the best of my knowledge, no such action or proceeding is pending in any court, tribunal, or agenc!; and 7. lf I should learn thereafter that a similar action or proceeding has been filed or is pending before any court, tribunal or agency, I shall report that fact to the Consumer Complaints Resolution Office, Bangko Sentral ng Pilipinas, within five (5) days therefrom. lN WITNESS WHEREOF, I have hereunto affixed my signature this _ day of _,ZO_at (Affiant) CCRO Form No. OO4'Version O

Anncr C- Vcriftcation and Ccrtlficatlon of Non-forum Shopplng SUBSCRIBED AND S\tltORN to befiore me this day of 20- at _ with the affiant exhibiting to me his/her (proof of identity), issued on _ at _. Page No. _: Doc. No. _; Book No. _; Series of 20 Notary Public CCRO Form No. OO4'Version O

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