Metrobank Terms and ConditionsGoverning Personal Loans
KNOW ALL MEN BY THESE PRESENT:
In consideration of the issuance of personal loan product (Personal Loan) provided by Metropolitan Bank & Trust Company (Metrobank), the Borrower (Borrower) and Metrobank herein bind themselves to faithfully comply with the following terms and conditions governing Personal Loan, to wit:
PAYMENT DUE DATE. Borrower’s Payment Due Date(s) will fall on the Borrower’s Payroll Dates and shall either be on a Monthly or Bi-monthly Payment Arrangement. The Borrower may call the Metrobank Customer Service Hotline at 88-700-700 (Metro Manila) or 1-800-1-888-5775 (Domestic Toll-Free) if the Borrower still has not received Payment Reminder a week before the usual Payment Due Date.
PAYMENT REMINDERS. Metrobank shall furnish the Borrower a Payment Reminder containing the Amount Due and Payment Due Date for the period. The Payment Reminder shall be conclusively presumed to have been received by the Borrower during the applicable month unless the Borrower notifies Metrobank through telephone or in writing of this failure to receive a copy of such within the first twenty (20) days of the succeeding month. The Payment Reminder shall likewise be conclusively presumed to be correct unless the Borrower notifies Metrobank through telephone or in writing of any error within thirty (30) days from receipt of such. The Borrower undertakes to inform Metrobank of the dispute by either calling the Customer Service Hotline at 88-700-700 (Metro Manila) or 1-800-1-888-5775 (Domestic Toll-Free) or by emailing concern through Customer Service Email [email protected] Notwithstanding anything to the contrary, non-receipt or late receipt of the Payment Reminder shall not relieve the Borrower of his/her obligations to pay amounts due to the Personal Loan Account on Payment Due Date. Metrobank shall be notified immediately through the Metrobank Customer Service Hotline at 88-700-700 (Metro Manila) or 1-800-1-888-5775 (Domestic Toll-Free), and in writing of any billing error in the Payment Reminder. The Borrower recognizes and admits the integrity of the Payment Reminder if it is in an electronic form pursuant to the provisions of the Electronic Commerce Act and agrees to pay the amount thereon on Payment Due Date
AMORTIZATION PAYMENT. The Borrower shall be liable to pay the Amount Due on or before the Payment Due Date as shown in the Payment Reminder given to the Borrower. The Borrower shall make all payments called for under this Personal Loan through Automatic Debit in the Borrower’s Metrobank Account. The Payment Due Date may be changed to an earlier date if the Borrower’s account is considered overdue or to such other date as may be deemed proper by Metrobank with notice to the Borrower on the same Payment Reminder. Should the Payment Due Date fall on a Saturday, Sunday or non-working holiday, the payment due date is automatically moved to the prior business day. The Borrower agrees to pay Amount Due notwithstanding the absence or lack of proof of service of the Payment Reminder on the Borrower within thirty (30) calendar days from actual date(s) amortization.
METHOD OF LOAN PAYMENT. The Borrower shall make all payments called for under this Personal Loan through Automatic Debit in the Borrower’s Metrobank Account.
APPLICATION OF PAYMENT. Payments shall be first credited any Late Fees due, then to Interest due, and any remainder will be credited to the Principal.
LATE PAYMENT FEE. There shall also be imposed upon Borrower a Late Payment Fee of Php 850 for any Late Payment computed upon the amount of any principal and accrued interest whose payment to Metrobank is overdue and for which Metrobank has delivered a notice of default to Borrower.
OTHER FEES. The Borrower agrees to pay such other fees that may be imposed by Metrobank at its option. The Borrower agrees that the following amount of listed fees below may be revised from time to time as Metrobank may deem necessary.
DISBURSEMENT FEE. A fee of Php 1,000 will be charged upon loan booking and the fee will be deducted from the Principal.
PRE-TERMINATION FEE. Upon prior notice to Metrobank, the Borrower may pre-terminate the outstanding principal of the Personal Loan, together with the accrued interest thereon from the posting date of the last amortization to the date of the pre-termination and the pre-termination fee amounting to 5% of the unpaid principal or Php550.00, whichever is higher.
The Borrower agrees that any unpaid due in connection to such pre-termination are still subject to late charges and delinquency ageing as long as the Personal Loan remains outstanding.
ACCELERATION. If the borrower is in default under this note and fails to make any payment owed and such default is not cured within 120 calendar days after first notice of such default, then Metrobank may, at its option, declare all outstanding sums owed on this note to be immediately due and payable, in addition to any other rights or remedies that Metrobank may have under this Terms and Conditions or under the law.
DEFAULT. Failure of the borrower to pay the Personal Loan amortization up to the next billing cycle shall constitute “default”. In which case, the Total Amount Due shall become due and demandable without need of notice or demand. For this purpose, the borrower hereby appoints Metrobank as its irrevocable attorney-in-fact with full power of substitution/delegation to sign and endorse any and all documents and perform any and all acts and things required or necessary in the premise.
Above remedies shall also be available to Metrobank in the following events where borrower shall also be considered in default:
Any creditor tries, by legal process, to seize the money or any property of the borrower held by the Metrobank group;
The borrower applies for voluntary or involuntary relief under the insolvency law or other bankruptcy laws; Metrobank believes, on reasonable grounds, that it was induced by fraudulent misrepresentation to grant the credit facility in favour of the borrower;
The Borrower fails to observe any of the terms and conditions of any contract or evidence of indebtedness and/or other related documents which the borrower executed, or were otherwise issued by Metrobank, the Metrobank group, or another financial institution or other lenders, in connection with any credit and loan facilities granted in favour of the borrower; or
The Borrower is charged with, convicted of, or under investigation by competent government authority for violation of any laws or regulations relating to loans, credit cards, access devices, including but not limited to violations of R.A. No. 10175, (Cybercrime Prevention Act of 2012), R.A. No. 10173 (The “Data Privacy Act of 2012”), R.A. 8484 (access devices regulation act of 1998), their implementing rules and regulations and their respective amendments, and other laws or regulations, or Metrobank has prima facie evidence to charge the borrower with violation of any of the provisions of such laws or regulations.
In any event of default, the borrower authorizes Metrobank to report and/or include his name in the negative listings of any government agency, credit bureau or institution or other banks, credit card companies or financial institutions.
As soon as the Personal Loan account becomes past due, the borrower agrees to the assignment or transfer of part or all of the obligations to the successors or assigns of Metrobank without need of prior notice to and consent of the borrower.
ASSIGNMENT AND WAIVER. The Borrower agrees that Metrobank may assign, discount or otherwise transfer part or all of its rights and/or obligations under the Personal Loan, including the assignment of receivables, together with any hold-out agreement and other accessory contracts, to affiliates or other parties without notice to the Borrower. In the event of such assignment, the Borrower hereby irrevocably agrees not to assert against the assignee set-off rights of any obligations, which may be owed by Metrobank to the Borrower.
COUNTERPART SIGNING. The agreement(s) pertaining to the Personal Loan may be entered into by the parties in any number of counterparts. Each counterpart shall, when executed and delivered, be regarded as an original, and all the counterparts shall together constitute one and the same instrument.
ELECTRONIC SIGNATURES. The agreement(s) pertaining to the Personal Loan may be executed electronically or by way of electronic signature and such electronic signatures shall be deemed original signatures, have the same force and effect as wet ink signatures and binding upon the parties. If any of the agreement shall be executed electronically, the best evidence of the said agreement shall be a copy of the same agreement bearing an electronic signature, in portable document format (.pdf) form, or in any other electronic format intended to preserve the original information, graphic and pictorial appearance of a document.
TRANSFER OF INFORMATION AND DATA SHARING. The Borrower hereby consents and authorizes Metrobank to process, transfer, share, disclose and communicate any personal data as defined under the R.A. 10173 (The “Data Privacy Act of 2012”) and its implementing Rules and Regulations, information relating to the Personal Loan accounts, or any of the Borrower’s basic credit data and any and all information concerning himself, his properties or investments with Metrobank, to any of the offices, branches, subsidiaries, affiliates, agents and representatives of Metrobank and third parties selected by any of them, including other financial institutions, collection and verification agencies, entities tasked to provide consumer credit reporting or reference schemes, the appropriate government agencies, including, but not limited to the National Privacy Commission, Credit Information Corporation pursuant to R.A. 9510 (the “Credit Information Act of 2008”) and third parties with whom Metrobank may reasonably share such information, wherever situated, for the following purposes:
(a) in order to commence and facilitate the efficient delivery, administration, operation, and/or implementation of the Personal Loan and services of Metrobank; (b) for the protection of the Borrower or the Metrobank against fraudulent, unauthorized, or illegal transactions; (c) in order for Metrobank to enforce its rights or perform its obligations by reason of any law, contract, or orders from any court or quasi-judicial and administrative offices; (d) in the prosecution or defense of Metrobank or its directors/officers/employees with regards to disputes or claims pertaining to the products and services of Metrobank; and (e) in order for Metrobank, its affiliates and/or subsidiaries within the Metrobank Group to offer or provide other related products and services to the Borrower; (f) cross-referencing, status enquiry, collection of past due payments, cross-selling or the offering of the various products and services of Metrobank and its subsidiaries, affiliates and partners (Metrobank Group), credit opinion and evaluation by and for an entity belonging to the Metrobank Group, or application for insurance/bond products with insurance company within Metrobank Group; (g) in order for Metrobank, its affiliates and/or subsidiaries within the Metrobank Group to perform the required customer due diligence and Money-Laundering and Terrorist Financing risk management; and (h) in order to comply with legal, regulatory or other contractual obligations of Metrobank, with the corresponding duty to keep such information confidential in accordance with its privacy policies.
In addition to the foregoing, Metrobank and any branch, subsidiary, affiliate, agent and representative or third party may transfer and disclose any such information as may be required by law or regulation, including among others R.A. 9510 of the Credit Information Act of 2008 and R.A. 9160, or the Anti-Money Laundering Act, as amended by R.A.9194 and R.A. 10365.
Conformity to these Terms & Conditions: The signing of the Promissory Note and Disclosure Statement shall constitute the Borrower’s written consent for any transfer, data sharing and disclosure of information relating to him and/or his account/s, properties and investments for the purposes indicated above and under applicable laws, rules and regulations, and shall constitute a waiver of claims and exempt Metrobank, any of the offices, branches, subsidiaries, affiliates, agents and representatives, and/or the Metrobank Group from liability under any and all bank deposit secrecy laws, including, but not limited to, R.A. 1405 or The Law on Secrecy of Bank Deposits, R.A. 6426 or The Foreign Currency Deposit Act, R.A. 8791 or The General Banking Law, as well as R.A. 10173 or the Data Privacy Act of 2012, R.A. 9510 the Credit Information Act of 2008 and other confidentiality laws enforced or which may hereinafter be enforced.
PROMOTIONAL OFFERS. On occasion, Metrobank may inform the Borrower about its promotional offers through mail/email/fax/SMS or by telephone. With the Borrower’s consent in the Personal Loan Application, or Promissory Note, or assenting to an audio recording, Metrobank may also allow its branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them to offer specially selected products and services to the Borrower through mail/email/fax SMS or by telephone. Conformity to these Terms & Conditions shall constitute the Borrower’s consent for any processing, transfer, sharing and disclosure of information of the Borrower’s name, address, contact details and other relevant information to Metrobank’s affiliates, agents and representatives and third parties selected by any of them and certain companies for the purposes indicated above and under applicable laws and regulations.
COLLECTION. The Borrower agrees to pay such other fees that may be imposed by Metrobank
ENDORSEMENT TO COLLECTION AGENCIES. The Borrower consents and authorizes Metrobank to process, share or transfer his/her personal data to Metrobank’s agency/agent for collections should the account be referred to an agency/agent for collections activity.
COLLECTION FEE. In case it is necessary to collect the total obligations through an attorney-at-law or collection agency, the Borrower shall pay a portion of the amount due as attorney’s or collection fees, in addition to cost and other litigation expenses.
BORROWER INSTRUCTIONS. The Borrower authorizes Metrobank to rely upon and act in accordance with any notice, instruction or other communication, which may, from time to time, be given by telephone, mobile phone, SMS, telex, facsimile, e-mail or other electronic means, which Metrobank believes, to have been made by the Borrower. The same instruction may be made on behalf of the Borrower through a Special Power of Attorney executed for this purpose. Metrobank, however, reserves the right to require the instructions to be contained or sent in a particular form or to have the instructions confirmed before it may decide thereon. Metrobank shall be entitled to treat the instructions as fully authorized by and binding upon the Borrower and to take such steps in connection with or on reliance upon the instructions as Metrobank may consider appropriate.
UPDATING OF INFORMATION. The Borrower undertakes to notify Metrobank, through the Metrobank Customer Service Hotline at 88-700-700 (Metro Manila) or 1-800-1-888-5775 (Domestic Toll-Free) or by writing Metrobank, of any additional means of communicating to him aside from what is disclosed in the Personal Loan application, as well as any change in the Borrower’s address, home, office or billing address, e-mail and telephone number. The Borrower is responsible for notifying Metrobank of any change in other information, such as civil status, citizenship, employment details and income and agrees to provide Metrobank documents that may be required to enable Metrobank to comply with any law or regulation or any government requirement. Metrobank shall not be responsible for the non-receipt of any notification, statement of account, promo-related SMS, One Time Password (OTP) as a result of the failure of the Borrower to timely update their information.
TELEPHONE COMMUNICATIONS. The Borrower agrees, consents and authorizes Metrobank or any of its telesales, telemarketing or customers service agents, and outsourced agencies to record and store all the Borrower’s telephone, mobile phone or any other similar communications, generated or received during the Borrower’s call or accepted calls from Metrobank. The Borrower, likewise, agrees that such taped or recorded communications may be used by Metrobank or any third party, for any purpose, particularly as evidence in any proceeding, judicial or administrative.
SHORT MESSAGE SERVICE (SMS) COMMUNICATIONS. The Borrower hereby agrees that Metrobank may send or communicate through text messages or through the Borrower’s SMS-enabled cellular phone for specific and timely prompts, reminders and notices from time to time concerning account information, internet security, and other matters relating to the Personal Loan. The Borrower hereby acknowledges and accepts that each SMS may be sent to the Borrower without being encrypted and may include the Borrower’s name and information pertaining to the Borrower’s Personal Loan account. It is the Borrower’s responsibility to ensure the security of his mobile phone and the Borrower hereby holds Metrobank free and harmless against any and all liability, administrative, civil, or criminal, including but not limited to R.A. 10173 (The "Data Privacy Act of 2012") or those relating to any secrecy laws or regulations, should any SMS be viewed or accessed by any persons other than the Borrower. The Borrower agrees that Metrobank does not guarantee the timely delivery or accuracy of any SMS, which are purely for convenience, information and notification purposes only. The Borrower shall be fully responsible to monitor the due performance and compliance of his obligations.
ELECTRONIC NOTIFICATION. Notifications sent by Metrobank to the Borrower through mobile phones, facsimile, e-mail or other electronic means (except SMS/text messaging, which has been covered by preceding clause) using the number and address of record shall be deemed to have been sent to the Borrower himself. As such, the Borrower hereby declares, Metrobank free and harmless from any liability if the information contained in the electronic notification is, by any means, accessed by any person other than the Borrower.
REVISION OF TERMS AND CONDITIONS. Upon written notice (e.g. letter, publication, or otherwise) to the Borrower, via Payment Reminders or separate correspondence, Metrobank may, at any time and for whatever reason it may deem proper, amend, revise or modify the terms and conditions hereof and such amendments shall bind the Borrower unless he/they objects thereto by manifesting his intention to terminate this Agreement subject to the conditions set forth in Clause No. (Pre-termination). Any amendment, revision, or changes in the terms and conditions made, as provided above shall likewise be binding on the co-obligor (if any), who hereby irrevocably and unconditionally waives his right to consent thereon or notification thereof.
METROBANK’S LIABILITY FOR DAMAGES In any action arising from this Agreement or incidental thereto, which the Borrower or any party on his behalf may file against Metrobank, Metrobank’s liability shall not exceed the amount of One Thousand Pesos (P1,000.00) or the actual damages proven, whichever is lower. The Borrower shall hold Metrobank harmless from suit and free from damages for any loss, damage or injury that the former may incur or sustain by reason of processing, transfer, or sharing of his/her personal data under R.A. 10173, or arising from any service or facility provided or rendered by a third party engaged by Metrobank to provide such feature or render such service or facility.
FILING A COMPLAINT. When filing a complaint, the Borrower may:
1. Call Metrobank’s Customer Service Hotline at 88-700-700 Domestic Toll-Free Hotline 1-800-1888-5775 (using a PLDT line), or International Toll-Free Hotline at (+your country and area codes) 800 8700 0707. The Borrower shall provide his/her personal loan number, updated contact information, and relevant details of his/her complaint; or
2. Send Metrobank an email at [email protected] for products and service concerns. For Collections related concerns, the Borrower should send an email at [email protected] and give his/her full name, contact information, and relevant details of the complaint. For the security and protection of his/her account, only the last ten digits of the Borrower’s Personal Loan account number shall be required.
The Borrower may likewise refer his/her concern or comments to Bangko Sentral ng Pilipinas' Financial Consumer Protection Department at 708-7087 or send an email to [email protected]
VENUE OF ACTIONS. Venue of all suits directly or indirectly arising from this instrument or from the relationship between Metrobank and the Borrower shall be limited to the proper Courts of Makati City.
WAIVER OF BREACH OF CONTRACT. No waiver of a breach or violation of any term or condition hereof shall constitute a waiver of any subsequent breach or violation of the same or any other term or condition. Failure to take advantage of or to exercise any right granted hereunder shall not constitute a waiver of said right, nor shall it be construed to excuse or absolve the Borrower from complying with or fulfilling the same.
SEPARABILITY CLAUSE. Should any of the terms and conditions or any part or clause of this instrument be declared void or unenforceable by competent authority, the same shall not invalidate the other terms and conditions, parts or clauses of this instrument.
REGULATORY LIMITATIONS. The Borrower agrees not to use the proceeds of the Personal Loan for the purchase of items/goods the importation into the Philippines of which is subject to the provisions of BSP Circular No. 1389, as amended, and all other circulars, laws, rules and regulations pertaining to importation. Likewise, the Borrower agrees and warrants that the proceeds of the Personal Loan shall not be used for foreign investments or the payment of foreign loans or in violation of any existing foreign exchange rules and regulations.
DISCLOSURE. By signing on the Promissory Note or through audio recording, the Borrower consents and authorizes Metrobank, its authorized representative (s) or agents to:
a. transfer, process, disclose, share, receive and exchange personal data as defined under the Implementing Rules and Regulations of R.A. 10173 (The “Data Privacy Act of 2012”), credit data and any and all information concerning the Borrower with other financial institutions, entities tasked to provide consumer credit reporting or reference schemes, including but not limited to The National Privacy Commission, Credit Information Corporation pursuant to R.A. 9510, etc. and third parties with whom Metrobank may reasonably share such information;
b. acquire any information from Metrobank and PSBank to facilitate the approval of his personal loan application,
c. to verify and investigate the aforesaid facts from whatever source(s) it deems appropriate in the event of default arising from non-payment of his personal loan obligations with Metrobank, the Borrower authorizes Metrobank. The Borrower shall hold Metrobank free and harmless from any liability that may arise from such disclosure.
b. increase or decrease the maximum loanable amount; and/or
c. introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the Personal Loan account, whether specifically relating to the Borrower or generally to all or specific Borrowers.
If Metrobank detects any unusual or suspicious activity on the Personal Loan account, Metrobank may require the Borrower to contact Metrobank.
ACCEPTANCE. All the terms and conditions herein stated, including the Terms and Conditions in the Promissory Note and any amendments thereto, have been read and fully understood by the Borrower as evidenced by the Borrower’s signature on the Promissory Note and/or assenting to an audio recording. Borrower shall be responsible in informing the co-obligor (if any) of these Terms and Conditions.
Updated as of May 2021