Affidavit of Loss for a Stolen Cellphone in the Philippines: A Comprehensive Guide

In the Philippines, an affidavit of loss is a commonly executed legal document that serves as a written statement under oath, declaring that a particular item or document has been lost. When it comes to a stolen cellphone, an affidavit of loss can be critical for various legal and administrative purposes—such as filing police reports, submitting insurance claims (if applicable), blocking the stolen device with a telecommunications service provider, or obtaining replacement devices and SIM cards. Below is a thorough discussion covering all essential points about executing an affidavit of loss for a stolen cellphone under Philippine law.

1. Definition and Purpose of an Affidavit of Loss

An affidavit of loss is a sworn statement, notarized by a duly commissioned notary public, in which the affiant (the person executing the affidavit) declares specific facts regarding the loss of an item or document. In the context of a stolen cellphone, it includes:

Details of Ownership – Proof that you lawfully owned or possessed the phone.
Circumstances of the Loss – An account of when, where, and how you discovered the phone was missing or stolen.
Description of the Cellphone – The make, model, color, and if possible, the IMEI (International Mobile Equipment Identity) number.
Statement of No Recovery – A declaration that despite efforts, you have not recovered the phone and that you are executing the affidavit to declare its loss formally and truthfully.

Primarily, this document helps establish the factual circumstances surrounding the loss or theft of the cellphone and is used in transactions with government or private entities.

2. Legal Basis and Governing Rules

Rules on Notarial Practice (A.M. No. 02-8-13-SC)
- Affidavits in the Philippines must be subscribed and sworn to before a notary public or other authorized officials.
- The notary public must ensure that the affiant personally appears and presents competent evidence of identity.
Revised Penal Code (RPC)
- While the RPC does not specifically discuss affidavits of loss, it imposes penalties for perjury (Articles 183 and 184). Executing a false affidavit (i.e., making untruthful statements under oath) can lead to criminal liability.
Civil Code of the Philippines
- The Civil Code underpins general principles of law and obligations, including the legal recognition of documents executed under oath.

Though there is no specific statute exclusively governing affidavits of loss for stolen cellphones, the above legal sources establish the procedure, validity, and repercussions for false statements in any affidavit.

3. Why an Affidavit of Loss is Necessary

Police Report: Often, the police may ask for an affidavit of loss in addition to a formal police blotter entry to document the stolen item, especially if you intend to follow through with a criminal complaint or track a stolen device.
Replacement of Device or SIM: Certain mobile service providers, particularly if you have a postpaid subscription, might require an affidavit of loss to issue a replacement SIM or to process phone insurance claims.
Insurance Claims: If your cellphone was covered under a personal insurance policy or if it was a company-issued phone, insurers or employers may require the affidavit as proof of loss or theft.
Avoiding Unauthorized Charges: Having a legal document that declares the phone was stolen may help in disputing unauthorized charges if, for instance, someone else uses the phone for calls or data.
Blocking the Device (IMEI): Your affidavit can help in demonstrating to your provider that you are the rightful owner, allowing them to block the phone’s IMEI to prevent further use by unauthorized persons.

4. Typical Contents of the Affidavit of Loss

When drafting an affidavit of loss for a stolen cellphone, it should typically include:

Affiant’s Personal Information
- Full name, address, age, civil status, and citizenship.
- Valid government-issued ID details (Passport, Driver’s License, etc.) that will be used as evidence of identity before the notary public.
Statement of Ownership
- A clear declaration that the cellphone rightfully belongs to the affiant.
Description of the Cellphone
- Brand, model, color, IMEI number (if available), unique features, or other identifying marks.
Date, Time, and Location of Theft or Loss
- Details of when and where you last possessed the phone.
- Circumstances that led to you discovering the cellphone was stolen or lost (e.g., snatching incident, break-in, or simply missing from a known location).
Efforts Made to Locate the Phone
- Brief mention if any steps were taken to recover the phone, such as calling the number, using a “find my device” app, or reporting to relevant authorities.
Declaration of Truthfulness
- Statement that the affidavit is executed for the purpose of formally declaring the loss of the phone and disclaiming further liability.
- A recognition that making untruthful statements under oath can constitute perjury under Philippine law.
Signature and Notarial Acknowledgment
- The affiant’s signature and the jurat or acknowledgement page, notarized by a duly commissioned notary public.

5. Procedure for Executing an Affidavit of Loss

Prepare a Draft: You can write your own draft using the points mentioned above, or you may seek the help of a lawyer or paralegal. Some notary offices also provide affidavit of loss templates.
Gather Necessary Documents:
- A valid government-issued ID.
- Any proof of ownership for the cellphone, if available (e.g., receipt, purchase contract, or prior service warranty).
Visit a Notary Public:
- Present your draft affidavit and your valid ID.
- Verify the notary fees and sign the affidavit in the presence of the notary public.
- The notary will have you swear/affirm the contents of the affidavit are true.
Notary’s Seal:
- After subscribing and swearing to the statements, the notary public will apply the notarial seal and sign the document, making it an official notarized affidavit.
Obtain Official Copies:
- Keep the original notarized affidavit for personal reference.
- Ask for certified true copies if you anticipate needing multiple submissions to different offices (police station, insurance provider, telecommunication company, etc.).

6. Fees and Costs

Notarial fees vary across law offices or notarial services in the Philippines. Typically, an affidavit of loss can cost anywhere between PHP 100 to PHP 300 (and sometimes more, depending on location and the notary’s rates). Prices in major urban centers (e.g., Metro Manila) can be slightly higher compared to provincial areas.

7. Using the Affidavit of Loss

Once you have the notarized affidavit of loss, you can use it for any of the following purposes:

Filing/Completing a Police Report: Submit it along with a police blotter entry to prove the device is stolen.
Blocking the Phone or SIM: Show it to your telecommunications service provider, request to block the SIM and/or the phone’s IMEI.
Insurance Claims: If you have phone insurance or coverage under a general policy, present the affidavit to support your claim.
Replacement of SIM Card: Some carriers might require an affidavit of loss before issuing a replacement SIM under the same number.

8. Potential Misuse and Legal Consequences

While affidavits of loss are straightforward to execute, it is essential to note that:

Perjury (Art. 183, Revised Penal Code)
- Submitting a false affidavit is a criminal offense punishable by law.
Fraud
- Using a fabricated affidavit of loss to claim insurance proceeds or replacement devices can lead to civil or criminal suits.

Ensuring that all statements are truthful and accurate helps avoid legal complications and upholds the integrity of the affidavit.

9. Practical Tips and Reminders

Record Your IMEI: Before a theft occurs (or upon purchase of a new phone), record the IMEI. This is usually found on the phone’s box or by dialing *#06#. This information makes the affidavit more credible and helps your service provider block the stolen device.
Act Quickly: Once you realize your phone is stolen, promptly execute the affidavit of loss and report the incident to the police. Quick action may prevent unauthorized usage.
Keep Copies: Retain photocopies or digital scans of your notarized affidavit and all related documents (purchase receipts, warranties, etc.) for any future legal or administrative needs.
Coordinate with Authorities: If you suspect your phone is being used for illegal activities, inform the authorities and your phone provider right away. Show your affidavit of loss to avoid potential liability for misuse.
Check Service Provider Requirements: Each telecommunication company in the Philippines may have its own guidelines for IMEI blocking or SIM replacement. Ask for a checklist of required documents to avoid multiple trips.

10. Conclusion

An affidavit of loss for a stolen cellphone is a fundamental legal instrument in the Philippines that documents the circumstances of theft or loss under oath. It is typically required by law enforcement agencies, insurance companies, and telecommunications providers to verify the incident and proceed with necessary actions such as blocking the device, replacing the SIM, or initiating an insurance claim. Executing this affidavit properly—by including relevant details, swearing its truthfulness, and having it duly notarized—is crucial to its validity and effectiveness.

While drafting an affidavit of loss may seem straightforward, it must be approached with honesty and completeness. Any misrepresentation could expose the affiant to perjury charges. Ultimately, the affidavit of loss protects the phone owner’s interests, streamlines the administrative process of reporting a stolen device, and helps prevent unlawful usage of the phone number or the device itself. By following the correct procedure and adhering to the formal requirements, you can ensure your affidavit of loss serves its purpose effectively in the Philippine legal context.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns regarding affidavits of loss or stolen property, it is best to consult a qualified attorney or approach the relevant government agencies and telecommunication providers directly.