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

Losing a Philippine passport can be both stressful and inconvenient, especially when you need to travel or conduct transactions requiring valid government identification. One important step in the process of reporting and replacing a lost passport is the execution of an Affidavit of Loss. Below is an extensive discussion of all key considerations, from legal foundations to practical steps.

1. What Is an Affidavit of Loss?

An Affidavit of Loss is a notarized legal document where the affiant (the person who lost the item) declares under oath the circumstances surrounding the loss of a specific item—in this case, a Philippine passport. By executing an Affidavit of Loss, the affiant effectively places on record a sworn statement of the time, place, and manner in which the passport was lost, as well as efforts made to locate or recover it.

Key Elements of an Affidavit of Loss

Title: Clearly labeled “Affidavit of Loss.”
Affiant’s Personal Information: Full name, address, citizenship, and other basic identifying details.
Passport Details: If possible, the lost passport’s number, date of issue, place of issue, and expiry date.
Circumstances of Loss: A clear statement of how, where, and when the passport was lost, stolen, or misplaced.
Efforts to Locate: Any steps taken to recover or find the lost passport (e.g., reporting to authorities or inquiring at lost-and-found offices).
Statement of Good Faith: A declaration that the affiant is executing the affidavit for the purpose of reporting the loss and/or applying for a replacement without any intent to defraud or mislead.
Signature and Jurat: The affiant signs the document before a notary public, who then affixes a jurat (a notarial certificate) attesting that the affidavit was sworn to voluntarily.

2. Why Is It Necessary?

Legal Documentation: The Philippine Department of Foreign Affairs (DFA) generally requires an Affidavit of Loss when processing an application for a replacement passport. This affidavit serves as a formal, sworn record explaining the absence of your previous passport.
Protection Against Fraud: It helps ensure that a new passport is not issued improperly. The affidavit discourages misuse of a lost or stolen passport.
Record Keeping: For government offices and notarial registries, the affidavit provides written proof of the circumstances behind the passport’s disappearance, potentially useful in cases of identity theft or unauthorized use.

3. Legal Basis

In the Philippines, the concept of an “Affidavit of Loss” is governed by general notarial and documentary practices rather than by a single, specific statute. Key legal references include:

Civil Code of the Philippines: Affidavits are recognized as sworn statements under Philippine law.
Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended): These rules outline the requirements and duties of notaries public in administering and certifying affidavits.
Department of Foreign Affairs Regulations: While not a single statute, the DFA issues guidelines and memoranda requiring an Affidavit of Loss for lost or stolen passports as part of the passport replacement procedure.

4. Procedure for Executing an Affidavit of Loss

Step 1: Prepare the Affidavit’s Content

Include your personal details (name, address, and civil status).
Describe the lost passport (passport number if available, issuing office, issue date, etc.).
Detail the manner, date, and place of loss.
Mention any efforts made to recover the passport.

Step 2: Have It Typed or Written Legibly

Although there’s no strict rule against handwriting, affidavits are generally typewritten for clarity.
Make sure the document is free from errors and ambiguities.

Step 3: Bring Valid Identification

When you visit the notary, you must show a valid government-issued ID (e.g., driver’s license, UMID, postal ID, PRC license) to prove your identity.

Step 4: Notarization

Present your Affidavit of Loss to a commissioned notary public.
Sign the affidavit in the presence of the notary (do not sign beforehand).
Pay the notarial fee. Fees may vary depending on location and the notary’s standard rate.

5. Requirements for Replacing a Lost Passport

After securing a notarized Affidavit of Loss, you may proceed with the application for a replacement passport at the Department of Foreign Affairs. The general requirements include:

Confirmed Online Appointment: Passport applications (including replacements) typically require an online appointment scheduled through the DFA’s official appointment system.
Accomplished Passport Application Form: Fill out the necessary details accurately.
Original Affidavit of Loss: Notarized, clearly stating circumstances of the lost passport.
Police Report (sometimes required if the passport was stolen; not strictly mandatory in all instances, but recommended if theft was involved).
Original and Photocopies of Valid IDs: Government-issued IDs such as driver’s license, UMID, PhilHealth card, PRC ID, or others recognized by the DFA.
Supporting Documents for Proof of Identity: NSO/PSA birth certificate, marriage certificate (if applicable and if there have been changes in civil status), etc.
Payment of Applicable Fees: Replacement passport fees can differ slightly from regular renewals. The DFA may impose penalties or additional fees, particularly if the passport is lost prior to its expiry or if it was still valid for a substantial period.

Note: The DFA’s guidelines are subject to change, so it is wise to check the latest requirements through official DFA channels or their helpline before proceeding.

6. Potential Penalties and Waiting Period

Additional Penalty Fee: For passports lost while still valid, an additional penalty fee is typically charged. This varies based on how many times the passport has been reported lost or how recently it was issued.
Longer Processing Times: A lost passport replacement generally takes longer to process than a standard renewal, as the DFA may need to conduct additional verification or clearance processes.
Blacklisting of the Lost Passport: Once a passport is reported lost, its number is flagged in the system to prevent it from being used fraudulently.

7. Common Issues or Challenges

Incomplete Documents: Some applicants forget that a properly notarized Affidavit of Loss is mandatory and arrive at the DFA appointment lacking this key requirement.
Unclear or Vague Narratives: If the Affidavit of Loss does not clearly explain the circumstances of the loss, the DFA might require further explanation or documentation.
Multiple Losses: If you have lost a passport more than once, expect stricter scrutiny and higher penalty fees.
Delays in Processing: During peak travel seasons, appointments and passport processing times tend to be longer.

8. Sample Template of an Affidavit of Loss

AFFIDAVIT OF LOSS

I, [Your Full Name], of legal age, Filipino, single/married, and residing at [Your Address], after having been duly sworn to in accordance with law, depose and state:

That I was the holder of a Philippine Passport with Passport Number [XXXXXX], issued on [Date of Issue] at [Place of Issue];

That on or about [Date of Loss], I discovered that said passport was missing/lost while I was at [Place where it was lost or discovered missing];

That I have exerted diligent efforts to locate the said passport by [State attempts to locate, e.g., searching personal belongings, contacting lost-and-found offices, or filing a police report if stolen];

That despite my efforts, I have been unable to find the said passport, and I believe it is now truly lost;

That I am executing this Affidavit to attest to the truth of the foregoing circumstances and to support my application for a replacement passport with the Department of Foreign Affairs.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ________ 20__ at [Place of Execution].

Affiant (Signature over Printed Name)

SUBSCRIBED AND SWORN to before me this __ day of ________ 20__ at [City/Municipality], affiant exhibiting to me his/her valid ID (specify ID details).

Notary Public
Commission No. ____
Until _______
PTR No. ______
IBP No. ______

(This template is for reference only. Always consult a notary public for the correct format and notarial requirements.)

9. Practical Tips and Reminders

Double-Check All Passport Information: If you have a photocopy of the lost passport, verify that all details (name, passport number, issuance date) are correct in the affidavit.
Report Suspected Theft Immediately: If you suspect the passport was stolen, file a police report right away for your security and to aid in preventing identity theft.
Keep Additional Copies: Make photocopies (or scanned copies) of the notarized Affidavit of Loss. You might need to submit or show them to various agencies.
Track Your New Passport Application: Keep your appointment reference number and official receipts. Check the DFA’s official website or hotline for updates on processing times.
Be Aware of Future Travel Plans: Plan your travel or visa applications with the longer processing time in mind.

10. Conclusion

An Affidavit of Loss for a Philippine passport is a critical legal document that affirms the circumstances of a missing passport. It is a standard requirement by the Department of Foreign Affairs for the issuance of a replacement passport. Ensuring you follow the correct procedures—drafting the affidavit accurately, having it notarized, and submitting all required documents—can make a stressful situation more manageable. Always stay updated on the latest DFA rules and processes, and when in doubt, seek professional legal advice or official guidance from the DFA.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns, consult with a qualified lawyer or directly contact the Department of Foreign Affairs to confirm the latest policies and requirements.