Affidavit of Loss for Warranty Claims on Consumer Products

Affidavit of Loss for Warranty Claims on Consumer Products in the Philippines: A Comprehensive Guide

In the Philippines, consumers typically claim warranty repairs or replacements by presenting proof of purchase or warranty cards. However, situations arise where essential proof-of-purchase documents (such as receipts or warranty certificates) get lost, misplaced, or destroyed. In these cases, some retailers or manufacturers will require an Affidavit of Loss to process warranty claims. This article explores the nature, purpose, legal requirements, and practical considerations surrounding Affidavits of Loss for consumer product warranty claims in the Philippines.

1. What is an Affidavit of Loss?

An Affidavit of Loss is a sworn statement executed under oath by a person who has lost or misplaced a document, item, or property. It is a formal declaration detailing the circumstances of the loss, attesting that despite diligent search, the document or item can no longer be found.

Key elements typically included in an Affidavit of Loss are:

  1. Personal information of the affiant – Full name, address, and other identifying details.
  2. Description of the lost document/item – Nature, identifying marks, date of acquisition, or any reference number (e.g., receipt number, warranty card ID).
  3. Circumstances of loss – How the affiant discovered the loss, last known location, and efforts made to recover it.
  4. Purpose – Statement on why the affidavit is being executed (e.g., to facilitate warranty claims, replacement of documents, or provide proof of the lost item’s unavailability).
  5. Sworn statement – Declaration under oath that the contents are true and correct to the best of the affiant’s knowledge.

Once executed, the Affidavit of Loss must be notarized to ensure its authenticity and legal validity.

2. Why is an Affidavit of Loss Needed for Warranty Claims?

Under the Consumer Act of the Philippines (Republic Act No. 7394), sellers or manufacturers are expected to honor warranty claims if the consumer can prove purchase and that the item is still within the warranty period. Often, receipts, official invoices, or warranty cards serve as the standard proof.

When these documents are lost, stolen, or destroyed, businesses have the right to require a formal declaration that the consumer no longer possesses them. An Affidavit of Loss provides:

  • Formal notification that the original proof-of-purchase document truly cannot be produced.
  • Written evidence (under oath) that the consumer is not fraudulently claiming coverage.
  • Protection for the company against unauthorized or fraudulent warranty claims.

3. Legal Framework Governing Affidavits of Loss in the Philippines

While there is no single, specific statute exclusively governing Affidavits of Loss, several laws and rules come into play:

  1. Rules on Notarial Practice (A.M. No. 02-8-13-SC) – This sets forth guidelines for notarization, requiring the notary public to verify the identity of the affiant and ensure the affiant understands the contents of the affidavit.
  2. Revised Rules of Court (particularly on evidence) – An affidavit, though generally considered hearsay if submitted in court, can be accepted if it meets certain criteria. More importantly, it serves as a sworn statement that the affiant will stand by in any legal or quasi-legal proceeding.
  3. Consumer Act of the Philippines (R.A. 7394) – Provides the general framework for consumer protection, including warranty provisions. It does not explicitly mention affidavits of loss but grants the Department of Trade and Industry (DTI) the authority to promulgate rules ensuring the fair handling of warranty claims.

No law specifically states that a company must accept an Affidavit of Loss in lieu of a receipt; however, many businesses do accept it as a valid supporting document if done in good faith and properly notarized.

4. Requirements and Process for Executing an Affidavit of Loss

When preparing an Affidavit of Loss, certain best practices and legal requirements should be observed to ensure validity and acceptance by the company or brand involved in the warranty claim:

  1. Draft the affidavit thoroughly

    • Include the complete name, age, civil status, and address of the affiant.
    • Provide a detailed account of what was lost (e.g., “Original Official Receipt No. 12345 for a [Brand/Model] purchased on [Date of Purchase]”) and any reference numbers or identifying details.
    • Narrate the circumstances of how and when the document was lost or misplaced, and what attempts were made to locate it.
    • State the purpose of executing the affidavit (i.e., to support a warranty claim).

  2. Appear before a notary public

    • The affiant must personally appear with a valid government-issued ID (or other accepted identification) to prove identity.
    • The notary public will confirm the affiant’s understanding of the document before administering an oath.

  3. Signatures and notarization

    • The affiant signs the affidavit in the presence of the notary public.
    • The notary public then affixes the notarial seal, signature, and details (commission number, expiry) on the affidavit.

  4. Stamp tax and record

    • Notarized documents often require a notarial fee, which covers notarization and documentary stamp tax (if applicable).

  5. Keep a copy

    • Always retain a stamped, notarized copy of the Affidavit of Loss for personal records.

5. Using the Affidavit of Loss to Claim Warranty

Once the Affidavit of Loss is duly notarized, it can be submitted to the retailer, service center, or manufacturer to support the warranty claim. However, be mindful of the following points:

  1. Company policy varies

    • Some companies explicitly accept Affidavits of Loss in lieu of receipts. Others may have additional requirements, such as bank statements, credit card records, or store membership history as proof of purchase.
    • Check the terms and conditions of your product’s warranty and the company’s return/exchange policies.

  2. Validity period of warranty

    • Ensure that the product is still within the warranty period. An affidavit will not extend or revive an expired warranty.
    • If the company disputes the purchase date, you may need secondary evidence (e.g., a store’s loyalty program record, email order confirmation, or credible witness statement).

  3. DTI involvement

    • If a company unreasonably refuses to honor a valid warranty claim even after an Affidavit of Loss is provided, you may file a complaint with the Department of Trade and Industry (DTI) or appropriate agencies.
    • The DTI can mediate or direct the company to comply with the Consumer Act’s provisions.

  4. Potential for follow-up or investigation

    • The company may choose to verify the affidavit. They might contact the purchaser for further inquiries or request additional supporting documents.

6. Limitations and Practical Considerations

  1. Not a guarantee of acceptance

    • An Affidavit of Loss is not an automatic guarantee that a warranty claim will be honored. It is ultimately up to the company’s policies and their assessment of the facts.

  2. Risk of perjury

    • Since an Affidavit of Loss is a sworn statement, any false declaration may expose the affiant to perjury charges under Philippine law (Article 183 of the Revised Penal Code). Always ensure the contents are truthful and accurate.

  3. Must be executed voluntarily

    • Affidavits must be made voluntarily and without any coercion. Forced or fraudulent statements undermine its legal force.

  4. Applicability to intangible or e-receipts

    • As more retailers adopt electronic or email receipts, an Affidavit of Loss may not always be needed if a digital copy or e-receipt can be retrieved. Always check your email or online store account before concluding that all proof is lost.

  5. Costs and convenience

    • Executing an Affidavit of Loss typically involves notarial fees. For some, it might be more practical to re-print a receipt (if the store or credit card company has a record), rather than go through the affidavit process. Always weigh your options based on the company’s warranty requirements.

7. Sample Outline of an Affidavit of Loss

Below is a sample outline showing how an Affidavit of Loss for a warranty claim might look. (Note: This is not a ready-to-use template; always consult a lawyer or a notary for a properly drafted affidavit.)

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ____  ) S.S.

                        AFFIDAVIT OF LOSS

I, [Full Name of Affiant], of legal age, Filipino, single/married, and a resident of [Address], after being duly sworn in accordance with law, depose and say:

1.   That I am the rightful owner/purchaser of a [Product Name/Model] with Serial No. [XXXX], purchased on [Date of Purchase] at [Name of Store/Location];
2.   That I was issued an Official Receipt No. [XXXX] and/or Warranty Card No. [XXXX], which I have unfortunately lost;
3.   That the circumstances of said loss are as follows: [Explain when you last saw the document, how you believe it was lost, and what efforts you made to find it];
4.   That despite diligent efforts to locate the said receipt/warranty card, I have been unable to recover it;
5.   That I am executing this affidavit to attest to the truth of the foregoing facts and to request the retailer/manufacturer to honor the warranty claim without the original proof of purchase, or to issue a replacement receipt/warranty documentation;
6.   That this affidavit is executed for the purpose of informing the concerned parties and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Day] of [Month], [Year], at [City/Municipality], Philippines.

_______________________
[Affiant’s Name and Signature]

SUBSCRIBED AND SWORN to before me this [Date], at [City], Philippines, affiant exhibiting to me his/her [Type of ID and Number] valid until [Validity Date].

_______________________
Notary Public

Doc. No. ____;
Page No. ____;
Book No. ____;
Series of ____.

8. Final Thoughts

An Affidavit of Loss serves as a key substitute when the usual proof of purchase or warranty documentation is unavailable. In the Philippine context, it is widely recognized by businesses and government agencies alike, particularly if executed and notarized correctly.

However, consumers should remember:

  • It does not guarantee acceptance of a claim but strongly supports good-faith transactions.
  • Additional evidence might still be required by some companies.
  • Avoid making false statements, as you risk legal consequences.
  • If you encounter refusal from a seller or service center and you believe you are entitled to a warranty under the Consumer Act, you may lodge a complaint with the DTI or seek legal counsel for further action.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns, always seek professional legal assistance from a licensed attorney in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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