Below is a comprehensive discussion of everything you need to know about an Affidavit of Loss in the Philippines—covering what it is, how it is used, its requirements, and related costs. Please note that this information is for general reference only and does not substitute legal advice from a qualified attorney. For specific concerns, always consult a legal professional.

1. What Is an Affidavit of Loss?

An Affidavit of Loss is a sworn statement executed by a person who has lost, misplaced, or been deprived of possession of a document, identification card, passbook, certificate, or any valuable item. It is a formal declaration that:

The affiant (the person making the affidavit) owned or had possession of the lost item or document.
The circumstances surrounding how it was lost, stolen, or destroyed.
Efforts made to find or retrieve it (if any).
A statement that the affiant is executing the affidavit to attest to the truth of the loss and for whatever legal purpose it may serve.

Common Uses

Replacing lost IDs (e.g., driver’s license, passport, PRC ID).
Replacing lost certificates (e.g., birth certificate, marriage certificate, stock certificates).
Replacing lost passbooks or ATM cards.
Replacing business documents (e.g., business permits, registration documents).
Insurance claims or contract reissuance.

2. Legal Basis

While there is no single statute specifically covering Affidavits of Loss, it is governed by general rules on affidavits found in the Rules of Court and the Civil Code of the Philippines. Notarized affidavits are recognized as evidence under Philippine law, provided they comply with the formalities required by the Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended).

Key points include:

Form: Must be in writing and sworn to before a notary public.
Content: Must clearly detail the circumstances of the loss.
Notarization: Required to ensure authenticity and legal effect.

3. Requirements for Preparing an Affidavit of Loss

Although templates for affidavits can be found online or provided by notaries, you must ensure the affidavit contains the following:

Title/Heading: “Affidavit of Loss.”
Affiant’s Personal Information:
- Full legal name
- Age
- Civil status
- Citizenship
- Residence address
Statement of Competency: A line indicating that the affiant is of legal age, sound mind, and competent to make the declaration.
Details of the Lost Item or Document:
- Description of the lost item (e.g., “My driver’s license with license number ABC1234”).
- When and where it was lost, if known.
- Explanation of how the loss happened (stolen, misplaced, destroyed, etc.).
Efforts Taken to Find It (if any): Describe attempts made, such as reporting the incident to the police, contacting relevant agencies, etc.
Purpose: State why the affidavit is being executed (e.g., for replacement of the lost document, to inform relevant agencies of the loss).
Attestation/Verification: A statement indicating that everything stated is true to the best of the affiant’s knowledge under penalty of law.
Date and Place of Execution: When and where the affidavit is being signed.
Signature: The affiant’s signature, plus the signature of witnesses (if required).
Notary Public Details:
- Venue (place where notarization takes place)
- Notarial seal
- Details of the notary’s commission

Sample Statement

“I, [Full Name], of legal age, single/married, Filipino, and with residence at [Address], after having been duly sworn to in accordance with law, depose and state that I was the owner of [Item/Document] which was lost under the following circumstances...”

4. Notarization Requirements

In the Philippines, an Affidavit of Loss must typically be notarized to have official legal effect. The notary public will require:

Personal Appearance: You must appear before the notary.
Valid Identification: Present at least one valid government-issued ID.
Draft of the Affidavit of Loss: Either you bring a prepared draft or have one typed out at the notary’s office.
Notarial Fee: Varies depending on the notary and the location.

5. Common Fees and Costs

The costs associated with securing an Affidavit of Loss in the Philippines typically include:

Notarial Fee:
- Typical rates can range from ₱100 to ₱500 or more, depending on the complexity of the affidavit and your location.
- In some cities or high-end commercial areas, notaries may charge higher fees.
Documentary Stamp Tax:
- Often around ₱30 or more per document, depending on current regulations and the notary’s practice.
- Not all notarial transactions strictly require documentary stamps for affidavits, but some notaries may include it in the overall fee.
Additional Costs:
- Typing or Encoding Fees (if you do not bring your own prepared document): Some notarial offices charge minimal fees for drafting or typing the document for you.
- Certification Fees (if you request certified copies): If you want certified copies of the notarized affidavit, this may incur additional fees.
Replacement or Reissuance Fees:
- After securing a notarized Affidavit of Loss, you will typically submit this to the agency or institution that issued the lost document (e.g., LTO for a driver’s license).
- Each agency has its own fees for reissuance or replacement of lost documents (e.g., replacement fees at LTO, Passport replacement fees at the Department of Foreign Affairs, etc.).

6. Practical Tips

Use a Template or Draft: Having a well-prepared affidavit draft before going to the notary can save time and expense.
Be Detailed and Accurate: The more detailed your explanation of how you lost the item, the clearer its authenticity will appear to the agency where you file the affidavit.
Report Stolen Items: If the item was stolen, secure a Police Report before getting your affidavit notarized. This can strengthen the affidavit’s credibility.
Keep Multiple Copies: After notarization, produce several photocopies. Some agencies require an original or a certified true copy.
Check Agency Guidelines: Government offices or private companies may have specific requirements or forms. Verify ahead of time if they require additional documents.

7. Filing and Usage

After notarizing your Affidavit of Loss, you usually must:

Submit it to the relevant office or agency (e.g., bank, government office) to support your request for a replacement document or item.
Follow any specific guidelines: Some offices might ask for a police report, a photocopy of the lost item (if previously photocopied), or additional forms.
Pay the required replacement fees to the issuing agency.

Example: If you lost your Land Transportation Office (LTO) driver’s license:

Get your notarized Affidavit of Loss.
Report it to the LTO, along with other required documents (e.g., police report if stolen).
Pay LTO’s replacement fee, complete any written or medical examinations if required, and have your photo/signature captured.

8. Frequently Asked Questions

1. How long is an Affidavit of Loss valid?
There is no strict “expiration” date, but agencies may prefer a recent affidavit (executed within a few months). If much time has elapsed, you may be asked to execute a new one.

2. Do I really need a notarized affidavit?
Yes. In most cases, government agencies, banks, and private companies in the Philippines require notarized affidavits for official documentation. A non-notarized statement carries less weight as evidence.

3. Can I write my own affidavit without a lawyer?
Yes. You can write your own affidavit, but it must be sworn to before a notary public. If the situation is complex or involves significant legal implications, consulting a lawyer is recommended.

4. Can a representative file for me?
For notarization, the affiant must personally appear before the notary public. However, after it is notarized, a representative can typically submit the affidavit and other requirements to the issuing agency on your behalf, provided they have an authorization letter or a Special Power of Attorney.

5. What if I suddenly find the lost item after the affidavit is notarized?
Inform the relevant agency or institution. If a replacement was issued based on your affidavit, you are generally expected to return or surrender the original item upon discovery (if the agency requests it), to avoid duplication or misuse.

9. Summary

An Affidavit of Loss in the Philippines is a straightforward but important legal document used to officially declare the loss of an item or document. Proper execution requires:

Clear and Accurate Details of how the item was lost.
Notarization before a duly commissioned notary public.
Appropriate Fees for notarization and potential replacement costs at the relevant agency.

You will need this affidavit when seeking to replace important documents such as IDs, licenses, bank passbooks, and certificates. Preparation and submission guidelines vary per institution, but all typically require the affidavit be properly notarized and accompanied by any pertinent reports (like a police report for stolen items).

Always remember that notarized affidavits hold legal weight—misrepresentations or false statements can lead to penalties under Philippine law. If in doubt regarding the contents or process, consult with a legal professional to ensure compliance and accuracy.