Below is a comprehensive discussion regarding the Affidavit of Loss in the Philippine context, specifically focusing on when and how it is submitted or used for matters involving the National Bureau of Investigation (NBI). This guide provides general information only and is not a substitute for professional legal advice. If you require specific guidance, you should consult a qualified attorney or contact the relevant government agencies directly.

1. Overview of an Affidavit of Loss

An Affidavit of Loss is a sworn statement executed by a person under oath, declaring the loss of a particular item or document. Under Philippine law, it serves as a formal declaration and explanation of the circumstances surrounding the loss, effectively protecting the affiant from potential misuse of the lost item/document and paving the way for its replacement.

Key Features of an Affidavit of Loss

Sworn Statement: Must be signed before a notary public, who will administer an oath and affix his or her seal.
Detailed Circumstances: Should describe how the loss occurred (e.g., theft, misplacement, accidental damage, etc.).
Efforts to Recover: Commonly includes an acknowledgment that due diligence was made to find or retrieve the lost item.
Purpose: Often required by government agencies, banks, universities, or insurance companies before a replacement ID or document can be issued or certain processes can be continued.

2. When Is It Required by the NBI?

The National Bureau of Investigation (NBI) may require an Affidavit of Loss in situations such as:

Replacing a Lost NBI Clearance
- If you have misplaced, stolen, or inadvertently destroyed your existing NBI clearance and need a replacement.
- Although the NBI typically issues a new clearance after standard verification, some local NBI offices or related institutions (e.g., a new employer requiring original NBI clearance as proof) may ask for an Affidavit of Loss before accepting your replacement application.
Lost Documents Related to an Ongoing Investigation
- If an NBI agent or investigator requests proof of how a document (e.g., official ID needed in an investigation) was lost, they may require you to submit an Affidavit of Loss for record-keeping and verification.
Supporting Documents for Other Purposes
- If you lost key documents that the NBI needs, such as personal IDs, certifications, or receipts that are part of a case file or investigation, you might be asked to produce an Affidavit of Loss as supplemental proof.

Important: Requirements vary depending on the local NBI office and the nature of the request. Always verify with the nearest NBI office or the relevant entity requiring the document.

3. Legal Basis and Governing Rules

There is no single comprehensive statute that solely regulates the Affidavit of Loss. Instead, its use is recognized under general laws on contracts, evidence, and notarized documents. Key provisions include:

Rules on Evidence (Rules of Court): A notarized affidavit is considered a public document, carrying more weight in legal processes.
Notarial Law (Republic Act No. 8792 and related regulations): Imposes requirements on how affidavits and other documents must be notarized by a duly commissioned notary public.

These rules ensure that an Affidavit of Loss has legal credibility in government and judicial proceedings, including those involving the NBI.

4. How to Prepare an Affidavit of Loss

4.1 Contents of an Affidavit of Loss

A typical Affidavit of Loss will contain:

Title: “Affidavit of Loss”
Affiant’s Personal Details: Full name, citizenship, address, and a statement that the affiant is of legal age and competent to swear to the facts.
Statement of Loss: A clear and concise narrative explaining when and how the document or item was lost.
Efforts to Recover: A declaration stating attempts made to locate or recover the lost item and affirming that it has not been found.
Purpose: A statement indicating the reason for preparing the affidavit (e.g., for submission to the NBI to replace a lost NBI clearance or other necessary processes).
Date and Place of Execution: Where and when the affidavit was sworn.
Affiant’s Signature: The affiant must sign the document in the presence of the notary public.
Notarial Acknowledgment: Section for the notary public’s seal, details, and signature.

4.2 Steps to Draft and Notarize

Drafting: You or a lawyer can prepare the affidavit. Sample templates are often available online or from attorneys, but ensure each detail matches your specific situation.
Execution: Bring the unsigned draft to a licensed notary public.
Identification and Oath: Present a valid government ID (e.g., driver’s license, passport) to the notary public, then sign the affidavit in the notary’s presence.
Payment of Fees: Notarial fees vary; the typical range could be around PHP 100–300, depending on location and the notary public’s standard rates.
Receive the Notarized Copy: Ensure the notary’s seal and signature are on the document and that the notary’s details (commission number, expiry date) are clear.

5. Submitting the Affidavit of Loss to the NBI

Once you have your notarized Affidavit of Loss, you may proceed with the submission or presentation process. The exact steps vary slightly by location, but generally include the following:

Visit the Appropriate NBI Office: Go to the branch or unit handling your concern. For example, for an NBI Clearance replacement, visit an NBI Clearance Center or NBI Satellite Office.
Bring Required Documents:
- Original notarized Affidavit of Loss
- Valid government-issued IDs (for identity confirmation)
- Any other documents the NBI specifically requested (e.g., police report, if available, in cases of theft)
Fill Out Any Additional Forms: Depending on your purpose, you may need to fill in forms such as the NBI Clearance Application Form or other documents.
Payment of Processing Fee: For NBI Clearance replacements or similar requests, be prepared to pay the relevant fees (replacement fees, processing fees, etc.).
Await Processing: The NBI will process your application or request. In some circumstances, the NBI may need to verify your identity and check if your lost document is being used fraudulently.
Receive the Replacement Document or Confirmation: Once everything is in order, the NBI will either issue a new document/clearance or confirm that your affidavit has been noted in the official records.

6. Common Mistakes and Tips

Failing to Provide Accurate Details: Always be precise about the date and place of loss. Inconsistent or vague statements might cause the NBI to question the affidavit’s authenticity.
Not Affixing Signature Before the Notary Public: An affidavit that is pre-signed is invalid if you did not sign it in the notary’s presence.
Using Expired or Invalid IDs for Notarization: Present only valid government-issued identification documents to the notary public.
Ignoring Local NBI Requirements: Some offices have additional forms or may require a police report if the loss is due to theft. Always confirm local requirements in advance.
Overlooking the Need for Multiple Copies: If multiple agencies or offices will need your Affidavit of Loss, have the notary produce extra “certified” copies, or keep the original and use photocopies where permitted.

7. Frequently Asked Questions

Q1. Do I need a lawyer to draft my Affidavit of Loss?
No. You can prepare one yourself using a template. However, you must have it notarized, and if you are unsure of the correct wording, it may be wise to seek legal advice for accuracy.

Q2. What if I find my lost NBI Clearance after submitting the affidavit?
Inform the NBI office immediately. You can surrender the previously lost clearance, or the NBI can update their records to ensure there is no confusion or suspicion of fraudulent use.

Q3. How long is an Affidavit of Loss valid?
Strictly speaking, there is no expiration date on a notarized Affidavit of Loss. However, many institutions prefer it to be relatively recent (e.g., within the last 3–6 months) to reflect that the facts are current.

Q4. What if I lost multiple documents?
You can include them in a single affidavit if they were lost under the same circumstances, or you can prepare separate affidavits for clarity—depending on the requirements of the requesting agency.

Q5. Will I be liable if I submit a false Affidavit of Loss?
Yes. Submitting a false affidavit can lead to criminal charges for perjury (under the Revised Penal Code) and potential civil liabilities. Always ensure the accuracy and truthfulness of your statements.

8. Conclusion and Key Takeaways

An Affidavit of Loss is an essential, legally recognized tool to formally document the loss of important items or documents in the Philippines.
The process involves drafting a clear statement of facts and having the document notarized by a duly commissioned notary public.
When dealing with the NBI—whether for replacing a lost NBI Clearance or supporting an ongoing investigation—be prepared with all required IDs, forms, and fees.
Always confirm local or regional requirements beforehand because procedures can vary among different NBI branches.

In summary, the Affidavit of Loss for submission to the NBI must be accurate, notarized, and accompanied by any supporting documents the NBI may require. If you have any doubts, it is best to consult a legal professional or directly inquire with the NBI office for the most up-to-date and specific instructions.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For questions pertaining to your unique situation, consult a legal professional or the appropriate government agency.