Affidavit of Loss in the Philippines: Where (and How) to Get One
1. What is an Affidavit of Loss?
An Affidavit of Loss is a sworn written statement in which a person (“affiant”) declares, under oath, that a specific document, object, or instrument has been lost, destroyed, or otherwise misplaced beyond recovery. It serves two key legal functions:
- Notice & Evidence – It puts third parties (banks, government agencies, courts, etc.) on record that the original is no longer available and that the affiant wishes to substitute or cancel it.
- Allocation of Liability – The affiant typically assumes responsibility should the original later surface or be mis-used, protecting the entity that issues a replacement.
Because it is an oath, willful falsity may constitute perjury under Article 183 of the Revised Penal Code, punishable by imprisonment, fine, or both.
2. Legal Foundations
| Source | Key Provisions |
|---|---|
| 2004 Rules on Notarial Practice | Defines “jurat,” personal appearance, competent proof of identity, notarial register, schedule of fees. |
| Civil Code, Arts. 1156, 1315, 1356 | Recognizes affidavits as instruments that may create or extinguish obligations. |
| Rule 132, Rules of Court | Lays down how lost original documents may be proved in courts. |
| Revised Corporation Code (RA 11232), §73 | Stock certificate replacement requires an affidavit of loss plus publication and bond. |
| LTO & DICT administrative circulars | Affidavit of loss is prerequisite for replacement of OR/CR, driver’s license, SIM card, etc. |
| E-Commerce Act (RA 8792) & SC Interim Rules on e-Notarization (2020 pilot) | Allow electronic notarization of affidavits in jurisdictions where e-notaries are active. |
3. Common Situations Requiring One
- Government-issued IDs – Passport, Driver’s License, PRC, Postal ID, PhilSys, UMID
- Bank Instruments – Passbook, checkbook, time-deposit certificate, manager’s check
- Corporate/Property Papers – Stock certificates, land titles (TCT/CTC), share of stock scripless registry
- Official Receipts & Motor Vehicle Documents – OR/CR, car plates, LTO stickers
- Insurance Policies & Bonds – Surety bonds, policy contracts, official receipts
- Barangay, City, or University IDs & Cards – Employee or student IDs, library cards
- SIM Card Replacement – Required by most telecoms after RA 11934 (SIM Registration Act)
4. Where Can You Get (or Execute) an Affidavit of Loss?
| Location | What Happens There | Typical Cost (₱) |
|---|---|---|
| Any Notary Public (law offices, malls, ground-floor kiosks, city halls) | • You bring a draft (or ask the lawyer to draft). • Sign in front of the notary. • Notary administers oath, stamps, records. |
200 – 500 (notarization only) |
| Law Firm / Private Counsel | Lawyer interviews you, drafts customized affidavit, notarizes. | 1,000 – 3,000 (drafting + notarization) |
| Public Attorney’s Office (PAO) | Free for indigent clients (< ₱14,000 monthly income in NCR; < ₱13,000 outside). | Free |
| Integrated Bar of the Philippines legal aid desks (IBP chapters, Hall of Justice) | Same as PAO; available during legal aid days. | Usually free |
| Online / e-Notary Platforms (pilot courts, select cities) | Video conference, digital signature, x.509 cert. (“electronic notarization”). | 500 – 1,500 |
| Company or Agency-Provided Forms | Some banks, insurers, or schools give a pre-printed affidavit template; you still take it to a notary or in-house corporate notary. | Often just the notarial fee |
Tip: Police stations and barangay halls often issue a Police Blotter Extract or Barangay Certification to confirm a loss or theft; these are not affidavits and still need notarization elsewhere.
5. Documentary & Personal Requirements
- Government-issued valid ID (passport, driver’s license, PhilSys, etc.) – original & photocopy
- Draft Affidavit (printed or digital) – or information for lawyer to draft:
- Full legal name, nationality, civil status, address
- Description of the lost item (type, serial/ID no., date of issue, issuing authority)
- Date, place, and circumstances of loss (e.g., “left in taxi,” “snatched,” “destroyed in flood”)
- Statement that the item has not been pledged, transferred, or encumbered
- Undertaking to surrender the duplicate if original is found
- Request for acceptance of affidavit and issuance of replacement
- Supporting Records (agency-specific) – e.g.,
- Police blotter or incident report (for stolen passports, IDs)
- Account statement (for bank passbooks)
- Company ID or COE (for employee ID replacement)
- Publication of notice in newspaper & surety bond (for stock certificates / land titles)
6. Step-by-Step Procedure
| # | Action | Who Does It |
|---|---|---|
| 1 | Draft the affidavit (use a template or have a lawyer draft). | Affiant / Lawyer |
| 2 | Print two copies on legal or A4 paper. | You |
| 3 | Personally appear before the notary with the affidavit and valid ID. | You |
| 4 | Sign each page; notary administers oath & signs jurat. | Notary & You |
| 5 | Pay fee; notary records entry in notarial register & issues a “Doc No./Page No./Book No./Series” notation. | You |
| 6 | Photocopy the notarized affidavit; keep originals for filing. | You |
| 7 | Submit to the concerned agency along with any additional requirements (forms, fees, ID photos, etc.). | You |
Turnaround: Drafting: 10-30 min; Notarization: 5-15 min; Agency processing of replacement: 1 hour to several months, depending on the document.
7. Fees and Other Costs (Typical Metro Manila Range, 2025)
| Service | Low | High | Notes |
|---|---|---|---|
| Plain notarization (affidavit you drafted) | ₱200 | ₱500 | Regulated maximum in many LGU schedules is ₱500. |
| Lawyer drafting + notarization | ₱1,000 | ₱3,000 | Senior partners may charge more. |
| Surety bond (lost stock certificate, land title) | ₱3,000 | 1% of value | Required by SEC/LRA rules. |
| Newspaper publication (3 consecutive issues) | ₱4,000 | ₱8,000 | Metro dailies; provincial papers often cheaper. |
| Police blotter extract | ₱50 | ₱200 | Station-dependent. |
8. After the Affidavit: Replacing the Lost Item
| Document Lost | Agency | Replacement Steps After Affidavit |
|---|---|---|
| Passport | DFA | File Passport Affidavit of Loss form + police report; 15-day clearance; pay ₱1,200 (regular) or ₱2,000 (express). |
| Driver’s License | LTO | Present Affidavit of Loss; pay ₱472.63 duplicate fee; biometrics capture; release same day. |
| Bank Passbook | Bank branch | Submit affidavit; 1-week verification; new passbook issued, old account continues. |
| OR/CR (vehicle) | LTO / PNP-HPG | Affidavit + police report + MVIR; pay ₱450 duplicate CR fee; 3-7 working days. |
| Stock Certificate | Corporation’s transfer agent | Affidavit + publication + indemnity bond; SEC Form STC-LO; new certificate in 30 days. |
| SIM Card | Telco service center | Affidavit + SIM Registration details + gov’t ID; same-day SIM swap. |
9. E-Notarization & Remote Execution (2024-2025 Updates)
- The Supreme Court’s 2020 Interim Rules on Remote Notarization expanded in 2024 to Makati, Cebu, and Davao pilot courts.
- Affiants may appear via secure video conference; identity confirmed through multi-factor KYC (1×1 selfie, ID scan, liveness check).
- Notarial seal and signature are applied with a digital certificate; PDF bears a visible “DocVerify” style stamp and XAdES-compliant signature block.
- Acceptance varies: DFA, LTO, and SSS now formally accept properly executed electronic affidavits; Land Registration Authority (LRA) still requires wet-ink for land-title matters.
10. Risks, Liabilities, and Best Practices
- Perjury & Falsification – Art. 183 (perjury) & Art. 171 (falsification) carry penalties up to 6 years & 1 day (prisión correccional) plus fines.
- Civil Damages – An institution that issues a replacement relying on a false affidavit can sue for losses.
- Double Recovery – If you find the original after claiming a replacement, immediately surrender it to avoid administrative sanctions.
- Keep a Copy – Scan PDF copies; some agencies charge again if the affidavit is misplaced.
- Use Clear, Specific Facts – Vague “I lost it somewhere” statements may be rejected or trigger additional verification.
- Bundle with Police Report When Stolen – Adds credibility and speeds approval.
- Check Agency-Specific Templates – Using the wrong wording (e.g., leaving out an “undertaking”) can delay processing.
11. Frequently Asked Questions (FAQs)
| Question | Answer |
|---|---|
| Can I use one affidavit for multiple lost items? | Yes, if all items belong to the same person and will be submitted to the same agency. Otherwise prepare separate affidavits tailored for each office. |
| Is a barangay certification enough? | No. It is not notarized; agencies nearly always insist on a notarized affidavit. |
| How long is an affidavit of loss valid? | No statutory expiry, but most agencies treat it as valid if executed within 3–6 months of application. |
| Do I need witnesses? | Not required by law, but some notaries prefer a co-signing witness. |
| What if I’m abroad? | Execute the affidavit at the nearest Philippine Embassy/Consulate or via apostilled local notary and attach DFA apostille. |
| Can I just print an online template and sign it? | Yes, but it must still be notarized. Templates save lawyer’s fees but watch for correct details. |
| Are scanned copies acceptable? | For filing electronic applications (e.g., online SSS records update), yes, but keep the wet-ink original in case of audit. |
12. Sample Basic Template (Illustrative Only)
REPUBLIC OF THE PHILIPPINES )
___________________________ ) S.S.
AFFIDAVIT OF LOSS
I, JUAN DELA CRUZ, Filipino, single, of legal age, and a resident of
#123 Mabini Street, Barangay Malaya, Quezon City, after having been
duly sworn in accordance with law, do hereby depose and state THAT:
1. I am the lawful owner/holder of **One (1) UMID Card** issued by the
Social Security System (SSS) under ID No. 34-1234567-8.
2. On or about **12 March 2025** while commuting from Cubao to
Makati City, I discovered that my wallet containing the said UMID
Card was missing and could no longer be located despite diligent
search and efforts to recover the same.
3. Said UMID Card has **not been pledged, transferred, sold, or
delivered** to any person or entity; neither is it the subject of
any litigation.
4. I execute this Affidavit to attest to the truth of the foregoing,
to comply with the requirements of the Social Security System for
the issuance of a replacement UMID Card, and for all other lawful
and related purposes.
IN WITNESS WHEREOF, I have hereunto set my hand this
___ day of __________ 2025 in Quezon City, Philippines.
(sgd.) ______________________
JUAN DELA CRUZ(Jurat follows: Doc No., Page No., Book No., Series of 2025.)
13. Key Takeaways
- Any practicing notary public can notarize an Affidavit of Loss; choose between walk-in, legal aid, or e-notary options.
- Draft must clearly describe the item, facts of loss, and an undertaking if the original resurfaces.
- Additional documents (police report, publication, bond) depend on the nature and value of what was lost.
- Falsifying an affidavit can lead to criminal prosecution and civil liability.
- Keep copies; different agencies may want the original or a certified duplicate.
- When in doubt, consult a lawyer—especially for high-value papers like land titles or shares.
Need help drafting a specialized affidavit or checking agency-specific requirements? Feel free to ask, and I can walk you through a template tailored to your exact situation.