Below is a comprehensive discussion of Affidavit of Loss requirements for a lost SIM card in the Philippine legal context. This article covers the rationale behind obtaining an Affidavit of Loss, essential elements of the document, typical procedural requirements, and practical considerations. Please note that this is for informational purposes only and does not constitute legal advice. Always consult with a qualified legal professional for specific concerns.

1. What Is an Affidavit of Loss?

An Affidavit of Loss is a written, sworn statement executed by a person (known as the affiant) under oath, declaring the circumstances under which they lost certain property or documents. In the Philippines, it is a common document required by various entities—government offices, financial institutions, telecom companies, and other organizations—to provide proof that something (such as an ID, passbook, or SIM card) has genuinely been lost and is no longer in the possession or control of the affiant.

When a SIM card is lost, some telecom providers may require an Affidavit of Loss to process:

SIM card replacement or reactivation, especially if a subscriber number is crucial for business, personal, or legal reasons.
Account security concerns (e.g., to prevent unauthorized use of a lost SIM).
Verification of the reason for discontinuing or reissuing services.

2. Why Is an Affidavit of Loss Required for a Lost SIM Card?

Verification and Authentication
Telecom providers want to ensure that the individual requesting the replacement is the legitimate owner of the lost SIM card. The Affidavit of Loss, once notarized, attests under oath that the SIM card was indeed lost and not simply withheld or misused.
Documentation Purposes
It provides a formal record that can be used for reference if there are legal or financial disputes—especially if the SIM card was linked to financial accounts, government records, or other sensitive data.
Protection Against Fraud
A lost SIM can potentially be used for malicious activities (e.g., unauthorized transactions, identity theft). A sworn statement helps prevent the original owner from being held liable if the SIM was used illegally after it was lost.

3. Essential Elements and Information to Include

While formats may vary, an Affidavit of Loss for a SIM card in the Philippines typically contains the following:

Title/Header
- Example: Affidavit of Loss
Affiant’s Personal Details
- Full legal name
- Age or date of birth
- Citizenship
- Civil status (optional but often included)
- Complete address
Attestation of Identity
- A statement that the affiant is competent to make the affidavit and has personal knowledge of the facts stated in it.
Statement of Facts
- Detailed description of the SIM card (e.g., the phone number associated with the SIM, the name of the service provider).
- Explanation of when, how, and where the SIM was last used or seen.
- Circumstances of the loss (e.g., was the phone misplaced, stolen, or did the SIM simply disappear?).
Declaration of Good Faith
- A statement that the affiant believes the item will not be recovered and thus needs a replacement or that all efforts to locate the SIM have been unsuccessful.
Purpose Clause
- A statement indicating why the Affidavit is being executed (e.g., to comply with the requirements of the telecom provider, bank, etc.).
Oath or Affirmation
- A concluding section in which the affiant solemnly swears that the foregoing statements are true and correct to the best of their knowledge.
Signature of the Affiant
- The affiant must sign, typically before a notary public.
Jurat (Notarial Acknowledgment)
- The portion where the notary public affixes their seal, signs, and indicates the date and location of notarization.
- The notarial register number is also recorded by the notary public.

4. Requirements for Executing an Affidavit of Loss

Drafting the Affidavit
- You may download a template online or have one drafted by a lawyer or notary public’s office.
- Make sure to provide all the necessary details mentioned above.
Valid Identification
- Bring at least one (preferably two) government-issued IDs (e.g., driver’s license, passport, SSS/UMID, PhilHealth ID, or postal ID) to confirm your identity.
- Some notaries may require additional proof of identity if your primary ID is not recognized or has expired.
Affiant’s Personal Appearance Before the Notary
- The affiant must appear personally before the notary public to sign the affidavit under oath.
- This ensures the document’s authenticity and that the oath is administered properly.
Notary Public’s Fee
- Notarial fees vary but typically range from PHP 100 to PHP 500 for standard affidavits. Costs can be higher in certain cities or law firms.
Copies
- It is wise to have multiple original copies (or at least photocopies). The notary public will keep one copy in their records. Having extra copies helps if you need to submit them to different offices (e.g., the telecom provider, banks, or other institutions).

5. Common Uses and Practical Tips

A. Telecom Provider Requirements

SIM Replacement or Reactivation:
Once you have the notarized Affidavit of Loss, you can typically present it at the telecom provider’s physical store or service center. They may require additional documents (like a valid ID and an account ownership verification form).
Data Transfer and Retention:
If your telecom plan is postpaid, the provider may be able to retain your existing mobile number. For prepaid users, you might need to follow specific replacement steps.

B. Bank and Financial Institutions

Linked Accounts:
If your lost SIM was used for mobile banking or two-factor authentication (2FA), present your Affidavit of Loss to your bank to update your records or enable new verification methods.
Protect Your Financial Data:
Immediately inform your bank or relevant digital wallet providers to prevent unauthorized logins or transactions linked to the lost SIM.

C. Government-Related Transactions

If your SIM card was associated with government portals (e.g., SSS, GSIS, BIR eServices), you may need to update your contact details. The Affidavit of Loss can be provided as part of the documentation if there’s a dispute or question about your account.

D. Legal Protection

Fraud or Theft:
If the lost SIM is used for fraudulent activities, your Affidavit of Loss can serve as evidence to demonstrate that it was lost prior to any illegal use.
Complaints and Investigations:
If you need to file a police report for a stolen phone or SIM, attaching a copy of the notarized Affidavit of Loss is often helpful.

6. Step-by-Step Process Summary

Prepare Your Draft
- Gather information: phone number, service provider, date and place of loss, circumstances of loss.
- Write the affidavit in a clear, concise manner, or use an existing template.
Print and Review
- Print the document, review it thoroughly for accuracy. Ensure all personal details are correct.
Visit a Notary Public
- Bring your valid IDs and the unsigned affidavit.
- Sign the affidavit in the presence of the notary.
Pay the Notarial Fee
- Fees vary; discuss and confirm before signing.
- Obtain the notarized copy (or copies).
Submit to the Required Entity
- Present the notarized Affidavit of Loss to your telecom provider or the relevant institution.
Keep a Copy for Your Records
- Retain at least one notarized copy in case you need it for future reference or other purposes.

7. Frequently Asked Questions (FAQs)

Do I need a lawyer to draft the Affidavit of Loss?
- Not necessarily. Many Filipinos use downloadable templates. However, if the situation is complex (e.g., involving multiple legal issues), seeking legal advice is recommended.
Can I notarize online?
- As of this writing, online notarization in the Philippines is generally not yet widely practiced or accepted for most transactions. In-person notarization is still the standard.
How long is the Affidavit of Loss valid?
- Affidavits do not typically have an “expiration date,” but older affidavits might be considered less reliable. Most entities will only accept recently executed (e.g., within the last 30 days) Affidavits of Loss.
What if I find the SIM card after executing an Affidavit of Loss?
- If you discover the SIM after providing an Affidavit of Loss, inform any relevant institutions immediately to avoid confusion or potential liability. However, if you have already replaced the SIM or had it deactivated, your original card may not be usable.
Is the affidavit enough to prevent misuse of my lost SIM?
- It is strong evidence that you reported the loss. However, you should also immediately report the loss to the telecom provider so they can deactivate the lost SIM to prevent unauthorized usage.

8. Practical and Legal Considerations

Accuracy and Truthfulness
- Ensure your statements in the affidavit are truthful. Providing false statements in a notarized document can lead to charges of perjury.
Security Implications
- Promptly deactivating a lost SIM is crucial to avoid unauthorized access to sensitive accounts.
- Always update account details linked to your lost SIM.
Data Privacy
- If your SIM is used for personal or business transactions, consider the data privacy risks and notify any contacts or service providers who may be affected.
Consult Professionals if Needed
- If you suspect any legal complications—like theft or fraudulent usage of your lost SIM—consult legal professionals to ensure proper documentation and possible legal action.

Conclusion

An Affidavit of Loss for a lost SIM card is a critical legal instrument in the Philippines. It provides proof, under oath, that your SIM card was genuinely lost and can help protect you against unauthorized usage or liability. The process involves drafting or obtaining a template, appearing before a notary with valid identification, and using the notarized document to fulfill the requirements of the telecom provider, financial institutions, or other entities.

Always remember to keep a copy of your Affidavit for future reference and promptly inform your network provider or any institution connected to your SIM to minimize the risk of fraudulent transactions. If circumstances are unusual or potentially complicated, consult a licensed attorney for guidance on protecting your rights and interests.

Disclaimer: This guide is for informational purposes only and does not serve as legal advice. For specific concerns or situations, you should consult a qualified Philippine lawyer or legal professional.