How to Execute an Affidavit of Loss in the Philippines: Everything You Need to Know

In the Philippines, an Affidavit of Loss is a legally recognized document that serves as a sworn statement attesting to the loss or destruction of a particular item—such as an identification card, official receipt, passbook, certificate, or any other legal document. It is commonly used to formalize and document the circumstances of the loss, especially when one must apply for a replacement of the lost item or provide proof that the item is indeed missing. Below is a comprehensive guide on everything you need to know about preparing and executing an Affidavit of Loss in the Philippine context.

1. What Is an Affidavit of Loss?

An Affidavit of Loss is a written declaration, under oath, made by a person (known as the “affiant”) stating:

The identity of the affiant (their full name, citizenship, and address).
A detailed description of the lost item (e.g., name or nature of the document, ID number if applicable, issuing authority, etc.).
The circumstances surrounding the loss (how, when, and where the item was lost, or when the affiant became aware of the loss).
A statement confirming diligent efforts (if any) to locate or recover the lost item before concluding that it is indeed lost.

Because it is a sworn statement, the document must be signed by the affiant in the presence of a notary public, who then notarizes it to affirm that the affidavit was taken under oath.

2. Why Is It Needed?

An Affidavit of Loss is often required by government agencies, private institutions, or banks when one requests a replacement for a lost item or document. Examples include:

Driver’s license: Land Transportation Office (LTO) typically requires an Affidavit of Loss before issuing a replacement license if you’ve lost the original.
Passport: The Department of Foreign Affairs (DFA) may require an Affidavit of Loss for a lost or stolen passport to establish the circumstances before issuing a new one.
Bank documents: Banks frequently request an Affidavit of Loss before reissuing a passbook, certificate of deposit, checkbook, ATM card, or other financial instruments.
IDs: Lost government-issued IDs (e.g., Social Security System (SSS) ID, PhilHealth ID, or voter’s ID) often require an Affidavit of Loss for reissuance.
Receipts or official documents: Some transactions (like motor vehicle registration) require an Affidavit of Loss if you cannot produce the original Official Receipt (OR) or Certificate of Registration (CR).

In short, the Affidavit of Loss is a formal representation that the original document or item is no longer in your possession, which helps prevent fraud and provides legal proof of the circumstances of the loss.

3. Legal Basis and Requirements

In the Philippines, notarized affidavits fall under the rules of the 2004 Rules on Notarial Practice, which stipulate how a document is to be notarized and what elements are necessary for a notarial act to be considered valid. While there is no single specific statutory provision governing only “Affidavits of Loss,” the requirement typically stems from different regulations and agency guidelines (e.g., banking regulations, the Civil Code of the Philippines, and administrative rules for government agencies).

Key Requirements for a Valid Affidavit of Loss

Personal Appearance: The affiant must appear before a notary public in person.
Competent Evidence of Identity: The affiant must present valid identification documents to prove identity to the notary public.
Oath or Affirmation: The affiant must swear or affirm that the contents of the affidavit are true and correct to the best of their knowledge.
Affiant’s Signature: The affiant signs the document in the presence of the notary.
Notarial Acknowledgment: The notary signs, places the notarial seal, and records the act in the notarial register, completing the process.

4. Steps in Executing an Affidavit of Loss

Draft or Obtain a Template
- You can draft your own affidavit, or you may use a ready-made template often provided by law offices or notarial services.
- Ensure it includes all the essential details: your name, address, citizenship, the item lost, and the exact circumstances of how and when it was lost.
Review the Contents
- Check that you have accurately described the lost item (e.g., type of document, identification number).
- Be clear and factual about how you lost the item. If you are unsure of the exact circumstances, indicate that to the best of your knowledge, you have described them truthfully.
- Include any relevant details (e.g., date of loss, last known location, attempts made to recover the item).
Appear Before a Notary Public
- Bring at least one (but ideally two) valid government-issued IDs for identity verification.
- Sign the affidavit only in the presence of the notary public.
Take the Oath
- The notary public will ask you to affirm or swear that the contents of the affidavit are true.
- Once sworn, you will sign the affidavit.
Notarization
- The notary public signs, affixes the notarial seal, and records the affidavit in the notarial register.
- Pay the notarial fee (fees can vary based on the notary’s schedule of fees and location).
Obtain Copies
- The notary will give you the original notarized affidavit. Make additional certified true copies (if needed) for submission to various offices.
- Always keep at least one photocopy or scanned copy of the notarized affidavit for your records.

5. What to Include in the Affidavit

While formats can vary, the following elements are generally standard in an Affidavit of Loss:

Title: “Affidavit of Loss” at the top.
Introduction: A statement indicating your personal circumstances:
- Full name
- Legal age
- Citizenship
- Address
Narration of Facts:
- Description of the lost item (type, number, issuing authority, and any distinguishing details).
- The date and place when you last saw or used the item.
- How you discovered it was lost and what efforts you made to find it.
Statement of Truth:
- A declaration that you are executing the affidavit voluntarily and that the facts stated are true and correct to the best of your knowledge.
Affirmation and Signature:
- Your signature, along with the jurat or acknowledgment section (where the notary signs and seals).

6. Common Uses of an Affidavit of Loss

Replacement of Lost IDs and Documents
- For government IDs: Driver’s license, SSS ID, PhilHealth ID, Pag-IBIG ID, Unified Multi-Purpose ID (UMID), postal ID, or voter’s ID.
- For private or company IDs: Some employers require it to reissue their company ID.
Bank Transactions
- Lost passbooks, certificates of deposit, credit cards, ATM cards, or checkbooks.
- Banks usually require an Affidavit of Loss before they process any request for replacement or block transactions on lost instruments.
Insurance Claims
- In some cases, insurance companies may require an Affidavit of Loss for stolen items—especially if you need to claim for lost or stolen property.
Property-Related Documents
- Lost land titles, transfer certificates, or other property-related proofs may require an Affidavit of Loss before requesting a certified true copy or replacement from the Registry of Deeds.
Motor Vehicle Documents
- Lost Certificate of Registration (CR) or Official Receipt (OR) for cars and motorcycles.

7. Validity and Expiration

An Affidavit of Loss does not typically have an “expiration date,” but its effectiveness depends on the purpose for which it was executed. For instance:

If you are using it to replace an ID, the concerned agency may require the affidavit to be reasonably recent (e.g., executed within the last few months).
If too much time has passed since its execution and you have not used it, authorities may request an updated Affidavit of Loss containing more current information.

It is best to use the document for its intended purpose soon after notarization to avoid complications.

8. Possible Penalties for False Statements

Making a false statement in an Affidavit of Loss is considered perjury under Philippine law. Specifically, Article 183 of the Revised Penal Code penalizes any person who “makes an affidavit, upon any material matter, before a competent officer, authorized to administer oaths, knowing the same to be false.” Penalties can include imprisonment and/or fines. Therefore, it is crucial to be truthful in every detail you provide in your affidavit.

9. Practical Tips

Draft Clearly and Accurately
- Provide complete details of the lost document. Inaccuracy can delay or complicate the replacement process.
Keep Your Affidavit Safe
- Make a digital copy or photocopy of your notarized affidavit. You may need it for multiple transactions.
Coordinate With the Agency Requiring It
- Different agencies may have different rules. Some might have their own template for the Affidavit of Loss.
Use Official Receipt (OR) of Notarization
- Request an official receipt for notarial fees. This may be helpful if you need to prove that the affidavit was legally notarized or in case of later disputes.
Seek Professional Advice if Necessary
- While you can usually handle an Affidavit of Loss on your own, complex cases (e.g., lost land titles, significant property documents, or legal disputes) may require consultation with a lawyer.

10. Sample Content of an Affidavit of Loss

Below is a simple outline or template often used in the Philippines. Modify as needed to suit your specific case.

AFFIDAVIT OF LOSS

I, [Your Full Name], of legal age, Filipino, single/married, and a resident of [Your Address], after having been duly sworn in accordance with law, do hereby depose and state:

1. That I am the lawful owner/holder of [describe the lost item: e.g., Driver's License No. XXX, issued on DATE by ISSUING AGENCY];

2. That on or about [date you discovered the loss], I discovered that the said [item/document] was missing, and despite diligent efforts, I have been unable to locate or recover the same;

3. That the said [item/document] has not been confiscated by any public authority for any violation of law, rules, or regulations;

4. That I am executing this Affidavit of Loss to attest to the truth of the foregoing facts and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _______ 20___ in [City/Municipality], Philippines.

____________________
[Your Signature]
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ 20___ at [City/Municipality], affiant exhibiting to me his/her [valid ID number, date and place of issue].

____________________
Notary Public

Notarial Commission No.: __________
Until: ________________
Roll of Attorneys No.: _____________
PTR No.: __________
IBP No.: __________
Doc. No. ___
Page No. ___
Book No. ___
Series of 20___.

Conclusion

Executing an Affidavit of Loss in the Philippines is a straightforward process, but one that carries legal weight and implications. Its primary purpose is to confirm, under oath, that an item or document is genuinely missing. Whether you are replacing a driver’s license, bank passbook, or any other important paper, a properly drafted and notarized Affidavit of Loss is often a prerequisite to obtain a replacement or proceed with the necessary legal formalities.

Always remember that honesty and accuracy are paramount. If you are unsure about any details or if the item lost involves significant legal or financial issues, seek professional legal advice. By following the correct procedures and including all pertinent information, you can ensure that your Affidavit of Loss is valid, reducing potential delays and complications in your transactions.

Disclaimer: This article provides general information on how to execute an Affidavit of Loss in the Philippines. It is not intended as legal advice. For specific situations or concerns, consult a qualified lawyer or legal professional.