How to File an Affidavit of Loss for a Lost Purchase Receipt

How to File an Affidavit of Loss for a Lost Purchase Receipt in the Philippines: A Comprehensive Guide

Losing a purchase receipt can be more than just an inconvenience—especially if you need it for warranty claims, returns, or legal documentation. In the Philippines, one common remedy is to execute an Affidavit of Loss. Below is a comprehensive guide that explains what an Affidavit of Loss is, why it is important, and how you can file one for a lost purchase receipt under Philippine law.


1. What is an Affidavit of Loss?

An Affidavit of Loss is a sworn legal document executed by an individual (the “affiant”) who states under oath that a particular document or item (in this case, a purchase receipt) has been lost, destroyed, or is otherwise unavailable, and that all efforts to locate it have been exhausted.

In Philippine legal practice, affidavits are governed by various rules, including the Rules of Court—particularly those regarding evidentiary matters (Rules on Evidence, Rule 130) and notarization. While these do not specifically dictate the entire process of how an Affidavit of Loss must be formatted, they establish the principle that an affidavit is a sworn statement, executed in writing, and notarized by a notary public.


2. Why Do You Need an Affidavit of Loss for a Lost Purchase Receipt?

  1. Proof of Original Purchase – If you need to prove you legitimately bought an item (e.g., for warranty, repair, exchange, or insurance claim), the Affidavit of Loss can serve as an official declaration that you had the original purchase receipt but misplaced it.

  2. Legal and Documentary Requirements – In some cases, government agencies or private entities (such as banks, insurance companies, or retail stores) may request a notarized affidavit to confirm that you are not committing fraud or making false claims.

  3. Establishing Good Faith – The affidavit testifies to your good faith and honesty in stating that the receipt is genuinely lost and not deliberately concealed or withheld.

  4. Compliance with Store or Company Policy – Some stores or companies in the Philippines have specific policies that require an Affidavit of Loss before processing returns, exchanges, or warranty services if the original receipt cannot be presented.


3. Key Elements of an Affidavit of Loss

An Affidavit of Loss is typically succinct but should contain essential elements:

  1. Title of the Document

    • Clearly label it as “Affidavit of Loss.”
  2. Affiant’s Personal Information

    • Full legal name
    • Address and contact details
    • Citizenship and other relevant identifiers (e.g., government-issued IDs)
  3. Statement of Competency

    • A declaration that you are of legal age, competent, and executing the affidavit freely and voluntarily.
  4. Facts Surrounding the Loss

    • A detailed account of what was lost (the purchase receipt).
    • When and where you obtained the receipt.
    • The circumstances under which the receipt was lost or how you discovered it was missing.
    • Steps taken to try to locate the lost receipt, if any.
  5. Statement of Good Faith

    • A confirmation that you are executing the affidavit truthfully and in good faith.
    • An affirmation that the affidavit’s purpose is not to evade liability or defraud any person or entity.
  6. Date and Place of Execution

    • The city or province and date when you sign the affidavit.
  7. Signature of the Affiant

    • Your signature at the bottom of the affidavit.
  8. Notarization

    • The jurat or the notarial certificate, which includes the date and place of notarization, and the signature and seal of the notary public.

4. Procedure for Filing or Executing an Affidavit of Loss

  1. Prepare the Draft Affidavit

    • You may draft the affidavit yourself or have it prepared by a lawyer. The structure is straightforward; many law offices, notary publics, or even local government offices have ready-made templates.
  2. Gather Supporting Information

    • Note any specific details about the purchase: date, item description, store or seller details, approximate amount, or any other identifying information.
  3. Visit a Notary Public

    • A notary public licensed by the Philippine Supreme Court is authorized to notarize affidavits.
    • Present a valid government-issued ID to prove your identity.
    • Read the affidavit carefully before signing. You must sign it in front of the notary public.
    • Pay the notarial fee (ranges anywhere from PHP 100 to PHP 500 or more, depending on location and complexity).
  4. Obtain the Notarized Copy

    • Once notarized, the Affidavit of Loss becomes a public document and has evidentiary weight in courts and government agencies.
    • Request multiple certified true copies if necessary.

5. Submitting the Affidavit of Loss to the Concerned Entity

After notarization, you may need to submit the Affidavit of Loss to the entity that requires it:

  • Retail Store or Service Center

    • If you need the affidavit for warranty or exchange purposes, present it at the store’s customer service or at the service center for the product. Some retailers in the Philippines strictly require official proof that the original receipt is lost.
  • Insurance Company

    • In cases where you need proof of ownership or claim for stolen or lost items, the insurer may require an Affidavit of Loss indicating the purchase details of the item.
  • Government Agency

    • If a government office requires proof that a receipt or relevant document is lost (for instance, in certain tax or business-related transactions), you will submit your notarized affidavit along with any other requested documents.

6. Legal Considerations and Precautions

  1. Accuracy and Honesty

    • An affidavit is sworn under oath. Providing false information can lead to legal liability for perjury under the Revised Penal Code of the Philippines.
  2. Retention of Copies

    • Keep a copy of the notarized affidavit for personal records. In case an entity asks for the original, secure additional copies to avoid repeated notarization fees.
  3. Additional Requirements

    • Some offices may ask for a Police Report if the receipt was inside a stolen bag or if a theft or similar incident occurred.
    • Always check with the concerned entity if there are further requirements beyond the notarized affidavit.
  4. Validity Period

    • Affidavits do not technically expire, but some institutions may impose a validity period for their own administrative processes (e.g., they may accept affidavits filed within the past 3 to 6 months only).
  5. Consult a Lawyer if Necessary

    • While you can handle a straightforward Affidavit of Loss on your own, it may be prudent to consult with a lawyer if large amounts of money are involved or if there are disputes regarding the lost receipt.

7. Frequently Asked Questions (FAQs)

1. Is an Affidavit of Loss alone enough to claim a warranty?

Not always. It depends on the store or the manufacturer’s policy. Some businesses accept an Affidavit of Loss together with other proof of purchase (like credit card records, bank statements, or the item’s serial number). Always inquire about specific store or warranty requirements.

2. Do I need a police report if I just lost the receipt at home?

Typically, a police report is not required unless there was a crime involved (like theft, burglary, or robbery). However, certain insurers or government offices might request one. Check the requirements of the entity that needs the Affidavit of Loss.

3. How much does notarization cost?

Notarial fees vary based on location, the notary public’s discretion, and the complexity of the affidavit. Commonly, standard affidavits cost PHP 100–500 or more to notarize.

4. Can someone else notarize the document on my behalf?

No. The affiant (the person who lost the receipt) must personally appear before the notary public with valid identification, because an affidavit is a sworn statement by the affiant.

5. What if I later find the lost receipt after filing the affidavit?

If you find the receipt, inform the entity to which you submitted the affidavit. You may need to execute a supplemental statement or affidavit clarifying that the original receipt has been located. However, the previously notarized affidavit remains in the public record.


8. Practical Tips

  1. Maintain a Digital Archive

    • Scanning or taking a clear photo of your receipts can save you trouble if the physical copy is lost. Many companies now accept digital or email confirmations alongside an affidavit, depending on their policy.
  2. Organize Your Warranty Documents

    • Attach receipts to warranty booklets and store them in a specific folder. Keep duplicates if possible.
  3. Inquire About Store Policies

    • Before making major purchases, ask the store about their policy if the original receipt is lost. Some might offer digital receipts or membership purchase records, which could eliminate the need for an Affidavit of Loss.
  4. File the Affidavit Promptly

    • If you know you need to make a claim or a return, do not delay drafting the affidavit. Processing times in some offices can be long, so file it as soon as possible.

9. Conclusion

An Affidavit of Loss is a simple yet powerful legal instrument in the Philippines for formally declaring that you have lost an important document, such as a purchase receipt. It is widely accepted by stores, service centers, government agencies, and insurance companies to demonstrate good faith and compliance with procedural requirements. Ensuring that your affidavit is complete, accurate, and properly notarized is crucial for it to serve its intended purpose.

While drafting and filing an Affidavit of Loss is generally straightforward, do not hesitate to consult a lawyer, especially if the lost document is of high value or if legal disputes may arise. Always remember that honesty and clarity in the affidavit are paramount, as false statements under oath can lead to legal repercussions.


Disclaimer: This article is for general information purposes only and does not constitute legal advice. For specific concerns or personalized guidance, consult a qualified attorney in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.