How to Prepare an Affidavit of Loss for Passport Renewal

How to Prepare an Affidavit of Loss for Passport Renewal in the Philippines

Losing your Philippine passport can be both stressful and inconvenient. One crucial step in reapplying or renewing a lost passport is submitting an Affidavit of Loss. This sworn document formally declares the circumstances of the loss and serves as a key requirement for the Department of Foreign Affairs (DFA) and other government authorities. Below is a comprehensive guide on preparing and filing an Affidavit of Loss specifically for passport renewal in the Philippine context.

1. What Is an Affidavit of Loss?

An Affidavit of Loss is a sworn statement executed under oath by the person who lost the item (in this case, a passport). It outlines the details surrounding the loss—when, where, and how it was lost—and confirms that despite a diligent search, the item has not been found. This legal document helps protect you against fraudulent or unauthorized use of the lost passport and forms part of the documentation required for passport replacement.

Key Elements of an Affidavit of Loss

  1. Title: Usually labeled as “Affidavit of Loss.”
  2. Personal Details of the Affiant: The affiant’s (declarant’s) full legal name, age, civil status, citizenship, and address.
  3. Statement of Facts: A clear and concise narration of when, where, and how you lost your passport, including relevant circumstances.
  4. Declaration of Search Efforts: A statement confirming you made a diligent search but still couldn’t find the passport.
  5. Statement of Good Faith: A declaration that the affidavit is executed truthfully for the purpose of getting a replacement or renewal.
  6. Date and Place of Execution: The location and date when the affidavit is signed.
  7. Signature of the Affiant: Your signature to confirm the truth of the statements.
  8. Notarial Acknowledgment/Jurat: The notary public’s acknowledgment indicating you took an oath or affirmation before them.

2. When Do You Need an Affidavit of Loss for a Passport?

You typically need an Affidavit of Loss if:

  1. Your Passport is Lost or Stolen
    • If you cannot present your old or current passport for renewal because it’s lost or stolen, an Affidavit of Loss is mandatory.
  2. Your Passport is Damaged Beyond Use
    • If a passport is so badly damaged that it is effectively lost (e.g., missing pages, unreadable information), you may also be required to provide a notarized affidavit explaining the circumstances of the damage.

Note: If your passport was stolen, you should also secure a police report from the local police station where the theft occurred. This supports the Affidavit of Loss and can help prevent identity fraud.

3. Legal Basis and Requirements from the Philippine DFA

3.1 Philippine Passport Act of 1996 (R.A. 8239)

Under Republic Act No. 8239, also known as the Philippine Passport Act of 1996, the Department of Foreign Affairs (DFA) has the authority to issue, cancel, or renew Philippine passports. While the law does not spell out every procedural requirement, it grants DFA the power to issue regulations for passport applications, including cases involving lost passports.

3.2 DFA Guidelines and Consular Instructions

The DFA’s official website and consular offices provide guidelines for lost passport replacement, which usually include:

  1. Submission of Affidavit of Loss (notarized)
  2. Police Report (if stolen)
  3. Additional Penalties or Fees: Lost passports typically incur an additional payment or penalty.
  4. Additional Processing Time: Lost passport replacement may take longer than standard renewals because of verification processes.

It is always best to check the DFA official website or Passport Appointment System for the latest fees and requirements, as these can change without prior notice.

4. Step-by-Step Guide to Preparing the Affidavit of Loss

4.1 Drafting the Affidavit

  1. Title: Write “Affidavit of Loss” at the top, centered or in bold letters.
  2. Introductory Paragraph:
    • State your name, age, civil status, citizenship, and address.
    • Insert a line such as “I, (Your Full Name), of legal age, Filipino, single/married, with residence at (Your Address), after having been duly sworn in accordance with law, depose and say:”.
  3. Narration of Facts:
    • Clearly describe how you lost your passport:

      “On or about (Date), while traveling/commuting/shopping at (Location), I noticed that my passport was no longer in my possession….”

    • If it was stolen, mention that the loss was discovered under suspicious circumstances, or mention details from the police blotter/report.
  4. Declaration of Good Faith and Request for Replacement:
    • Insert a statement to confirm that you have not found the passport despite diligent efforts to locate it.
    • Affirm that you are executing the affidavit to comply with DFA requirements for passport renewal or replacement.
  5. Affiant’s Signature:
    • Provide space for your signature above your printed name.
  6. Jurat/Notarial Section:
    • Leave space for the notary public to sign and affix their notarial seal. This typically reads:

      “SUBSCRIBED AND SWORN TO before me this ___ day of _, 20, affiant exhibited to me his/her government-issued ID (or any valid ID), issued on ______ at ______.”

4.2 Having the Affidavit Notarized

  1. Find a Notary Public:
    • Go to a reputable notary public office, law firm, or a standalone notary near your location.
  2. Present Valid ID:
    • The notary public will require at least one (1) valid government-issued ID to confirm your identity.
  3. Sign Before the Notary:
    • You must sign the affidavit in the notary’s presence (or at least acknowledge that the signature is yours).
  4. Payment of Notarial Fee:
    • Notarial fees in the Philippines can range from around PHP 100 to PHP 300 or more, depending on location and the notary’s rates.
  5. Obtain Notarized Copy:
    • The notary will stamp or seal and sign the document. Always keep the original notarized affidavit and photocopies for reference.

5. Submitting the Affidavit of Loss for Passport Renewal

Once you have the notarized Affidavit of Loss, you can proceed with the passport renewal or replacement process:

  1. Schedule an Appointment with the DFA
    • Visit the official DFA website (passport.gov.ph) to schedule an online appointment for passport application or renewal. Ensure that you choose the “Lost Passport” category if available.
  2. Prepare Other Required Documents
    • Valid IDs: Government-issued IDs (e.g., driver’s license, SSS, GSIS, PRC, voter’s ID).
    • Birth Certificate or Previous Passport (if you have another form of valid documentation).
    • Marriage Certificate (for married women, if you are updating your last name).
    • Police Report (if passport was stolen).
  3. Attend the Appointment
    • Bring your Affidavit of Loss, all IDs, and other supporting documents.
    • Expect to pay any applicable penalties or additional fees.
  4. Verification and Biometrics
    • DFA staff will verify your documents and request biometrics (fingerprinting and photo capture).
  5. Waiting Period
    • Processing for lost passport replacements can take longer than standard renewals. Be prepared for potential delays.
  6. Claiming the Passport
    • Return on your scheduled release date or track your passport status if courier delivery is chosen.

6. Potential Penalties and Additional Considerations

  1. Additional Fee or Penalty
    • The DFA may charge extra fees for replacing a lost passport, often referred to as a “penalty fee.” Check the latest fee schedule at passport.gov.ph.
  2. Longer Processing Time
    • Replacements for lost passports typically require additional verification and may be subject to a 15-day clearing period or more.
  3. Honesty in Declaration
    • Ensure that all information in the Affidavit of Loss is accurate. Submitting false statements can lead to legal consequences, such as perjury.
  4. Police Report if Stolen
    • While not mandatory in every instance of loss, a police report is strongly advised if there is any indication of theft or foul play. This helps protect you from identity theft or fraudulent activities using your lost passport.

7. Frequently Asked Questions (FAQs)

7.1 Can I Use a Template for the Affidavit of Loss?

Yes. Many law offices or notary publics have standard templates. You can also find sample formats online. Ensure the template is Philippine-compliant and includes all essential elements (facts of the loss, your identity, date, signature, etc.).

7.2 Do I Need a Lawyer to Prepare the Affidavit?

You do not necessarily need a lawyer; you can prepare the affidavit yourself. However, if you have complex circumstances, consulting a lawyer may help ensure all necessary details and legal considerations are covered.

7.3 Is a Police Report Always Required?

A police report is typically not always required for every lost passport but is highly recommended if there is any possibility of theft or criminal involvement. Some DFA offices may ask for it for additional verification.

7.4 How Long Does Passport Replacement Usually Take?

The usual DFA processing time for passport renewals (7-15 working days for regular processing) can be longer for lost passports, sometimes 15 working days or more due to verification.

7.5 How Much Is the Penalty for a Lost Passport?

It varies and can range from PHP 350 to PHP 600 or higher, depending on current DFA regulations. Always check the latest fee schedule on the DFA website or inquire directly at your appointment.

8. Important Reminders

  1. Do Not Forget Your Supporting Documents: Failing to present required IDs or a notarized Affidavit of Loss can lead to delays.
  2. Keep Photocopies: Always keep photocopies of your Affidavit of Loss, IDs, police report (if any), and other documents for your own records.
  3. Avoid Fraud: Falsifying information on an affidavit is a criminal offense. Ensure the accuracy and truthfulness of your statements.
  4. Stay Updated: Laws, regulations, and fees change over time. Regularly check the official DFA website or call their helpline for the most current information.

9. Conclusion

Preparing an Affidavit of Loss for a lost Philippine passport is a straightforward but critical step in obtaining a new or renewed passport. By outlining the circumstances of the loss, swearing to its truthfulness, and having the document duly notarized, you satisfy one of the main requirements set by the Department of Foreign Affairs. Always double-check the latest guidelines and fees, and if in doubt, consider seeking legal advice or clarifications from the DFA to ensure a smooth and hassle-free passport application process.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns, always consult an attorney or the Department of Foreign Affairs directly for the most accurate and up-to-date guidelines.

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

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