What Are the Fees and Requirements for an Affidavit of Loss in the Philippines?

An Affidavit of Loss is a notarized document used to officially declare that a specific item or document—such as an identification card, passbook, or certificate—has been lost. This affidavit is commonly required before a person can replace or secure a re-issuance of the lost item, particularly when dealing with government agencies, banks, schools, or other institutions in the Philippines. Below is a comprehensive guide on the requirements, processes, and fees associated with executing an Affidavit of Loss in the Philippines.

1. Purpose and Uses of an Affidavit of Loss

Official Declaration: The affidavit serves as a sworn statement that you are declaring, under oath, that a certain document or item has been lost, stolen, or misplaced without wrongful or criminal intent.
Legal Protection: By stating the details of the loss under oath, you protect yourself from potential liabilities—such as fraudulent use—if the lost item is found by someone else and misused.
Prerequisite for Replacement: Many offices (e.g., the Land Transportation Office [LTO], banks, universities, or the Professional Regulation Commission [PRC]) require an Affidavit of Loss before issuing a replacement document.

2. Requirements for Executing an Affidavit of Loss

When preparing an Affidavit of Loss, you typically need the following:

Personal Information: Provide your full name, complete address, age, civil status, and citizenship.
Description of the Lost Item: Specify the item (e.g., driver’s license, bank passbook, passport, ID card) and include any identifying details such as ID numbers, account numbers, or certificate numbers.
Circumstances of Loss: State when, where, and how you discovered the loss or suspected theft. If the item was stolen, indicating the circumstances (e.g., theft, robbery) can be important.
Efforts to Locate or Recover: Although not always mandatory, it is common practice to mention any steps you have taken to find the lost item (e.g., reporting to authorities, checking lost-and-found sections).
Statement of Good Faith: Assert that the loss was not due to malicious intentions (i.e., you did not willingly dispose of or transfer the item).
Government-Issued Identification: Bring a valid government-issued ID (e.g., driver’s license, passport, UMID) to prove your identity and sign before a notary public.

Optional Attachments or Supporting Documents

Police Report: If the loss involved theft or burglary, a police report may reinforce the affidavit’s authenticity.
Proof of Ownership: For high-value items (e.g., car registration, land title documents), attach any supporting evidence showing your legal claim to the property.

3. Steps to Secure an Affidavit of Loss

Draft or Obtain a Template: You can write an affidavit yourself, use free templates available online, or consult a lawyer who can prepare it for you.
Include All Relevant Details: Make sure the affidavit clearly identifies you and the lost item.
Have the Document Notarized: The affidavit must be signed in the presence of a notary public, who will then affix their seal and signature to validate it.

4. Notarial Fees and Additional Costs

A. Standard Notarial Fees

Range of Fees: In the Philippines, notarial fees vary depending on the notary public and the location. Affidavits of Loss commonly range from PHP 100 to PHP 500. In larger cities or more established law offices, fees may be slightly higher.
Local Notary Rate Tables: The Notarial Practice Act and local Integrated Bar of the Philippines (IBP) chapters often issue recommended fee guidelines. While there is no single fixed nationwide fee, you can check the bulletin boards of notarial offices or inquire directly for standard rates.

B. Documentary Stamp Tax

DST Requirement: For certain affidavits (particularly those involving transactions of value), a nominal amount of documentary stamp tax (DST) might apply. Typically, though, a straightforward Affidavit of Loss does not incur significant DST costs—often around PHP 30 or PHP 50 worth of stamps if required.
Where to Purchase Stamps: Documentary stamps can be purchased at the Bureau of Internal Revenue (BIR) or authorized stamp vendors if the notary office does not provide them.

C. Additional Services

Attorney’s Fees: If you consult an attorney or law office to draft and review your affidavit before notarization, the professional fee may be separate from the notarial fee. This can cost anywhere from PHP 500 to PHP 1,500 or more, depending on the complexity and the lawyer’s standard rates.
Travel or Rush Fees: Some notaries or law offices may charge higher fees if you request urgent notarization or if the notary has to travel to your location.

5. Practical Tips

Check Requirements Early: Different institutions or government agencies sometimes have specific formats or clauses they want included in the affidavit. Verify with the office that requires the Affidavit of Loss before having it notarized.
Provide Accurate Details: Errors in details like ID or account numbers may invalidate the affidavit or delay the reissuance of your lost document.
Keep Extra Copies: After notarization, it’s wise to make at least two photocopies. Some offices require an original copy for submission, but you may need copies for your own records or for filing at multiple agencies.
Report Potential Fraud Immediately: If the lost document can be used for identity theft (e.g., bank documents, government IDs), notify the relevant institution or law enforcement to prevent unauthorized use.
Ask for Official Receipt: Always request an official receipt from the notarial office, particularly if you need to track your expenses or if you require documentation to claim reimbursements.

6. Legal Considerations and Disclaimers

Perjury Warning: An Affidavit of Loss is executed under oath. Providing false statements can lead to perjury charges under Philippine law.
Validity Period: In most cases, the Affidavit of Loss remains valid indefinitely, provided the facts remain true. However, some institutions may require a new affidavit if a significant amount of time has passed or if circumstances surrounding the lost item change.
Jurisdiction and Venue: Although an affidavit can be notarized by any duly authorized notary public within the Philippines, it is often advisable to have it done near where you reside or where the item was lost for ease of verification.
Consult a Lawyer if in Doubt: While an Affidavit of Loss is generally straightforward, certain situations—like lost land titles or legal documents involving property ownership—may be more complex. If you are unsure, consult a qualified attorney for legal advice.

Conclusion

Securing an Affidavit of Loss in the Philippines involves a relatively simple process but carries legal significance. By ensuring that you draft the document accurately and have it notarized properly, you can fulfill the requirements of most institutions for the replacement or reissuance of your lost item. Notarial fees commonly range from PHP 100 to PHP 500, although additional costs may apply, such as documentary stamp tax or attorney’s fees for drafting assistance.

Always remember that an Affidavit of Loss is a sworn statement, and you must be truthful in every detail provided. If your situation involves significant financial or legal implications, consult a legal professional to ensure all requirements are met and your rights are protected.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns or unusual circumstances related to an Affidavit of Loss, please consult a qualified attorney or contact the relevant government agency for authoritative guidance.