[Letter to Attorney]
Dear Attorney,
I am writing to seek your legal advice and assistance regarding the preparation of an affidavit of loss for my ATM card. Recently, I discovered that my ATM card went missing, and I am aware that before my bank can issue a replacement or take any further action, I will likely need to execute a duly notarized affidavit of loss. I understand that such an affidavit must comply with the relevant legal requirements under Philippine law, and I would greatly appreciate your guidance on the matter. I wish to ensure that my affidavit is accurate, comprehensive, and properly executed so that I can proceed with confidence in informing the bank and safeguarding my financial interests.
As someone who is concerned about protecting my privacy and fully adhering to the protocols required by financial institutions and Philippine legal standards, I would like to know what information must be included in the affidavit of loss, how to properly structure it, and what considerations to keep in mind to avoid any potential legal complications. I have made certain to exclude any identifying information that might be privileged or violate confidentiality rules, as I am merely seeking general advice on how to move forward.
Thank you very much for your expert assistance and attention to detail. I appreciate any insights, guidance, or instructions you can provide on drafting a valid and enforceable affidavit of loss for my missing ATM card.
Sincerely,
A Concerned Bank Account Holder
A LEGAL ARTICLE ON AFFIDAVITS OF LOSS FOR ATM CARDS IN THE PHILIPPINES: A COMPREHENSIVE ANALYSIS
Introduction
In the Philippines, the execution of an affidavit of loss is a common and necessary procedure when dealing with lost documents, identification cards, financial instruments, or other valuable items, including Automated Teller Machine (ATM) cards issued by banks. An ATM card is a critical banking tool that provides access to one’s funds through automated teller machines and, at times, point-of-sale transactions. Once such a card goes missing—whether due to theft, misplacement, or accidental damage rendering it irretrievable—reporting its loss to the issuing bank is imperative to prevent unauthorized transactions and to initiate the process of obtaining a replacement card. One indispensable requirement in this process is the submission of an affidavit of loss.
The affidavit of loss serves as a written, sworn statement attesting to the fact and circumstances of the loss. In Philippine jurisprudence and practice, affidavits of loss are commonly required not only by banks but also by various institutions, government agencies, and private entities that issue critical documents or items. The core purpose of this legal instrument is to formally establish the incident of loss under oath, thereby allowing the concerned institution to update its records, cancel the lost item, and issue a replacement where applicable.
Legal Framework Governing Affidavits in the Philippines
The execution of affidavits, including affidavits of loss, is governed by the Revised Rules on Evidence and relevant statutes that specify the proper form and manner of notarization. Although the affidavit of loss itself is not codified in a single, specific statute dedicated solely to lost ATM cards, its form and validity rely on established legal principles. Under Philippine law, an affidavit must be executed by a person with firsthand knowledge of the facts therein, must be reduced into writing, and must be sworn before a notary public or any other person authorized to administer oaths.
Article 183 of the Revised Penal Code criminalizes perjury—the willful and corrupt assertion of falsehood under oath—emphasizing that the contents of an affidavit must be truthful and accurate. The notarization process provides an extra layer of authenticity and credibility to the affidavit. Because affidavits often serve as a vital piece of documentary evidence, ensuring their correctness and veracity is paramount. Once executed and notarized, an affidavit of loss becomes a legally binding statement, making the affiant potentially liable should it be proven that the statements contained therein are intentionally false.
Why Affidavits of Loss are Necessary for Lost ATM Cards
When a depositor loses an ATM card, banks in the Philippines typically require the submission of an affidavit of loss as part of their internal protocol. This document helps the bank verify the circumstances under which the card disappeared and protects it from future claims. It also helps prevent complications that may arise if the lost card is found and subsequently used by unauthorized third parties. By requiring an affidavit of loss, the bank establishes a formal, legally recognized declaration from the depositor that the card is no longer in their possession, effectively prompting the bank to invalidate that particular ATM card number and issue a replacement.
Without an affidavit of loss, a bank may encounter difficulties determining the legitimacy of the claim. An affidavit compels the affiant to be truthful due to the legal repercussions of perjury. For the depositor, this is an essential step toward securing one’s finances, ensuring the bank takes prompt remedial actions—such as issuing a new card and updating their records—and mitigating any potential unauthorized access to one’s account.
Key Elements of a Proper Affidavit of Loss
Title and Heading: The affidavit should bear a descriptive heading, for example, “Affidavit of Loss of ATM Card.” This clearly identifies the nature of the document.
Affiant’s Personal Details: The affiant (the person executing the affidavit) should provide sufficient personal details to establish their identity. Typically, this includes full name, nationality, address, age, civil status, and a government-issued identification number. While the actual affidavit may specify details such as a postal address, it should not contain excessive or unnecessary personal information that could compromise privacy or security.
Description of the Lost Item: Provide a clear and concise description of the lost ATM card, including the name of the issuing bank (if required and permissible), the type of card (ATM or debit card), and any partial identifying features such as the last four digits of the card number. Full card numbers are often avoided for security reasons.
Circumstances of Loss: State the approximate date, time, and place when the affiant discovered that the ATM card was missing, as well as any relevant circumstances or events that led to the loss. For example, the affiant might indicate that they noticed the absence of the card after a certain event or upon returning home from a particular errand.
Actions Taken Upon Discovery: The affidavit should mention any immediate actions taken by the affiant upon discovering the loss, such as contacting the bank’s customer service hotline to report the missing card and request a temporary hold on the account. If a police report was filed or other protective measures were taken, these may also be noted.
Statement of Truthfulness: Affirm under oath that the facts stated are true and correct to the best of the affiant’s knowledge. This is crucial to establish the credibility and authenticity of the affidavit.
Notarization: The affidavit must be signed by the affiant in the presence of a duly commissioned notary public. The notary will verify the affiant’s identity, witness the signing, and affix the notarial seal and signature. This process transforms the written statement into a legally binding affidavit.
The Notarization Process in the Philippines
Notarization involves presenting the signed document to a notary public, who must ensure that the affiant personally appeared, presented a valid government-issued ID, and signed the affidavit voluntarily without any coercion. The notary public records the affidavit in the notarial register, assigns a unique document number and page number, and then attaches the notarial seal. The completed notarized affidavit is considered a public document, carrying significant weight in legal and administrative proceedings.
Notaries in the Philippines are lawyers who have been commissioned by the appropriate authority to perform notarial acts. They have a duty to observe due diligence to prevent fraud and misrepresentation. Thus, they will refuse to notarize an affidavit if they suspect it contains untrue statements or if the affiant fails to appear personally to acknowledge the document.
The Legal Consequences of False Statements
Falsifying an affidavit of loss can lead to serious legal repercussions. As previously mentioned, perjury is punishable under Philippine law. An affiant who knowingly includes falsehoods in the affidavit may face criminal charges. Additionally, providing misleading or inaccurate information to one’s bank can lead to contractual repercussions, denial of claims, or even account closure. Hence, honesty and accuracy are paramount.
Practical Tips for Preparing an Affidavit of Loss of an ATM Card
Draft the Affidavit in Clear Language: Use plain and understandable English or Filipino. Avoid legal jargon unless it is necessary. The focus should be on clarity and correctness of details.
Be Specific but Concise: Include only relevant information. Do not omit essential details, but avoid speculative or irrelevant statements that may confuse the issue.
Check Bank Requirements: Some banks may have their own template or formatting requirements. Before finalizing the affidavit, verify if the institution has specific instructions.
Secure a Replacement as Soon as Possible: After executing the affidavit and submitting it to the bank, follow up on the request for a replacement ATM card. Often, the process is straightforward once the affidavit of loss is provided.
Maintain a Copy for Personal Records: Keep a copy of the notarized affidavit of loss. Should any future disputes or inquiries arise, having a personal copy may prove helpful.
Sample Template of an Affidavit of Loss of ATM Card
(Note: This is a generic template. Actual forms may vary depending on specific bank requirements and notary practices. Adjust and fill in the details as appropriate.)
AFFIDAVIT OF LOSS
I, [Full Name of Affiant], of legal age, [Nationality], [Civil Status], and presently residing at [Complete Address], after having been duly sworn in accordance with law, do hereby depose and state that:
I am the owner and lawful holder of an ATM card issued by my banking institution.
Sometime on or about [Date], I discovered that my ATM card was missing. Prior to that date, the ATM card was in my possession and was last seen by me at [Brief Description of Place or Event].
I have made diligent efforts to locate the said ATM card, but to no avail. I am unable to determine the current whereabouts of the card, and I believe that it may have been lost or misplaced through inadvertence.
Immediately upon discovering the loss, I contacted the customer service hotline of my bank to report the missing ATM card and request that appropriate measures be taken to prevent any unauthorized use. I have also taken any other reasonable steps, as may be necessary, to secure my account.
I am executing this affidavit of loss to attest to the truth of the foregoing facts, to comply with the bank’s requirements for the replacement of the lost ATM card, and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _______, 20, at [City], Philippines.
[Affiant’s Signature]
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of _______, 20, at [City], Philippines, affiant personally appeared and exhibited to me his/her [Valid Government-Issued ID, ID No., and Expiry Date].
Notary Public
Doc No. ____;
Page No. ____;
Book No. _;
Series of 20.
Special Considerations
Data Privacy: When drafting the affidavit, be conscious of not disclosing unnecessary personal data. Although the affidavit requires certain identifying details, limit the information to what is necessary to establish your identity and the specifics of the lost card.
Confidentiality of Banking Information: Avoid mentioning full account numbers or other sensitive financial details in the affidavit. The bank can cross-reference the last few digits of the card with its internal records without the need to include complete confidential data.
Prompt Reporting to the Bank: Do not delay the execution of the affidavit of loss. Prompt reporting and submission of the affidavit can mitigate the risk of unauthorized transactions.
Legal Assistance: While affidavits of loss are relatively straightforward documents, consult a lawyer if you are uncertain about the details or have encountered unusual circumstances. Legal advice ensures that you meet all requirements and avoid inadvertently including statements that may later be contested.
Legal Precedents and Case Law
Although affidavits of loss are routine documents, Philippine jurisprudence has occasionally addressed their significance in cases where the authenticity or validity of certain documents came into question. While these cases may involve different types of lost documents (e.g., titles, contracts), the underlying principle remains consistent: an affidavit of loss, being a sworn statement, is accorded evidentiary weight if executed properly and truthfully. Courts generally accept properly notarized affidavits of loss as prima facie evidence that the item is indeed missing, shifting the burden of proof to parties contesting the claim to show otherwise.
In banking disputes, affidavits of loss can also play a role in resolving issues related to unauthorized withdrawals. If a depositor claims that certain withdrawals were made without their knowledge after the alleged loss of an ATM card, the affidavit of loss, together with timely reporting to the bank, can strengthen the depositor’s position by showing diligence in safeguarding account security.
Regulatory and Institutional Guidelines
Apart from legal stipulations, individual banks and financial institutions may have internal guidelines or policies regarding affidavits of loss. These policies are designed to protect both the institution and its clients. Some banks may provide a standardized affidavit form, while others may accept a duly notarized affidavit conforming to general legal standards. It is advisable to inquire directly with the bank’s customer service or the branch manager about any specific instructions before finalizing and notarizing your affidavit.
Conclusion
Drafting and executing an affidavit of loss for a missing ATM card in the Philippines is a prudent and necessary step in safeguarding one’s financial interests. By understanding the essential elements, adhering to legal protocols, and ensuring the affidavit’s truthfulness, you can navigate the process with confidence. The affidavit of loss not only serves as an official declaration of the missing card but also helps the issuing bank update its records, prevent fraud, and facilitate the issuance of a replacement card.
In sum, the process involves: (1) identifying and describing the lost ATM card and the circumstances surrounding its disappearance; (2) executing a sworn statement, ensuring the integrity and truthfulness of the declarations therein; and (3) having the affidavit notarized by a duly commissioned notary public. Complying with these requirements and presenting the notarized affidavit to the bank will allow you to move forward with the process of replacing your lost ATM card and maintaining the security of your account.