Letter to Attorney

Dear Attorney,

Good morning. I hope this message finds you well. I am writing to seek your professional advice regarding the process of obtaining an affidavit of loss. I recently lost my ATM card, and I understand that an affidavit of loss is a necessary document for reporting the incident and initiating the replacement process with my bank.

Could you kindly provide detailed guidance on the specific requirements and procedures involved? I also wish to know any additional information that might help streamline the process. Your expertise on this matter would be greatly appreciated.

Thank you in advance for your assistance.

Sincerely,
A Concerned Individual

Affidavit of Loss: Everything You Need to Know Under Philippine Law

An Affidavit of Loss is a sworn document prepared to formally declare the loss of an item, such as an ATM card, and is often required for replacing important documents or items. This article provides a comprehensive overview of the requirements, legal implications, and procedures involved in drafting, submitting, and using an affidavit of loss in the Philippines.

What Is an Affidavit of Loss?

An affidavit of loss is a notarized statement made by an individual under oath, asserting that a specific item or document has been lost. The document serves as a formal declaration and proof of the loss, particularly when it is required by institutions such as banks, government agencies, or private entities for replacement purposes.

Under Philippine law, an affidavit of loss holds probative value as evidence in legal and administrative processes, provided it is duly notarized and the statements contained within are truthful.

Key Elements of an Affidavit of Loss

An affidavit of loss must include the following essential elements:

Declarant’s Personal Information
- Full name
- Citizenship
- Address
- Contact information
Detailed Description of the Lost Item
- The type of item lost (e.g., ATM card, identification document)
- The issuing entity (e.g., name of the bank for an ATM card)
- Specific details, such as the account number linked to the card, if known
Circumstances of the Loss
- The date, time, and place where the item was last seen or used
- A factual narrative describing how the item was lost (e.g., stolen, misplaced)
Declarant’s Good Faith
- A statement affirming that the loss was not due to negligence or malice, as such an admission could have implications for liability.
Declaration of Non-Use by Others
- An assurance that, to the best of the declarant’s knowledge, the lost item has not been used or tampered with by unauthorized individuals.
Oath and Acknowledgment
- The affidavit must end with a sworn statement affirming the truth of its contents, signed before a notary public.

Legal and Practical Requirements for an Affidavit of Loss

1. Drafting the Affidavit

The affidavit may be drafted personally or with the assistance of a lawyer. While templates are widely available, seeking professional legal advice ensures the document’s accuracy and appropriateness for its intended purpose.

2. Notarization

To be valid, the affidavit must be signed in the presence of a notary public, who will affix their seal and signature. The notary public will also verify the identity of the declarant by requiring government-issued identification.

3. Supporting Documents

While the affidavit is the primary requirement, institutions may also require supporting documents, such as:

A valid government-issued ID for identity verification
Proof of ownership or issuance of the lost item (e.g., a photocopy of the lost ATM card or bank statement)

Steps to Obtain an Affidavit of Loss for a Lost ATM Card

Step 1: Draft the Affidavit

Prepare a draft of the affidavit containing all essential elements listed above. Alternatively, consult a lawyer to ensure the accuracy of the document.

Step 2: Gather Required Documents

Ensure you have a valid ID and any available proof of ownership or issuance related to the lost item.

Step 3: Visit a Notary Public

Bring the completed affidavit and your supporting documents to a notary public. The notary public will:

Verify your identity
Administer your oath
Notarize the document

Step 4: Submit the Affidavit

Submit the notarized affidavit, along with any additional requirements, to the entity requesting it (e.g., your bank).

Common Scenarios and Considerations

Banking Institutions

Banks often require an affidavit of loss to:

Deactivate the lost card
Secure a replacement ATM card
Initiate fraud protection measures

Fees and Processing Times

While the cost of notarization varies, the process is generally quick, taking only a few hours. However, some banks may have additional processing times for replacing lost ATM cards.

Implications of False Statements

Filing a false affidavit is a criminal offense under Philippine law. Perjury, defined under Article 183 of the Revised Penal Code, is punishable by imprisonment. Always ensure that the affidavit’s contents are truthful and accurate.

FAQs on Affidavit of Loss

1. Is a police report required for a lost ATM card?

In most cases, banks do not require a police report unless the loss involves suspected theft or fraud. Confirm specific requirements with your bank.

2. Can I prepare the affidavit myself?

Yes, but consulting a lawyer ensures the document is precise and avoids errors that could lead to rejection.

3. How much does notarization cost?

Notarization fees in the Philippines typically range from PHP 200 to PHP 500, depending on location and the notary public.

4. What happens if my lost ATM card is used by someone else?

If unauthorized transactions occur, report the loss to your bank immediately. The affidavit of loss, combined with prompt reporting, can help minimize liability.

Conclusion

An affidavit of loss is an indispensable legal document for addressing the loss of essential items like ATM cards. While drafting the affidavit is straightforward, ensuring its compliance with legal standards is critical to avoid delays or complications. By following the steps outlined in this guide and seeking legal advice when necessary, you can navigate the process efficiently.

If you require assistance in drafting or notarizing an affidavit of loss, consult a lawyer to ensure your concerns are properly addressed and resolved.