Letter to a Lawyer

Dear Attorney,

I hope this letter finds you well. I am writing to seek your advice on a legal matter concerning the preparation of an Affidavit of Loss. Recently, I lost a personal document that holds significance, and I understand that an Affidavit of Loss is required to report this matter formally and to facilitate the replacement of the lost document.

Could you kindly guide me on the proper process, legal requirements, and other details involved in obtaining an Affidavit of Loss in the Philippines? Your assistance will be greatly appreciated.

Sincerely,
A Concerned Citizen

Legal Guide on Obtaining an Affidavit of Loss in the Philippines

An Affidavit of Loss is a legal document used to declare that a specific item, document, or property has been lost. It is often required by banks, government offices, private institutions, and other organizations to process replacements or remedies related to the lost item. Below is a comprehensive discussion of the processes, requirements, and legal considerations when preparing an Affidavit of Loss in the Philippines.

1. What Is an Affidavit of Loss?

An Affidavit of Loss is a sworn statement executed under oath by the person who has lost an item or document. It provides a detailed account of the circumstances of the loss, serving as evidence to support applications for replacements or to relieve liability for the loss.

Key Elements of an Affidavit of Loss

Personal Information: The affidavit must include the affiant’s full name, address, and other identifying information.
Description of the Lost Item: It must clearly identify the lost item, whether it is a document (e.g., a passport, ID, bankbook) or a piece of property (e.g., a vehicle registration).
Circumstances of the Loss: A factual narration of how and when the loss occurred should be included. If the details are unknown, it must be explicitly stated.
Efforts to Locate the Item: Any actions taken to retrieve the lost item (e.g., contacting authorities or searching specific areas) should be mentioned.
Declaration of Truthfulness: The affidavit must affirm that the facts stated are true and made under oath.

2. When Is an Affidavit of Loss Required?

An Affidavit of Loss is necessary in several situations, including but not limited to:

Replacement of lost government-issued IDs (e.g., driver’s license, PRC ID, or postal ID).
Re-issuance of official documents (e.g., contracts, certificates, bank passbooks, or receipts).
Reporting the loss of property to relieve oneself of liability (e.g., lost company property or vehicle license plates).
Applications for duplicate copies of lost securities, title deeds, or business permits.

3. Steps to Obtain an Affidavit of Loss

Step 1: Draft the Affidavit

You may write the Affidavit of Loss yourself or seek assistance from a lawyer. While pre-drafted templates are available online, having the document prepared by a professional ensures its accuracy and validity.

The affidavit should include:

The date and location of execution.
A title (e.g., “Affidavit of Loss”).
A detailed narrative of the facts surrounding the loss.
Your affirmation of good faith and truthfulness.
A closing statement declaring that you are making the affidavit voluntarily.

Step 2: Notarization

Under Philippine law, an affidavit must be notarized to be legally valid. This involves presenting the document to a notary public, who will:

Verify your identity using a valid government-issued ID.
Ensure that you voluntarily signed the document and understand its contents.
Administer an oath affirming the truthfulness of the affidavit.

The notary will stamp and sign the affidavit, officially converting it into a public document.

4. Legal Considerations

Validity and Use

An Affidavit of Loss is valid indefinitely unless it pertains to time-sensitive transactions (e.g., replacing IDs or securities with expiration dates). It must be presented to the relevant institution or agency as part of their specific requirements.

Penalties for False Statements

Making a false statement in an Affidavit of Loss constitutes perjury under Article 183 of the Revised Penal Code, punishable by imprisonment. Institutions often verify the circumstances of the loss before acting on the affidavit.

Non-Transferability

The affidavit pertains exclusively to the affiant. If a lost item involves multiple owners (e.g., joint bank accounts), all co-owners must execute their own affidavits or sign a joint affidavit.

5. Frequently Asked Questions (FAQs)

Can I use an Affidavit of Loss as proof of identity?

No, an Affidavit of Loss is not an ID but serves as evidence to justify the replacement of a lost ID or document.

What documents should accompany an Affidavit of Loss?

Additional requirements may include:

A police report, if the item was stolen.
Valid government-issued ID for identity verification.
Receipts or previous copies of the lost document, if available.

Is it necessary to report the loss to the police?

While not always mandatory, reporting theft or loss of critical items (e.g., a passport or company-issued equipment) may strengthen your affidavit’s credibility.

6. Example of an Affidavit of Loss

Affidavit of Loss

I, [Name of Affiant], of legal age, Filipino, and a resident of [Address], after being duly sworn in accordance with law, depose and state:

That I am the owner of [describe the lost item].
That on or about [date], I discovered that the said [item] was lost while [describe circumstances].
That despite diligent efforts to locate the same, I was unable to recover it.
That I am executing this affidavit to attest to the loss of the aforementioned [item] and to request [state purpose, e.g., replacement or cancellation].

IN WITNESS WHEREOF, I have hereunto set my hand this [date] in [location].

[Signature of Affiant]
[Printed Name of Affiant]

SUBSCRIBED AND SWORN to before me this [date] in [location], affiant exhibiting to me his/her valid ID, [ID number and type].

[Notary Public]
[Commission Details]

7. Costs and Timeline

Costs

Drafting Fees: A lawyer may charge ₱500–₱2,000 depending on complexity.
Notary Fees: Typically ₱200–₱500.

Timeline

Preparation and notarization can typically be completed within a single day. However, processing times for replacement documents depend on the institution involved.

8. Conclusion

Obtaining an Affidavit of Loss is a straightforward process that ensures accountability and facilitates the replacement of lost items. While it may seem procedural, adhering to legal requirements is essential to avoid disputes or delays. It is advisable to consult a lawyer for assistance in drafting or reviewing your affidavit to ensure its validity and accuracy.

If you are in doubt about any aspect of preparing an Affidavit of Loss, professional legal advice will provide clarity and peace of mind.