Introduction

In the Philippines, losing a passport can be a stressful experience, as it serves not only as a travel document but also as a primary form of identification. Under Philippine law, individuals who lose their passports are required to execute an Affidavit of Loss as part of the process to report the incident and apply for a replacement. This affidavit is a sworn statement detailing the circumstances surrounding the loss, serving as an official declaration to authorities. It is a critical legal document that helps prevent identity theft, fraud, and misuse of the lost passport while facilitating the issuance of a new one.

This article provides an exhaustive overview of the Affidavit of Loss in the context of a lost Philippine passport, including its purpose, legal foundations, preparation process, required elements, potential consequences of non-compliance, and related procedures. It is grounded in Philippine legal principles and administrative requirements, particularly those enforced by the Department of Foreign Affairs (DFA) and other relevant government agencies.

Legal Basis and Purpose

The requirement for an Affidavit of Loss stems from Philippine administrative and civil law frameworks. Key legal references include:

Republic Act No. 8239 (Philippine Passport Act of 1996): This law governs the issuance, renewal, and replacement of Philippine passports. Section 10 mandates reporting the loss of a passport to the DFA or the nearest Philippine consulate/embassy abroad. The affidavit serves as evidence of this report and is essential for canceling the lost passport to invalidate it for any unauthorized use.
Civil Code of the Philippines (Republic Act No. 386): Articles 559 and related provisions on loss of movable property imply the need for formal declaration to establish the owner's diligence and to protect against liability for any misuse.
Notarial Law (2004 Rules on Notarial Practice): Affidavits must be notarized to have probative value, ensuring they are executed under oath before a notary public, which adds legal weight and authenticity.

The primary purposes of the Affidavit of Loss are:

To officially notify authorities of the passport's loss, triggering its cancellation in the DFA's database.
To absolve the owner from potential liability if the lost passport is used for illegal activities, such as human trafficking, identity fraud, or unauthorized travel.
To fulfill documentary requirements for passport replacement, ensuring the applicant is not attempting to hold multiple passports unlawfully.
To assist in investigations if the loss involves theft or other crimes.

Failure to execute and submit this affidavit can result in delays in passport replacement, potential fines, or even criminal charges under laws against perjury (if false statements are made) or negligence in reporting lost government-issued documents.

When and Why an Affidavit of Loss is Required

An Affidavit of Loss is mandatory whenever a Philippine passport is lost, whether within the country or abroad. This includes scenarios such as:

Accidental loss (e.g., misplaced during travel).
Theft or robbery.
Damage rendering the passport unusable (though technically, severe damage may require a different affidavit, loss covers disappearance).

It is not required for expired passports or those voluntarily surrendered, but specifically for involuntary loss. For minors or incapacitated individuals, the affidavit may be executed by a parent, guardian, or legal representative.

If the loss occurs abroad, the affidavit must be executed before a Philippine consular officer, who acts as a notary. Domestically, it is done before a licensed notary public.

Step-by-Step Procedure for Reporting a Lost Passport and Executing the Affidavit

The process involves several steps to ensure compliance with DFA protocols:

Immediate Reporting to Authorities:
- File a police report (Blotter Entry) at the nearest police station. This should detail the circumstances of the loss, including date, time, location, and any witnesses. The police report is a prerequisite for the affidavit and passport replacement.
- If abroad, report to local police and then to the Philippine embassy or consulate.
Preparation of the Affidavit of Loss:
- Draft the affidavit yourself or seek assistance from a lawyer, notary, or legal aid office. It must be typewritten or printed clearly on legal-sized paper.
- Key elements to include (as per standard notarial requirements):
  - Personal details: Full name, age, civil status, address, and passport details (number, issuance date, place of issuance).
  - Narrative of loss: A factual account of how, when, and where the passport was lost, without speculation.
  - Declaration of truthfulness: A statement affirming the facts under oath, with awareness of perjury penalties.
  - Purpose: Explicitly state that the affidavit is for reporting the loss and applying for a replacement passport.
- Attach supporting documents if available, such as photocopies of the lost passport (if any) or identification cards.
Notarization:
- Present the draft to a notary public along with valid IDs (e.g., driver's license, voter’s ID). Pay the notarial fee (typically PHP 100-200).
- Sign the affidavit in the notary's presence. The notary will affix their seal, signature, and notarial details.
Submission to DFA:
- Schedule an appointment via the DFA's online portal (passport.gov.ph) for passport replacement.
- Bring the original notarized Affidavit of Loss, police report, birth certificate (NSO/PSA authenticated), and other requirements like marriage certificate (if applicable), IDs, and application form.
- Pay the processing fee (PHP 1,200 for regular processing, PHP 950 for express, plus additional for lost passport penalty of PHP 350).
Processing and Issuance:
- The DFA verifies the affidavit and cancels the lost passport.
- Replacement processing takes 20-30 working days (regular) or 10-15 (express).
- For first-time losses, no additional penalties beyond the fee; repeated losses may trigger scrutiny or denial.

For overseas Filipinos, the process is similar but handled by the Philippine Overseas Labor Office (POLO) or consulate, with the affidavit often prepared on-site.

Sample Format of an Affidavit of Loss

Below is a standard template for an Affidavit of Loss for a lost passport. This is for illustrative purposes; consult a legal professional for customization.

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF ________) S.S.

AFFIDAVIT OF LOSS

I, [Full Name], of legal age, [civil status], Filipino, and a resident of [Address], after having been duly sworn in accordance with law, do hereby depose and state:

That I am the lawful owner/holder of Philippine Passport No. [Passport Number], issued on [Date of Issuance] at [Place of Issuance] by the Department of Foreign Affairs.
That on or about [Date of Loss], at [Location], said passport was lost under the following circumstances: [Detailed narrative, e.g., "While commuting via public transportation, my bag containing the passport was stolen by unknown persons."].
That despite diligent search and efforts, I have not been able to locate or recover the said passport.
That I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of reporting the loss to the Department of Foreign Affairs and applying for a replacement passport.
That I further declare that should the lost passport be found, I shall immediately surrender it to the DFA.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Place].

[Signature]
[Full Name]
Affiant

SUBSCRIBED AND SWORN to before me this [Date] at [Place], affiant exhibiting to me his/her [ID Type and Number], issued on [Date] at [Place].

[Notary Public's Details]
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].

Additional Requirements and Considerations

For Minors: The affidavit must be signed by the parent/guardian, with additional documents like the child's birth certificate.
Repeated Losses: The DFA may require an explanation or additional affidavits for multiple incidents, suspecting negligence or fraud.
Validity and Copies: The affidavit is valid indefinitely for its purpose but prepare multiple originals/copies for submission.
Fees and Penalties: Beyond notarial fees, a PHP 350 penalty is imposed for lost passports (doubled for e-passports if tampered).
Legal Consequences: Falsifying the affidavit constitutes perjury under Article 183 of the Revised Penal Code, punishable by arresto mayor (1-6 months imprisonment) or fines.
Data Privacy: Information in the affidavit is protected under Republic Act No. 10173 (Data Privacy Act), but shared with law enforcement if needed.
Alternatives if Passport is Found: If recovered before replacement, submit an Affidavit of Recovery to reinstate it.

Tips, Warnings, and Best Practices

Act promptly: Report within 72 hours to minimize risks.
Keep records: Photocopy your passport and store digitally.
Avoid DIY without guidance: Errors in the affidavit can lead to rejection.
For urgent travel: Expedited processing is available, but lost passports delay this.
Preventive measures: Use passport holders, avoid high-risk areas, and consider travel insurance covering document loss.
Common pitfalls: Incomplete narratives or missing police reports often cause delays.

Conclusion

The Affidavit of Loss is an indispensable tool in the Philippine legal and administrative system for handling lost passports, ensuring accountability, security, and efficient replacement. By understanding and following the outlined procedures, individuals can navigate this process smoothly, mitigating potential complications. Always prioritize accuracy and honesty in declarations to uphold the integrity of Philippine documentation systems. For personalized advice, consult the DFA or a qualified attorney.