(Philippine legal and administrative context)

This article is for general information. Requirements and procedures can change through agency forms, memoranda, and frontline assessments; when a specific transaction is high-stakes (travel deadlines, immigration status, criminal exposure), consult a Philippine lawyer.

1) What this affidavit is (and what it is not)

An Affidavit of Explanation for Missing or Undeclared Passports is a sworn statement executed under oath before a notary public (or a Philippine consular officer abroad) explaining:

Why a prior passport is missing (lost, stolen, destroyed, surrendered, retained by a third party, never returned, etc.), and/or
Why a passport existed but was not declared in an application, immigration form, travel history declaration, or other official submission.

It is a species of affidavit—a written statement confirmed by oath/affirmation. In day-to-day transactions, agencies ask for it to fill factual gaps, assess risk, and document accountability when a passport record is incomplete or inconsistent.

It is not a court judgment and does not “legalize” an irregularity by itself. It does not erase possible liability if the underlying facts involve false statements, fraud, or other violations. Its value lies in truthful disclosure, clarity, and supporting evidence.

2) Why passports trigger affidavits

In the Philippines, a passport is both:

A travel document evidencing identity and nationality for cross-border movement; and
An official government document whose integrity matters for national security and anti-fraud controls.

Because passports are identity anchors, agencies treat inconsistencies seriously. A missing previous passport can conceal:

identity substitution,
multiple identities,
tampered travel history,
visa abuse or overstays,
misuse of a lost/stolen passport,
trafficking/fraud indicators.

An “undeclared passport” can raise red flags because it may suggest misrepresentation—even if the omission was accidental.

3) Common scenarios where the affidavit is requested

A. Philippine passport renewal without the old passport

Typical reasons:

passport was lost/stolen,
passport was damaged beyond presentation,
passport is in the custody of an employer/recruiter/agency and cannot be retrieved,
passport was surrendered to an embassy/consulate for visa processing and was never returned (or is still being held),
passport is with the Bureau of Immigration/authorities due to a case or compliance issue.

Agencies often require a police report (particularly for loss/theft), plus a sworn explanation.

B. Replacement after loss/theft of a Philippine passport

A lost passport is a classic trigger for an affidavit. You may see the label Affidavit of Loss, but many notaries and agencies use “affidavit of explanation” when additional narrative is needed (e.g., circumstances, timeline, and steps taken).

C. Discovery of a previously “undeclared” passport

Examples:

You previously applied for a passport or travel document and forgot to disclose an older passport (expired or cancelled).
You have (or had) a foreign passport as a dual citizen and omitted it on a form asking for other citizenships/travel documents.
You had a second passport issued in another name variation and failed to declare it (this is extremely sensitive and can imply identity issues).

D. Inconsistencies in passport issuance history

Multiple passport numbers appear in government databases.
Different birthdates/spellings appear across documents.
A passport record shows “issued” but you never received the booklet (mail/courier issues, interception, misdelivery).

E. Immigration transactions (BI, travel clearance, derogatory records)

While the Bureau of Immigration (BI) has its own set of documentary requirements depending on status and transaction, affidavits are often used to explain:

missing travel document pages,
lost passports during stay,
gaps in entries/exits,
discrepancies in identity data.

F. Embassy/visa applications and overseas employment documentation

Foreign embassies and employers sometimes require a sworn explanation for:

lost previous passports containing travel history,
missing visas/entry stamps,
prior names or multiple passports.

4) “Missing” vs “Undeclared”: the legal and practical difference

Missing passport

The key issue is custody and traceability: where the passport went, when, how, and whether it might be misused. The affidavit usually emphasizes:

last known possession,
circumstances of loss/theft/destruction,
steps taken (reporting, attempts to recover),
assurance that you did not pledge/sell/transfer it.

Undeclared passport

The key issue is truthfulness of prior submissions. The affidavit must explain:

what exactly was omitted,
why it was omitted (mistake, misunderstanding of the question, clerical oversight),
why there was no intent to deceive,
immediate corrective disclosure.

Because “undeclared” touches on misrepresentation, the drafting must be precise and supported by documents.

5) Governing legal concepts and risks (Philippine setting)

A. Affidavits are sworn statements; falsehoods can be criminal

When you execute an affidavit, you swear to tell the truth. In the Philippines, Perjury (making a willful and deliberate false statement under oath on a material matter) is punishable under the Revised Penal Code. Depending on the facts, exposure may also arise under:

Falsification provisions (when a public document is falsified or falsification is committed through untruthful statements in a public document),
Use of falsified documents,
potentially other special laws if fraud, trafficking, or identity manipulation is involved.

Practical takeaway: never “clean up” a story for convenience. Agencies often cross-check data; inconsistencies can escalate from a simple affidavit requirement into a case referral.

B. Notarization is not a formality—it is an integrity mechanism

In the Philippines, notarization transforms a private writing into a public document. Notaries must require personal appearance and competent proof of identity. A defective notarization can cause rejection by an agency and may create legal complications.

C. Agencies treat passports as government property

Philippine passports are generally treated as the property of the government; they may be required to be surrendered if found after replacement or if cancelled. Retaining or circulating a cancelled passport can cause issues, even if unintentional.

6) Who typically asks for this affidavit

Department of Foreign Affairs (DFA) or its authorized passport processing channels (for issuance/renewal/replacement issues).
Bureau of Immigration (BI) in certain immigration-related incidents and compliance matters.
Philippine Overseas Employment Administration / DMW-related processes (in practice, document checklists can include explanations for missing travel documents depending on the case).
Foreign embassies/consulates (for visa and immigration applications).
Employers, recruitment agencies, schools (for administrative completeness).

Different institutions can ask for different levels of detail, but the core is always: identity + chronology + credibility.

7) What the affidavit should contain (substance)

A strong affidavit reads like a clean, verifiable timeline, not a vague excuse. Most acceptable affidavits include:

A. Identification of the affiant

Full name (including suffix, if any)
Citizenship
Date and place of birth
Civil status
Current address
Government-issued ID details used for notarization

B. Passport details (as much as you can truthfully provide)

For a Philippine passport:

Passport number (if known)
Date and place of issuance
Validity dates
Any photocopy scans you have (attach as annex if available)

For a foreign passport (if relevant):

Country of issuance
Passport number (if permissible and relevant)
Validity dates

If you do not remember the number, state that you cannot recall and explain why; do not invent.

C. The exact “missing” or “undeclared” issue

Examples:

“My previous Philippine passport is missing because it was stolen on [date] at [place].”
“I failed to declare my previously issued Philippine passport (expired) in my application dated [date] because I misunderstood the question…”
“I did not disclose my foreign passport because I believed the form referred only to Philippine passports; I am disclosing it now…”

D. A chronological narration (dates matter)

Include:

last time you saw/used the passport,
the event leading to loss/non-disclosure,
when you discovered the issue,
what you did immediately after.

E. Steps taken to address the situation

Depending on the scenario:

police report details (blotter number, station, date),
report to DFA/consulate (if done),
attempts to retrieve from employer/recruiter/agency (letters, messages),
incident report (if workplace or disaster-related),
embassy correspondence (if passport held for visa).

F. Affirmations and undertakings

Common undertakings:

you did not voluntarily dispose of or transfer the passport for unlawful purposes,
you will surrender the old passport if found,
you authorize verification of your passport records,
you understand penalties for falsehood.

G. Attachments (Annexes)

Label annexes clearly:

Annex “A” – Police Report / Blotter
Annex “B” – Photocopy/scan of old passport (if any)
Annex “C” – Letters/messages requesting return (if held by a third party)
Annex “D” – Affidavit/ID documents supporting identity continuity (PSA birth certificate, marriage certificate, etc., when relevant to name changes)

8) Supporting documents: what is commonly paired with the affidavit

Requirements vary, but the following are frequently used to corroborate your story:

For lost/stolen passport

Police report / barangay report (as applicable)
If abroad: report to local police and/or consular report (depending on where the affidavit will be used)
Photocopy of passport data page (if available)
Travel records, booking confirmations (sometimes helpful)

For passport held by an employer/agency

Demand letter or written request for return
Company or agency acknowledgment (if obtainable)
Any receipt or transmittal record

For undeclared passport

Copy/details of the undeclared passport (expired/cancelled/foreign)
Proof of dual citizenship or recognition (if applicable)
Explanation supported by records showing consistent identity (same person)

For damage/destruction

The damaged passport itself (if still in possession)
Photos of damage
Incident report (fire, flood, etc.)

9) Drafting guidance: how to write it in Philippine affidavit style

Philippine affidavits commonly use a numbered paragraph format, beginning with the affiant’s identity and ending with a jurat. Good practice:

Write in first person (“I, Juan Dela Cruz…”).
Use short, numbered paragraphs.
Avoid legal conclusions; stick to facts.
Use specific dates and places.
If you are uncertain about a detail, say so plainly.
Do not accuse someone of a crime unless you are prepared for consequences; keep statements accurate and measured.

10) Sample template (general-purpose)

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

AFFIDAVIT OF EXPLANATION

I, [Full Name], of legal age, [civil status], [citizenship], and residing at [complete address], after having been duly sworn in accordance with law, hereby depose and state that:

I am the lawful holder/applicant of a Philippine passport and/or travel document, and I am executing this Affidavit to explain the matter regarding my missing and/or undeclared passport(s).

My previous Philippine passport was issued on or about [date] at [place of issuance], with passport number [number if known], and valid until [date if known]. (If unknown, state: “I cannot recall the passport number despite diligent effort.”)

The said passport is missing because [clear narration: lost/stolen/destroyed/retained]. In particular, on [date] at [place], [describe incident]. I discovered the loss/non-availability on [date].

Immediately thereafter, I took the following steps: [police report filed on date; attempts to recover; notifications made]. A copy of the [police report/other proof] is attached as Annex “A”.

I further state that I did not sell, pledge, transfer, or voluntarily dispose of my passport for any unlawful purpose, and to the best of my knowledge it has not been used by me after [last known use].

(For undeclared passport, add a paragraph such as:) I also state that I previously failed to declare my [expired prior Philippine passport / foreign passport] in [form/application] dated [date] because [truthful reason: mistake/misunderstanding/clerical oversight]. I am disclosing this now to correct the record, with a copy/details attached as Annex “B”.

Should my missing passport later be recovered, I undertake to immediately surrender it to the appropriate authority and/or comply with all lawful instructions regarding its disposition.

I am executing this Affidavit to attest to the truth of the foregoing facts and for whatever legal and administrative purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__ in [City/Municipality], Philippines.

[Signature] [Printed Name]

SUBSCRIBED AND SWORN TO before me this ___ day of __________ 20__ in [City/Municipality], affiant exhibiting to me competent proof of identity, [ID type and number], issued on [date] at [place].

[Notary Public] Doc. No. ___; Page No. ___; Book No. _; Series of 20.

Note: Adjust the annexes and paragraphs to your actual facts. Do not add statements you cannot prove or do not know.

11) Notarization in the Philippines: practical legal requirements

A. Personal appearance and identity

You must personally appear before the notary and present valid identification. The notary will administer an oath and complete a jurat.

B. Jurat vs acknowledgment

Affidavits typically use a jurat (“subscribed and sworn to”), because the core element is the oath that the contents are true.

C. Notarial register and document integrity

Notaries record details in a notarial register. Ensure the affidavit is properly signed in the notary’s presence and that the notary completes the jurat with the correct date and place.

D. Executing abroad

If you are outside the Philippines and the affidavit is for use in the Philippines, it is commonly executed before:

a Philippine consular officer (consular notarization), or
a local notary abroad with the document properly authenticated for Philippine use, depending on the destination agency’s acceptance and the country’s authentication regime.

12) Practical consequences of a weak or inconsistent affidavit

Agencies may:

require a more detailed affidavit,
request additional supporting documents,
subject the application to longer verification,
deny the request if credibility concerns remain,
refer the matter for investigation if fraud indicators appear.

Common “red flags”:

missing dates and places,
inconsistent timeline (e.g., last use after claimed loss),
claiming a passport was “misplaced” repeatedly,
vague claims that cannot be corroborated,
denial of an obvious omission (undeclared passport) despite records.

13) Special situations

A. Name changes (marriage, correction, adoption)

If the “missing/undeclared” issue coincides with a name change, the affidavit should carefully connect identity continuity and attach civil registry documents (PSA records, court orders where applicable).

B. Found passport after replacement

If you find a previously reported lost passport after a replacement has been issued, you should not attempt to use it. The affidavit (or a supplemental sworn statement) may be needed to document recovery and surrender, depending on the transaction.

C. Passports retained due to legal/immigration matters

If a passport is held by authorities due to a case, do not frame it as “lost.” Explain it accurately as retained/held and attach any order, receipt, or acknowledgment.

D. Third-party retention (employer/recruiter)

Be factual. If you allege unlawful withholding, ensure your statements are defensible. It is often enough to state that it is currently in another party’s custody despite requests for return, with proof of requests.

14) Key takeaways (Philippine practice)

The affidavit’s function is truthful disclosure and risk management for agencies handling identity documents.
“Undeclared passport” issues are more sensitive because they implicate misrepresentation; treat them with careful detail and documentary support.
Notarization turns the affidavit into a public document; falsehoods can expose you to perjury and related offenses.
The best affidavits are chronological, specific, and corroborated by annexes.