Affidavit of Loss Executed by a Spouse in the Philippines
A deep-dive into the legal bases, practical drafting rules, and agency-specific nuances (June 2025 edition)
1. What an “Affidavit of Loss” Is
An affidavit of loss is a sworn written declaration narrating the facts and circumstances of the loss, destruction, or disappearance of a document, chattel, or negotiable instrument, executed under oath before a notary public or Philippine consul. In practice it is used to:
- obtain a replacement or re-issuance (e.g., Land Transportation Office OR/CR, land title owner’s duplicate, bank passbook, insurer’s policy, school records, government IDs);
- inform authorities (insurance companies, issuers, registries) that the original is no longer in circulation; and
- act as the formal predicate for administrative or judicial relief (e.g., petition for issuance of a new owner’s duplicate title under Sec. 109, Property Registration Decree).
2. Why the Spouse May Be the Signatory
Document belongs to conjugal/community property
- Under Articles 96 & 124, Family Code, either spouse may administer community or conjugal property but disposition or encumbrance usually needs the written consent of the other. An affidavit of loss does not dispose of the property; it merely narrates a fact, so solo execution is generally respected by government offices, especially for routine replacements.
Lost item was in the physical custody of the signing spouse (e.g., she kept the car’s OR/CR in her bag).
Other spouse is unavailable, abroad, incapacitated, or deceased
- Attach a Special Power of Attorney (SPA), consularized if signed abroad, if the non-signing spouse’s consent is required by the receiving agency.
- If deceased, add the decedent’s death certificate and explain survivorship.
3. Governing Philippine Law & Rules
| Subject | Authority | Key Points |
|---|---|---|
| Definition & admissibility of affidavits | Sec. 1, Rule 132, Rules of Court | Affidavits are evidence if affiant is duly sworn and subject to cross-examination when presented in court. |
| Notarial obligations | 2004 Rules on Notarial Practice | Personal appearance, competent evidence of identity (two government IDs, or one ID + credible witness), entry in notarial register. |
| False statements | Art. 183, Revised Penal Code (Perjury) & Art. 171 (Falsification) | Imprisonment up to prisión correccional (6 years) & fine; also civil and administrative liability. |
| Family administration | Arts. 96 & 124, Family Code | Either spouse may singly administer ordinary transactions; major acts need written approval of the other or court. |
| Documentary stamp tax (DST) | Sec. 188, Tax Code | Nominal DST of ₱30 commonly imposed on sworn statements but often absorbed in notarial fee. |
4. Core Parts of a Spousal Affidavit of Loss
- Title – “Affidavit of Loss” (optionally, add the specific item, e.g., “…of Lost LTO Certificate of Registration”).
- Affiant’s Personal Details – name, age, civil status (married), citizenship, residence.
- Marital Declaration – “Affiant is the lawful spouse of __________, married under PSA Cert. No. ___, residing at…”.
- Description of Lost Item – type, serial/plate/policy number, issuing authority, date of issuance, face value if any.
- Circumstances of Loss – when, where, how (the “4Ws & 1H”). Include diligent but unsuccessful search. Attach police blotter if theft/robbery.
- Purpose Clause – “…executed to comply with LTO Memorandum ___ and to request issuance of a certified true copy/replacement thereof.”
- Undertaking – promise to surrender the original if found and assume liability for misrepresentation.
- Signature & Jurat – affiant signs; notary inserts Jurat (oath).
TIP: Keep the narrative factual—avoid adjectives like “very” or “extremely”—and quote serial numbers exactly to avoid agency rejection.
5. Typical Attachments
| Attachment | When Needed | Obtained From |
|---|---|---|
| Police blotter or Barangay Certification | Theft, robbery, calamity | Station/Barangay where incident occurred |
| Photocopy/scan of lost doc (if any) | If you kept a copy | Personal files |
| Marriage Certificate (PSA) | To prove spousal relation | PSA Serbilis outlet/e-copy from PSAHelpline.ph |
| SPA or Travel Exit Record | If other spouse abroad & consent required | Philippine consulate/Embassy |
6. Notarization Workflow
- Draft the affidavit (Word processing apps or law office template).
- Appear personally before a commissioned notary within the same city/municipality where executed (venue rule).
- Present IDs that bear signature & photo (e.g., PhilSys ID, passport).
- Sign in the notary’s presence.
- Pay fee (₱200–₱500 retail; corporates may have account rates) plus nominal DST.
- Receive original + at least two notarized copies (one for agency, one for your file).
7. Agency-Specific Notes
| Agency / Purpose | Extra Requirements | Processing Note |
|---|---|---|
| Land Transportation Office (LTO) – lost OR/CR or plates | Police report (if theft), stencils of engine/chassis if applying for duplicate stickers; sometimes Joint Affidavit of Loss (affiant + one disinterested witness) | Present during renewal; pay fee for duplicate. |
| Land Registration Authority / Registry of Deeds – lost owner’s duplicate title | Petition under Sec. 109 P.D. 1529; publication fees; survey plan | Affidavit is attached to verified petition; court order needed. |
| Banks – lost passbook or time-deposit certificate | Bank-provided form, indemnity bond (surety), ID | Affidavit usually co-signed by spouse for joint accounts. |
| Insurance Companies – lost policy | Anti-lost document bond; police report if fire | May combine with claim form. |
8. Special Situations
- Spouse Abroad – Use consularized SPA or have the overseas spouse execute a separate affidavit; attach apostille if notarized in apostille country (per 1961 Hague Convention, PH party since 2019).
- Separated-in-Fact Couples – If property regime is still conjugal, the other spouse’s written consent may still be asked. In practice, agencies often accept the lone spouse’s affidavit plus a Self-Declaration of Separation or barangay certification.
- Death of a Spouse – Surviving spouse may execute affidavit and attach Death Certificate; but for real property titles the heirs’ participation is often required.
- Minor-Owned Property – The parents (natural guardians) execute a Joint Affidavit; guardianship court order if substantial value.
9. Criminal & Civil Exposure for Misstatements
- Perjury (Art. 183) – knowingly lying in a sworn statement; penalties of prisión correccional (6 months 1 day–6 years) & fine.
- Falsification (Art. 171) – altering a notarial instrument, forging signatures; prisión mayor (6 years 1 day–12 years).
- Civil Damages – agencies/banks can sue for losses traceable to false affidavit.
- Administrative Sanctions – revocation of license, denial of future applications.
10. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Does the other spouse have to sign? | Usually no for routine replacements; yes if agency policy treats the doc as a disposition or if large value is involved. |
| Can two disinterested witnesses sign instead? | Some agencies (e.g., LTO, DFA) accept a Joint Affidavit of Loss by two witnesses instead of one by the owner. |
| Is police blotter mandatory? | Only when the circumstances involve theft, robbery, calamity, or fire; otherwise, a narrative of diligent search suffices. |
| Validity period? | Technically perpetual, but many agencies require it to be issued within 3–6 months of filing. |
| English vs. Filipino? | Either; most notarizations use English for nationwide acceptability. |
11. Sample Boilerplate (For Reference Only)
AFFIDAVIT OF LOSS I, JUAN DELA CRUZ, Filipino, of legal age, married to Maria Santos, resident of …, after having been duly sworn, depose and state:
- That on 15 May 2025, at about 10:00 p.m. inside our residence, I discovered that our Original Certificate of Registration (OR) and Official Receipt (OR) of Toyota Vios, Plate No. ABC-1234 had been misplaced and have not since been found…
- That despite diligent search and efforts to locate the said documents, the same remain missing…
- That this Affidavit is executed to declare said loss and to request the Land Transportation Office to issue certified true copies or duplicates thereof… IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ___ 2025 in Quezon City, Philippines. (Signature) SUBSCRIBED AND SWORN to before me…
(Remember to replace placeholders, attach IDs, and have it notarized.)
12. Practical Take-Away Checklist for the Spouse-Affiant
- Draft clearly—state facts, not arguments.
- Gather attachments—ID, police blotter, marriage cert, photocopy of lost doc.
- Decide on SPA—needed if the other spouse’s consent is explicitly required.
- Notarize within the jurisdiction where you sign.
- Photocopy everything before filing.
- Submit promptly—many offices impose freshness windows (90–180 days).
- Keep a digital scan of the notarized affidavit for future reference.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws, agency circulars, and internal policies change; always check the latest rules or consult Philippine counsel for specific cases.