Affidavit of Loss in the Philippines
Fees, Documentary Requirements, and Practical Pointers (2025)
1. What an Affidavit of Loss Is – and Why You Sometimes Cannot Avoid It
An Affidavit of Loss is a sworn written statement in which the affiant (the person executing it) narrates how, when, and where a specific document, ID, plate, passbook, object, or piece of property was lost, and undertakes to hold the issuing agency or any third person free from liability once a replacement is issued.
In Philippine practice it is routinely required by:
| Typical Lost Item | Where the Affidavit is Filed or Submitted | Purpose of the Affidavit |
|---|---|---|
| Government-issued IDs (SSS/GSIS UMID, PhilHealth, PRC, COMELEC voter’s ID/Voter’s Certificate, DFA passport)* | Respective issuing agency | Pre-condition to re-issuance or renewal |
| Land Transportation Office (LTO) Certificate of Registration (CR) & Official Receipt (OR), plates, or driver’s licence | LTO district office | Duplicate CR/OR, new plate/sticker, replacement licence |
| Bank passbooks, checkbooks, time-deposit certificates | Branch of account | Enable account reconstruction or issuance of a new passbook |
| Share certificates, promissory notes, post-dated checks | SEC, bank or creditor | Replacement documents; limit civil liability |
| School records (diploma, Form 137/138) | Registrar | Re-issuance / certification |
| Insurance policies, receipts, warranty cards | Insurer, merchant | Claim processing or contract enforcement |
*Note: DFA generally treats passports as “lost” only if the holder has already been issued one; if a passport applicant merely never received the booklet, a different affidavit (“Affidavit of Non-Receipt”) is needed.
2. Legal Foundations
| Source | Key Provision |
|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended) | §§ 2–5 (jurat), § 12 (competent evidence of identity), § 14 & Schedule of Fees |
| Civil Code Art. 1318, 1319, 24 | Affidavit embodies sworn statement under oath |
| Revised Penal Code Arts. 183, 171–172 | Perjury & falsification penalties |
| National Internal Revenue Code § 188 | Documentary Stamp Tax (DST) on oaths and certificates – ₱ 30 per original |
| 2023 Supreme Court Bar Matter 2640 (latest circular on notarial fees) | Caps notarial fee for a jurat at ₱ 100 in Metro Manila / highly urbanized cities and ₱ 50 elsewhere, unless the Executive Judge approves a higher schedule |
3. Core Parts of an Affidavit of Loss
- Title – “Affidavit of Loss – [Document]”
- Affiant’s personal details – full name, citizenship, civil status, residence address, ID presented.
- Narration of facts – concise chronology:
- When & where the document/object was last seen.
- Circumstances of loss (theft, fire, flood, misplacement, etc.).
- Diligent search undertaken.
- Undertaking/Prayer – request for replacement; promise to surrender original if later found; release of issuing agency from liability.
- Signature block – affiant’s signature over printed name.
- Jurat – notary public’s attestation that:
- Affiant personally appeared;
- Presented competent ID;
- Swore/affirmed the truth of the statements.
- Notarial register entry number & page, stamp/seal, and Documentary Stamp Tax (DST) strip or adhesive.
4. Documentary Requirements at Notarization
| Requirement | Notes |
|---|---|
| Draft Affidavit | Typed or printed; most notarial offices offer ready templates. |
| Competent Evidence of Identity (present at least 1) | Current passport, driver’s licence, UMID, PRC ID, SSS card, or any government-issued ID with photo & signature (Rules on Notarial Practice, § 12). |
| Photocopy of the Lost Item, if available | Strengthens credibility and assists issuing agency. |
| DST payment – ₱ 30 | Affixed by the notary through a BIR Documentary Stamp Tax strip or eDST imprint (no DST for affidavits executed in connection with a barangay micro-business or certain agricultural losses). |
5. How Much Will It Cost?
| Payee | Fee Range (2025 typical practice) |
|---|---|
| Notarization (jurat) | ₱ 100 in Metro Manila / key cities; ₱ 50–₱ 80 elsewhere. Some offices charge ₱ 150–₱ 200 to include drafting or printing. |
| Documentary Stamp Tax | ₱ 30 per original affidavit (BIR § 188). |
| Optional photocopy certifications | ₱ 30–₱ 50 each, if the notary issues a certified true copy. |
| Agency processing fees | Vary per office (examples below). |
Examples of agency-specific add-on costs (outside scope of the affidavit itself):
- LTO duplicate CR/OR – ₱ 225 duplicate OR, ₱ 50 duplicate CR, plus computer fee (₱ 67.63) & ₱ 30 eDST for the affidavit (2025 schedule).
- PRC duplicate ID – ₱ 450 card replacement + ₱ 50 documentary stamps (PRC cash section).
- Bank passbook replacement – ₱ 100–₱ 300 (varies by bank) plus affidavit.
- PSA civil registry document (lost before claiming) – ₱ 330 online request; PSA no longer requires an affidavit if the PSA-issued copy itself was lost, but the requesting party may need one for an unclaimed copy.
6. Step-by-Step Execution & Filing
| Step | Where / With Whom | Time | Tip |
|---|---|---|---|
| 1. Draft the affidavit | Yourself, law office, or notary’s template | 15–30 min | Be factual; avoid speculation. |
| 2. Have it notarized | Any commissioned notary public within the same city/ province | 5–10 min | Bring IDs & exact cash for DST. |
| 3. Secure photocopies | Photocopy center | 5 min | Have the notary stamp “certified true copy” if agency insists on retaining originals. |
| 4. Submit to issuing agency | Agency front-line service window | Varies (a few hours to several weeks for replacement) | Keep the receiving copy with control number. |
7. Validity and Re-Use
There is no statutory expiry, but most agencies accept an affidavit if executed within the last 3–6 months. Beyond six months you may be asked to execute a fresh one confirming the loss is continuing.
8. Criminal & Civil Consequences of a False Affidavit
- Perjury (Art. 183, Revised Penal Code) – punishable by up to 6 years imprisonment and/or fine.
- Falsification of a public document (Art. 171) – same penalty range as Perjury but classified as a more serious offense where the falsified affidavit is used to obtain a public benefit.
- Civil liability – Damages to any person or entity who relied on the false affidavit (e.g., bank, insurer).
9. Sample Template (2025 Format)
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF _________ ) S.S.AFFIDAVIT OF LOSS – [DOCUMENT]
I, Juan Dela Cruz, Filipino, of legal age, single/married, with residence at No. 123 Mabini St., Barangay Sampaguita, Manila, having been duly sworn in accordance with law, depose and state:
- I am the lawful owner/holder of one (1) [describe document: “PhilHealth Identification Card No. 1234-5678-9012”] issued on 05 January 2022.
- On or about 10 March 2025, while commuting from my residence to my workplace, I discovered that my wallet containing said ID was missing.
- Despite diligent efforts to locate and recover the said ID—including retracing my route, inquiring with the transport operator, and reporting the incident to Barangay Sampaguita—I have been unable to find it.
- I am executing this Affidavit to attest to the loss, to request the PhilHealth Regional Office – NCR to issue a replacement card, and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 2025 in Manila, Philippines.
(Signature over printed name)
SUBSCRIBED AND SWORN to before me this ____ day of __________ 2025 in Manila, Philippines, affiant exhibiting to me his UMID Card No. 01-23-45-678 issued on 10 Dec 2023.
(Notarial seal & signature, Doc. No. ___; Page No. ___; Book No. ___; Series of 2025)
10. Frequent Q & A
| Question | Quick Answer |
|---|---|
| May I use one affidavit for two different IDs? | Better to execute one affidavit per lost item. Some agencies (e.g., LTO) refuse multi-item affidavits. |
| Is police blotter mandatory? | Only if the agency expressly requires it (e.g., DEPED for lost diplomas). For most banks & PRC, an affidavit alone suffices. |
| Can I notarize outside the province where I live? | Yes, any Philippine notary commissioned in the locality where the affidavit is signed may notarize. |
| Electronic notarization? | Allowed under the Interim Rules on Remote Notarization of Paper Documents (2021), but most agencies still prefer wet-ink originals. |
| What if I find the original later? | Surrender it to the issuing office if a replacement has already been issued, otherwise cancel the affidavit through another sworn statement. |
11. Practical Tips to Avoid Future Headaches
- Digitize important documents – clear, color PDF scans stored in encrypted cloud storage are persuasive annexes if the original is lost.
- Report immediately – for IDs with security chips (UMID, e-passport), prompt reporting of loss helps prevent identity theft.
- Carry a photocopy, not the original, for day-to-day transactions where legally acceptable.
- Use waterproof pouches during travel (especially during the Philippine rainy season, June–October).
- Maintain an “important documents inventory”—a simple spreadsheet noting serial numbers, issuing dates, and secure storage location.
12. Disclaimer
This article is for general informational purposes as of 29 April 2025 and does not constitute formal legal advice. Agency fees and practices can change without prior notice; always verify with the specific office concerned or consult a Philippine lawyer for tailored guidance.