A practical legal guide for consumers, telco transactions, and risk management

1) What an Affidavit of Loss is (and what it is not)

An Affidavit of Loss is a sworn statement made by a person (“affiant”) declaring facts about a loss—here, a SIM card—including how, when, and where it was lost, and what steps were taken after discovering the loss. It is typically executed before a notary public and is commonly required as a supporting document in private and administrative transactions.

It is not a “police report” and is not automatically a guarantee that you will be absolved from liability for all downstream misuse. It is evidence of your declaration and good-faith steps, often used to support actions like SIM blocking, replacement, account updates, and dispute filings.

2) Why affidavits matter specifically for SIM cards

A SIM card today is not just a phone accessory—it can be a key to identity and finances, because it may be tied to:

SIM Registration records (identity verification requirements)
OTP-based logins (banks, e-wallets, social media, email)
Mobile number–based authentication (GCash/Maya, online banking, marketplace accounts)
Postpaid contracts and billing accounts
Corporate or business lines and compliance processes

Because a lost SIM can enable account takeovers (especially via OTP interception), telcos and other institutions commonly ask for an affidavit to document the event and reduce fraud risk.

3) Philippine legal context: what gives an affidavit its effect?

3.1 Affidavits as sworn statements

An affidavit is a written statement confirmed by oath or affirmation. In the Philippines, notarization and oath-taking are governed by rules on notarial practice and related procedural rules. The legal weight of an affidavit comes from:

The affiant swearing under oath that the contents are true.
The notary public certifying the oath and the affiant’s identity and personal appearance.

3.2 Evidentiary reality (important)

In many proceedings, an affidavit can be useful documentary support, but it does not automatically prove the truth of its contents against a contesting party. In court litigation, affidavits can be treated as hearsay unless the affiant testifies and is cross-examined. In everyday transactions (telcos, banks, workplaces, government offices), affidavits are often accepted as part of standard requirements even without a formal hearing.

3.3 Criminal exposure for false statements

A key reason affidavits are taken seriously: lying in a sworn statement can expose the affiant to criminal liability (commonly framed as perjury, and in some situations related offenses depending on the facts). This is why accuracy matters and why you should avoid speculative details.

4) When an Affidavit of Loss is typically required for a SIM

An affidavit is commonly requested in these situations:

Telco-related

Request to block or deactivate a lost SIM (sometimes optional, often requested)
Request for SIM replacement while retaining the same mobile number
Updating SIM registration details associated with the number
Postpaid account servicing (e.g., replacement, re-issuance, change of SIM format)

Financial / account disputes

Disputing unauthorized transactions traced to the mobile number/OTP
Supporting documents for bank/e-wallet incident reports
Recovering compromised accounts tied to the number

Employment / corporate compliance

Company-issued SIM cards and reporting obligations
Audit trails for device/SIM custody

Practical note: Requirements vary by telco and by case (prepaid vs postpaid, individual vs corporate, local vs roaming, etc.). Even when a telco doesn’t strictly require an affidavit, having one can help if a dispute arises later.

5) Prepaid vs postpaid, physical SIM vs eSIM: how requirements may differ

5.1 Prepaid

Replacement usually hinges on identity verification and proof that you control the number.
You may be asked for an affidavit to document the loss and deter fraudulent replacement requests.

5.2 Postpaid

Because postpaid lines are tied to contracts, billing, and customer records, telcos often have stricter servicing protocols.
An affidavit is more commonly requested, sometimes alongside additional forms.

5.3 eSIM

“Loss” might mean losing the phone containing the eSIM or losing access to the eSIM profile.
The affidavit should describe the loss of the device/access and the need to re-provision the eSIM (if relevant).

6) What a good Affidavit of Loss should contain (SIM-specific)

A strong affidavit is clear, chronological, and verifiable. At minimum, include:

6.1 Identifying information of the affiant

Full name
Citizenship (optional but sometimes included)
Civil status (optional)
Address
Valid government ID details (type/number; often referenced but not always written in the affidavit body)

6.2 Details of the lost SIM

Mobile number (very important)
Telco (if known)
Whether prepaid/postpaid
SIM type (nano/micro/standard) if relevant
If tied to a device: phone model and IMEI (optional; only include if you have accurate details)

6.3 Circumstances of loss

Date and approximate time of loss/discovery
Place of loss
How it happened (e.g., misplaced during commute, stolen with wallet/phone, left in a venue, etc.)
Steps taken to locate it (brief)

6.4 Actions taken after discovering loss

When you contacted the telco (if already done)
Request to block/deactivate (if done)
If the phone was stolen: whether you reported to venue/security or authorities (only if true)

6.5 Purpose statement

That you are executing the affidavit to request:
- blocking/deactivation and/or
- replacement/re-issuance of SIM while retaining the number, and/or
- record update and other lawful purposes.

6.6 Good-faith and fraud-protection statements (optional but useful)

That you did not sell, transfer, or knowingly give the SIM to someone else (if true)
That you will hold the telco harmless for acts after the report date/time (some telcos have separate hold-harmless forms; don’t overpromise—keep it factual)

7) Common mistakes that weaken affidavits

Guessing details (exact time/place) when you’re unsure → Use “on or about” or “at around” rather than inventing precision.
Including contradictions (e.g., claiming it was stolen but also “misplaced”) → Choose the most accurate description.
Over-legalizing with unsupported accusations → You can state facts (e.g., “my phone was taken from my bag”) without naming suspects.
Forgetting the number → The mobile number is often the most important detail for telco servicing.
Signing without personal appearance before the notary → Notarization typically requires personal appearance and ID verification.

8) Notarization essentials in the Philippines (practical)

To validly notarize an affidavit, you generally need:

Personal appearance before the notary public
Competent proof of identity (valid government-issued ID)
You will sign the affidavit in the notary’s presence (or acknowledge a signature, depending on the notarial act used)
The notary will affix a notarial seal and complete the notarial details

Jurat vs acknowledgment (simple explanation)

Affidavit usually uses a jurat: you swear to the truth of the statements.
An acknowledgment is commonly used for contracts and authorizations, where you confirm you signed the document voluntarily.

If you’re asking for an “Affidavit of Loss,” it’s typically jurat.

9) Do you need a police report?

For a lost SIM (misplaced, unknown whereabouts), a police report is often not required in routine telco replacement—though it may be requested in some circumstances. For a stolen phone/SIM or if you are pursuing broader remedies (e.g., theft reporting, insurance claims, formal disputes), a police report can help.

A practical approach:

If you merely lost the SIM: affidavit + telco process is often enough.
If theft/robbery is involved or there’s fraud/unauthorized transactions: consider adding a police report and incident documentation (screenshots, reference numbers, timelines).

10) What to do immediately after losing a SIM (risk-control checklist)

Time matters because OTP interception can happen fast.

Contact your telco immediately to request blocking/deactivation of the SIM.
Secure your accounts linked to the number:
- Change passwords (email first, then banking/e-wallets, social media).
- Enable app-based authenticators where possible.
Notify your bank/e-wallet providers if there’s any suspicious activity.
Prepare documents for SIM replacement:
- Valid ID(s)
- SIM registration-related info (if asked)
- Affidavit of Loss
Keep a timeline (dates/times of discovery, calls, reference numbers). This helps later if disputes arise.

11) A practical template: Affidavit of Loss (Lost SIM Card)

You can use the following as a baseline. Adjust to your facts and local notary formatting.

AFFIDAVIT OF LOSS

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 user/subscriber of the mobile number [09XX-XXX-XXXX] under [Telco Name] with a [prepaid/postpaid] SIM card.
On or about [date], at around [time], while I was at/in [place], I discovered that my SIM card was lost/missing.
The SIM card was last in my possession when [brief last known circumstance]. Thereafter, despite diligent efforts to locate it, I could no longer find the same.
I am executing this Affidavit to attest to the foregoing facts and to support my request with [Telco Name] for the blocking/deactivation of the lost SIM and/or the issuance of a replacement SIM while retaining my mobile number, and for other lawful purposes.
I execute this Affidavit voluntarily and truthfully.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month] [year] in [City/Municipality], Philippines.

[Signature of Affiant] [Printed Name]

SUBSCRIBED AND SWORN TO before me this [day] of [month] [year] in [City/Municipality], Philippines, affiant exhibiting to me [ID type] with ID No. [ID number] valid until [expiry date].

Notary Public (Seal)

12) Special situations and how to word them

If the SIM was lost with the phone

State that the phone containing the SIM was lost and, as a result, you lost custody of the SIM. If you’re not sure whether the SIM was removed, don’t guess—state what you know.

If you suspect theft but lack certainty

Use careful language:

“I believe it may have been taken from my bag” (only if you have a reason)
Avoid naming suspects without factual basis.

If the SIM is under someone else’s name

This is common (e.g., family member registered the SIM). Replacement may require:

The registered person to appear and execute the affidavit, or
Additional authorization documents (depending on telco rules).

If it’s a corporate/business SIM

Use the company’s process:

Custodian executes an incident statement
Authorized signatory may execute an affidavit
Include asset assignment details if applicable

13) How telcos and institutions typically use the affidavit

An affidavit often serves as:

Loss documentation for internal records
Fraud deterrence (reducing “SIM swap” attempts)
Support in disputes (timelines and declared actions)
Compliance evidence for identity verification workflows

But it usually does not replace:

Telco’s own forms
Identity checks
Additional incident documentation when fraud occurred

14) Practical “best practices” before you notarize

Write the affidavit in plain, accurate language
Include only what you can truthfully attest to
Keep a single timeline (discovery → actions taken)
Bring valid IDs and any telco reference numbers you already have
If you need it for multiple institutions, consider requesting several notarized copies

15) Final note on scope

This is general legal information in Philippine practice. If your loss involves unauthorized transfers, account takeover, threats, extortion, or large financial exposure, it’s worth getting tailored legal advice and coordinating immediately with your telco and financial institutions using documented reference numbers and a clear incident timeline.