Affidavit of Loss for Company ID in the Philippines: A Comprehensive Guide

Introduction

In the Philippines, losing a company identification card (ID) can disrupt daily work activities, access to office premises, and even payroll processes. An Affidavit of Loss serves as a formal sworn declaration that the ID has been lost, misplaced, or stolen, and it is often a prerequisite for obtaining a replacement from the employer. This document is rooted in Philippine legal principles under the Civil Code and notarial laws, ensuring accountability and preventing fraudulent use of lost IDs. While procedures may vary slightly by company policy, the core elements remain consistent across most organizations. This article provides an exhaustive overview, including the purpose, legal basis, requirements, step-by-step preparation, a sample template, notarization process, potential additional steps, and common pitfalls.

Purpose and Legal Basis

The primary purpose of an Affidavit of Loss for a company ID is to officially document the incident, absolve the affiant (the person making the statement) from liability for any misuse of the lost ID, and facilitate the issuance of a duplicate. Under Philippine law, affidavits are governed by Republic Act No. 8792 (Electronic Commerce Act) for digital aspects, but more relevantly by the Rules on Notarial Practice (A.M. No. 02-8-13-SC), which mandates that such documents be sworn before a notary public to have legal effect.

For company IDs, this affidavit is not typically filed with government agencies unless the loss involves sensitive data or is part of a broader report (e.g., if the ID contains government-issued information like a TIN). Instead, it is submitted internally to the company's Human Resources (HR) department. However, if the loss is due to theft or involves potential identity theft, it may intersect with Republic Act No. 10173 (Data Privacy Act of 2012), requiring the company to report data breaches to the National Privacy Commission if personal data is compromised.

The affidavit also protects the employer by providing evidence that the original ID is no longer valid, reducing risks of unauthorized access. In some cases, especially for multinational companies or those in regulated industries (e.g., banking under the Bangko Sentral ng Pilipinas), additional compliance with industry-specific regulations may apply.

Requirements for Preparing an Affidavit of Loss

To draft and execute an Affidavit of Loss, the following requirements must be met:

Personal Information of the Affiant: Full name, age, civil status, occupation, address, and contact details. This establishes the identity of the person reporting the loss.
Details of the Lost ID: Include the company name, ID number, issuance date, expiration date (if applicable), and a description of the ID (e.g., material, features like barcode or chip).
Circumstances of the Loss: A detailed narrative of how, when, and where the ID was lost. This should be factual and chronological, including any efforts made to recover it (e.g., searching the area or checking with authorities).
Supporting Documents:
- Valid government-issued ID (e.g., passport, driver's license, or UMID) for verification during notarization.
- Police Blotter or Report: Often required if the loss is due to theft or pickpocketing, obtained from the local Philippine National Police (PNP) station.
- Company-Specific Forms: Some employers provide their own loss report forms to accompany the affidavit.
- Proof of Employment: Such as a recent payslip or certificate of employment, to confirm affiliation with the company.
Notarization Fee: Typically ranges from PHP 100 to PHP 500, depending on the notary and location. Additional fees may apply for community tax certificate (cedula) if needed.
Witnesses (Optional): While not always mandatory, some affidavits include witnesses to corroborate the facts, especially if the loss occurred in a public place.

Failure to include accurate details can render the affidavit invalid, potentially delaying the replacement process or exposing the affiant to perjury charges under Article 183 of the Revised Penal Code.

Step-by-Step Guide to Preparing and Executing the Affidavit

Draft the Affidavit: Use a word processor to create the document in a formal format. Ensure it is written in clear, concise language, preferably in English or Filipino.
Gather Supporting Documents: Collect all required items mentioned above.
Visit a Notary Public: Notaries can be found in law offices, courts, or public attorney offices. Present your valid ID and sign the affidavit in their presence.
Pay Fees and Obtain Copies: After notarization, secure multiple copies—one for the company, one for personal records, and extras if needed.
Submit to the Company: Deliver the notarized affidavit to HR, along with any company forms. The replacement ID is usually issued within 3-7 business days, subject to company policy.
Additional Steps if Applicable:
- Police Report: File a blotter at the nearest PNP station. Bring two valid IDs and narrate the incident. This is free but may take time.
- Publication (Rare for Company IDs): Unlike lost government documents (e.g., under BIR rules for lost receipts), company IDs seldom require newspaper publication unless specified by the employer for high-security roles.
- Data Privacy Notification: If the ID contains sensitive information, inform the company's Data Protection Officer.

Sample Template for Affidavit of Loss

Below is a standard template adaptable to most situations. Replace placeholders with actual details.

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [Location]) 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 currently employed at [Company Name], with office address at [Company Address], as [Position];
That the company issued me an Identification Card (ID) bearing ID No. [ID Number], issued on [Date of Issuance];
That on or about [Date of Loss], at [Location of Loss], I lost the said Company ID under the following circumstances: [Detailed Narrative, e.g., "While commuting via jeepney from [Place A] to [Place B], I noticed my wallet, containing the ID, was missing upon alighting. Despite retracing my steps and inquiring with the driver, it could not be found."];
That I exerted diligent efforts to locate the said ID but to no avail;
That I am executing this Affidavit to attest to the truth of the foregoing facts and for the purpose of securing a replacement Company ID from my employer;
That I undertake to surrender the lost ID should it be found later and absolve my employer from any liability arising from its loss.

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

[Signature of Affiant]
[Full Name of Affiant]

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

[Signature of Notary Public]
Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].

Where to File or Submit the Affidavit

Unlike court documents, an Affidavit of Loss for a company ID is not "filed" in a formal registry but submitted directly to the employer's HR department. Key locations include:

Company HR Office: Primary submission point. For remote workers, scanned copies may be emailed, but originals are often required.
Police Station: For the blotter, visit the PNP station in the jurisdiction where the loss occurred.
Notary Public Offices: For execution—common in malls, law firms, or municipal halls.
If Company Policy Requires: Some firms mandate submission to a security department or through an online portal.

In cases involving government-affiliated companies (e.g., GOCCs under RA 10149), additional filing with the Civil Service Commission might be needed, but this is uncommon.

Potential Costs and Timelines

Costs: Notarization (PHP 100-500), police blotter (free), replacement ID fee (varies by company, often PHP 200-500).
Timelines: Drafting (1 hour), notarization (same day), submission and replacement (3-10 days).

Common Pitfalls and Best Practices

Inaccuracies: Ensure all facts are correct to avoid perjury (punishable by imprisonment).
Delays: Notarize promptly to expedite replacement.
Fraud Prevention: Companies may verify the affidavit against internal records.
Digital Alternatives: Some companies accept e-affidavits under RA 8792, but confirm first.
Lost Abroad: If lost outside the Philippines, execute before a Philippine consulate.
Multiple Losses: Repeated incidents may trigger company investigations.

By following these guidelines, individuals can efficiently resolve the loss of a company ID, minimizing disruptions while complying with Philippine legal standards. Consult a lawyer for complex cases involving disputes or additional liabilities.