Affidavit of Loss for a Company‑Issued ID in the Philippines
Everything HR managers, employees, and notaries need to know
Disclaimer: This article is for informational purposes only and is not a substitute for individualized legal advice. Always consult a Philippine‑licensed lawyer for particular situations.
1. What is an “Affidavit of Loss”?
An Affidavit of Loss is a sworn, notarized declaration narrating how a specific document, card, or item was lost and affirming the affiant’s request for a replacement. In the workplace, a Company ID is treated as company property and as a primary form of employee identification. Employers, banks, government agencies (SSS, PhilHealth, Pag‑IBIG, DFA, etc.) and private counterparties typically require an Affidavit of Loss before honoring a replacement request or updating their records.
2. Governing Law and Rules
| Source | Relevance |
|---|---|
| 2004 Rules on Notarial Practice (Supreme Court A.M. No. 02‑8‑13‑SC) | Formalities of notarization; ID requirements for signers |
| Article 171 & 172, Revised Penal Code (RPC) | Falsification of documents (public and private) |
| Article 183, RPC | Perjury—false statements under oath |
| Civil Code, Art. 1157 ff. | Obligations arising from law and contracts (employer policy) |
| Data Privacy Act of 2012 (R.A. 10173) | Safeguarding personal data contained in IDs and affidavits |
| Company’s HR Manual / CBA | Internal procedure and fees for replacement IDs |
No special statute creates the Affidavit; its validity rests on the general rules on sworn statements and evidence.
3. When is it Required?
| Typical Scenario | Why the Affidavit is Asked |
|---|---|
| Requesting a replacement ID from HR | Proof of loss; inventory control |
| Updating banking or government records | Mitigate identity‑fraud risks |
| Re‑issuance of building or site access cards | Security protocol |
| Claiming final pay or benefits after termination | Clearance requirement |
| Supporting an insurance or theft claim | Documentary evidence |
4. Who May Execute It?
- The employee who lost the ID—most common.
- A duly authorized representative (e.g., parent of a minor employee, legal guardian, holder of a special power of attorney).
- The company itself, if the ID was still in its custody when lost (rare).
5. Essential Contents (Checklist)
- Heading & Title – “REPUBLIC OF THE PHILIPPINES” & “AFFIDAVIT OF LOSS”
- Affiant’s Personal Details – Full name, civil status, citizenship, residential address.
- Competent Evidence of Identity – The government ID(s) presented to the notary.
- Detailed Description of the Lost ID – Company name, ID number, date of issuance, physical traits (e.g., PVC card with hologram).
- Circumstances of Loss – Date, time, place, and manner (e.g., misplaced wallet while commuting on 14 April 2025 along EDSA‑Shaw).
- Efforts to Locate – Steps taken: contacted taxi company, checked CCTV, reported to guard‑house, etc.
- Status of the ID – Statement that it has not been used for any illegal transaction and has not been found as of execution.
- Undertaking – Promise to surrender the original if later recovered and to hold the employer free from liability.
- Prayer/Request – “Accordingly, I respectfully request that a replacement company identification card be issued to me.”
- Signature Block & Jurat – Signed in the presence of the notary; jurat contains the Notary’s name, commission no., PTR, IBP, roll, etc.
6. Supporting Documents Commonly Attached
| Attachment | Is it Mandatory? | Purpose |
|---|---|---|
| Police Blotter/Barangay Certification | Often required by banks; optional for HR | External corroboration |
| Company Incident Report Form | Yes, if HR policy says so | Internal record‑keeping |
| Photocopy of any valid government ID | Always for notarization | Verify affiant’s identity |
| Old photograph of the lost ID | Optional | Confirms appearance of the card |
7. Drafting and Notarization Procedure
- Draft the affidavit (MS Word/Google Docs; keep font 12, double space for readability).
- Print at least three originals (one each for affiant, HR, and notary’s file).
- Personally appear before a duly commissioned notary public within your province or city.
- Bring: two (2) government‑issued IDs or one ID & credible witness, plus signing fee (₱150 – ₱300 is typical).
- Sign only in the notary’s presence; the notary will:
- verify identity
- administer oath (“Do you swear…?”)
- record the act in the Notarial Register
- affix dry seal & documentary stamp tax (₱30 DST per document unless exempt)
- Log the document in the company’s records; some HR departments issue the replacement card only after verifying the notarized copy.
8. Costs and Timelines
| Item | Typical Range |
|---|---|
| Notarial fee | ₱150 – ₱500 (city rates higher) |
| Documentary stamp (BIR) | ₱30 per affidavit (unless exempt under Sec. 189 NIRC) |
| Replacement ID fee | ₱0 – ₱500 (per company policy) |
| Processing time | Same day to 5 business days for HR; government use varies |
9. Legal Effect and Evidentiary Weight
- Prima facie proof of loss in administrative settings.
- Becomes a public document once notarized—admissible in court without further proof of authenticity (§20, Rule 132 Rules of Court).
- Does not cure liability if the ID was lost through gross negligence, nor does it bar the employer from imposing disciplinary sanctions or charging replacement costs.
10. Criminal and Civil Liability for False Statements
| Offense | Penal Reference | Penalty |
|---|---|---|
| Perjury | Art. 183 RPC | Arresto mayor (1 mo.‑6 mo.) + fine ≤₱200,000 (as adjusted) |
| Falsification of a public document | Art. 171 RPC | Prisión correccional (6 mo.‑6 yr) & fine |
| Falsification of a private document | Art. 172 RPC | Same range, lower in degree |
| Civil damages | Art. 20 & 2176 Civil Code | Actual & moral damages if third parties are prejudiced |
11. Data Privacy Considerations
- Treat the affidavit as personal data under R.A. 10173.
- Store only in locked HR files or encrypted cloud folders.
- Redact sensitive details before sharing externally.
12. Common Pitfalls and How to Avoid Them
| Pitfall | Tip |
|---|---|
| Using a “blanket template” with vague details | Customize the narrative—date, place, efforts to find |
| Signing outside the notary’s presence | Always sign in‑person; acknowledgment and jurat are different |
| Forgetting the DST stamp | Request it from the notary or buy at BIR‑accredited vendors |
| Not updating external IDs (e.g., ATM cards) linked to the lost Company ID | Attach the notarized affidavit when filing change requests |
13. Sample Template (Ready to Copy‑Paste)
REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF _____
) ) )
S.S.AFFIDAVIT OF LOSS
I, [Name of Affiant], Filipino, of legal age, [civil status], and presently residing at [complete address], after having been duly sworn to in accordance with law, hereby depose and state that:
1. I am/was employed by [Company Name] as [Position] since [Date] and was issued Company Identification Card No. [ID No.] on [Issue Date].
2. On [exact date] at around [time], while [state circumstances—e.g., commuting via MRT], I lost possession of my wallet containing, among others, the said Company ID.
3. Despite diligent search and efforts—including reporting the incident to [Police Station/Barangay] under Blotter Entry No. ____—the said ID has not been recovered to date.
4. The lost ID has not been used, nor have I authorized any person to use it, for any transaction.
5. I am executing this Affidavit to attest to the foregoing facts and to request the issuance of a replacement Company Identification Card.IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______ 2025 in [City], Philippines.
[Name of Affiant]
AffiantSUBSCRIBED AND SWORN to before me this ___ day of ______ 2025 in ________, Philippines. Affiant exhibited to me his/her [ID Type & No.], valid until [expiry].
Notary Public
14. Frequently Asked Questions (FAQ)
| Question | Answer |
|---|---|
| Is a police blotter always required? | Only if HR or the receiving agency requires corroboration. For in‑company replacement, HR often waives it. |
| Can I email a scanned copy? | Legally yes—scan retains evidentiary value under the E‑Commerce Act (R.A. 8792)—but HR may still ask for the wet‑ink original before printing the new card. |
| What if I later find the original ID? | Immediately surrender it to HR; failure may constitute dishonesty or insubordination. |
| Are electronic affidavits with e‑signatures valid? | In theory, yes (R.A. 8792 & Supreme Court A.M. No. 20‑12‑01), but only if the notary is authorized for e‑notarization, which is still limited in practice. |
15. Key Takeaways
- An Affidavit of Loss is simple but formal: clarity of facts + proper notarization.
- It doubles as evidence of due diligence and liability protection for both employee and employer.
- Draft carefully, avoid boilerplate vagueness, and respect data‑privacy protocols.
- False statements carry criminal sanctions under the RPC.
- Keep multiple notarized copies—you will likely need them for HR, security, and banking purposes.
By following the guidelines above, employees and HR officers can process the loss and replacement of a company‑issued ID smoothly, while ensuring compliance with Philippine legal and regulatory requirements.