An Affidavit of Loss is a notarized sworn statement executed by the owner of a lost item to formally declare its disappearance and to establish ownership for replacement or legal purposes. In the Philippines, this document is indispensable when a Subscriber Identity Module (SIM) card or its associated mobile number is lost, stolen, or misplaced. It serves as the primary legal instrument required by telecommunications providers—such as Globe Telecom, Smart Communications, TNT, DITO Telecommunity, and Converge—before issuing a replacement SIM with the same mobile number. The requirement stems from the need to protect the subscriber’s identity, prevent fraudulent use of the number for one-time passwords (OTP), banking transactions, government services, and to comply with the Subscriber Identity Module (SIM) Registration Act (Republic Act No. 11934).

Legal Basis

The execution and use of an Affidavit of Loss are governed by general principles under Philippine law. Rule 132, Section 27 of the Revised Rules on Evidence recognizes affidavits as competent evidence when properly notarized. The SIM Registration Act (RA 11934, effective 2022) and its Implementing Rules and Regulations (IRR) issued by the National Telecommunications Commission (NTC) explicitly mandate a notarized Affidavit of Loss as a prerequisite for SIM replacement to safeguard against identity theft and unauthorized porting. NTC Memorandum Circular No. 04-07-2022 and subsequent issuances further require telecom operators to verify ownership through this document before activating a replacement SIM. Civil Code provisions on possession and ownership (Articles 523–539) and the Anti-Fencing Law indirectly support the need to document loss to avoid liability for any misuse of the number post-loss. Failure to execute a proper affidavit can result in denial of replacement, prolonged loss of service, or exposure to fraud.

Purpose and Importance

The affidavit achieves three critical objectives:

It creates an official record of the loss, which can be presented to law enforcement, banks, or government agencies (e.g., SSS, PhilHealth, BIR, DFA) that link services to the mobile number.
It enables the telecom provider to block the lost SIM immediately and issue a new physical SIM (or eSIM) carrying the identical mobile number, preserving continuity of service.
It protects the subscriber from liability for any unauthorized transactions or crimes committed using the lost number after the date of loss.

Without it, providers will not release a replacement, and the number may be recycled or remain vulnerable.

When an Affidavit of Loss is Required

Loss or theft of a physical SIM card (prepaid or postpaid).
Loss of access to a registered mobile number even if the physical card is intact (e.g., damaged or defective SIM).
Application for SIM replacement or number portability under the Mobile Number Portability (MNP) rules.
Reactivation after a prolonged period of inactivity that triggered deactivation.
Reporting to financial institutions or e-wallets (GCash, Maya, etc.) that require proof before unlinking the number.

If the loss involves theft or suspected criminal activity, a separate Police Blotter or Barangay Blotter is strongly recommended and often requested by providers in addition to the affidavit.

Requirements for Executing a Valid Affidavit of Loss

To ensure the affidavit is legally sufficient and acceptable to all telecom operators and government agencies, the following are mandatory:

Personal Information of the Declarant
- Full name, age, civil status, citizenship, residence address, and contact details.
- The declarant must be the registered owner of the SIM (name must match the SIM registration record under RA 11934).
Detailed Description of the Lost Item
- Exact mobile number (e.g., 09XX-XXX-XXXX).
- SIM card serial number (ICCID) if known or printed on the original packaging.
- Date and approximate time of loss.
- Circumstances of loss (e.g., “left in a taxi,” “stolen from bag,” “misplaced at home”).
Proof of Ownership and Identity
- At least two (2) valid government-issued photo IDs (e.g., Philippine Passport, Driver’s License, UMID, SSS ID, PhilID, Voter’s ID).
- Original or certified true copy of the SIM registration confirmation (via the SIMReg app or email from the provider).
- Purchase receipt or box with ICCID (optional but helpful).
Notarization
- The document must be signed before a duly commissioned notary public.
- Notary’s seal, signature, and notarial commission details must appear.
- Community tax certificate (CTC) or BIR Tax Identification Number (TIN) and proof of payment of notarial fee (usually ₱150–₱300).
Additional Supporting Documents (Frequently Required by Providers)
- Police or Barangay Blotter (for theft cases).
- Affidavit of Non-Registration if the SIM was never formally registered.
- Authorization letter if another person is claiming the replacement.

Step-by-Step Procedure to Prepare, Notarize, and Use the Affidavit

Draft the affidavit using the template below or have a lawyer prepare it.
Print on legal-size bond paper (two copies).
Bring valid IDs and supporting documents to a notary public (lawyers, judges, or authorized banks offer this service).
Sign in the presence of the notary; pay the fee and receive the notarized original.
Immediately call the telecom hotline (Globe: 111; Smart/TNT: 888; DITO: *345) to request temporary blocking of the lost number (this prevents fraud while the affidavit is prepared).
Visit the nearest service center of the provider with:
- Notarized Affidavit of Loss (original and photocopy),
- Two valid IDs,
- SIM registration proof,
- Blotter (if applicable).
Pay the replacement fee (usually ₱50–₱100 for prepaid; may vary for postpaid).
Receive the new SIM or eSIM activation code; insert and register the new SIM using the same number.
Update the number with banks, government agencies, and apps within 24–48 hours to avoid service disruption.

The entire replacement process normally takes 15–30 minutes at the service center once the affidavit is ready.

Sample Template: Affidavit of Loss for SIM Card and Mobile Number

REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF __________________
x---------------------------------------------x

AFFIDAVIT OF LOSS

I, ______________________________, of legal age, Filipino, single/married, and a resident of __________________________________________, after having been duly sworn in accordance with law, do hereby depose and state:

That I am the registered owner of the mobile number __________________ (SIM Card ICCID: __________________ if known), which is subscribed under my name with [Name of Telecom Provider, e.g., Globe Telecom, Inc.];
That on or about __________________ (date and time of loss), the aforesaid SIM card/mobile number was lost/stolen/misplaced under the following circumstances: ___________________________________________________________________________________________;
That despite diligent search and inquiry in the places where the SIM card could possibly be found, the same could not be located or recovered;
That the said SIM card and mobile number have not been sold, transferred, or otherwise disposed of by me to any other person;
That I am executing this Affidavit of Loss to attest to the truth of the foregoing facts and for the purpose of requesting the issuance of a replacement SIM card with the same mobile number from [Telecom Provider] and for all other legal intents and purposes it may serve;
That I am fully aware that any false statement herein constitutes the crime of Perjury under Article 183 of the Revised Penal Code of the Philippines.

IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of ______________, 20 at __________________, Philippines.

Affiant
(Printed Name and Signature)

SUBSCRIBED AND SWORN to before me this ________ day of ______________, 20 at __________________, Philippines, affiant exhibiting to me his/her competent evidence of identity, to wit: [ID details and number].

Doc. No. _____;
Page No. _____;
Book No. _;
Series of 20.

Notary Public
(Printed Name, Signature, Commission Details)

Common Issues and Practical Considerations

Prepaid vs. Postpaid: Prepaid SIM replacement is faster and cheaper; postpaid requires updating the billing account.
eSIM Replacement: Most providers now issue eSIMs instantly after affidavit verification; the process is paperless once the affidavit is scanned.
Number Portability: If switching providers, the affidavit plus a Porting Request Form must be submitted to the new carrier.
Multiple Losses: Repeat affiants may face stricter scrutiny or additional requirements.
Penalties for False Statements: Perjury is punishable by 6 months to 6 years imprisonment plus fine. Telecom providers cross-check against the national SIM registry.
Validity Period: The notarized affidavit remains valid indefinitely for replacement purposes but should be used promptly to minimize fraud risk.
Free Legal Assistance: Indigent subscribers may obtain free notarization through the Public Attorney’s Office (PAO) or Integrated Bar of the Philippines (IBP) chapters.

Compliance with the foregoing requirements and procedures ensures swift recovery of the mobile number, protection of personal and financial data, and full adherence to Philippine telecommunications and evidentiary laws. The Affidavit of Loss remains the cornerstone document for safeguarding one’s digital identity in the event of SIM loss.