Affidavit of Loss for Spouse in the Philippines — A Comprehensive Guide

1. What Is an “Affidavit of Loss”?

An Affidavit of Loss is a sworn written statement narrating how, when, and where a specific document, item, or instrument was lost, and asking the institution concerned to issue a replacement. It is governed by general rules on affidavits in the Civil Code (Articles 1175–1181), the 2004 Rules on Notarial Practice, and the Revised Penal Code provisions on perjury and falsification (Articles 171–172).

When a spouse executes (or needs) the affidavit, the purpose is usually to replace something jointly owned, prove marital capacity to transact, or show good faith in the loss of an item that affects conjugal or community property relations.

2. Typical Situations Requiring an Affidavit of Loss by/for a Spouse

Scenario	Why It Matters
Lost PSA-issued Marriage Certificate	Needed to claim benefits, file civil registry corrections, or apply for bank loans or visas.
Lost Conjugal Bank Passbook / Time Deposit Certificate	Banks require an affidavit from both spouses (or one, with authority) before issuing a new passbook or processing closure.
Lost Land/Condominium Title (TCT/CCT) in Both Names	A preliminary step to a Petition for Re-Issuance of Owner’s Duplicate Title (Sec. 109, P.D. 1529).
Lost Car Official Receipt (OR)/Certificate of Registration (CR)	LTO requires an affidavit from the registered spouse(s) to re-issue.
Lost Insurance Policy or Pag-IBIG/SSS Borrower’s Card	Insurers and government funds require the affidavit before honoring claims or releasing proceeds.

3. Who May Execute the Affidavit

Individual Spouse – for personal-only property or documents (e.g., her own driver’s licence).
Both Spouses (Joint Affidavit of Loss) – strongly advised if the lost item is conjugal/community or separately owned but relied upon by both.
Attorney-in-Fact – if one spouse is abroad; must present a Special Power of Attorney (SPA) authorizing execution of the affidavit.

4. Essential Elements & Clauses

Every affidavit of loss must contain ALL of the following:

Affiant’s Personal Details Full name, age, Filipino citizenship, civil status (married), residence.
Marital Link State the full name of the spouse and date/place of marriage (to tie the document to conjugal interests).
Description of the Lost Item Exact title, number, account, folio, issuing agency, date issued.
Circumstances of Loss When, where, and how it was lost (e.g., pick-pocketed in Quezon City on 15 May 2025 while commuting).
Diligent Search and Failure to Locate A statement that despite diligent efforts, the document cannot be found and is presumed irretrievably lost.
Undertaking Promise to surrender the original if later found and to hold concerned entities free from liability.
Purpose Clause E.g., “for the issuance of a certified true copy / replacement passbook.”
Verification A jurat (sworn before a notary public) with documentary stamp tax (DST) of ₱30 under Sec. 188, NIRC.

5. Notarial Formalities

Appear in person before a duly commissioned notary public.
Present competent evidence of identity (at least one government ID with photo and signature).
Sign the affidavit in the notary’s presence; the notary completes the jurat.
Notary enters the act in the Notarial Register and attaches photocopies of IDs.
Pay notarial fee (commonly ₱200–₱500) plus DST.

Tip: Bring the other spouse and sign a Joint Affidavit when the lost item is conjugal; some entities reject solo affidavits for joint property.

6. Filing & Replacement Procedures (by Agency)

Document Lost	File Affidavit With	Subsequent Steps
Marriage Certificate	PSA or Local Civil Registry	Request for Certified True Copy (CTC) or Negative Certification.
Bank Passbook	Branch of account	Fill in bank “Loss Report” form; pay replacement fee; 5–15 banking days wait.
Land Title	Registry of Deeds (ROD) of province/city	Publish notice, secure court order (if needed), pay ROD fees, get new owner’s duplicate title.
Vehicle OR/CR	LTO branch of registration	File MVIR, pay penalties, await new OR/CR release.
SSS/Pag-IBIG Card	Respective branch	Submit affidavit, accomplished forms, and valid IDs; new card mailed or released over counter.

Agencies often require original affidavit plus photocopies of two IDs of the signing spouse(s). Keep several notarized originals to avoid repeated notarization.

7. Template (Joint Affidavit of Loss)

JOINT AFFIDAVIT OF LOSS

WE, Juan Dela Cruz, Filipino, of legal age, married, and Maria Santos-Dela Cruz, Filipino, of legal age, married to each other, both residents of #123 Mabuhay St., Quezon City, after being duly sworn, depose and state that:

We are the lawful owners of BPI Passbook No. 123-456-789 covering our joint account opened on 12 January 2022.

On 15 May 2025, while commuting home aboard a public jeepney plying Cubao–Project 4, Maria discovered that her bag had been forcibly opened and the said passbook was missing.

We conducted a diligent search, inquired with the jeepney association, checked lost-and-found centers, and reported to Barangay [X], but to no avail.

We believe the passbook is now beyond recovery. Should it surface, we undertake to surrender it to BPI immediately.

This affidavit is executed to comply with BPI’s requirement for the issuance of a replacement passbook and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, we have hereunto signed this 20 June 2025 in Quezon City.

[Signatures]

SUBSCRIBED AND SWORN to before me …

(End of sample — attach DST, IDs, and notary details.)

8. Frequently Asked Questions

Validity Period? There is no legal expiry, but institutions typically accept affidavits executed within six (6) months of filing. Update if significantly dated.
Need Both Spouses’ Signatures? Best practice for conjugal property. Some entities waive this if a notarized SPA from the absent spouse is attached.
Can It Be Done Abroad? Yes—execute before the nearest Philippine Embassy or Consulate (red-ribbon no longer required but apostille or Authentication Certificate may be).
Affidavit of Loss vs. Police Report? The affidavit is usually enough. A police blotter boosts credibility for theft or robbery-related losses.
Criminal Liability for False Statements? Making a false affidavit constitutes perjury (Art. 183, RPC), punishable by imprisonment of up to six (6) years and a fine.

9. Practical Tips

Keep Photocopies or Scans of critical documents—banks and government agencies often waive some requirements if you can show a copy.
Secure Multiple Originals at notarization; photocopies certified true by the notary cost less than re-executing later.
Label Personal & Conjugal Files Separately to simplify tracing lost items.
Report Loss Promptly—delay can raise suspicion and complicate replacement.

10. Conclusion & Disclaimer

An Affidavit of Loss is a straightforward yet legally significant document. For spouses, its impact extends to conjugal or community property and transactions, so accuracy and proper notarization are crucial. This article gives a broad overview grounded in Philippine practice as of 20 June 2025. It does not constitute legal advice. Situations vary; when large sums, real property, or litigation are involved, consult a Philippine lawyer or the agency concerned for updated, case-specific guidance.