Affidavit of Loss for a Stolen Mobile Phone in the Philippines
A comprehensive practitioner‑style guide
1. What an “Affidavit of Loss” Is & Why It Matters
An Affidavit of Loss is a sworn, notarized statement in which the owner formally declares that a specific property—in this case a mobile phone (and usually its SIM card)—was lost through theft and is now beyond their control. It serves four main functions:
| Purpose | Typical addressee |
|---|---|
| Establish ownership & good faith | Police, courts, insurers |
| Trigger administrative remedies (block IMEI, re‑issue SIM) | National Telecommunications Commission (NTC), mobile network operator |
| Comply with contractual requirements | Post‑paid plan provider, employer’s asset registry |
| Provide documentary basis for replacement or claim | Insurance companies, gadget‑protection plans |
2. Governing Legal & Regulatory Framework
| Source | Key provision / relevance |
|---|---|
| Civil Code Art. 1189 & 2224 | Loss of determinate thing; recoverable damages |
| Revised Penal Code, Art. 315 & 183 | Sworn statement’s falsity = perjury/estafa |
| 2004 Rules on Notarial Practice | Formalities, jurisdiction, notary fees |
| RA 8792 (E‑Commerce Act) | Allows e‑signature for affidavits but notarization still needs in‑person or authorized remote session |
| NTC Memorandum Order 01‑02‑2013 & subsequent Circulars | Sets out IMEI blocking procedures on submission of notarized affidavit & police blotter |
| RA 11934 (SIM Registration Act, 2022) | Requires sworn declaration plus valid ID to deactivate/re‑issue stolen SIM |
| Data Privacy Act of 2012 | Protects personal data contained in the affidavit (IMEI, phone number, addresses) |
3. Who May Execute the Affidavit
- Registered owner of the phone (supported by official receipt or telco account).
- Authorized representative with Special Power of Attorney (SPA).
- Parents/guardians of a minor owner, citing parental authority under Art. 218, Family Code.
4. Core Contents of an Affidavit of Loss (Stolen Mobile Phone)
- Affiant’s personal details – full name, citizenship, civil status, address, valid ID.
- Ownership statement – brand, model, IMEI, serial number, mobile number, purchase details.
- Circumstances of theft – date, time, place, manner (e.g., snatching, robbery), police blotter reference.
- Diligent search & inability to recover – “Despite diligent efforts, said property remains unrecovered and beyond my control.”
- Purpose clause – e.g., “to request IMEI blacklisting, SIM replacement, and insurance reimbursement.”
- Oath & jurat – signed in the presence of the notary, with government‑issued ID indicated.
5. Typical Supporting Documents
| Document | Where to obtain |
|---|---|
| Police blotter extract / spot report | Nearest PNP station |
| Purchase receipt / sales invoice | Retailer or telco dealer |
| Device box with IMEI sticker (photo) | Owner’s records |
| Copy of SIM Registration | Telco or owner’s online portal |
| Two government‑issued IDs | e.g., Passport, Driver’s License |
6. Step‑by‑Step Preparation & Notarization
- Draft the affidavit (see template below).
- Attach photocopies of IDs & proof of ownership.
- Appear before a notary public within your city/municipality; sign in his/her presence.
- Pay the notarial fee (customarily ₱200 – ₱500 for a simple 2‑page affidavit, but regulated by the Integrated Bar of the Philippines’ Fee Schedule).
- Receive notarized copy stamped with documentary stamp tax (₱30 on the first five pages).
7. After‑Notarization Actions
| Agency / Entity | Action | Typical turnaround |
|---|---|---|
| Police | Attach affidavit to blotter; request certification | Same day |
| NTC (Consumer Welfare Division) | File request to blacklist IMEI; present affidavit + blotter + ID | 3‑7 business days |
| Telco (Globe, Smart, DITO, etc.) | SIM re‑issue; requires affidavit, ID, SIM registration details, fee ≈ ₱50‑₱100 | 30 minutes – 1 hour |
| Insurer / Bank (if phone secures e‑wallet/banking) | Submit claim; may ask for additional sworn statements | 10‑30 days |
8. Sample Template (adjust to facts)
REPUBLIC OF THE PHILIPPINES ) City of ___________ ) S.S.
AFFIDAVIT OF LOSS
I, JUAN DELA CRUZ, Filipino, single, of legal age, and a resident of 123 Mabini St., Makati City, after having been duly sworn to in accordance with law, hereby depose and state that:
- I am the lawful owner of one (1) unit Apple iPhone 15 Pro, color black titanium, IMEI No. 356789011234567, mobile number +63 917 123 4567, purchased on 15 February 2025 from Power Mac Center, as evidenced by Official Receipt No. PMC‑12345 (copy attached).
- On 27 July 2025, at around 8:45 p.m., while commuting along EDSA Southbound, Mandaluyong City, an unidentified male forcibly took said mobile phone from my hand and fled. A theft incident was blottered under Entry No. MB‑2025‑07‑1234 at the Mandaluyong City Police Station (certification attached).
- Despite diligent efforts to locate and recover the device, including reporting the matter to the police and contacting my service provider, I have been unable to recover said phone, and the same is now beyond my control.
- This Affidavit is executed to attest to the truth of the foregoing facts and to support my request for (a) IMEI blacklisting with the National Telecommunications Commission, (b) SIM card replacement with Globe Telecom, and (c) insurance claim under Policy No. GAD‑55555.
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of __________ 2025 in Makati City, Philippines.
JUAN DELA CRUZ Affiant
SUBSCRIBED AND SWORN to before me this __ day of __________ 2025, affiant exhibiting to me his Philippine Passport No. P1234567A, valid until 30 June 2030.
Doc. No. ___; Page No. ___; Book No. ___; Series of 2025.
9. Practical Tips & Common Pitfalls
- Act quickly — NTC blacklisting is more effective when done within 24–48 hours.
- Describe the device precisely — include accessories if insured.
- Avoid exaggeration — false statements expose you to perjury (Up to 6 years imprisonment & fine).
- Check notarization details — missing documentary stamp or ID number invalidates many affidavits.
- Keep multiple copies — telco, NTC, insurer and employer may each require originals.
10. Frequently Asked Questions
| Question | Short answer |
|---|---|
| Is a police report always required? | Telcos usually require it; NTC mandates it for IMEI blocking. |
| Can I use a Barangay Certification instead? | Rarely accepted; insurers & NTC prefer official PNP blotter. |
| May I notarize online? | Yes, under the Supreme Court’s Interim Rules on Remote Notarization (2020), if notary offers it and you have audio‑video link + e‑signature. |
| How long is the affidavit valid? | No fixed expiry, but most entities consider it current if executed within 30 days of filing. |
| What if I later recover the phone? | Notify NTC & telco to lift the block and avoid liability for false reporting. |
11. Consequences of Non‑Compliance or False Declarations
- Perjury (Art. 183, RPC) – imprisonment up to prision correccional (6 months + 1 day – 6 years) and fine.
- Civil liability – insurer may deny claim or sue for restitution.
- Criminal liability for estafa if claim paid on fraudulent affidavit.
12. Data Privacy & Security Considerations
- Affidavit contains sensitive device identifiers (IMEI) and personal data.
- Under RA 10173, keep it in secure custody; disclose only to authorized agencies.
- Telcos & NTC are considered Personal Information Controllers (PICs) and must process data in accordance with the NPC’s guidelines.
13. Remote/Electronic Notarization Quick Checklist
- Ensure notary is commissioned for e‑notarization.
- Use a qualified digital certificate & valid ID shown on camera.
- Notary maintains audio‑video recording for at least 10 years.
- Electronically‑notarized affidavits bear a QR code & digital signature verifiable online.
14. Key Takeaways
- Accuracy & promptness are critical—file your sworn statement and supporting police blotter immediately.
- Observing the proper form and notarization rules preserves the document’s evidentiary weight.
- The affidavit is indispensable for IMEI blacklisting, SIM replacement, and insurance claims; skipping it may leave you liable for fraudulent usage of your lost phone.
Disclaimer: This article provides general information only and does not constitute legal advice. Laws and administrative issuances may change, and specific circumstances vary. For tailored guidance, consult a Philippine lawyer or the concerned agency.