Affidavit of Loss for UMID Card: A Comprehensive Guide in the Philippine Context
Introduction
In the Philippines, the Unified Multi-Purpose Identification (UMID) Card serves as a critical tool for accessing various government services, including social security benefits, health insurance, and housing loans. Issued primarily by the Social Security System (SSS) for private sector employees and the Government Service Insurance System (GSIS) for public sector workers, the UMID Card integrates identification for SSS, GSIS, PhilHealth, and Pag-IBIG Fund. Losing this card can disrupt access to these essential services, necessitating a formal process for replacement. Central to this process is the preparation and submission of an Affidavit of Loss, a sworn legal document attesting to the circumstances of the loss. This article provides an exhaustive overview of the Affidavit of Loss for UMID Card, including its legal basis, preparation, requirements, procedural steps, and related considerations under Philippine law.
Legal Basis and Purpose of the Affidavit of Loss
Under Philippine jurisprudence, an Affidavit of Loss is a notarized statement that declares the loss of a valuable item or document, such as the UMID Card, under oath. It is governed by general principles of notarial law as outlined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and relevant administrative issuances from agencies like the SSS and GSIS. The affidavit serves multiple purposes:
- Proof of Loss: It establishes that the card was lost due to circumstances beyond the owner's control, such as theft, misplacement, or natural disaster, thereby absolving the owner from potential liability for misuse.
- Prerequisite for Replacement: Republic Act No. 9485 (Anti-Red Tape Act) and agency-specific guidelines mandate the affidavit as a key document for reissuing government-issued IDs to prevent fraud and ensure accountability.
- Legal Protection: By swearing to the facts, the affiant (the person making the affidavit) protects themselves against claims of negligence or intentional loss, and it can be used in court if disputes arise, such as identity theft involving the lost card.
Without this affidavit, replacement applications are typically rejected, as it forms part of the due diligence required by law to verify the legitimacy of the request.
When an Affidavit of Loss is Required
An Affidavit of Loss becomes necessary in the following scenarios related to the UMID Card:
- Actual Loss: If the card is misplaced, stolen, or destroyed (e.g., in a fire or flood).
- Damage Rendering It Unusable: Though primarily for loss, a damaged card may require a similar affidavit if replacement is sought.
- Non-Receipt: In rare cases where the card was issued but never received, an affidavit may be needed to affirm non-possession.
- Multiple Agency Integration: Since the UMID Card links to SSS, GSIS, PhilHealth, and Pag-IBIG, the affidavit ensures coordinated updates across these entities.
It is not required for routine renewals or updates unrelated to loss, such as address changes.
Requirements for Preparing the Affidavit
To draft an effective Affidavit of Loss, the following elements must be included, as per standard notarial requirements:
- Personal Details: Full name, age, civil status, address, and contact information of the affiant.
- Description of the Lost Item: Specific details about the UMID Card, including the Common Reference Number (CRN), issuance date (if known), and any distinguishing features.
- Circumstances of Loss: A detailed narrative of how, when, and where the loss occurred, including efforts made to locate the card (e.g., searching personal belongings or reporting to authorities).
- Declaration of Good Faith: A statement affirming that the loss was not intentional and that the affiant has no knowledge of the card's whereabouts.
- Oath and Subscription: The affidavit must end with a jurat (notarial certification) stating it was sworn before a notary public.
Additional supporting documents often required alongside the affidavit include:
- Valid government-issued IDs (e.g., passport, driver's license, or voter's ID) to prove identity.
- Police Blotter or Report: Mandatory in cases of theft or robbery, as per Philippine National Police guidelines.
- Birth Certificate or Marriage Certificate: For verification of personal details.
- Proof of Membership: SSS or GSIS records, such as Form E-1 or contribution statements.
Step-by-Step Process for Obtaining a Replacement UMID Card via Affidavit of Loss
The process involves preparation, notarization, and submission to the relevant agency. Below is a detailed walkthrough:
Draft the Affidavit: Use a standard template or consult a lawyer. Ensure the language is clear, concise, and factual. Avoid ambiguities that could lead to rejection.
Gather Supporting Documents: Collect IDs, police reports, and other proofs as listed above.
Notarize the Affidavit: Visit a licensed notary public (e.g., at a law office or municipal hall). Pay the notarial fee, typically ranging from PHP 100 to PHP 500, depending on location and complexity. The notary will administer the oath and affix their seal.
File a Police Report (If Applicable): For theft, report to the nearest police station. Obtain a certified copy of the blotter entry.
Submit to the Issuing Agency:
- For SSS-Issued UMID Cards: Proceed to the nearest SSS branch. Fill out the UMID Card Application Form (E-6) and attach the affidavit and supporting documents. Processing time is usually 30 days.
- For GSIS-Issued UMID Cards: Visit a GSIS office or authorized center. Submit the affidavit with the GSIS eCard/UMID Application Form.
- Online Options: SSS allows initial reporting via the My.SSS portal, but physical submission of the affidavit is still required.
Pay Replacement Fees: SSS charges PHP 200 for replacement, while GSIS may have varying fees (around PHP 150–300). Fees are non-refundable and payable at the branch.
Verification and Issuance: The agency verifies the documents, checks for any flags (e.g., reported misuse), and issues a new card. The new UMID will retain the original CRN but may have updated security features.
Follow-Up: Track the status online or via phone. If denied, reasons include incomplete documents or discrepancies, which can be appealed through the agency's grievance mechanisms.
Sample Affidavit of Loss Template
Below is a basic template adaptable to individual circumstances:
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 a member of the [SSS/GSIS] with Common Reference Number (CRN) [CRN Number].
- That I was issued a Unified Multi-Purpose Identification (UMID) Card on or about [Issuance Date, if known].
- That on or about [Date of Loss], at [Place of Loss], I lost the said UMID Card under the following circumstances: [Detailed Narrative, e.g., "While commuting via public transportation, my wallet containing the card was stolen."].
- That despite diligent efforts to locate the same, such as [Efforts Made, e.g., "searching my home and reporting to the police"], I have not recovered the card.
- That I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of securing a replacement UMID Card.
IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Location].
[Signature of Affiant]
[Full Name]
SUBSCRIBED AND SWORN to before me this [Date] at [Location], affiant exhibiting to me [ID Type and Number] issued at [Issuance Place] on [Issuance Date].
[Notary Public Signature]
Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].
Potential Challenges and Legal Implications
- Fraudulent Declarations: Perjury under Article 183 of the Revised Penal Code carries penalties of arresto mayor (1–6 months imprisonment) if false statements are made.
- Delays in Processing: High volume at branches can extend timelines; expedited services are unavailable.
- Multiple Losses: Repeated affidavits may trigger scrutiny, potentially requiring additional affidavits or hearings.
- Data Privacy: Under Republic Act No. 10173 (Data Privacy Act), agencies must handle personal information securely during the process.
- Special Cases: For minors or incapacitated individuals, a guardian's affidavit may be required. Overseas Filipinos can notarize at Philippine consulates.
Tips and Reminders for a Smooth Process
- Keep photocopies of your UMID Card and CRN for reference.
- Report the loss immediately to prevent identity theft; contact SSS/GSIS hotlines (e.g., SSS: 1455).
- Use online portals for preliminary steps to save time.
- Consult free legal aid from the Public Attorney's Office if drafting is challenging.
- Always verify current fees and requirements at official agency websites or branches, as administrative rules may evolve.
This process underscores the importance of safeguarding government-issued IDs in the Philippines, ensuring continuity of social services while upholding legal accountability. By following these steps meticulously, individuals can efficiently restore access to their benefits.