In the Philippines, losing a vital document or a physical asset is not just an inconvenience—it is a legal hurdle. Whether it’s a government ID, a land title, or a pawnshop ticket, most institutions require a formal declaration before they can issue a replacement. This declaration is known as an Affidavit of Loss.
What is an Affidavit of Loss?
An Affidavit of Loss is a legal document where an individual (the "affiant") declares under oath the circumstances surrounding the loss of a specific item or document. Since it is executed under oath, any deliberate falsehood within the document can lead to criminal liability for perjury under the Revised Penal Code.
Common Uses
You will typically need this document for the loss of:
- Government IDs: Driver’s License, Passport, UMID, or PRC ID.
- Financial Documents: ATM cards, Passbooks, or Checkbooks.
- Ownership Titles: Certificate of Registration (CR) for vehicles or Land Titles.
- Academic Records: Diplomas or Transcripts of Records.
Essential Content of the Affidavit
For an Affidavit of Loss to be legally sufficient and accepted by government agencies or private institutions, it must contain the following specific details:
- Heading and Title: Usually titled "Affidavit of Loss."
- Affiant’s Identity: Full name, citizenship, civil status, and residence address.
- Description of the Item: Specific details such as the ID number, serial number, or the issuing body.
- Circumstances of Loss: A brief but clear narration of how, when, and where the item was lost (e.g., "misplaced inside a moving vehicle" or "lost during a house renovation").
- Efforts to Find: A statement that despite diligent efforts, the item could not be found.
- Purpose: A declaration that the affidavit is being executed to attest to the truth of the facts and for whatever legal purpose it may serve (usually for replacement).
- Signature: The affiant must sign the document in the presence of the Notary Public.
- Jurat: The section at the bottom where the Notary Public signs and seals the document.
The Requirements for Filing
While the document itself is straightforward, you must prepare the following before heading to a notary:
- Valid Government ID: The notary must verify your identity. If you lost your only ID, you might need to bring a witness who can vouch for your identity or present alternative secondary IDs (e.g., NBI clearance, PSA Birth Certificate).
- Draft of the Affidavit: You can write this yourself, download a template, or have the notary’s office draft it for you for an extra fee.
- Filing Fee: Also known as the "notarial fee."
Where to Notarize
In the Philippines, an affidavit only gains legal standing once it is notarized. You can have it notarized at:
1. Private Law Offices
Most private lawyers are commissioned as Notaries Public. This is the most common route. Fees vary depending on the complexity of the document and the location of the office.
2. Notarial Stalls
Often found near government buildings (like the LTO, DFA, or City Hall). These are convenient for quick processing, though ensure the person notarizing is a legitimate commissioned notary for the current year.
3. Public Attorney’s Office (PAO)
If you are an "indigent litigant" (meaning your income falls below a certain threshold), you may seek notarial services at the PAO for free, though this is usually reserved for those who truly cannot afford private legal services.
Step-by-Step Process
| Step | Action |
|---|---|
| 1 | Draft: Prepare the narrative of how you lost the item. |
| 2 | Visit Notary: Go to a Notary Public with a valid ID. |
| 3 | Sign: Sign the document only in front of the Notary or their authorized assistant. |
| 4 | Thumbmark: Some notaries require a thumbmark in their Notarial Register. |
| 5 | Pay and Receive: Pay the fee and get your notarized copy (usually 2-3 copies are made: one for you, one for the notary, and one for the Clerk of Court). |
Legal Tip: Always make a digital scan or photocopy of your notarized Affidavit of Loss before submitting the original to an agency. Some agencies may require the "Original Copy," while others may accept a "Certified True Copy."
Would you like me to draft a basic template for an Affidavit of Loss that you can fill out?