I. What an Affidavit of Loss Is
An Affidavit of Loss is a written, sworn statement executed by a person (the affiant) declaring that a particular item or document has been lost, describing how it was lost, and attesting that despite diligent efforts, it cannot be located. It is signed before a person authorized to administer oaths—most commonly a notary public—and becomes a notarized affidavit.
In Philippine practice, an Affidavit of Loss is a standard documentary requirement used by government agencies, banks, schools, employers, and private institutions to (a) create a formal record of the loss, and (b) serve as the basis for issuing replacements, reprints, certified true copies, or for blocking/cancelling instruments that may be misused.
Why institutions require it
Institutions typically require an affidavit because the loss creates risk:
- Risk of fraud (e.g., someone using a lost ID, ATM, checkbook, or passbook)
- Risk of double issuance (e.g., replacing an official receipt, diploma, license, or certificate)
- Risk of disputed transactions (e.g., lost receipts, titles, contracts, or instruments)
- Risk of identity misuse (e.g., SIM, wallet, IDs)
An affidavit is not automatically “proof” that a document is truly lost, but it is a formal declaration under oath that can carry legal consequences if false.
II. When You Need an Affidavit of Loss
Whether you “need” an Affidavit of Loss depends on the issuer and the purpose of replacement or cancellation. In general, you will need it when the lost item is:
- Issued by a government agency
- A financial instrument or access tool (bank cards, passbooks, checkbooks)
- A document with legal effects (contracts, certificates, receipts)
- A credential needed for employment, school, travel, or transactions
Below are common scenarios in the Philippines.
A. Government-issued IDs and records
Often required when replacing or reissuing:
- Driver’s license
- Professional licenses and ID cards
- Civil registry documents used in applications (if you lost the original copy you had)
- Barangay clearances, permits, and certain local government documents
- Lost national or agency IDs (requirements vary per issuing office)
Tip: Some offices require a police report in addition to the affidavit, especially if theft is involved or if the lost item may be used fraudulently.
B. Banking and financial documents/instruments
Commonly required for:
- Lost ATM/debit/credit cards
- Lost passbooks
- Lost checkbooks
- Lost bank certificates, deposit slips, or official receipts (replacement may be limited)
- Lost pawnshop tickets
- Lost insurance policies or certificates (sometimes)
- Lost stock certificates (usually with additional requirements)
Banks often treat affidavits as part of their risk and compliance protocols and may impose waiting periods, indemnity undertakings, or additional identity verification.
C. Employment and HR documents
Sometimes required for:
- Lost company ID or access card
- Lost pay slips, certificates of employment, or HR-issued documents (varies)
- Lost government remittance records (SSS/PhilHealth/Pag-IBIG printouts: often re-printable without affidavit, but some employers request one)
D. School records and credentials
Often required to request:
- Replacement diploma
- Replacement TOR (Transcript of Records) copy you personally lost
- Replacement certificates (completion, good moral, etc.) Schools may also require publication or internal “lost document” process depending on the nature of the credential.
E. Receipts and proof of payment
Affidavits are frequently required for lost:
- Official receipts (OR) used for claims, refunds, or verification Be aware: many issuers will not “replace” an OR as another original, but may issue a certification or certified copy based on records.
F. Property and registrable documents
For these, requirements are typically stricter:
- Lost tax declarations, local permits, or clearances
- Lost land title owner’s duplicate certificate (high-stakes; generally requires a more formal legal process beyond a simple affidavit)
- Lost deeds, contracts, or notarized instruments (often affidavits plus certified copies or reconstitution steps)
- Lost vehicle documents (varies; theft often triggers police report)
Important: For particularly high-value or registrable documents (especially those that may affect ownership), an affidavit may be only the first step, and additional proceedings may be required to protect rights and prevent fraud.
G. Lost SIM card (prepaid/postpaid) and mobile wallet access
Telcos and e-wallet providers sometimes require an affidavit when:
- SIM is lost with the phone
- There’s a dispute risk
- The account is used for financial transactions (e.g., OTP-dependent access)
III. Affidavit of Loss vs. Police Report: What’s the Difference?
Affidavit of Loss
- A sworn statement by the person who lost the item
- Usually notarized
- Used mainly for replacement/cancellation requirements
Police Report / Blotter
An official record made with the police (or barangay blotter in some situations)
Often requested when:
- The item was stolen (not merely misplaced)
- There is suspected identity theft
- The institution’s policy requires it for sensitive instruments (IDs, bank items, licenses)
General rule of thumb:
- Misplaced/unknown loss → affidavit often sufficient
- Theft/robbery → affidavit + police report commonly required
IV. Legal Effects and Risks of Executing an Affidavit of Loss
A. It is executed under oath
Signing an affidavit means you are swearing to the truth of the statements. A false affidavit can expose the affiant to criminal and civil consequences, and can lead to denial of requests and blacklisting by institutions.
B. It is not a magic shield from liability
An affidavit does not automatically:
- Reverse unauthorized transactions
- Remove liability for negligence
- Guarantee issuance of replacements
Institutions may still:
- Investigate the loss
- Require additional documents
- Impose fees or waiting periods
- Deny replacement if policy or law disallows it
C. It can support later disputes
If there is later misuse, the affidavit can be part of your documentation showing:
- When you declared the loss
- What steps you took
- Your good faith and diligence
V. Who May Execute the Affidavit
Generally, the affiant is the person:
- In whose name the document/instrument was issued; or
- Who had lawful custody/possession and personal knowledge of the loss.
If the owner is unavailable, a representative may sometimes execute an affidavit, but the receiving institution may require:
- Proof of authority (SPA, authorization letter, guardianship documents, corporate board resolution, etc.)
- The representative’s personal knowledge and explanation of custody
For minors or persons under guardianship, a parent/guardian may execute, depending on the institution’s policy.
VI. Requirements and Contents of a Proper Affidavit of Loss
There is no single mandatory “one-size-fits-all” template, but a proper Philippine affidavit typically contains:
A. Caption and title
- “Republic of the Philippines”
- City/Municipality and Province
- Title: “AFFIDAVIT OF LOSS”
B. Affiant’s personal circumstances
- Full name
- Citizenship
- Age
- Civil status
- Address
- Government-issued ID details (often used by notary)
C. A clear statement of loss
Include:
- Exact description of what was lost (document name, number, date issued, issuing entity)
- When it was lost (date and approximate time if known)
- Where it was lost (place, city)
- How it was lost (misplaced, left in a vehicle, stolen, lost during travel, etc.)
D. Diligent search/efforts
A statement that you exerted efforts to locate it, such as:
- Searching your home/office/bag
- Contacting places visited
- Asking possible custodians This is common because institutions want assurance it’s not merely “temporarily misplaced.”
E. Purpose of the affidavit
A statement such as:
- “I am executing this affidavit to attest to the foregoing facts and to support my request for replacement/reissuance/cancellation…”
F. Undertakings (if needed)
Some institutions want extra language, such as:
- Undertaking to surrender the original if found
- Undertaking to indemnify the issuer for losses arising from misuse If the institution has a standard clause, it’s safer to adopt it.
G. Jurat and signatures
- Signature of affiant
- Notarial jurat (sworn before notary)
- Date and place of notarization
- Notarial details
VII. How to Secure an Affidavit of Loss (Step-by-Step)
Step 1: Confirm the receiving institution’s requirements
Before drafting, identify whether they require:
- Specific wording or format
- Additional attachments (police report, valid IDs, request form)
- Particular details (document serial numbers, account numbers)
- Waiting periods or fees
This prevents having to redo the affidavit.
Step 2: Gather essential details
Prepare:
- Full name and correct address
- Document/instrument identifiers (numbers, dates, issuing entity)
- Circumstances of loss (date, place, how)
- Purpose (replacement, reissuance, cancellation, claim, etc.)
If you don’t remember exact details (e.g., ID number), state what you know and avoid guessing. Some institutions may allow “serial number unknown” with further verification.
Step 3: Draft the affidavit
You may:
- Draft it yourself
- Use a law office template
- Use a notary’s template (common in practice)
Ensure accuracy, clarity, and consistency with any supporting documents.
Step 4: Appear before a notary public
Bring:
- At least one valid government-issued ID (many notaries require two)
- Photocopies, if requested You must personally appear; notarization is not supposed to be done without appearance.
The notary will:
- Verify identity
- Confirm you understand the affidavit
- Administer the oath
- Notarize and record the act
Step 5: Obtain multiple copies
It’s common to secure:
- At least one original for the requesting institution
- One extra original for your records
- Photocopies for submission to other offices Some institutions require an original notarized copy.
Step 6: Submit and follow the institution’s next steps
Depending on the item, the next steps may involve:
- Paying reissuance fees
- Identity verification
- Waiting periods
- Cancellation/blocking requests
- Issuance of replacement documents
VIII. Where to Get It Notarized and Typical Considerations
A. Notary public (law office or notarial services)
Most affidavits of loss are executed before a notary public. You’ll typically find notarial services:
- In law offices
- Near courthouses, city halls, business districts, and commercial areas
B. Other authorized officers (special situations)
For Filipinos abroad, affidavits may be executed before:
- A Philippine consular officer (through the embassy/consulate) This serves a similar function for Philippine use.
C. Practical considerations
- Ensure your name and details match your ID exactly
- Double-check numbers and dates
- Avoid vague statements when specificity is available
- If theft is involved, secure a police report first if required
IX. Special Scenarios and Additional Requirements
A. If the loss was due to theft, robbery, or suspected fraud
You may need:
- Police report / blotter
- Additional identity verification
- Affidavit stating that the loss was due to theft and whether items were taken together (wallet, phone, IDs)
B. If the lost item is jointly owned or jointly issued
Examples:
- Joint bank accounts
- Co-issued documents Institutions may require:
- Affidavits from both parties
- Joint request forms
C. If the lost document belongs to a company
A company may need:
- Secretary’s certificate / board resolution authorizing the affiant
- IDs of authorized signatories
- Company stamp requirements (policy-based)
D. If the document is critical evidence or part of a dispute
Where the lost document is central to a legal claim (e.g., contract, receipt, promissory note), additional steps may include:
- Secondary evidence procedures
- Requests for certified copies from issuers
- Formal demands or judicial processes An affidavit helps establish the fact of loss and efforts to locate, but does not automatically substitute for all legal purposes.
X. Common Mistakes to Avoid
Guessing numbers/dates If unsure, state that the number is “unknown” and rely on issuer verification.
Using a generic affidavit that doesn’t match the institution’s purpose Mismatch causes rejection (e.g., affidavit says “replacement” but you need “cancellation and reissuance”).
Vague circumstances “Somewhere in Manila” or “lost last year” may be unacceptable if the institution needs more specific dates/places.
Omitting diligent efforts Institutions often want to see a statement that you searched and still cannot find it.
No personal appearance for notarization Notarization requires personal appearance; improper notarization can cause rejection and other issues.
Not keeping copies and proof of submission Keep a scanned copy and proof of receiving the affidavit (acknowledgment, receiving copy, email trail).
XI. Sample Affidavit of Loss (General Template)
REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.
AFFIDAVIT OF LOSS
I, [Full Name], [Filipino], [age] years old, [civil status], and residing at [address], after having been duly sworn in accordance with law, hereby depose and state that:
- I am the lawful owner/holder of [describe the document/item] issued by [issuing office/institution], with details as follows: [ID/serial/account/document number if known; date issued if known].
- On or about [date], I discovered that the said [document/item] was missing and, despite diligent efforts to locate it, I have been unable to find the same.
- The said [document/item] was lost under the following circumstances: [brief narration of how/where it was lost].
- I am executing this affidavit to attest to the truth of the foregoing and for the purpose of [replacement/reissuance/cancellation/whatever purpose].
- Should the original [document/item] be found, I undertake to surrender it to [issuing office/institution] and/or to take such steps as may be required to prevent its misuse.
IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month] [year] in [place], Philippines.
[Full Name of Affiant] Affiant
SUBSCRIBED AND SWORN to before me this [day] of [month] [year] in [place], affiant exhibiting to me [type of ID] with ID No. [number], valid until [date].
Notary Public
Note: Many institutions require inserting specific identifiers, undertakings, or disclaimers. When the affidavit is for a bank instrument, a school credential, or a license, adjust the description and purpose accordingly.
XII. Fees, Processing Time, and Practical Expectations
- Notarial fees vary widely by location and by complexity/urgency, and may be higher if the affidavit is part of a package (e.g., with SPA or indemnity).
- Processing time is usually same-day for notarization once the affidavit is prepared and IDs are presented.
- Replacement timelines depend on the issuing institution and may be immediate (some IDs) or take days/weeks (licenses, credentials, records).
XIII. Key Takeaways
- An Affidavit of Loss is a sworn, notarized statement documenting the loss and supporting requests for replacement, reissuance, or cancellation.
- You usually need it for government IDs, banking instruments, credentials, and documents with legal or financial effects.
- Theft-related losses commonly require a police report in addition to the affidavit.
- The affidavit should be specific, accurate, and purpose-driven, and notarized with personal appearance and valid IDs.