Everything You Need to Know About Affidavit of Loss Notarization in the Philippines
1. What an Affidavit of Loss Is
An Affidavit of Loss is a sworn written statement whereby the affiant (the person executing it) declares under oath that he or she has lost a specific document, item, or instrument (e.g., ID card, ATM card, vehicle OR/CR, stock certificate, promissory note, official receipt). Because it is a jurat—not an acknowledgment—the affiant must personally appear before the notary and swear to the truthfulness of the contents.
2. Legal Foundations
| Source of Law / Rule | Key Points |
|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) | Governs all notarizations; lays down personal appearance, competent evidence of identity, notarial register, jurat form, fees, and sanctions. |
| Civil Code of the Philippines (Arts. 1356–1358) | Contracts and certain acts may require public instruments; notarization converts a private document into a public one admissible in court without further proof of authenticity. |
| Revised Penal Code, Art. 171–172 | Penalizes falsification of documents; misrepresentations in an affidavit constitute perjury (Art. 183). |
| Local Ordinances / Integrated Bar of the Philippines (IBP) Fee Guidelines | Authorize LGUs or IBP chapters to set maximum notarial fees (typically ₱150–₱500 per document). |
3. When and Why You Need One
| Typical Lost Item | Who Usually Requires the Affidavit | Purpose |
|---|---|---|
| Government ID (Passport, Driver’s License, PRC, UMID) | Issuing agency | Pre-condition to re-issuance |
| Bank passbook / ATM card / checkbook | Bank | Close or replace the instrument and protect against fraud |
| Stock or bond certificates | Transfer agent / PSE | Cancel old certificate, issue new |
| Vehicle OR/CR | LTO, insurance | Reprint or secure duplicate copy |
| Official receipts / invoices | BIR | Substitution for lost accountable forms |
An affidavit of loss is not a substitute for a police blotter or a report to the issuing authority; those are often required in addition.
4. Drafting the Document
A standard format contains:
Title: “Affidavit of Loss.”
Personal details: Full legal name, age, civil status, citizenship, and residence.
Statement of authority: “after having been duly sworn in accordance with law, depose and state:”
Narrative of loss:
- Description of the lost item (serial / ID numbers, issuing office, date of issue, face value, etc.).
- Circumstances of loss (when, where, how; e.g., pick-pocketed in Quezon City on 30 June 2025).
- Declaration that diligent search was done but the item remains missing.
Purpose clause: e.g., “This affidavit is executed to attest to the foregoing facts and to request issuance of a replacement.”
No-liability / indemnity clause (optional but often required by banks & insurers).
Signature block: “Affiant,” with printed name.
Jurat: Filled in by the notary (date, place, competent evidence of identity presented, notary’s name, roll number, commission number & expiry, IBP & PTR numbers, MCLE compliance, doc page & book numbers).
Good practice: prepare at least three originals—one for your file, one for the notary’s register, and one (or more) for the institution that needs it.
5. Step-by-Step Notarization Procedure
Prepare the Draft
- Print on plain bond paper, using legible font.
- Do NOT sign yet; signatures must be done in the notary’s presence.
Gather Valid IDs
- Present two current government-issued IDs or one ID plus a credible witness (per Rule II §12).
- IDs must bear photo and signature (passport, driver’s license, UMID, PRC, etc.).
Appear Before a Commissioned Notary
- Personal appearance is mandatory; remote/online notarization is still pilot-only and limited to specific courts.
- Check the notary’s commission certificate displayed in the office.
Oath-Taking & Signing
- The notary will ask you to “raise your right hand” and swear (or affirm) to the truth of the affidavit.
- Sign each page; affix initials if required.
Notary’s Verification & Entry
- Notary records the act in the Notarial Register (Doc. No., Page No., Book No., Series of ___).
- Notary stamps and signs the jurat, embosses or attaches dry seal.
Payment of Fees
- Typical range: ₱150–₱500 per copy, subject to local IBP or ordinance caps.
- Ask for an official receipt (professional fee).
Releasing of Copies
- Collect the notarized originals.
- Photocopies are now public documents—attach to applications as needed.
6. Post-Notarization Uses & Filing
| Government or Private Body | Additional Actions |
|---|---|
| LTO (lost OR/CR) | Submit affidavit + LTO’s “Request for Duplicate” form + police report. |
| Banks (lost passbook/ATM) | Often require bank-supplied template plus affidavit. May also demand indemnity bond. |
| BIR (lost official receipts) | Affidavit + police blotter within 30 days; publish notice in newspaper if large volumes. |
| Insurance claims | Affidavit supports claim; insurer may investigate. |
| Embassies/Consulates | If loss happened abroad, execute affidavit at Philippine Embassy, which serves as a notarial office. |
7. Validity and Effectivity
- An affidavit does not expire per se, but agencies may set their own recency rules (e.g., must be executed within 30 days from loss).
- If the lost item is later found, you should notify the recipient agency and may execute a “Notice of Recovery” to avoid conflicting declarations.
8. Remote & Electronic Notarization
- Interim Rules on Remote Notarization (adopted 2021 for COVID-19 but limited to trial courts) allow e-notary via videoconference. They are not yet generally available; most public offices still insist on wet-ink notarization.
- Always confirm with the intended recipient if e-notarized affidavits are acceptable.
9. Liabilities & Penalties
| Offense | Legal Basis | Penalty |
|---|---|---|
| False statement (Perjury) | RPC Art. 183 | Prison correccional + fine up to ₱1,000 (may be higher under 2017 DOJ memo) |
| Falsification of notarized doc. | RPC Art. 171(1)–(2) | Prison mayor + fine; document becomes void |
| Unauthorized notarization | 2004 RNP §1(c) + §1(b)(2) | Notary’s commission revoked; criminal and administrative sanctions |
10. Practical Tips
- Use precise identifiers (serial numbers, plate number, ISBN, policy number).
- Explain diligence: brief line on efforts to locate the item strengthens credibility.
- Bring extra IDs: some notaries refuse “postal ID/PhilSys” if not yet familiar.
- Ask for a soft copy: handy for online submissions; keep PDF scanned at 300 dpi.
- Watch notarization: verify that the notary signs, stamps, and records before you leave.
- Keep a log: note date/time, notary’s name, and doc. no.—useful for later authentication.
11. Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I draft my own affidavit? | Yes, no law requires a lawyer to draft it, but using a lawyer ensures proper language and avoids omissions. |
| Is a police report mandatory? | Depends on agency: LTO, BIR, and banks usually require it; some private entities accept affidavit alone. |
| Do I need an indemnity bond? | For lost stock certificates or high-value negotiable instruments, yes. It protects issuer from double claims. |
| How many copies should I notarize? | Notaries charge per copy; secure enough originals for all agencies to which you will submit. |
| Can a foreign notary notarize my affidavit? | Generally no; must be notarized at the nearest Philippine Embassy/Consulate or apostilled/legalized if executed before a foreign notary. |
| What if I later find the lost document? | Inform the agency, execute a Notice of Recovery, and surrender the lost-and-found item if required to avoid liability. |
Conclusion
Notarizing an Affidavit of Loss in the Philippines is a straightforward but highly regulated process. Following the correct form, appearing personally before a commissioned notary, and ensuring truthfulness are critical—not only for the affidavit’s acceptance by government agencies and private institutions but also for your legal protection. When in doubt, consult a Philippine lawyer or the target agency for specific template language and supplemental requirements.