Affidavit of Loss Notarization Requirements in the Philippines

Introduction

An Affidavit of Loss is a sworn written statement executed by a person who has lost a document, identification card, certificate, instrument, or other important item. In the Philippines, it is commonly required when applying for replacement documents such as government IDs, certificates of title, certificates of registration, school records, company IDs, receipts, passbooks, checks, stock certificates, insurance policies, and similar records.

The affidavit serves two main purposes. First, it formally declares the circumstances surrounding the loss. Second, because it is sworn before a notary public, it carries legal significance and may be relied upon by government offices, banks, schools, employers, corporations, and other institutions when processing a replacement or cancellation of the lost item.

An Affidavit of Loss is not merely a casual written explanation. Once notarized, it becomes a public document and may expose the affiant to criminal, civil, or administrative liability if the statements made are false.


Nature and Purpose of an Affidavit of Loss

An Affidavit of Loss is a type of affidavit. An affidavit is a written statement of facts voluntarily made by a person under oath before an officer authorized to administer oaths, such as a notary public.

In the context of loss, the affidavit usually states:

  1. The identity of the person executing the affidavit.
  2. The description of the lost item or document.
  3. The circumstances of the loss.
  4. The efforts made to locate or recover the item.
  5. A declaration that the item has not been transferred, assigned, pledged, sold, or used for any illegal purpose.
  6. The purpose for which the affidavit is being executed, usually to request a replacement, cancellation, annotation, or reissuance.

The affidavit is meant to provide a formal written record that the loss occurred. It does not automatically prove ownership in every case, nor does it automatically entitle the person to a replacement. The receiving agency or institution may still require additional documents, publication, police reports, board resolutions, indemnity undertakings, or internal approvals.


Common Uses of an Affidavit of Loss in the Philippines

An Affidavit of Loss is commonly required for the replacement or processing of lost documents and items, including:

Government-Issued Identification Cards

Examples include lost UMID, SSS ID, PhilHealth ID, Pag-IBIG loyalty card, driver’s license, PRC ID, postal ID, national ID transaction slips, and other government-issued identification documents.

Some agencies may require only the affidavit and valid ID, while others may require a police report, application form, replacement fee, or personal appearance.

Certificates and Civil Registry Documents

Lost birth certificates, marriage certificates, death certificates, or PSA-issued copies usually do not require an affidavit if the person simply requests a new certified copy from the Philippine Statistics Authority. However, some institutions may ask for an affidavit if the lost certificate was part of a submitted file or if a specific original copy was required.

Land Titles

A lost owner’s duplicate certificate of title is a more serious matter. An Affidavit of Loss alone is not enough to secure a replacement owner’s duplicate title. Replacement of a lost title generally requires judicial proceedings, publication, notice, and compliance with land registration requirements.

The affidavit may be used as one supporting document, but the owner usually needs to file the proper petition before the appropriate court.

Motor Vehicle Documents

For lost certificates of registration, official receipts, plates, driver’s licenses, and related documents, the Land Transportation Office may require an Affidavit of Loss, valid identification, application forms, payment of fees, and sometimes a police report or clearance depending on the lost item and current LTO requirements.

Bank Documents

Banks may require an Affidavit of Loss for lost passbooks, checkbooks, manager’s checks, certificates of deposit, ATM cards, or other banking instruments. However, banks often impose additional requirements, such as stop-payment requests, indemnity agreements, internal forms, account verification, and replacement fees.

For lost checks or negotiable instruments, immediate notice to the bank is important to reduce the risk of unauthorized negotiation or encashment.

School Records and IDs

Schools may require an Affidavit of Loss for lost student IDs, library cards, examination permits, diplomas, transcripts, certificates, or other academic records. The affidavit is usually submitted with a request form and replacement fee.

Corporate and Employment Documents

Employers and companies may require an Affidavit of Loss for lost company IDs, access cards, accountable forms, receipts, equipment records, authority documents, stock certificates, or official company documents.

Where the lost item belongs to a corporation or involves corporate property, the company may also require an incident report, clearance, undertaking, or disciplinary review.

Insurance Policies and Contracts

Insurance companies, lenders, lessors, and other contracting parties may require an Affidavit of Loss before issuing a duplicate policy, copy of contract, certificate, or other replacement document.


Essential Contents of an Affidavit of Loss

Although the exact wording may vary depending on the lost item and the requesting institution, a proper Affidavit of Loss should contain the following essential parts.

Title

The document should be clearly titled:

Affidavit of Loss

If the lost item is specific, the title may be more descriptive, such as:

Affidavit of Loss of Driver’s License Affidavit of Loss of Owner’s Duplicate Certificate of Title Affidavit of Loss of Company ID Affidavit of Loss of Checkbook

Identity of the Affiant

The affidavit should state the full name, age, civil status, nationality, residence address, and sometimes occupation of the affiant.

Example:

I, Juan Dela Cruz, of legal age, Filipino, single, and residing at Quezon City, Philippines, after having been duly sworn in accordance with law, hereby depose and state that:

The affiant is the person making the sworn statement. The affiant must personally appear before the notary public.

Description of the Lost Item

The lost item must be described clearly and specifically. The more important or sensitive the document, the more detailed the description should be.

For an ID, the affidavit may state the type of ID, issuing agency, ID number, date of issue, or expiration date.

For a land title, it may state the title number, registered owner, property location, and registry of deeds.

For a check, it may state the bank, branch, account name, check number, amount if already issued, payee, and date.

For a certificate, it may state the certificate number, issuing office, date of issuance, and purpose.

Vague descriptions can cause delays or rejection by the receiving office.

Circumstances of Loss

The affidavit should narrate when, where, and how the item was lost, to the best of the affiant’s knowledge.

It does not need to be dramatic or overly detailed. It should be truthful, clear, and specific enough to show that the loss was accidental or unintended.

Examples:

Sometime on or about 10 January 2026, while I was commuting from Makati City to Quezon City, I discovered that my wallet containing my company ID was missing.

Or:

I kept the original document in my personal file folder at my residence. Upon checking my files on 5 February 2026, I discovered that the document was no longer there despite diligent search.

If the exact date or place is unknown, the affidavit may state that the affiant cannot recall the exact details but discovered the loss on a particular date.

Diligent Search

Many affidavits include a statement that the affiant exerted efforts to locate the lost item but failed to find it.

Example:

Despite diligent search and efforts to locate the said document, the same could no longer be found and is now considered lost beyond recovery.

This helps show that the affidavit is being executed only after reasonable efforts were made.

Declaration of Non-Transfer or Non-Use

For important documents, especially IDs, titles, checks, certificates, or negotiable instruments, the affidavit should include a statement that the lost item was not sold, transferred, assigned, pledged, surrendered, or used unlawfully.

Example:

I have not sold, assigned, transferred, pledged, encumbered, or delivered the said document to any person or entity.

This is especially important where the document may represent rights, ownership, identity, financial value, or authority.

Purpose of the Affidavit

The affidavit should state why it is being executed.

Example:

I am executing this Affidavit of Loss to attest to the truth of the foregoing facts and to support my request for the issuance of a replacement ID.

Or:

I am executing this affidavit for whatever legal purpose it may serve, particularly in connection with my request for cancellation and replacement of the lost document.

Some agencies prefer the purpose to be specific. A generic purpose clause may be accepted in ordinary cases, but a specific purpose clause is safer.

Signature of the Affiant

The affiant must sign the affidavit. The signature should match the valid ID presented to the notary public.

The affiant should not sign the affidavit outside the presence of the notary if the notary requires personal signing. Under proper notarial practice, the notary must verify the identity and voluntary execution of the document.

Jurat

An Affidavit of Loss usually uses a jurat, not a mere acknowledgment.

A jurat is the notarial portion stating that the affiant personally appeared before the notary, was identified through competent evidence of identity, and swore to the truth of the contents of the affidavit.

A typical jurat states:

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ in __________, Philippines, affiant exhibiting to me his/her competent evidence of identity as indicated below.

The jurat is important because an affidavit is a sworn statement. Without a proper jurat or oath, the document may not be treated as a proper affidavit.


Notarization Requirements

Notarization is what gives an Affidavit of Loss its formal legal character. In the Philippines, notarial practice is governed by rules requiring personal appearance, identity verification, completeness of the document, and proper recording in the notarial register.

Personal Appearance

The affiant must personally appear before the notary public.

This is one of the most important requirements. A notary public should not notarize an Affidavit of Loss if the affiant is not physically present or otherwise appearing through a legally recognized notarial process.

The purpose of personal appearance is to allow the notary to verify that the person signing the affidavit is the same person named in the document and that the person is executing the affidavit voluntarily.

A notarized affidavit where the affiant did not personally appear may be questioned and may expose the notary and the parties to legal consequences.

Competent Evidence of Identity

The affiant must present valid identification to the notary public.

Competent evidence of identity generally refers to identification documents issued by an official agency bearing the photograph and signature of the individual, or other evidence allowed under notarial rules.

Commonly accepted IDs include:

  • Passport
  • Driver’s license
  • UMID
  • SSS ID
  • GSIS ID
  • PRC ID
  • Voter’s ID or voter certification, where accepted
  • PhilHealth ID, where accepted
  • Postal ID
  • National ID or related official identity document, where accepted
  • Company ID, depending on notarial office policy
  • School ID, depending on context and policy

The notary may refuse an ID that is expired, unclear, damaged, inconsistent with the affiant’s name, or insufficient under the notarial rules.

The details of the ID are usually entered in the notarial certificate and the notarial register.

Voluntary Execution

The notary must be satisfied that the affiant voluntarily executed the affidavit.

If the affiant appears confused, coerced, intoxicated, mentally incapacitated, or unable to understand the contents of the document, the notary should not proceed.

The affiant should read and understand the affidavit before signing. If the affidavit is in English and the affiant is not comfortable in English, the contents should be explained in a language or dialect the affiant understands.

Oath or Affirmation

Because an affidavit is sworn, the affiant must swear or affirm that the contents are true and correct based on personal knowledge or authentic records.

The oath is not a mere formality. A false statement in a notarized affidavit may have serious legal consequences.

Complete Document

The affidavit should be complete before notarization. The notary should not notarize a document with blank material spaces, missing pages, incomplete names, absent descriptions, or unsigned portions.

Material blanks can create risk of fraud or unauthorized insertion.

Notarial Register

The notary public records the notarization in the notarial register. The entry normally includes details such as the document title, date of notarization, name of affiant, identification presented, and document number, page number, book number, and series.

These notarial details appear at the end of the affidavit.

Notarial Fee

A notarial fee is usually charged. Fees vary depending on location, document type, complexity, and the notarial office. For a simple Affidavit of Loss, fees are often modest, but fees may be higher for documents involving land titles, corporate matters, financial instruments, or documents prepared by a lawyer.


Legal Effect of Notarization

Once notarized, an Affidavit of Loss becomes a public document. This means it is entitled to greater evidentiary weight than a private unsigned or unnotarized statement.

However, notarization does not automatically make every statement in the affidavit true. It primarily proves that the affiant appeared before the notary, was identified, and swore to the document. The truth of the factual statements may still be challenged.

A notarized Affidavit of Loss may be accepted by government agencies, private institutions, and courts as formal proof that the affiant made a sworn declaration of loss. But the receiving office may still require corroborating documents or additional procedures.


Difference Between an Affidavit of Loss and a Police Report

An Affidavit of Loss and a police report are different documents.

An Affidavit of Loss is a sworn statement made by the person who lost the item. It is executed before a notary public.

A police report is an official record prepared by law enforcement based on a report made to the police. It may be required when the lost item involves theft, robbery, crime, fraud, public safety, government property, motor vehicle plates, firearms, sensitive IDs, or valuable instruments.

Some institutions require only an affidavit. Others require both an affidavit and a police report. For example, if a wallet containing IDs was lost through theft or robbery, a police report may be advisable or required.

An affidavit says, “I declare under oath that I lost this item.” A police report says, “A report of this incident was made to law enforcement.”

They serve different purposes and are not always interchangeable.


Difference Between an Affidavit of Loss and an Affidavit of Destruction

An Affidavit of Loss is used when the item cannot be found and is considered lost.

An Affidavit of Destruction is more appropriate when the item was destroyed by fire, flood, accident, wear and tear, shredding, or other known cause.

For example, if a document was burned in a house fire, an affidavit should not simply say it was “lost” if the actual fact is destruction by fire. The affidavit should truthfully state the circumstances.


Difference Between an Affidavit of Loss and an Affidavit of Discrepancy

An Affidavit of Loss explains the loss of a document or item.

An Affidavit of Discrepancy explains differences in names, dates, spellings, or entries appearing in records.

For example, if a person’s birth certificate says “Maria Cristina” but an ID says “Ma. Cristina,” the proper document may be an Affidavit of Discrepancy or One and the Same Person, not an Affidavit of Loss.


Who May Execute an Affidavit of Loss

The person who lost the item should generally execute the affidavit.

However, depending on the situation, the proper affiant may vary.

Individual Owner

If a person lost his or her own ID, certificate, card, or document, that person should execute the affidavit.

Parent or Guardian

If the lost item belongs to a minor, a parent or legal guardian may execute the affidavit, especially if the minor cannot legally execute the document alone or if the institution requires the parent’s undertaking.

The affidavit should explain the relationship between the affiant and the minor.

Authorized Representative

If the owner is unable to personally execute the affidavit, an authorized representative may sometimes execute it, but this depends on the receiving institution.

The representative must have personal knowledge of the loss or must clearly state the basis of the declaration. Some offices may still require the owner’s own affidavit, a special power of attorney, or personal appearance.

Corporate Officer

If the lost document belongs to a corporation, partnership, association, or organization, the affidavit should be executed by an authorized officer or representative.

A board resolution, secretary’s certificate, authorization letter, or internal approval may be required to prove authority.

Estate Representative

If the lost document belongs to a deceased person’s estate, the affidavit may need to be executed by an heir, executor, administrator, or authorized representative, depending on the transaction.

Additional documents such as death certificate, proof of heirship, special power of attorney, or court appointment may be required.


Requirements Commonly Asked by Notaries

For a simple Affidavit of Loss, a notarial office commonly asks for:

  1. Draft Affidavit of Loss or details needed to prepare it.
  2. Personal appearance of the affiant.
  3. Valid government-issued ID.
  4. Signature of the affiant.
  5. Payment of notarial fee.

For more sensitive documents, the notary may ask for supporting records, such as:

  • Photocopy or photo of the lost ID or document, if available
  • Reference number, account number, certificate number, title number, or check number
  • Police report
  • Authorization letter
  • Corporate secretary’s certificate
  • Proof of ownership
  • Proof of relationship
  • Application form from the receiving agency

The notary may refuse notarization if the affidavit appears false, incomplete, suspicious, or outside the notary’s authority.


Requirements Commonly Asked by Receiving Institutions

The institution receiving the Affidavit of Loss may require more than notarization. Common requirements include:

  • Valid ID of the applicant
  • Photocopy of the lost item, if available
  • Replacement application form
  • Police report
  • Payment of replacement fee
  • Authorization letter or special power of attorney
  • Proof of ownership
  • Proof of account
  • Publication, in certain cases
  • Court order, in cases involving lost land titles
  • Indemnity agreement
  • Stop-payment order
  • Clearance or certification

The affidavit is often only one part of the replacement process.


Special Considerations for Specific Lost Documents

Lost Passport

A lost Philippine passport generally requires prompt reporting and compliance with Department of Foreign Affairs requirements. An Affidavit of Loss may be required, and additional requirements may apply depending on whether the passport is valid, expired, mutilated, or lost abroad.

For lost passports abroad, the Philippine embassy or consulate may require a police report, proof of identity, travel documents, and supporting records.

A lost valid passport is treated seriously because of identity and security concerns.

Lost Driver’s License

For a lost driver’s license, the Land Transportation Office may require an Affidavit of Loss, valid ID, application for duplicate license, and payment of fees. Depending on the circumstances, additional requirements may be imposed.

The affidavit should identify the license, including license number if known.

Lost National ID or Transaction Slip

For lost Philippine Identification System documents, the relevant authority may require proof of identity, replacement request, and other verification steps. An Affidavit of Loss may be requested depending on the item and process.

Because rules on national ID replacement may change, the applicant should follow the current instructions of the issuing authority.

Lost PRC ID

A professional who loses a PRC ID may be required to submit an Affidavit of Loss, valid ID, application documents, and payment of duplicate or replacement fees.

The affidavit should state the profession, registration number, and other identifying details if available.

Lost School Diploma or Transcript

Schools may have their own policies. Some issue certified true copies rather than duplicate originals. An Affidavit of Loss may be required to explain why a replacement or certification is requested.

For diplomas, some schools do not issue another original diploma but may issue a certification or duplicate marked as such.

Lost Company ID or Access Card

The employer may require an Affidavit of Loss, incident report, replacement fee, clearance, or security deactivation. If the ID or access card could be used to enter restricted premises, the loss should be reported immediately.

Lost ATM Card or Credit Card

For lost ATM or credit cards, immediate notice to the bank is more urgent than notarization. The account holder should block or report the card as lost as soon as possible.

A bank may later require an Affidavit of Loss or internal declaration, but delay in reporting the lost card may increase the risk of unauthorized transactions.

Lost Passbook

Banks often require an Affidavit of Loss before replacing a passbook. They may also require account verification, indemnity documents, and internal bank forms.

The affidavit should include the bank name, branch, account name, and account number if appropriate.

Lost Checkbook or Check

Lost checks require immediate action because they may be negotiated or misused. The account holder should notify the bank and request stop payment if necessary.

The affidavit should identify the check numbers, bank, branch, account name, and other details. If a signed check was lost, the affidavit should state that fact clearly.

Lost Stock Certificate

A lost stock certificate may require an Affidavit of Loss, corporate verification, cancellation process, bond or indemnity, publication, board approval, and issuance of a replacement certificate, depending on the corporation’s by-laws and applicable corporate rules.

The affidavit should identify the corporation, certificate number, number of shares, registered shareholder, and circumstances of loss.

Lost Land Title

A lost owner’s duplicate certificate of title requires special care. The affidavit is not enough by itself to obtain a new owner’s duplicate title.

The registered owner or proper party may need to file a court petition for issuance of a new owner’s duplicate certificate of title. The process may involve notice, publication, hearing, and proof of loss. The court may require safeguards because land titles affect ownership and third-party rights.

False claims of lost titles can be connected to land fraud, so government offices and courts treat these cases seriously.

Lost Deed of Sale or Contract

If a deed of sale or contract is lost, the remedy depends on whether copies exist and whether the document was notarized, registered, or submitted to an agency.

A notarized deed may have notarial records, but obtaining certified copies depends on availability of records and the relevant office. If the document was registered, the registry or agency may have a copy.

An Affidavit of Loss may support a request for a certified copy or replacement, but it does not recreate the lost document by itself.

Lost Official Receipt or Certificate of Registration

For motor vehicle documents, the LTO may require an Affidavit of Loss and other forms. If the lost document concerns ownership, registration, or transfer, additional verification may be required.

Lost Receipts

For ordinary receipts, an Affidavit of Loss may be required by businesses, schools, landlords, or agencies before issuing a duplicate receipt or certification of payment.

The affidavit should state the transaction, date, amount, payee, and receipt number if known.


Valid ID Requirement for Notarization

A notary public must verify the identity of the affiant. The safest ID to present is a current government-issued ID bearing the affiant’s photograph and signature.

The name in the ID should match the name in the affidavit. If there is a discrepancy, the notary may require additional IDs or an explanation.

Examples of issues that may delay notarization include:

  • The ID is expired.
  • The ID has no signature.
  • The ID has no photo.
  • The name does not match the affidavit.
  • The ID is damaged or unreadable.
  • The affiant is using a nickname.
  • The affiant’s marital name differs from the ID.
  • The address in the affidavit differs from the ID, and the notary requires explanation.
  • The affiant cannot produce any competent evidence of identity.

A notary may also rely on credible witnesses in certain cases allowed by the rules, but this is less common and more strictly handled.


Can an Affidavit of Loss Be Notarized Without an ID?

Generally, the affiant must present competent evidence of identity. Without valid identification, notarization may be refused.

In limited situations, credible witnesses may be used if allowed by the notarial rules and accepted by the notary. These witnesses must personally know the affiant and satisfy the legal requirements. The notary will record the witnesses’ details.

In practice, many notaries prefer valid government-issued ID and may decline to notarize without it.


Can Someone Else Sign the Affidavit for the Affiant?

As a general rule, the affiant personally signs the affidavit.

If the affiant cannot sign due to disability, illness, illiteracy, or other reason, special procedures may be required. The person may affix a thumbmark or mark, and witnesses may be needed. The notary must be satisfied that the affiant understands and voluntarily executes the affidavit.

Another person should not simply sign the affiant’s name unless there is a legally valid basis and proper notarial handling. Improper signing can make the affidavit defective and potentially fraudulent.


Can an Affidavit of Loss Be Executed Abroad?

Yes, a Filipino or any person abroad may execute a sworn statement concerning loss, but the form and authentication may depend on where it will be used.

If executed abroad before a Philippine embassy or consulate, the document may be notarized or acknowledged according to consular procedures.

If executed before a foreign notary, the receiving Philippine office may require apostille or authentication, depending on the country and the document’s intended use.

For Philippine transactions, institutions may have specific requirements for foreign-executed affidavits.


Can an Affidavit of Loss Be Used More Than Once?

It depends on the receiving institution and the purpose.

For simple replacement of an ID or school document, one original notarized affidavit may be submitted and retained by the agency. If multiple offices need it, several original notarized copies may be prepared.

Photocopies may not always be accepted. Some institutions require an original notarized affidavit.

If the affidavit is old, the receiving office may require a newly executed affidavit, especially if the loss is recent or the document is sensitive.


Does an Affidavit of Loss Expire?

An Affidavit of Loss does not usually have an “expiration date” in the same way an ID does. However, receiving offices may require a recent affidavit, commonly one executed within a certain period, depending on their internal policy.

For example, an agency or bank may not accept an affidavit executed years earlier if the transaction is being processed only now. They may require a new affidavit to ensure the declaration is current.


Is an Affidavit of Loss Enough to Replace a Lost Document?

Not always.

For ordinary IDs, school cards, company IDs, and some certificates, it may be enough together with application forms and fees.

For sensitive documents, it is only one requirement. Land titles, bank instruments, checks, stock certificates, corporate documents, passports, and other high-value or identity-related documents may require additional steps.

The more valuable or legally significant the lost item, the less likely it is that a simple affidavit alone will be sufficient.


Legal Consequences of False Statements

A person who lies in an Affidavit of Loss may face serious consequences.

Possible consequences include:

  • Denial of the replacement request
  • Cancellation of replacement document
  • Administrative liability
  • Civil liability for damages
  • Criminal liability for false statements, perjury, falsification, fraud, or related offenses, depending on the facts
  • Liability to the institution that relied on the affidavit
  • Loss of employment or disciplinary action, if company property is involved

Because the affidavit is sworn, the affiant should never claim that an item was lost if it was actually sold, surrendered, confiscated, pledged, transferred, hidden, or used in another transaction.


Common Mistakes in Affidavits of Loss

Using a Generic Template Without Details

A generic affidavit that merely says “I lost my document” may be rejected. The lost item should be described with enough detail.

Stating Facts the Affiant Does Not Know

The affiant should avoid making statements beyond personal knowledge. If the exact date or place is unknown, the affidavit should say so honestly.

Failing to Mention Important Identifiers

For IDs, account documents, checks, titles, certificates, and official records, reference numbers are important. Failure to include them may delay processing.

Using the Wrong Affiant

The affidavit should be executed by the person who lost the item or the person legally authorized to make the declaration.

Not Appearing Before the Notary

Notarization without personal appearance is improper and may make the document vulnerable to challenge.

Leaving Blanks

Blank spaces in the affidavit are risky. They may cause rejection or create suspicion of tampering.

Using an Expired or Invalid ID

The notary may refuse notarization if the affiant cannot present acceptable identification.

Misstating the Purpose

The purpose clause should match the transaction. For example, if the affidavit is for LTO replacement, it should say so. If it is for bank cancellation of checks, it should say so.

Failing to Report Urgent Losses Immediately

For lost cards, checks, access passes, or sensitive documents, the person should report the loss immediately to the relevant institution. An affidavit prepared days later does not prevent misuse during the delay.


Form and Language

An Affidavit of Loss in the Philippines is commonly written in English, but it may also be written in Filipino or another language understood by the affiant and acceptable to the notary and receiving institution.

The affidavit should be simple, factual, and direct. Legalistic wording is not necessary if the facts are clearly stated.

For formal transactions, especially those involving land, banks, courts, corporations, or government agencies, legal assistance may be advisable.


Sample Basic Affidavit of Loss

Below is a general sample for ordinary use. It should be modified depending on the lost item and the requirements of the receiving institution.

AFFIDAVIT OF LOSS

I, [Name of Affiant], of legal age, [civil status], Filipino, and residing at [address], after having been duly sworn in accordance with law, hereby depose and state that:

  1. I am the lawful holder/owner of [describe lost item/document] issued by [issuing office/institution], with the following details: [ID number, certificate number, account number, serial number, or other details, if any];

  2. Sometime on or about [date], at or near [place], I discovered that the said [item/document] was missing/lost;

  3. Despite diligent search and efforts to locate the said [item/document], the same could no longer be found and is now considered lost beyond recovery;

  4. The said [item/document] has not been sold, transferred, assigned, pledged, surrendered, or delivered to any person or entity;

  5. I am executing this Affidavit of Loss to attest to the truth of the foregoing facts and to support my request for [replacement/reissuance/cancellation/other purpose] of the said [item/document].

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__ at __________, Philippines.


[Name of Affiant] Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__ at __________, Philippines, affiant personally appeared and exhibited to me competent evidence of identity, as follows:

ID Presented: __________________ ID Number: _____________________ Date/Place Issued: ______________

Doc. No. ___; Page No. ___; Book No. _; Series of 20.


Additional Clauses for Specific Situations

For Lost ID

A useful clause may state:

I undertake to return or surrender the lost ID to the issuing office if it is later found or recovered.

For Lost Check

A useful clause may state:

I immediately reported the loss to the bank and requested appropriate action to prevent unauthorized negotiation, encashment, or use of the said check.

For Lost Company Property

A useful clause may state:

I understand that the lost item remains company property and that I may be subject to company policies regarding replacement, accountability, and security.

For Lost Passbook

A useful clause may state:

I request the bank to cancel the lost passbook and issue a replacement, subject to its verification procedures and requirements.

For Lost Title

A useful clause may state:

I understand that this affidavit is being executed as part of the requirements for the appropriate legal proceedings or administrative steps relating to the lost owner’s duplicate certificate of title.


Practical Steps in Preparing and Notarizing an Affidavit of Loss

Step 1: Gather Details

Before going to the notary, collect all available information about the lost item, including numbers, dates, issuing office, account details, and copies or photos.

Step 2: Prepare the Affidavit

Prepare a clear written affidavit containing the required facts. Some notarial offices can draft it, but the affiant must ensure that all statements are true.

Step 3: Bring Valid ID

Bring at least one valid government-issued ID. Bringing two IDs is safer, especially if the first ID lacks a signature or has inconsistent information.

Step 4: Personally Appear Before the Notary

The affiant must personally appear, sign if required, and swear to the document.

Step 5: Review the Notarized Copy

Check that the notarized affidavit contains the notarial seal, signature, notarial details, date, venue, and ID information.

Step 6: Submit to the Receiving Institution

Submit the original notarized affidavit together with the other requirements of the agency, bank, school, employer, or office.


When a Lawyer Should Be Consulted

For simple lost IDs or ordinary documents, a standard Affidavit of Loss is usually sufficient. However, legal advice is prudent when the lost item involves:

  • Land titles
  • Checks or negotiable instruments
  • Large sums of money
  • Corporate shares
  • Bank instruments
  • Litigation documents
  • Estate documents
  • Government permits or licenses
  • Documents used in pending transactions
  • Possible theft, fraud, or identity misuse
  • Conflicting claims of ownership
  • Documents signed by a deceased person
  • Documents involving minors or incapacitated persons
  • Any document whose loss may affect property rights or legal obligations

In these cases, the affidavit should be carefully drafted to avoid admissions, inconsistencies, or unintended legal consequences.


Evidentiary Value in Court and Administrative Proceedings

A notarized Affidavit of Loss may be submitted in court or administrative proceedings, but its value depends on the purpose for which it is offered.

It may prove that the affiant made a sworn declaration. It may support a claim of loss. However, courts and agencies may still require testimony, documentary proof, publication, corroboration, or compliance with special procedures.

In contested matters, the opposing party may challenge the affidavit, cross-examine the affiant, or present contrary evidence.


Relationship to Replacement, Cancellation, and Reissuance

An Affidavit of Loss is often tied to one of three actions:

Replacement

The lost document is replaced with a new one, such as a new ID, passbook, card, certificate, or permit.

Cancellation

The lost document is cancelled to prevent misuse, such as lost checks, IDs, cards, access passes, or certificates.

Reissuance

A new document is issued in place of the lost one, often with a notation that it is a duplicate or replacement.

The affidavit should match the requested action. For sensitive records, the institution may require both cancellation of the old document and issuance of a replacement.


Online, Remote, and Electronic Considerations

Traditional notarization in the Philippines requires personal appearance before the notary public. Electronic documents and remote notarization raise separate legal and procedural issues and may not be accepted for ordinary notarized affidavits unless specifically allowed by applicable rules and the receiving institution.

Many agencies still require a printed, signed, and notarized original. Scanned copies may be accepted for preliminary processing, but the original may later be required.

The safest practice is to confirm whether the receiving office requires the original notarized affidavit or accepts a digital copy.


Cost and Availability

Affidavits of Loss are commonly prepared and notarized by law offices and notarial offices. Some notaries draft the affidavit as part of the service; others require the affiant to bring a prepared document.

The cost may depend on:

  • Location
  • Complexity
  • Number of copies
  • Whether the notary drafts the affidavit
  • Type of lost document
  • Supporting review needed
  • Urgency
  • Institutional requirements

Simple affidavits are generally inexpensive compared to more complex documents involving land, corporate, banking, or court-related matters.


Best Practices

A person executing an Affidavit of Loss should observe the following:

  1. Be truthful and precise.
  2. Include identifying details of the lost item.
  3. State the date, place, and circumstances of loss as accurately as possible.
  4. Mention diligent search.
  5. State that the item was not transferred, sold, pledged, or surrendered.
  6. Use the correct purpose clause.
  7. Bring valid ID for notarization.
  8. Personally appear before the notary.
  9. Report urgent losses immediately to the relevant institution.
  10. Keep a copy of the notarized affidavit.
  11. Ask the receiving institution about additional requirements.
  12. Consult a lawyer for high-value or legally sensitive documents.

Key Takeaways

An Affidavit of Loss is a sworn and notarized declaration used in the Philippines to formally report the loss of a document or item. Its notarization requires personal appearance, competent proof of identity, voluntary execution, and administration of an oath by a notary public.

The affidavit should clearly identify the lost item, explain the circumstances of loss, state that diligent search was made, declare that the item was not transferred or misused, and specify the purpose of execution.

Although widely used, an Affidavit of Loss is not always sufficient by itself. The requirements depend on the lost item and the institution involved. Simple lost IDs may require only the affidavit and a replacement fee, while lost land titles, checks, stock certificates, banking instruments, passports, and corporate documents may require additional procedures.

A false Affidavit of Loss can lead to serious liability. For this reason, it should be prepared carefully, notarized properly, and used only for truthful and legitimate purposes.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.