(Philippine legal and practical guide)

1) What an Affidavit of Loss is (and why notarization matters)

An Affidavit of Loss is a sworn statement declaring that a particular item or document has been lost (or, in some cases, destroyed), describing how, when, and where it was last seen, and stating that you have not sold, pledged, transferred, or otherwise disposed of it. It is commonly required to request a replacement, reissuance, cancellation, or update of records.

In Philippine practice, many offices require it to be notarized because notarization:

makes the affidavit a public document (generally admissible without needing the affiant to prove its authenticity in the same way as private documents), and
confirms the affidavit was executed with proper identity checks and under oath.

Important: An affidavit is a statement made under oath. Deliberate falsehoods can expose the affiant to perjury and other liabilities.

2) The governing rules for notarization (Philippine context)

Notarization of affidavits in the Philippines is governed primarily by the 2004 Rules on Notarial Practice (as amended and implemented by Supreme Court issuances and local court supervision). The key principles that affect Affidavits of Loss are consistent across the country:

A. Personal appearance is mandatory

The affiant must personally appear before the notary public. A notary should refuse if:

you are not physically present,
the document is merely sent through someone else,
the notary is asked to “notarize later,” or
the notary is asked to notarize based only on a photocopy of your ID without appearance.

B. The notary must verify your identity using “competent evidence”

A notary must establish identity through competent evidence, typically:

At least one current government-issued ID bearing photo and signature, and issued by an official agency, or
Two credible witnesses who personally know you (used only when you truly cannot present the required ID, and subject to strict conditions).

Commonly accepted IDs (practical list): passport, driver’s license, UMID (where still in circulation), PRC ID, postal ID (if current and accepted by the notary), national ID (PhilSys), SSS/GSIS IDs (depending on issuance format), OWWA ID, etc. In practice, many notaries and receiving agencies require two valid IDs even if one might be sufficient under the rules—because the receiving office sets its own compliance checklist.

C. You must sign (or affirm your signature) in the notary’s presence

For affidavits, you will usually:

sign the affidavit in front of the notary, and
take an oath/affirmation that the contents are true.

If you already signed it, the notary may require you to re-sign in their presence to avoid doubts.

D. The affidavit is typically notarized as a Jurat

An Affidavit of Loss is generally notarized through a jurat (sworn statement), not merely an acknowledgment. A jurat means:

you swear/affirm that the contents are true, and
the notary certifies that you personally appeared and swore/affirmed.

(Some offices accept an acknowledgment format, but for affidavits the jurat is the usual and safer practice.)

E. Notarial register entry and notarial seal

Proper notarization includes:

entry in the notarial register (date, type of document, name, ID presented, etc.),
the notary’s signature, seal, and commission details, and
complete notarial wording (venue, date, page references, etc.).

A missing seal/commission info, incomplete jurat, or suspicious notarization can lead to rejection by agencies.

F. Territorial jurisdiction: where the notary can notarize

A notary public may notarize only within the territorial jurisdiction stated in the notary’s commission. Notarization done outside that area can be questioned and may be rejected by receiving offices.

G. When the notary must refuse

A notary should refuse when:

the affiant does not personally appear,
identity is not satisfactorily established,
the document is incomplete (blank spaces that can later be filled in),
the notary is a party to the document or has disqualifying interest,
the affiant appears coerced or not acting voluntarily,
the affiant does not appear to understand the document.

3) What receiving agencies usually require (beyond notarization)

Even if an affidavit is properly notarized, the receiving office (bank, LTO-related vendor, school, PSA-related processes, telecom, employer, etc.) may impose additional documentary requirements. Common add-ons include:

Photocopies of IDs (often two), sometimes with signatures
Proof of loss circumstances, if applicable (e.g., incident report, barangay certification, or police report for theft/robbery cases)
Request forms for replacement/cancellation
Specimen signatures or signature cards (especially banks)
Authorization letter + ID if someone else files on your behalf (but the affidavit itself must still be executed by the affiant)
Publication requirements in rare cases (more typical for lost negotiable instruments or certain titles/documents, depending on the governing law/policy)
Waiting periods (e.g., check reissuance policies vary)

Practical tip: Always check the checklist of the particular office you’re dealing with. Many rejections happen not because the affidavit is invalid, but because it lacks a specific statement or attachment the agency requires.

4) What an Affidavit of Loss should contain (to avoid rejection)

While formats vary, a “complete” Philippine-style Affidavit of Loss commonly includes:

Title: “AFFIDAVIT OF LOSS”
Affiant details: full name, citizenship, legal age, civil status (optional), address, and sometimes occupation
Description of the lost item/document:
- exact name of document/item (e.g., “Original Certificate of Registration,” “ATM card,” “Company ID,” “Diploma”)
- identifiers: number, series, plate number, account number (mask if required), issuance date, issuing office
Circumstances of loss:
- where and when last seen
- how it was lost (misplaced, dropped, stolen, destroyed by fire/flood, etc.)
- steps taken to locate it (search, inquiries)
Statement of non-transfer:
- that it has not been sold, pledged, lent, assigned, or otherwise disposed of
Purpose clause:
- e.g., “executed to support my request for issuance of a replacement…”
Oath and signature:
- affiant’s signature over printed name
Jurat block (notary portion):
- personal appearance
- ID details
- date and place of notarization
Attachments (if required):
- photocopy of IDs
- supporting incident/police report (if applicable)

Avoid common pitfalls:

leaving blank spaces
inconsistent dates/places
missing document identifiers (if known)
vague “I lost it” statements with no circumstances
incorrect names (must match IDs/records)
notarization without ID details when the receiving office expects them stated

5) ID and witness rules in practice

A. “Two valid IDs” reality

Although notarial rules often allow identity to be established with a single acceptable ID, many notaries—and many receiving offices—insist on two. This is a practical compliance issue: the notary wants to avoid administrative complaints; the receiving office wants to reduce fraud.

B. Credible witnesses

If you have no acceptable ID, a notary may rely on credible witnesses who personally know you. In real-world settings, this is less common and more strictly scrutinized. Expect the notary to require witnesses’ valid IDs and to record their details.

6) Costs, stamps, and formatting expectations

Notarial fees

Notarial fees vary by locality and complexity. Some areas have customary ranges; others follow local bar/notarial schedules where implemented. Receipts may or may not be issued depending on the notary’s practice structure (law office vs. notarial outlet).

Documentary stamp tax (DST)?

Most ordinary affidavits are not treated like taxable instruments requiring DST in everyday transactions, but specific transactions (especially those tied to certain filings or instruments) may involve stamping requirements imposed by the receiving agency. If an office specifically asks for “documentary stamp,” comply with that office’s instruction.

Formatting

Many agencies prefer:

clean print, no erasures,
consistent margins,
complete jurat details,
attachment of ID copies on the back or as annexes, sometimes initialed.

7) Special situations

A. If the loss happened due to theft/robbery

Many offices require a police report in addition to the affidavit. Some accept a barangay certification, but theft-related losses often trigger stricter requirements.

B. If the affidavit is executed abroad

If you are outside the Philippines and need an Affidavit of Loss for use in the Philippines, common routes include:

execution before a Philippine Embassy/Consulate (consular notarization), or
execution before a foreign notary, then apostille (since the Philippines is part of the Apostille Convention), depending on the destination office’s preference.

Receiving offices vary: some insist on consular notarization for convenience and certainty; others accept apostilled documents.

C. If the “lost document” is a negotiable instrument (e.g., checks) or high-value document

Banks and issuers often have their own internal rules, such as:

stop-payment procedures,
indemnity undertakings,
waiting periods,
additional affidavits (loss + undertaking),
signature verification.

D. If you need a representative to transact

A representative can file paperwork, but the Affidavit of Loss is normally executed by the person who lost the item. If someone else must act, you may need:

a Special Power of Attorney (SPA) (notarized), and
the affidavit executed by the proper affiant, unless the receiving office has a specific alternate process.

8) How to get your Affidavit of Loss notarized (step-by-step)

Prepare the draft (or request a draft from a notarial office/law office).
Bring valid IDs (ideally two) and photocopies.
Appear personally before the notary.
Review the affidavit carefully before signing.
Sign in front of the notary and take the oath/affirmation.
Ensure the notarization includes a complete jurat, seal, commission details, and that the entry is made in the notarial register.
Make copies and keep a scanned copy for your records.

9) Legal risk reminder: accuracy and perjury exposure

An Affidavit of Loss is not a mere formality. Because it is sworn under oath, inaccurate statements—especially those intended to mislead—can create criminal, civil, and administrative consequences. Keep it factual, specific, and consistent with any supporting reports.

10) Practical “acceptance checklist” (quick self-audit)

Before submitting, confirm:

Names and details match your IDs and the agency’s records
Lost document/item is described with identifying numbers (if known)
Circumstances (when/where/how) are stated clearly
Non-transfer statement is included
Purpose clause is included
Proper jurat notarization (not just a signature stamp)
ID copies and any required reports are attached
No blanks, no erasures, no inconsistent dates/places

If you want, paste the details of what you lost (type of document/item, any numbers you remember, when/where it was last seen, and which office you’ll submit to), and I can draft a Philippines-style Affidavit of Loss text that’s structured to avoid common rejection points.