Affidavit of Loss on Behalf of a Spouse in the Philippines (Comprehensive legal overview – updated to 2025)

1. What an “Affidavit of Loss” Is

An Affidavit of Loss is a sworn written statement attesting that a document, instrument, card, certificate, or object of value has been lost or destroyed and that diligent efforts have been made to locate it. The affidavit:

serves as prima facie evidence of loss whenever the original is required;
allows the issuing agency, bank, or private entity to cancel the old record and issue a replacement; and
imposes criminal liability (perjury and falsification) if the statements are untrue.

It is governed primarily by:

Rule 132, §34–39, Rules of Court (affidavits as evidence);
Articles 171–172, Revised Penal Code (falsification);
2020 Revised Rules on Notarial Practice (form, jurat, ID presentation).

2. Executing on Behalf of a Spouse: When Is It Allowed?

Scenario	Is a separate authority needed?	Typical supporting document
Jointly-owned property or account (e.g., conjugal condominium title)	Usually yes. The spouse signing must show authority, because the act affects community property.	Special Power of Attorney (SPA) signed by the other spouse.
Exclusive property of the other spouse (e.g., ID card issued solely to the other spouse)	Always yes. Only the owner-spouse may validly swear to facts within his/her personal knowledge, so the signing spouse needs written authority.	SPA plus proof of ownership (e.g., marriage certificate + ID copy).
Common-life documents (e.g., marriage contract, children’s birth certificates)	Sometimes no. Both spouses have a direct legal interest, so either may usually execute—but agencies differ.	If required, a Joint Affidavit by both spouses, or an SPA.

Key rule: Under Articles 124 & 96 of the Family Code, transactions involving property administered by another spouse beyond ordinary household needs require written consent. Swearing to an affidavit that will result in re-issuance, cancellation, or potential liability is treated by most agencies as such a transaction.

3. Legal Basis for Agency or Representation

Civil Code Art. 1317 & 1868–1870 (Agency): One cannot bind another without authority.
Art. 124 (ACP) / Art. 96 (CPOC): Spouse’s acts affecting conjugal/community property require the other’s consent, or else are voidable.
Administrative Circulars: Many government offices (SSS, PSA, LTO, PRC) expressly require a notarized SPA when the owner of the lost item does not sign the affidavit.

4. Contents of an Affidavit of Loss Made for a Spouse

Heading & Title (e.g., AFFIDAVIT OF LOSS).
Jurisdictional Caption (Republic of the Philippines, City/Province).
Affiant’s Personal Details (name, age, nationality, civil status, residence).
Authority Paragraph Reference to SPA or the marital relationship and explicit consent.
Detailed Statement of Facts
- Description of the lost item (serial/ID number, issuing body, date issued).
- Date, time, and place when the loss was discovered.
- Efforts taken to search/recover.
- Statement that the loss was not due to transfer, sale, or pledge.
Undertaking / Indemnity Clause (committing to surrender the original if found and to hold the issuer free from liability).
Prayer for replacement (if relevant).
Signature Block (affiant-spouse) and, when required, Conforme signature of the owner-spouse.
Jurat by a notary public, with ID details of the affiant and presentation of the SPA.

5. Documentary Requirements Typically Attached

Attachment	Purpose
Special Power of Attorney (original & photocopy)	Shows authority. Must be notarized.
Marriage Certificate (PSA-issued)	Proves the marital relationship.
Copy of the Lost Document (if available, e.g., photocopy of ID)	Aids in re-issuance.
Government-issued IDs of both spouses	Notary’s ID check; agency verification.
Police blotter (sometimes required for high-value items)	Independent record of loss.

6. Notarial & Evidentiary Considerations

Personal Appearance – The acting spouse must appear in person before the notary (Rule II, Sec. 1). Remote online notarization remains suspended except in pilot areas as of 2025.
Competent Evidence of Identity – Two government IDs, or one ID + credible witness.
SPA Notarization and Registration – SPA must itself be notarized and, if it covers real property, entered in the notarial register and annotated at the Registry of Deeds.
One-Day Validity Misconception – An affidavit remains valid until its purpose is fulfilled or circumstances change; there is no “expiry” unless the receiving office imposes a freshness rule (commonly 30–90 days).

7. Agency-Specific Replacement Processes (high-level)

Item Lost	Replacement Authority	Special notes when filed by spouse
Land Title (TCT/CCT)	Registry of Deeds under Sec. 109, PD 1529	Requires petition for re-issuance; spouse must have SPA.
SSS/GSIS UMID Card	SSS/GSIS branch	SPA + photocopy of member’s ID; affidavit suffices for first replacement, police blotter thereafter.
LTO Driver’s License	LTO Licensing Center	Owner must appear for biometrics; spouse may only file loss affidavit and secure appointment slot.
Philippine Passport	DFA	No substitution; the passport holder must appear. Spouse’s affidavit is accepted only for reporting the loss.
Bank Checkbook / Passbook	Bank branch	Bank may require joint indemnity bond; SPA must include authority to sign indemnity.
Share Certificates	SEC-registered corporation’s transfer agent	Affidavit + SPA; surety bond often required.

8. Criminal & Civil Liability for False Affidavits

Perjury (Art. 183, RPC): Up to 6 months & 1 day to 2 years & 4 months, plus fine.
Falsification of Documents (Arts. 171–172, RPC): If the lost document is later used to defraud, penalty increases to prision mayor or reclusion temporal.
Civil Damages: The injured party (e.g., bank, co-shareholder) may sue the affiant-spouse personally; the innocent spouse’s share of conjugal assets is generally protected unless he/she ratified the act.

9. Practical Tips & Best Practices

Use a Very Specific SPA. Generic blanket clauses invite rejection; specify “to execute and sign an Affidavit of Loss covering my [ID/Certificate No. ___].”
Attach a Copy of the SPA to Each Affidavit. Some notaries refuse to notarize if they cannot view the underlying authority.
Notify Issuing Body Promptly. Many agencies (banking, corporate) measure liability from the date they were informed.
Secure a Police Blotter for High-Value or Negotiable Instruments. Though not universally required, it bolsters credibility and helps deter fraud.
Keep Digital Scans. Post-2023 amendments to Data Privacy issuances allow scanned IDs/certificates to facilitate faster validation.
Prepare for Indemnity Bonds. Particularly for certificates of stock and land titles, surety bonds are an almost universal requirement.
Mind the Property Regime. If under Separation of Property (by prenuptial agreement), the spouse generally cannot act for the other without explicit authority.

10. Sample Outline (Template)

AFFIDAVIT OF LOSS

I, (Name of Affiant-Spouse), Filipino, of legal age, married, and residing at __________, after having been duly sworn, depose and state THAT:

I am the lawful spouse of (Name of Owner-Spouse), as evidenced by the attached marriage certificate (Annex “A”).

By virtue of the attached Special Power of Attorney (Annex “B”), my spouse authorized me to execute this Affidavit on his/her behalf.

On [date] at [place], we discovered that [describe lost item: ID/Certificate No., date issued, issuing authority] was missing…

Despite diligent search…

The lost item has not been pledged, sold, or otherwise encumbered…

We undertake to return the original if found and to hold [Agency/Entity] free from any liability…

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

(Signature) Name of Affiant-Spouse Conforme: (Signature) Name of Owner-Spouse

SUBSCRIBED AND SWORN to before me…

(Always adapt to receiving agency’s format requirements.)

11. Frequently Asked Questions

Question	Short Answer
Can I sign without an SPA if under Absolute Community of Property?	Most agencies still insist on an SPA; they want clear written consent.
Does the affidavit need to be in duplicate?	Bring at least two originals—one for the notary’s protocol and one for the receiving office.
What if my spouse is abroad?	He/she must execute the SPA (and even the affidavit, if preferred) before a Philippine Consulate or via apostilled notarization abroad.
Is a joint affidavit by both spouses stronger?	Yes. It eliminates agency issues and may speed up processing.
Will the affidavit alone restore ownership?	No. It merely supports the administrative or judicial re-issuance process; follow each agency’s separate procedure.

12. Final Caveats

This material is for informational purposes and does not establish an attorney-client relationship. Laws and agency rules may change; when significant value or complex property rights are involved, consult a Philippine lawyer experienced in notarial practice, family property relations, and documentary replacement procedures.