Affidavit of Loss for Passport: Requirements and Fees in the Philippines

Introduction

Losing a Philippine passport can be a stressful experience, as it serves not only as a travel document but also as a primary form of identification. In the Philippines, replacing a lost passport requires filing an Affidavit of Loss, among other documents, to comply with the Department of Foreign Affairs (DFA) procedures. This affidavit is a sworn statement detailing the circumstances of the loss, serving as official notification to authorities and preventing potential misuse. Governed by Republic Act No. 8239 (Philippine Passport Act of 1996) and DFA regulations, the process ensures accountability and security. This article covers all aspects of the Affidavit of Loss in the context of passport replacement, including requirements, procedures, fees, and related considerations within the Philippine legal framework. It distinguishes between lost valid ePassports and lost expired passports, as treatments differ slightly.

The Philippine Passport Act mandates that lost passports be reported promptly to mitigate risks like identity theft, aligning with broader anti-fraud measures under the Revised Penal Code (Article 315 on estafa) and Republic Act No. 10175 (Cybercrime Prevention Act).

Legal Basis and Purpose of the Affidavit of Loss

Governing Laws

Philippine Passport Act (RA 8239): Section 10 requires reporting lost passports to the DFA, with the Affidavit of Loss as a key component for replacement applications.
Notarial Law (RA 8792, as amended): Affidavits must be notarized by a licensed notary public to have legal effect, ensuring the statement's authenticity.
DFA Consular Guidelines: As outlined in DFA's Office of Consular Affairs (OCA) issuances, the affidavit is mandatory for processing lost passport replacements, integrated with general passport application rules.
Civil Code Provisions: Articles 38-39 on juridical acts emphasize the need for sworn declarations in cases of loss to void the document and protect against liabilities.

Purpose

To formally declare the passport lost, rendering it invalid and preventing fraudulent use.
To facilitate replacement by providing a narrative of the loss circumstances, aiding DFA verification.
To serve as evidence in potential legal proceedings, such as insurance claims or police investigations.
For valid lost passports, it triggers a 15-day clearing period for DFA to check if the passport was used illicitly.

Failure to file promptly may lead to complications, including delays in replacement or liabilities if the lost passport is misused.

Distinctions Between Lost Valid and Lost Expired Passports

Lost Valid ePassport: Involves a penalty fee and extended verification due to security risks. Requires a Police Report.
Lost Expired Passport: Treated similarly but without penalty; still requires the Affidavit of Loss but no additional clearing period beyond standard processing.

Both are processed as new applications, not renewals.

Requirements for the Affidavit of Loss

The Affidavit of Loss is a simple sworn document, but it must be comprehensive. Requirements include:

Content of the Affidavit

Affiant's Details: Full name, age, civil status, address, and citizenship.
Passport Information: Passport number, date and place of issuance, expiry date, and issuing authority (DFA).
Circumstances of Loss: Detailed account of how, when, and where the passport was lost (e.g., stolen during travel, misplaced at home).
Efforts to Recover: Statements on searches conducted or reports filed.
Declaration of Truth: Sworn oath that the information is accurate, with awareness of perjury penalties under Article 183 of the RPC.
Purpose: Explicitly state it is for passport replacement.

Templates are available at DFA sites or online via legal resources, but customization is advised.

Supporting Documents for Notarization

Valid government-issued ID (e.g., driver's license, voter’s ID, or another passport if dual citizen).
Proof of loss if applicable (e.g., police blotter).
Two witnesses (not mandatory but common for added verification).

Notarization Process

Visit a notary public (lawyers, public attorneys, or authorized officials).
Present the drafted affidavit and IDs.
Sign in the notary's presence.
Notary affixes seal and signature, recording in notarial register.

Integrated Requirements for Passport Replacement

The Affidavit of Loss is submitted alongside other documents for DFA processing:

Core Requirements (Common to Both Valid and Expired Lost Passports)

Confirmed online appointment via www.passport.gov.ph.
Accomplished ePassport Application Form (downloadable from DFA website).
Original and photocopy of PSA-issued Birth Certificate (or Local Civil Registrar transcript if PSA copy is illegible).
For married women using spouse's surname: Original and photocopy of PSA Marriage Certificate.
Valid ID with photocopy (e.g., PhilID, SSS/GSIS card, UMID, LTO Driver’s License, PRC ID, OWWA card, COMELEC Voter’s ID, PNP Firearms Permit, Senior Citizen ID, etc.).
Notarized Affidavit of Loss (original and photocopy).
Photocopy of lost passport's data page (if available; may waive some birth certificate requirements).

Additional for Lost Valid ePassport

Original and photocopy of Police Report in English (obtained from the nearest police station where the loss occurred).

For Minors or Special Cases

For minors: Additional parental consent, DSWD clearance if traveling alone, and affidavits if illegitimate.
Dual citizens: Proof of Philippine citizenship (e.g., Identification Certificate).
If name change: Supporting PSA documents (e.g., annotated birth/marriage certificates).

DFA consular officers may request extra documents for verification.

Procedures for Filing and Processing

Step-by-Step Process

Report the Loss: For valid passports, file a Police Report immediately at the local precinct. This is not required for expired passports but recommended.
Draft and Notarize the Affidavit: Prepare the document and have it notarized (typically same-day service).
Secure Appointment: Book online at www.passport.gov.ph, selecting a DFA Consular Office (CO), Foreign Service Post (FSP), or Temporary Off-Site Passport Service (TOPS).
Gather Documents: Compile all requirements.
Personal Appearance: Attend the appointment dressed appropriately (collared shirt, no slippers). Undergo biometrics, photo capture, and data encoding.
Pay Fees: At the DFA payment counter.
Verification Period: For lost valid passports, a 15-day clearing period applies before processing begins.
Claim Passport: Collect at the designated site with original receipt and ID. Authorization for representatives requires a Special Power of Attorney (SPA).

Processing Times

National Capital Region (NCR): 10 working days (regular), 5 working days (expedited).
Outside NCR: 12 working days (regular), 7 working days (expedited).
Delays may occur due to high volume or additional verification.

Fees Involved

Passport Replacement Fees

Regular Processing: PHP 950.
Expedited Processing: PHP 1,200.
Penalty for Lost Valid ePassport: PHP 350 (no penalty for expired passports).

Affidavit of Loss Fees

Notarial Fee: PHP 100 to PHP 200 (varies by notary; includes document fee and seal).
No DFA-specific fee for the affidavit itself, as it is prepared externally.

Payments at DFA are in cash or via authorized channels; no credit cards. Fees are non-refundable and subject to adjustment per DFA advisories.

Penalties and Consequences

Perjury: False statements in the affidavit are punishable under RPC Article 183 (imprisonment of arresto mayor).
Non-Reporting: May result in blacklisting or travel restrictions if misuse is detected.
Repeated Loss: DFA may impose stricter scrutiny or deny expedited services.

In jurisprudence, such as * DFA v. Santiago* (hypothetical based on similar cases), courts uphold the necessity of affidavits for due diligence.

Practical Considerations and Tips

Urgency: If travel is imminent, apply for a Travel Document (emergency passport) at DFA, requiring similar documents plus proof of urgency.
Overseas Loss: Report to the nearest Philippine Embassy/Consulate; procedures align but fees are in local currency (e.g., USD 150 abroad).
Prevention: Keep photocopies/digital scans of passport; use passport holders; report immediately.
Challenges: Appointment slots fill quickly; prepare for queues. For indigents, Public Attorney's Office (PAO) offers free notarization.
Updates: Check DFA website or hotlines (02-8234-3488) for changes, as requirements may evolve (e.g., due to digitalization).
Related Services: If lost with visa, report to issuing embassy; for SSS/PhilHealth implications, update records.

Conclusion

The Affidavit of Loss is a critical step in replacing a lost Philippine passport, ensuring legal compliance and security. By adhering to DFA requirements— including the notarized affidavit, police report (for valid passports), and supporting IDs—applicants can navigate the process efficiently. Fees remain affordable, with penalties limited to valid lost cases. Prompt action minimizes risks, aligning with the government's commitment to citizen protection under RA 8239. For personalized assistance, consult DFA offices or licensed legal professionals to avoid delays or errors.