AFFIDAVIT OF LOSS IN THE PHILIPPINES
A Complete Guide to the Legal Requirements, Procedure, and Practical Tips
(Updated as of 18 May 2025. This article is for general information only and does not constitute legal advice. Where the value of the lost item is substantial or strict regulatory timelines apply, consult a Philippine lawyer or the concerned agency before acting.)
1. What Is an Affidavit of Loss?
An Affidavit of Loss is a sworn written declaration made under oath before a commissioned notary public in which the affiant (the person executing it) states that a specific document, card, certificate, device, or other personal property has been irretrievably lost, destroyed, or stolen. It serves two principal purposes:
- Evidentiary: It supplies a formal statement of fact that can be presented to banks, government agencies, insurance companies, courts, or private entities in lieu of the original item.
- Protective/Preventive: It shifts potential liability away from the affiant by recording the circumstances of the loss, deterring fraudulent use of the missing item, and paving the way for replacement or reissuance.
2. Legal Bases
| Legal Source | Key Provisions Relevant to an Affidavit of Loss |
|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended) | Sets the formalities for notarization: personal appearance, competent evidence of identity, complete jurat, sequential entry in the notarial register, and retention of a full-size copy. |
| Civil Code of the Philippines | Art. 1318 (contracts), Art. 1356 et seq. (form of contracts) – Although an affidavit is not a contract, the same principles on validity of written instruments apply. |
| Revised Penal Code | Art. 171–172 – Affidavits fall under “public documents”; falsification is a criminal offense. |
| Special laws & agency rules | – BSP, LTO, NTC, LRA, DFA, SEC, SSS, GSIS, and individual banks each issue their own circulars that list an Affidavit of Loss as a prerequisite for replacing a lost passbook, driver’s license, SIM, land title, stock certificate, passport, etc. |
3. Core Content Requirements
Every affidavit must contain substantive statements and formalities:
Affiant’s Personal Details
- Full legal name, citizenship, civil status, age, and residence.
Description of the Lost Item
- Exact title (e.g., “BPI ATM Card ending in 1234”, “Original Owner’s Duplicate Certificate of Title No. 456”), including serial, account, or control numbers.
Circumstances of Loss
- When: Exact or approximate date and time.
- Where: Specific location (city/barangay, establishment, vehicle, etc.).
- How: Brief narrative (pick-pocketed, left in a taxi, destroyed in a flood, etc.).
Diligent Search & Retrieval Efforts
- Statement that despite diligent efforts, the item could not be found or recovered.
Assurance of No Transfer or Encumbrance
- Affirmation that the item has not been sold, assigned, or pledged to any third party.
Undertaking
- Commitment to surrender the original to the issuer if found and to hold the issuer free from liability for any future misuse.
Request
- Express request that a replacement, reissuance, or relevant relief be granted.
Jurat and Notarial Details
- Signature of affiant; jurat (“SUBSCRIBED AND SWORN…”); name and signature of the notary; notarial seal; date/place of notarization; notarial commission details and roll number.
4. Formal Attachments & Supporting Papers
| Attachment | Typical Purpose | Who Usually Requires It |
|---|---|---|
| Clear photocopy of at least one valid government ID | Proof of identity and signature specimen | All notaries |
| Police Blotter or Barangay Certification | Independent corroboration of theft or loss in public places | Banks, insurers, vehicle registries |
| Letter-request form (agency-specific) | Internal control | DFA, SSS, LTO, NTC |
| Declaration of No Encumbrance / Undertaking | Assurance against fraud | Land Registration Authority (lost title) |
| Affidavit of Publication & newspaper clipping | To notify potential claimants | Insurance claims, lost stock certificates |
| Proof of ownership (old photocopy, OR/CR, policy) | Establish right to replacement | Almost all agencies when value is high |
5. Step-by-Step Procedure
Draft the Affidavit
- Use the agency’s template if provided; otherwise prepare your own based on Section 3 above.
Prepare IDs & Supporting Evidence
- Gather minimum of one primary or two secondary IDs bearing photo & signature.
- Obtain police report or barangay certificate within 24 hours of discovery if a crime is involved.
Appear Before a Notary Public
- Personal appearance is mandatory (no “acknowledge” via messenger).
- Sign in the notary’s presence; the notary will record the entry and affix seal.
Pay Notarial Fees
- Regulated nationwide maximum for a simple one-page affidavit is ₱100 to ₱150 (local conventions may lower or raise slightly).
Secure Certified Copies
- Request at least two original notarized sets; most agencies keep one.
Submit to the Requiring Entity
- Attach the affidavit to the official request for replacement (e.g., “Application for Duplicate License” or “Passbook Replacement Form”).
Follow Up Within the Prescribed Period
- Agencies typically release replacements within 3–30 working days; land title reconstitution or SEC certificate replacement can take 3–6 months.
6. Replacement Time-Lines and Special Notes (Common Items)
| Lost Item | Governing Agency / Rule | Affidavit Validity Window | Other Key Requirements |
|---|---|---|---|
| Driver’s License | Land Transportation Office (LTO Memo 2023-176) | Must be executed within 30 days of loss | Police report (if theft), payment of ₱472 fee |
| Land Title (OCT/TCT/CCT) | Land Registration Authority, Sec. 109 P.D. 1529 | No explicit expiry, but petition for reissuance must be filed “without unreasonable delay” | Publication for 3 consecutive weeks, surety bond |
| Passport | Department of Foreign Affairs (DFA Passport Policy 2022-01) | Must be dated ≤ 6 months prior to application | PSA-issued birth certificate, online appointment, penalty fee ₱350 |
| ATM Card / Passbook | BSP Circular 1044 / bank policy | Bank may require affidavit to be ≤ 90 days old | Police blotter optional; replacement fee varies |
| SIM Card | NTC Memorandum Circular No. 01-03-2018 | Immediately after loss to avoid liability | Hold-deactivation request to telco within 24 hours |
7. Frequently Asked Questions
Is an Affidavit of Loss permanent? – It remains valid unless expressly limited by the recipient agency. Banks may impose a 30- to 90-day filing window to reduce fraud risk.
Can I have someone else sign for me? – No. An affidavit is personal testimony; only the affiant who has first-hand knowledge can swear to the facts. A Special Power of Attorney authorizing another to file documents may accompany—but not replace—the sworn statement.
Do I need a lawyer? – Not to draft the affidavit per se. However, for high-value items like land titles, stock certificates, or insurance policies, professional legal help is strongly advised.
What if I later find the original? – You are obliged to surrender it to the issuing entity; failure may expose you to civil or even criminal liability for misrepresentation.
Is electronic or remote notarization accepted? – Under the 2020 Interim Rules on Remote Notarization (Administrative Matter 20-07-04-SC, still in pilot rollout), affidavits can be notarized via videoconference if the notary’s jurisdiction and agency rules allow. Confirm acceptance before resorting to remote options.
8. Practical Drafting Tips
- Keep it concise (one to two pages). Overly long narratives may raise red flags.
- Avoid equivocal language (“I think”, “maybe”); use specific dates and facts.
- Use block capital letters for numbers prone to misreading (₱50,000 vs ₱500,000).
- Insert the full property description (e.g., “Toyota Vios, Plate No. ABC-1234, Chassis No. XYZ-5678”) when dealing with vehicles or titles.
- Have it printed on good bond paper; some agencies reject thermal-printed receipts or low-grade paper for long-term file storage.
9. Sample Short-Form Template
REPUBLIC OF THE PHILIPPINES )
CITY OF _________ ) S.S.
AFFIDAVIT OF LOSS
I, JUAN DELA CRUZ, Filipino, of legal age, single, and a resident of
123 Mabini Street, Barangay 456, Quezon City, Philippines, after having
been duly sworn, depose and state:
1. That I was the lawful holder of BPI ATM Card No. 1234-5678-9012-3456
issued by the Bank of the Philippine Islands, Trinoma Branch.
2. That on 14 May 2025, while commuting via jeepney along EDSA
Quezon Avenue, Quezon City, said ATM card was stolen from my bag
together with my wallet, as reflected in Police Blotter Entry No.
2025-05-14-12345, QCPD Station 10.
3. That despite diligent search and efforts to recover the above-
described ATM card, the same could not be found and is now beyond
recovery.
4. That the said card has never been used by any person with my
permission nor pledged, sold, or otherwise encumbered.
5. That I am executing this Affidavit to attest to the foregoing
facts, to request the issuance of a replacement ATM card, and for
whatever legal purposes it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 18 May 2025 at
Quezon City, Philippines.
(sgd.) JUAN DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 18 May 2025 at Quezon City,
affiant exhibiting to me his PhilSys ID No. P1234567890 valid until
31 Dec 2032. Doc. No. ___; Page No. ___; Book No. ___; Series of 2025.10. Key Takeaways
- Accuracy and Truthfulness are paramount—misstatements expose you to criminal penalties.
- Personal Appearance before the notary cannot be skipped except under narrow remote-notarization rules.
- Agency-Specific Rules override general practice; always check the latest circular.
- Keep Certified Copies; you may need another one years later if a latent dispute arises.
- Act Promptly—some agencies impose short deadlines that, if missed, may require a lengthier petition instead of a simple affidavit.
Prepared by ChatGPT—OpenAI o3, Philippine legal information summary, May 2025.