Affidavit of Loss Requirements in the Philippines
A 2025 comprehensive legal guide
1. What is an Affidavit of Loss?
An Affidavit of Loss is a sworn written statement in which the affiant narrates the circumstances surrounding the disappearance, destruction, or theft of a document, item, or property, and asks the proper authority or institution to accept the statement and issue a replacement. Because it is executed under oath, it becomes a public document once notarized and is admissible in court without further proof of authenticity. (Respicio & Co., FCB Law Office)
2. Legal & Regulatory Framework
| Source of authority | Key points |
|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) | Only commissioned lawyers may act as notaries; personal appearance and competent evidence of identity (CEI) are mandatory; maximum basic notarial fee is generally ₱100 per instrument. (Respicio & Co., Supra Source) |
| Tax Code, § 188 (Documentary Stamp Tax) | Almost all affidavits require a ₱30 DST; the stamp must be physically affixed and cancelled. (Respicio & Co., Padin & Partners Law Offices) |
| Republic Act 11594 (2021 amendment to RPC Art. 183) | False material statements in a notarized affidavit constitute perjury, now punishable by prisión mayor (6 y 1 d – 10 y). (DivinaLaw, eLibrary) |
| Revised Penal Code Arts. 171-172 | Falsification of documents carries separate criminal liability (in addition to perjury). |
3. Common Situations Requiring an Affidavit of Loss
- Lost government-issued IDs (driver’s licence, UMID, passport, PRC ID, etc.) (Respicio & Co.)
- Lost motor-vehicle documents (OR/CR, plate, driver’s licence). (Carmudi Philippines, Respicio & Co.)
- Lost land titles or other property certificates. (FCB Law Office, RESPICIO & CO.)
- Lost bank passbooks, checkbooks, ATM cards, stock certificates, insurance policies. (Respicio & Co., BDO Philippines)
4. Core Documentary & Substantive Requirements
| Requirement | Details & legal basis |
|---|---|
| Affiant’s personal details | Full name, citizenship, civil status, residence; must match CEI. (RESPICIO & CO.) |
| Description of the lost item | Include serial/plate/title numbers, issuing agency, date issued. (RESPICIO & CO., LTO Portal) |
| Circumstances of loss | When, where, how, and efforts made to locate it. (RESPICIO & CO.) |
| Purpose clause | Why the affidavit is executed (e.g., to obtain replacement). (Legal Tree) |
| Statement of good faith & non-fraud | Declare the item has not been used to defraud and no claims are pending. Best practice. |
| Attachments | - 1 valid CEI (passport, DL, UMID, SSS, PRC). |
- Photocopy of the lost item (if available).
- Police blotter for theft/burglary cases (required by many agencies). (RESPICIO & CO., RESPICIO & CO.) | | Signatures | Affiant must sign before the notary; thumb-mark if unable to write, plus two witnesses. | | Documentary Stamp | ₱30 DST affixed and cancelled. (Respicio & Co.) |
5. Step-by-Step Guide to Drafting & Notarizing
- Draft the affidavit using the elements above (many notaries provide templates).
- Print on legal-size paper (most agencies still require long bond).
- Buy a ₱30 DST from the BIR or authorized stamp vendor; affix to the document. (RESPICIO & CO.)
- Appear before a commissioned notary public with the original IDs and any attachments.
- Sign and take the oath; the notary signs, stamps, and records the instrument.
- Obtain photocopies; most agencies require 1-3 certified photocopies.
- Pay the notary fee (typical range ₱150 – ₱300 in Metro Manila; Supreme Court ceiling for the basic act is ₱100, but offices often add incidental costs). (RESPICIO & CO.)
6. Agency-Specific Add-Ons & Procedures
| Scenario | Extra requirements | Replacing authority |
|---|---|---|
| Driver’s Licence / LTO OR-CR | 1) Affidavit of Loss; 2) 2 valid IDs; 3) MVIR (vehicle inspection) for OR-CR; 4) Police report if stolen; 5) LTO fee (≈ ₱300). (Respicio & Co., Carmudi Philippines) | Land Transportation Office |
| Lost Passport | Affidavit of Loss, Police report (if lost abroad/blotter), DFA Passport Application Form, PSA Birth Certificate, appointment. (Philippine Embassy) | Department of Foreign Affairs |
| Lost Land Title | Affidavit of Loss filed & annotated with the Registry of Deeds; secure certified true copy; file petition for re-issuance. (FCB Law Office, AJA Law) | Registry of Deeds / RTC |
| Bank passbook / checks | Affidavit of Loss (notarized), bank’s indemnity form, police blotter (some banks), replacement fee (varies). (Respicio & Co., BDO Philippines) |
Tip: Always confirm the latest checklist on the agency’s website—requirements change without notice.
7. Fees & Processing Times
| Item | Typical cost | Notes |
|---|---|---|
| Notary fee | ₱100 – ₱300 | Must be posted in the notary’s office; overcharging is sanctionable. (RESPICIO & CO.) |
| Documentary Stamp Tax | ₱30 | Sec. 188, Tax Code. (Respicio & Co.) |
| Replacement fees | Depends on agency (e.g., LTO OR-CR ₱300; passport ₱950-₱1 200; land title petition costs > ₱10 000). | |
| Processing time | Notarization: 10-15 min; agency replacement: from same-day (IDs) to several months (land titles). |
8. Criminal Liability for False Statements
Executing an affidavit with willfully false material facts is perjury under Art. 183 RPC as amended by RA 11594, punishable by 6–10 years imprisonment (longer for public officials). It may also constitute falsification of documents under Arts. 171-172. (DivinaLaw)
9. Frequently Asked Questions
| Question | Short answer |
|---|---|
| Does an Affidavit of Loss expire? | The affidavit itself does not prescribe, but agencies may impose a filing window (e.g., DFA: file within 1 year of loss). |
| Can I use the same affidavit for multiple lost items? | Best practice: one affidavit per item; some agencies reject composite affidavits. |
| Is a police report always required? | Only when the loss involves theft, robbery, fire, or is a high-value document (e.g., land title, vehicle OR-CR). |
| Can I notarize online? | Remote notarization is allowed only under specific Supreme Court circulars (e.g., during public health emergencies) and must meet stringent video-conference rules. Always ask the notary first. (Respicio & Co.) |
10. Sample Basic Template (one-page)
REPUBLIC OF THE PHILIPPINES )
_____________________________ ) S.S.
AFFIDAVIT OF LOSS
I, ________________________, Filipino, of legal age, (single/married), and
residing at ____________________________________, after having been duly
sworn to in accordance with law, depose and state:
1. That I was the holder/owner of ______________________________
issued by ________________________ on _____________ with
Serial/ID/Plate/Title No. __________________________;
2. That on or about ________________ at ____________, the said document
was lost when _______________________________________________;
3. That despite diligent search and efforts, the same could not be found
and is now beyond recovery;
4. That the said document has not been pledged, assigned, or used for any
unlawful purpose;
5. That I am executing this Affidavit to attest to the truth of the foregoing
facts and to request the issuance of a replacement.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
________ 20__, at _____________________, Philippines.
______________________
Affiant
Competent Evidence of Identity: _______________________
SUBSCRIBED AND SWORN to before me this ___ day of _______ 20__ ...(Attach photocopy of ID and DST before notarization.)
11. Practical Tips & Best Practices
- Prepare extra copies before you go to the notary; notarized photocopies cost extra.
- Use precise identifiers (engine #, title #, account #) to prevent rejection.
- File immediately—delays raise red flags for fraud investigators.
- Keep a digital scan of your notarized affidavit; many agencies now accept emailed copies for pre-evaluation. (Respicio & Co.)
- Check notary’s commission; verify the lawyer’s seal number and expiry date.
12. Conclusion
An Affidavit of Loss is a straightforward—but legally serious—instrument. Draft it carefully, tell the complete truth, attach the right documents, pay the required DST, and ensure proper notarization. Doing so not only speeds up the replacement of your lost document or property but also protects you from the stiff penalties now imposed for perjury and falsification. Always consult the latest agency circulars or a Philippine lawyer for complex or high-value losses.
(This guide is for general information only and is not a substitute for independent legal advice.)