1) What an Affidavit of Loss is (and what it is not)

An Affidavit of Loss is a sworn statement—made under oath—declaring that a specific item or document has been lost, describing the circumstances of the loss, and often requesting replacement or reissuance by the relevant office or institution.

It is not the same as:

a police report (which is an incident record by law enforcement),
a court pleading (which initiates or participates in litigation), or
a guarantee that a replacement will be issued (issuance depends on the requesting agency’s rules).

In Philippine practice, an affidavit of loss is usually required as a risk-control document: the issuing office wants a sworn, legally accountable narrative before it replaces something that could be used for fraud.

2) Why agencies ask for it

Common reasons include:

to create a document trail for replacement,
to deter false claims by attaching criminal liability to false statements,
to support internal controls (banking, government registries, school records),
to justify cancellation of a lost instrument (e.g., ID card, passbook, stub) before replacement.

3) The legal effect of notarization

3.1 Affidavit as a sworn statement

An affidavit is sworn before an authorized officer (typically a notary public). The notary administers an oath or affirmation and certifies that the affiant personally appeared and swore to the truth of the contents.

3.2 Notarized affidavit as a public document

Under Philippine evidence rules, a notarized document generally becomes a public document. Public documents are commonly admissible to prove their due execution and authenticity without needing the same level of foundational proof required for private writings. (This does not automatically prove the truth of every factual statement inside; it primarily strengthens the document’s authenticity and formal validity.)

3.3 Affidavit is not always “proof” by itself

Even notarized, an affidavit can still be treated as self-serving in contested settings unless the affiant testifies and is cross-examined. In many administrative and transactional contexts, however, agencies accept affidavits as sufficient for their internal purposes.

4) Substantive content: what a Philippine Affidavit of Loss normally contains

There is no single universal form mandated for all affidavits of loss. Content is driven by the requesting institution’s risk concerns. Still, a well-prepared affidavit of loss usually includes:

4.1 Identity and capacity of the affiant

Full name, citizenship, age, civil status
Complete residential address
Government ID details (type, number, issuance validity) often placed in the notarial/competent evidence portion rather than the body, but commonly included

4.2 Clear identification of the lost item/document

Exact document name (e.g., “Driver’s License,” “ATM card,” “Official Receipt No. ___,” “Company ID,” “Certificate of Employment,” “PRC ID,” “TCT/OCT No. ___”)
Serial number, control number, plate number, reference number, account number (as appropriate—sometimes partially masked for privacy)
Date issued (if known)
Issuing office/institution

4.3 Circumstances of loss (specific, credible, consistent)

When and where it was last seen
How it was lost (misplaced, stolen, left in a vehicle, lost in transit, fire/flood, etc.)
Steps taken to recover it (checked bags, asked establishments, retraced steps)

Tip: If the loss may be interpreted as theft or involves potential criminal use (IDs, checks, passports, plates), many institutions prefer (or require) that the narrative state whether theft is suspected and whether a police report was made.

4.4 Declaration of non-transfer and non-encumbrance (when relevant)

Institutions frequently require a statement that the lost item:

has not been sold, transferred, or pledged,
has not been used as collateral,
and is not in the possession of another person by agreement.

This is especially common for items like passbooks, certificates, receipts, or documents that could be used to claim property or money.

4.5 Purpose/request

A direct statement of what the affiant needs:

replacement/reissuance of the ID/document,
cancellation of the lost instrument and issuance of a new one,
permission to transact despite the loss (e.g., to claim benefits, process records, secure duplicates).

4.6 Undertaking / indemnity clause (common)

Many affidavits include an undertaking such as:

assuming responsibility if the lost item is later found and misused,
committing to surrender the original if recovered,
holding the office/institution free from liability arising from issuance of a replacement.

Some institutions require a separate indemnity agreement or even a surety bond (common in banking or high-value instruments).

5) Special situations where an affidavit of loss may be insufficient by itself

An affidavit of loss is widely used, but certain documents require additional legal steps:

5.1 Lost land title (TCT/OCT)

For a lost owner’s duplicate certificate of title, replacement typically involves a judicial process under property registration rules. Courts may require a verified petition, notice, and publication. An affidavit of loss may be required as supporting evidence but is generally not the only requirement.

5.2 Negotiable instruments and certain financial instruments

Lost checks, manager’s checks, time deposits, passbooks, stock certificates, or similar instruments may require:

bank procedures,
stop-payment orders,
waiting periods,
indemnity bonds,
publication or other safeguards depending on the instrument and internal policy.

5.3 Travel and identity documents

For passports and other high-risk IDs, institutions may require:

affidavit of loss,
police report (especially if stolen),
additional identity verification,
waiting periods or additional fees (depending on current policies).

5.4 Fire, flood, calamity losses

When documents are destroyed, agencies sometimes request:

affidavit of loss/destruction,
barangay certification or incident certification,
fire report (BFP) or calamity certification where applicable.

6) Notarization in the Philippines: the controlling rules and practical requirements

Notarization is governed primarily by the 2004 Rules on Notarial Practice (Supreme Court). An affidavit of loss is ordinarily notarized through a JURAT (not an acknowledgment).

6.1 Jurat vs acknowledgment (why it matters)

Jurat: the affiant swears to the truth of the contents; the notary administers an oath/affirmation and certifies that the affiant personally appeared and signed in the notary’s presence.
Acknowledgment: the signer acknowledges executing the document as their free act and deed; no oath is taken.

Because an affidavit is, by definition, a sworn statement, the correct notarial act is usually JURAT.

6.2 Core notarization requirements (practical checklist)

For a valid notarization of an affidavit of loss, the affiant must generally:

Personally appear before the notary public Notarization without personal appearance is a major red flag and can invalidate the notarization and expose the notary to administrative sanctions.
Present competent evidence of identity Typically, this means at least one current government-issued ID bearing:
- photograph, and
- signature. If acceptable ID is unavailable, rules allow identity to be established by credible witness(es) under specified conditions.
Sign the affidavit in the notary’s presence (or affirm an existing signature, depending on the act) In jurats, best practice is signing in front of the notary.
Take an oath or affirmation administered by the notary The notary must administer the oath; it is not merely a signature exercise.
The notary completes the notarial certificate (jurat) and entries in the notarial register Notarial practice generally requires the notary to:
- record details in the notarial register (date/time, type of document, parties, IDs, fees),
- require signatures and sometimes thumbmarks in the register,
- affix the notarial seal and indicate commission details.

6.3 Acceptable IDs (general practice)

Most notaries require at least one government ID such as:

Philippine passport
Driver’s license
UMID / SSS ID (depending on issuance type and current formats)
PRC ID
Postal ID (where accepted)
PhilSys National ID
Voter’s ID/Certification (varies)
Senior citizen ID (sometimes accepted as supplementary)

What matters is whether the ID is current/valid and contains photo and signature, consistent with the rules and the notary’s risk controls. Some institutions are stricter than notaries and may require specific IDs.

6.4 Credible witnesses (when the affiant lacks acceptable ID)

The rules allow establishing identity through credible witness(es), generally in either form:

One credible witness personally known to the notary and who personally knows the affiant; or
Two credible witnesses not personally known to the notary but who each present valid IDs and swear to the affiant’s identity.

Notaries often avoid this route unless necessary, because it increases liability.

6.5 Disqualifications: when a notary should refuse

A notary should refuse notarization when:

the affiant is not present,
the affiant cannot be identified through competent evidence,
the document is blank/incomplete in material portions,
the notary is a party to the document or is disqualified by relationship (e.g., spouse or close relative within the degree prohibited by the rules),
the notary believes the transaction is illegal or the affidavit is being used for fraud.

6.6 Language and comprehension

If the affiant does not understand the language used, the notary should ensure the affiant understands the document’s contents. In high-risk cases, translation or an explained version may be required to avoid claims of invalid consent.

6.7 Signing for persons who cannot sign

For affiants who cannot sign due to disability or illiteracy, Philippine notarial practice typically requires:

thumbmark in lieu of signature, and
witnesses who sign attesting to the act, with proper register entries. Exact handling depends on the rules and local notarial practice.

6.8 Where notarization can be done (territorial jurisdiction)

A notary public is commissioned for a specific territorial jurisdiction (commonly tied to the place of commissioning, such as a city/province or court jurisdiction). Notarizing outside that authorized area can lead to invalidity and sanctions.

7) Remote/online notarization: what exists and what to watch

During and after the pandemic period, the Supreme Court issued interim frameworks for remote notarization under strict conditions (often limited in scope, technology requirements, and jurisdictional controls). Even where remote notarization is permitted by court rules, many government agencies and private institutions still require traditional personal appearance or will only accept remote-notarized documents if they match their internal policies.

Because acceptance is ultimately determined by the receiving institution, remote notarization—when available—should be evaluated against the intended use.

8) Common reasons affidavits of loss get rejected

Institutions often reject affidavits for:

missing key identifiers (serial numbers, document numbers),
vague circumstances (“I lost it somewhere”) without dates/places,
inconsistencies (different dates stated across documents),
wrong notarial act (acknowledgment used when a jurat is expected),
incomplete notarial certificate (no commission details, no seal, missing place/date),
missing ID details or failure to meet identity requirements,
erasures/alterations not properly initialed or explained.

9) Criminal and administrative liabilities

9.1 Liability of the affiant

False statements in an affidavit can expose the affiant to perjury (Revised Penal Code, commonly cited under Article 183) and potentially other offenses depending on the context (fraud, estafa, falsification if documents are forged).

9.2 Liability of the notary

Improper notarization (no personal appearance, inadequate identity verification, notarizing incomplete documents, falsified register entries) can lead to:

revocation of notarial commission,
suspension/disbarment (if the notary is a lawyer),
criminal liability in extreme cases.

Philippine jurisprudence treats notarization as a public function; notarial misconduct is taken seriously.

10) Use abroad: authenticationdFA Apostille / consular authentication

If a notarized affidavit of loss is intended for use outside the Philippines, it often needs:

Apostille from the Department of Foreign Affairs (for countries covered by the Apostille Convention), or
consular authentication for countries requiring embassy/consulate legalization (depending on the destination country’s rules).

Notarization alone may not be sufficient for foreign acceptance.

11) A practical, Philippine-style template (illustrative)

Republic of the Philippines [Province/City/Municipality] S.S.

AFFIDAVIT OF LOSS

I, [Full Name], of legal age, [civil status], Filipino, and residing at [complete address], after having been duly sworn in accordance with law, hereby depose and state that:

I am the lawful owner/holder of [describe lost item/document precisely, including numbers/identifiers] issued by [issuing office/institution] on [date, if known].
On or about [date], at approximately [time, if known], I discovered that the said [item/document] was missing after [describe circumstances: commute, visit to location, travel, etc.].
I exerted diligent efforts to locate the same by [steps taken: retracing route, contacting establishments, checking belongings], but despite such efforts, I have been unable to find it.
The said [item/document] has not been sold, pledged, transferred, or otherwise voluntarily delivered to any person, and to the best of my knowledge, it is not in the possession of another person by agreement.
I am executing this affidavit to attest to the truth of the foregoing and for the purpose of [request: securing a replacement/reissuance/cancellation and issuance of a new one], and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month] [year] at [City/Municipality], Philippines.

[Affiant’s Name] Affiant

JURAT SUBSCRIBED AND SWORN to before me this [day] of [month] [year] at [City/Municipality], Philippines, affiant exhibiting to me competent evidence of identity, [ID type] No. [number] issued on [date] at [place/issuer].

Notary Public [Seal and commission details]

(Institutions may require additional clauses—undertakings, indemnity, account details, reference numbers—depending on the nature of the lost item.)

12) Key takeaways

An affidavit of loss in the Philippines is a sworn, notarized narrative used to support replacement or reissuance of a lost item/document. Its usefulness depends on: (1) complete, specific factual content, (2) proper jurat notarization under the Rules on Notarial Practice (especially personal appearance and competent ID), and (3) compliance with the requesting institution’s additional requirements (police report, indemnity bond, court petition, apostille, and similar safeguards).