Affidavit of Loss in the Philippines

Requirements, Procedure, Legal Basis, and Sample Template

Disclaimer: This material is for general information only and is not a substitute for personal legal advice. Laws and agency rules change; always confirm the latest filing requirements with the office that will receive your affidavit.

1. What is an Affidavit of Loss?

An Affidavit of Loss is a sworn written statement narrating the circumstances surrounding the loss, destruction, or theft of a document, card, passbook, license, plate, gadget, piece of jewelry, or any other personal or official property. It serves two main purposes:

Evidentiary – It memorializes the facts so the claimant can later point to a sworn record.
Administrative – Most government agencies, banks, insurers, and private institutions will not issue a replacement document or release a benefit until an Affidavit of Loss is submitted.

2. Legal Basis

Authority	Relevance
Rules on Notarial Practice (A.M. No. 02-8-13-SC, 2004; amendments 2019)	Prescribes the form, personal appearance, and “competent evidence of identity” requirements for all jurats/acknowledgments.
Civil Code of the Philippines (Art. 1315, 1318)	Affidavit is an “administrative contract”—consent must be personally given.
Revised Penal Code (Art. 183, Perjury)	Swearing to a false affidavit is a criminal offense, punishable by imprisonment or fine.
Rules of Court, Rule 132, §20	Sworn statements are admissible in evidence subject to cross-examination.
Agency-specific issuances (e.g., LTO Memorandum Circular on lost OR/CR, BSP Manual of Regulations on lost passbooks, SEC Notice on lost stock certificates)	Impose additional form and documentary requirements.

3. When is an Affidavit of Loss Required?

Typical Issuer	Lost Item Examples
Banks / E-wallets	Passbook, checkbook, ATM/credit/debit card, online banking token
Government agencies	Passport, driver’s license, Professional Regulation Commission (PRC) ID, Unified Multi-Purpose ID (UMID), Overseas Employment Certificate (OEC), National ID, OR/CR, motor-vehicle plates
Private institutions	Company ID, school ID or diploma, insurance policy, gift certificate
Registries	Condominium or subdivision title, stock certificate, surety bond, birth/marriage/death certificate security paper (when originally issued and then lost)

Some offices (e.g., DFA for passports, PSA for civil registry documents) may insist on a Police Report or a Bureau of Fire Protection (BFP) certification if loss was due to theft or fire.

4. Who May Execute It?

The owner of the lost item, if of legal age (18 +) and with full civil capacity.
A parent or legal guardian on behalf of a minor or incapacitated person (cite guardianship or birth certificate).
A duly authorized representative (attorney-in-fact) if the owner is abroad or unavailable; attach a Special Power of Attorney, itself notarized or consularized.

5. Essential Elements

Personal Details of the affiant (full legal name, citizenship, civil status, age, address).
Description of the Lost Item – serial/ID number, date/place of issuance, issuing authority, and unique features.
Circumstances of the Loss – date, time, place, and manner (e.g., misplaced in a taxi, pickpocketed in a mall, house fire).
Good Faith and Due Diligence Statement – affiant’s efforts to locate/trace the item (searched premises, inquired with police, etc.).
Undertaking – promise to surrender the original if later found, and indemnify the issuing authority against loss or misuse.
Prayer/Request – ask the relevant entity to accept the affidavit and issue a replacement.
Oath or Jurat – signed in the presence of the Notary Public.
Notarial Acknowledgment/Jurat – completed by the Notary, with the mandatory notarial serial number, roll of attorney number, commission expiry date, and type of ID presented.

6. Documentary Requirements (General)

Requirement	Notes
Draft Affidavit	Printed on long (8½ × 13 in) or A4 bond paper, single-sided.
Valid IDs (2)	Government-issued, bearing photo and signature; present originals, leave clear photocopies.
Supporting proof	Police blotter, BFP certificate, screenshots (for lost e-wallet access), photocopy/scanned copy of the lost document (if you have one).
Notarial fee	Ranges ₱150–₱500 for a simple affidavit; Metro Manila averages ₱200–₱300.

Special filing:

SEC replacement of stock certificate – publish notice for 3 consecutive weeks in a newspaper of general circulation, plus affidavit.
LTO lost OR/CR – attach Certification of No Pending Case from HPG and an LTO Alarm Clearance.

7. Step-by-Step Procedure

Draft the affidavit (or fill out the agency’s pre-formatted form).
Print at least three (3) originals—one each for you, the notary’s file, and the receiving agency (others may demand more).
Appear personally before a Notary Public; bring IDs and all pages unsigned.
Sign in the notary’s presence; pay the fee; receive the notarized copies (each must bear the notary’s dry seal).
Photocopy the notarized affidavit; some agencies keep the original, others accept a certified true copy.
Submit the affidavit together with any additional forms and pay replacement fees to the concerned office.
Track the release of your replacement document; processing times vary from same-day (bank passbook) to 30 − 60 days (passport, vehicle plate).

8. Validity and Expiry

An affidavit does not expire under Philippine law, but agencies sometimes impose an internal “freshness” rule (e.g., SSS and GSIS accept affidavits executed within the last six months; DFA within one year). If your affidavit is rejected for being “stale,” simply execute a new one.

9. Civil, Criminal, and Administrative Consequences

Perjury (Art. 183 RPC) – Imprisonment up to six years and/or fine if the statement is materially false and willful.
Falsification (Art. 172) – Affidavit is a “public document” once notarized; falsifying it is a separate felony.
Professional sanctions – A lawyer-notary who notarizes without personal appearance or proper IDs risks suspension or disbarment.

10. Consularization / Use Abroad

If the affidavit will be presented to a foreign embassy or company:

Authenticate under the Apostille Convention (since 14 May 2019, PH is a member).
For countries not apostille members, route through DFA-OCA legalization then the foreign embassy.
Translate into the target language if required; attach the certified translation to the apostilled copy.

11. Frequently Asked Questions

Question	Answer
Is a police report mandatory?	Only if the receiving office requires it (passport, driver’s license, firearm license, insurance claims, etc.).
How many copies should I make?	At least three notarized originals; plus photocopies equal to the number of offices you will deal with.
Can I use a scanned signature?	No. Personal appearance and wet signatures are compulsory under the Notarial Rules.
May I notarize my own affidavit if I am a lawyer-notary?	No. Notaries must be disinterested parties (Rule 3, §3[c]).
What if I later find the “lost” item?	Notify the issuing agency and surrender either the original item or the replacement to avoid double use.

12. Sample Affidavit of Loss (Template)

REPUBLIC OF THE PHILIPPINES )
CITY OF _____________      ) S.S.

                        AFFIDAVIT OF LOSS

     I, ______________________, Filipino, of legal age, (single/married),
with residence at __________________________________, after having been
duly sworn to in accordance with law, depose and state:

1.  That I am the lawful owner and holder of a ____________________
    (describe document/item) issued by ____________________________
    on _______________, bearing No. ___________________;

2.  That on or about ____________, while at ________________________,
    I discovered that the said document/item was missing and, despite
    diligent efforts to locate the same, it has remained lost and
    beyond recovery;

3.  That the loss was not due to any wrongful or felonious act on my
    part, and I have not pledged, sold, or in any manner transferred
    said document/item to any person;

4.  That should the original be found, I undertake to surrender it to
    the ____________________________ (issuing authority) immediately;

5.  That I execute this Affidavit to attest to the truth of the
    foregoing facts and to request the issuance of a replacement
    ____________________, and for whatever legal purpose it may serve.

     IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
_________________, 202__, in the City of ____________, Philippines.

        __________________________
        (Affiant’s printed name)
        Passport/Driver’s License No. ___________
        Issued on ___________ at ___________

SUBSCRIBED AND SWORN to before me this ___ day of ____________, 202__, at
____________ City, Philippines, affiant exhibiting to me his/her
competent evidence of identity above-described.  I further certify that
the affiant personally appeared before me, was identified through
competent evidence of identity, and that he/she voluntarily signed this
affidavit in my presence.

        Doc. No. _____;
        Page No. _____;
        Book No. _____;
        Series of 20___.

                             ___________________________
                             NOTARY PUBLIC
                             Until 31 December 20___
                             PTR No. _________ / __ __ 20___ / _________
                             IBP No. _________ / __ __ 20___ / _________
                             Roll No. ________
                             MCLE Compliance No. ________

Feel free to adjust spacing, margins, and specific undertakings or agency-required language.

13. Practical Tips

Use black ink and print legibly; smudged copies are often rejected.
Keep digital scans of the notarized affidavit in PDF format for email submissions.
Verify the notary’s commission (look for the blue “Notarial Commission” display card) to avoid a void affidavit.
Bundle fees – Some agencies (e.g., LandBank) offer a one-stop service where they notarize and process the replacement in a single window for an all-in fee.
Record the Notary’s doc/book/page numbers; you may need them if the affidavit is lost or questioned.

14. Bottom Line

A properly drafted and notarized Affidavit of Loss is often the first and most critical step toward replacing a lost document in the Philippines. Make sure the affidavit:

Contains the mandatory facts about the loss,
Complies with notarial formalities, and
Is accompanied by any agency-specific attachments required for the replacement process.

When in doubt—particularly for high-value instruments such as land titles, stock certificates, or large-denomination checks—consult a lawyer to avoid costly rejection or future legal disputes.