Affidavit of Loss Requirements for a Philippine Passport
(Comprehensive Legal Guide – April 2025 Edition)
1. Statutory & Regulatory Foundations
| Source | Key Provision |
|---|---|
| Republic Act No. 8239 (Philippine Passport Act of 1996) | §12(c): mandates the holder to report loss; DFA may prescribe evidence to prove loss before issuing a replacement. |
| IRR of RA 8239 (DFA Department Order No. 37-03 & subsequent circulars) | Details penalty fees, waiting period, and documentary proof (including an Affidavit of Loss). |
| Civil Code of the Philippines, Art. 1182 & Notarial Rules (2004) | Form and legal effect of notarized affidavits. |
| Revised Notarial Rules (2020 update) | Governs electronic notarization and consular notarization abroad. |
2. Who Must Execute the Affidavit
| Scenario | Affiant |
|---|---|
| Adult passport holder (18 +) | The holder themself. |
| Minor (below 18) | Both parents or the parent/guardian who will sign the application; attach PSA‐issued Birth Certificate & valid government ID of parent/guardian. |
| Incapacitated adult | Judicially-appointed guardian with Letters of Guardianship. |
| Lost passport of a deceased relative (for estate matters) | Executor/administrator—usually for cancellation, not replacement. |
3. Essential Contents of the Affidavit
- Personal details – full name, date & place of birth, civil status, address.
- Passport particulars – number, date & place of issue, expiration date.
- Circumstances of loss – date, approximate time, location, manner (e.g., theft, misplaced while traveling).
- Efforts to recover – steps taken (police report, lost-and-found inquiries, transport terminal report, hotel incident log, etc.).
- Declaration – that the passport has not been used for any fraudulent or illegal act and was not confiscated by any authority.
- Undertaking – to surrender the lost passport to DFA if found and to assume liability for any misuse.
- Prayer – request for DFA to cancel the lost passport and issue a new one.
- Oath/Jurat – sworn before a Philippine Notary Public or a Consular Officer.
Tip: Cite passport particulars exactly as printed to avoid DFA “data mismatch” rejects.
4. Formal & Execution Requirements
| Element | Domestic Execution | Abroad |
|---|---|---|
| Paper size | Philippine legal (8½ × 13 in) or A4 | Host-country standard or A4 |
| Notarization | By a commissioned Philippine Notary Public; blue or black ink; notarial seal with competent evidence of identity (CEI) | By a Philippine Consul or Vice-Consul (consular notarization) OR local notary + Apostille/legalization, depending on the host country’s Hague status |
| Identification of affiant | Two government-issued IDs; at least one with photo & signature (e.g., driver’s license, UMID, PRC, PhilSys) | Same; passports/cards still in affiant’s possession |
| Electronic notarization | Allowed since 2020 but DFA still requires a hard-copy original with wet signatures when filing in person | E-notarization rarely accepted; safer to execute a physical document at the consulate |
5. Supporting Documents Submitted to DFA
- Original notarized Affidavit of Loss (one copy for DFA, one for applicant).
- Police Report – mandatory if loss resulted from theft/robbery; must bear station stamp & signature.
- Valid ID(s) of the applicant/affiant (original + photocopy).
- PSA-issued Birth Certificate (for first-time applicants or minors replacing a lost passport).
DFA reserves the right to request a National Bureau of Investigation (NBI) Clearance if it suspects identity fraud or multiple lost passports.
6. Filing Venue & Process (Domestic)
- Secure online DFA appointment under “Lost Valid/Expired Passport.”
- Appear at the chosen Consular Office on the appointment date.
- Present the documents & pay the prescribed passport fee plus the “Lost Passport Penalty.”
- DFA encodes data; the Affidavit of Loss is scanned and retained.
- Waiting period (see next section) begins before printing.
- Claim the new passport personally or through an authorized representative with Special Power of Attorney (SPA) & IDs.
7. Mandatory Waiting Period / Clearance Hold
| Type of lost passport | Waiting Period |
|---|---|
| ePassport still valid on date of loss | 15 calendar days “clearing period” to monitor possible misuse. |
| Expired passport | No waiting period. |
| Second consecutive loss within 10 years | DFA may extend to 30 days or require Clearance from the Office of Consular Affairs–Passport Fraud Unit. |
8. DFA Fees & Penalties (2025 Schedule)
| Particular | Express (7 – 10 working days) | Regular (15 – 20 working days) |
|---|---|---|
| Passport Application Fee | ₱1,200 | ₱950 |
| Lost Passport Penalty | ₱350 | |
| Affidavit Notarization (outside DFA) | ₱150 – ₱500 (varies) | |
| Consular Notarization abroad | US$25 – US$30 (or local equivalent) | |
| Courier Delivery (optional) | ₱180 |
Note: Fees are non-refundable even if the lost passport is later recovered.
9. Replacement Passport Application — Quick Checklist
- Online DFA appointment (Lost Passport category)
- Payment reference & receipt (if paid via e-payment)
- Original notarized Affidavit of Loss
- Police report (if theft)
- PSA Birth Certificate (if required)
- Any valid government ID
- Photocopies of all documents
- Personal appearance
10. Special Situations
| Category | Additional Notes |
|---|---|
| Minors traveling soon | DFA does not waive the waiting period except for life-or-death medical emergencies; submit medical certificates. |
| Dual/Multiple Citizens | Bring proof of Philippine citizenship (e.g., Recognition Certificate) plus foreign passport; execute Affidavit naming both passports. |
| Seafarers & OFWs | Loss at sea or overseas jobsite: get Master’s Report or employer certification; consular affidavit may be executed at nearest Philippine Embassy/Consulate. |
| Diplomatic & Official Passports | Report immediately to the DFA – Office of Protocol; replacement issued only upon endorsement by agency’s DFA liaison. |
11. Executing an Affidavit Abroad
- Book an appointment for “Notarial Services” at the nearest Philippine Embassy/Consulate.
- Bring two IDs, draft affidavit, and any supporting incident report.
- Execute and sign before the Consular Officer; pay consular fee.
- The consulate may directly forward a certification of loss to DFA, expediting clearance when you re-enter the Philippines.
If local notarization is cheaper:
- Notarize with a local notary and obtain an Apostille (if host state is party to the 1961 Hague Convention).
- Attach the Apostille to your affidavit before presenting it to DFA in Manila; authentication by the Philippine Embassy is no longer nötig.
12. Data Privacy & Potential Liability
- False statements in an Affidavit of Loss constitute perjury under Art. 183, Revised Penal Code (penalty: up to 6 years + fine).
- Using a recovered passport despite having declared it lost may trigger Art. 172 (falsification) charges and §23 RA 8239: ₱50,000 fine & travel ban.
- All affidavits are kept in DFA’s e-secure repository for 10 years, per National Archives & Data Privacy Act rules.
13. Frequently Asked Questions
| Question | Answer (short) |
|---|---|
| “I found my passport after filing the affidavit. What now?” | Submit written notice + the recovered passport to the same DFA office before release of the new passport; the penalty fee is not refunded. |
| “Can I mail the affidavit instead?” | No. Personal appearance is mandatory for biometric capture and interview. |
| “What if my passport was lost in a fire?” | Get a Bureau of Fire Protection (BFP) report; attach to your affidavit. |
| “Does notarization inside DFA COs guarantee acceptance?” | It simplifies compliance but third-party notarization is equally valid if correctly executed. |
14. Sample Affidavit of Loss (Domestic Form)
Republic of the Philippines
CITY/MUNICIPALITY OF ______________
x---------------------------xAFFIDAVIT OF LOSS
I, JUAN DELA CRUZ, Filipino, of legal age, single, and residing at 1234 Mabini St., Manila, after having been duly sworn, depose and state:
- That I was the lawful holder of Philippine Passport No. P1234567A, issued on 10 May 2023 at DFA-ASEANA, valid until 09 May 2033.
- That on 12 April 2025, while commuting on a public jeepney from Ermita to Makati, my wallet containing the aforesaid passport was stolen.
- That immediately upon discovery of the theft, I reported the incident to Ermita Police Station 5, which issued Police Report No. 2025-0412-678.
- That despite diligent efforts, my passport has not been recovered and is now beyond my control.
- That the lost passport has not been used for any illegal purpose, and should it be found, I undertake to surrender the same to the Department of Foreign Affairs for proper disposition.
IN WITNESS WHEREOF, I have hereunto set my hand this 15 April 2025 in Manila, Philippines.
(sgd.) JUAN DELA CRUZ
Affiant
ID presented: Driver’s License No. D05-1234567-0SUBSCRIBED AND SWORN to before me this 15 April 2025, at Manila, Philippines. Affiant exhibited the government ID indicated above.
Doc. No. ____
Page No. ____
Book No. ____
Series of 2025
(End of sample)
15. Key Takeaways
- Accuracy and detail in the Affidavit of Loss directly affect DFA approval speed.
- Notarize properly—domestic or consular—to prevent re-execution.
- Observe the 15-day clearing period for still-valid passports; plan travel accordingly.
- Always keep a photocopy or digital scan of your passport biographic page to simplify future reporting.
- Misrepresentations can attract criminal, civil, and administrative sanctions.
Disclaimer: This article is for general informational purposes and does not substitute for personalized legal advice. For complex situations, consult a Philippine lawyer or contact the DFA Passport-Legal Directorate.