Affidavit of Loss Requirements for Philippine Passport

Affidavit of Loss Requirements for a Philippine Passport

(Everything a Filipino traveler, lawyer, or notary needs to know)


1. What is an Affidavit of Loss?

An Affidavit of Loss is a sworn, notarized statement in which the passport holder (or the holder’s legal representative) declares, under oath, that the Philippine passport has been irretrievably lost, states the circumstances of the loss, and formally asks the Department of Foreign Affairs (DFA) to cancel the missing booklet and issue a new one.

  • It is not an ordinary letter; it is a public instrument executed in accordance with the 2004 Rules on Notarial Practice and Articles 1805–1806 of the Civil Code on affidavits.
  • Once accepted by the DFA, the Affidavit becomes part of the applicant’s permanent passport file.

2. Governing Law & Policy

Instrument Key Provisions on Loss
Republic Act No. 8239 (Philippine Passport Act of 1996) §11–13: only the DFA may issue/replace; §20: penalty for loss or mutilation (₱350 first loss, ₱500 second, ₱700 third, ₱1,000 subsequent).
IRR of RA 8239 (2019 update) Part VII §35-36: affidavit required; 15-working-day verification hold when a still-valid e-Passport is lost.
DFA Consular Advisories (various) Enumerate supporting documents (IDs, PSA certificates, police report).
2004 Rules on Notarial Practice Form of affidavit; notary’s duties; venue & jurisdiction.
Civil Code Art. 1713–1722 (False testimony) & Revised Penal Code §183 (Perjury) Criminal liability for false statements in the affidavit.

3. When must you execute one?

  1. Lost but still valid e-Passport – mandatory.
  2. Lost expired passport (MRP or green booklet) – still required because the booklet remains government property.
  3. Lost in transit via courier or embassy pouch – the addressee executes the affidavit.
  4. Lost by a minor – executed by either parent with parental consent or by the legal guardian (submit proof of guardianship).
  5. Mutilated or torn passport – use Affidavit of Mutilation instead; but if pages are missing, execute both an Affidavit of Loss and Mutilation.

4. Who must sign?

Applicant Type Signatory
Adult (18 +) The passport owner.
Minor (<18) data-preserve-html-node="true" Any parent (if married) or the mother (if unmarried) or the court-appointed/legal guardian.
Physically-oriented disability preventing signature Thumb-mark witnessed by two disinterested parties and notarized.
Deceased holder No replacement possible; executor may file an affidavit for record-cancellation only.

5. Essential Contents of the Affidavit

  1. Complete personal details – full name, date & place of birth, civil status, present address.
  2. Passport details – number, date of issue, issuing authority, validity period.
  3. Narrative of loss – where, when, and how it was lost (pickpocket, flood, house fire, etc.).
  4. Efforts to recover – e.g., reported to mall security, coordinated with police, called taxi company.
  5. Statement of good faith & surrender – that the passport will be surrendered to DFA if found.
  6. Prayer – request that DFA cancel the lost booklet and issue a replacement.
  7. Signature & jurat – signed before a notary public within the territorial jurisdiction of the applicant’s residence or current location.

Tip: Affidavits executed abroad must be sworn before a Philippine Embassy/Consulate officer (consular notarization) or via apostilled local notarization under the Hague Apostille Convention.


6. Documentary Requirements for Passport Replacement

  1. Original notarized Affidavit of Loss (1 copy for DFA, 1 personal copy).
  2. One Government-issued photo ID (PhilSys, UMID, PRC, driver’s license, etc.).
  3. PSA-issued Birth Certificate (if details on DFA file are incomplete or applicant has never presented PSA record).
  4. PSA-issued Marriage Certificate (for women using a married surname and not yet recorded by DFA).
  5. Police Reportonly if loss was due to theft/robbery or if DFA evaluates the narrative as suspicious.
  6. Printed DFA Appointment Confirmation (schedule created via www.passport.gov.ph).
  7. Payment receipts – ₱950 (ordinary, 12 working days Metro Manila / 20 working days provinces) or ₱1,200 (expedite, 6 working days MM / 12 working days provinces) plus the Loss Penalty Fee (see §2).

7. Mandatory Verification (Holding) Period

Type of lost booklet Verification hold before printing
e-Passport still valid 15 working days (≈3 calendar weeks)
e-Passport already expired No verification hold
Machine-Readable Passport (maroon MRP) 15 working days
Green/Machine-Readable-Ready or non-e-passports No hold, but DFA discretion applies

The waiting period allows DFA to detect multiple active passports and to receive possible found & surrendered reports from airports, embassies, and Interpol.


8. Fees & Penalties Recap (as of March 2025 tariff)

Item Amount (₱)
Notarial fee (Metro Manila average) 150–300
Penalty – 1st loss 350
Penalty – 2nd loss 500
Penalty – 3rd loss 700
Penalty – 4th & succeeding 1,000 each occurrence
Passport issuance, ordinary 950
Passport issuance, expedited 1,200
Courier delivery (optional) 180

Unsettled penalties must be paid before the DFA releases the new passport.


9. Practical DFA Counterflow

  1. Arrive 30 minutes early. Affidavit must be pre-signed; notaries are not inside DFA premises.
  2. Submit at “Processing” window – officer checks affidavit and stamps VERIFIED FOR LOSS.
  3. Cashier – base fee + penalty.
  4. Encoding / Biometrics – new photo and fingerprints; lost passport details are red-flagged.
  5. Release – collect onsite or via courier after hold period.

10. Special Scenarios

Situation Extra Step
Dual Citizens under RA 9225 Present DFA-authenticated Certificate of Re-acquisition.
OFW with imminent deployment File an Affidavit of Urgent Travel + proof of job contract; DFA may waive hold.
Diplomatic or Official passport Affidavit countersigned by employer agency’s chief administrative officer.
Court-ordered change of name/gender Attach certified court decision; affidavit must reference new identity.

11. Liabilities & Red Flags

  • Perjury (Art. 183, RPC): up to 6 years’ imprisonment if the sworn narrative is false.
  • Passport Fraud (RA 8239 §20): up to ₱250,000 fine or 5 years’ imprisonment for willful concealment of the lost passport.
  • Multiple valid passports: automatic cancellation of all booklets and 10-year ineligibility for courtesy/official passports.
  • Habitual loss: DFA may downgrade validity to 5 years or require personal interview by the Assistant Secretary for Consular Affairs.

12. Sample Affidavit Skeleton (for guidance)

AFFIDAVIT OF LOSS
I, JUAN DELA CRUZ, Filipino, of legal age, single, born on 15 June 1995 in Quezon City, with residence at 123 Mabini St., Barangay Masagana, Pasig City, after having been duly sworn, depose and state that:

  1. I was issued Philippine Passport No. P1234567A on 12 March 2023 by the DFA Aseana, valid until 11 March 2033;
  2. On 08 April 2025, while commuting on Bus Route EDSA-Carousel between Ortigas and Guadalupe, my wallet containing the said passport was pick-pocketed;
  3. Despite diligent efforts, including a police report (Blotter No. QCPD-05-2025-1123) and inquiries with the bus operator, the passport remains unrecovered;
  4. I undertake to surrender the passport to the DFA should it be found;
  5. I respectfully request the cancellation of the aforesaid passport and the issuance of a replacement.
    IN WITNESS WHEREOF, I have hereunto set my hand this 15 April 2025 in Pasig City, Philippines.
    (Signature)
    SUBSCRIBED AND SWORN to before me this 15 April 2025…

(Notary’s jurat & seal)


13. Frequently Asked Questions

  • Q: Can I draft the affidavit myself?
    A: Yes, but have it printed on bond paper and notarized. Many applicants copy a DFA-provided template; content accuracy matters more than form.

  • Q: Is a police report always required?
    A: No. It is advisory, but bringing one speeds up processing, especially if the loss was due to a crime.

  • Q: What if my passport was damaged by flood?
    A: If physically surrendered—even soaked—you execute an Affidavit of Mutilation, not Loss. If swept away and gone, execute Loss.

  • Q: I found the passport after filing the affidavit—now what?
    A: Surrender it to DFA. Using it for travel is illegal once you have sworn it lost.


Final Reminders

  1. Plan your appointment early. The affidavit only addresses the legal loss; it does not shorten the DFA’s verification queue.
  2. Tell the truth. The affidavit is a criminally actionable document—perjury convictions are rare but possible.
  3. Keep photocopies and the notarized original even after you receive the new passport. Some embassies request it for visa issuance history.
  4. Update travel bookings. Airlines and embassies track passport numbers; notify them of the change to avoid mismatched records.

Disclaimer: This article summarizes Philippine laws and current DFA practice as of 30 April 2025. Rules may change; always consult www.passport.gov.ph or your nearest DFA Consular Office before filing.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.