An Affidavit of Loss is a sworn written statement executed by a person who has misplaced or cannot locate a document or item, declaring the circumstances of the loss and affirming that a diligent search has been conducted without success. In the Philippine educational context, this legal instrument is most commonly required when a student seeks the replacement of a lost School Identification (ID) Card issued by their elementary, junior high, senior high, or tertiary institution.
School IDs serve as official proof of enrollment, facilitate access to campus facilities, and are often presented for library privileges, examinations, and various administrative transactions. Their loss triggers the need for an Affidavit of Loss to protect the integrity of the identification system, prevent potential misuse, and comply with institutional policies. While no single national statute exclusively governs School ID replacement, the requirement draws from general principles under the Civil Code, the Rules of Court on affidavits, and the Notarial Rules, as well as the administrative regulations of the Department of Education (DepEd) for basic education and the Commission on Higher Education (CHED) for tertiary levels.
Legal Basis and Purpose
The execution of an Affidavit of Loss is grounded in the solemnity of oaths under Philippine law. Article 183 of the Revised Penal Code penalizes perjury for making false statements under oath. Republic Act No. 8792 (Electronic Commerce Act) and subsequent issuances on remote notarization have modernized the process, but physical notarization remains the norm for most school transactions.
The primary purposes in the school setting are:
- To formally notify the educational institution of the loss.
- To absolve the student from liability should the lost ID be used illicitly.
- To support the application for a duplicate ID, ensuring the new card bears updated security features.
- To satisfy insurance or accounting requirements of the school regarding issued IDs.
Who May Execute the Affidavit
The affiant is typically the student to whom the ID was issued. For minors (below 18 years old), common in basic education, the parent or legal guardian usually executes the affidavit on the child’s behalf or co-executes it with the minor’s participation. In collegiate settings, the student of legal age executes it independently. Authorized representatives may act with a Special Power of Attorney in exceptional cases, such as when the student is abroad or incapacitated.
Essential Requirements and Contents of the Affidavit
A valid Affidavit of Loss for a School ID must contain the following elements to be legally sufficient:
Caption and Jurat: It must begin with “Republic of the Philippines” followed by the city or municipality where it is executed. The document concludes with a jurat indicating subscription and swearing before a notary public or authorized officer.
Personal Circumstances of the Affiant: Full name, age, civil status, citizenship (usually Filipino), and complete residential address.
Student Details: Current year level or course, name of the school, school address, and the specific ID number if known.
Description of the Lost Item: Date of issuance of the original ID, its validity period, and distinctive features (e.g., holographic seal, barcode, photograph).
Narrative of Loss: Exact or approximate date, time, and place of loss; brief account of circumstances (e.g., lost while commuting, misplaced in a public place, or unknown circumstances). Vague statements such as “lost somewhere” are generally acceptable if accompanied by a declaration of diligent but unsuccessful search.
Declaratory Statements:
- That the ID has not been found despite reasonable efforts.
- That the affiant believes the ID is irretrievably lost.
- That the affidavit is executed in good faith for the sole purpose of securing a replacement.
Signature: The affiant’s wet signature (or electronic signature where allowed). For minors, the parent’s signature appears prominently.
The document must be typewritten or legibly handwritten, free of erasures or alterations unless properly initialed.
Notarization Requirements
The affidavit acquires legal force only upon notarization. Acceptable notaries include:
- Notary public commissioned in the place of execution.
- In certain localities, the barangay captain or punong barangay may administer oaths for simple affidavits under the Katarungang Pambarangay rules, though many schools prefer or require a notary public.
- For students in provinces or far-flung areas, traveling notaries or those in municipal halls are commonly used.
Notarization entails presentation of at least one competent evidence of identity (e.g., passport, driver’s license, PhilID, or school ID if another valid ID exists). The notary records the document in their notarial register.
Recent developments permit remote online notarization (RON) under the 2021 Rules on Notarial Practice, allowing video-conferenced execution with electronic signatures, though adoption varies among schools and notaries.
Supporting Documents Typically Required by Schools
While the Affidavit of Loss is central, Philippine schools almost universally demand supplementary items for replacement:
- Duly accomplished ID replacement application form.
- Police blotter or incident report (mandatory in many institutions when loss occurred outside the campus or involves suspected theft).
- Two to four pieces of recent 1x1 or 2x2 ID pictures with white background.
- Payment of replacement fee (ranging from ₱50 to ₱500 depending on the institution and whether the ID includes RFID or smart card features).
- For damaged (not lost) IDs, surrender of the old card.
- Parent’s or guardian’s written consent and valid ID when the student is a minor.
- In some private schools, a certification from the class adviser or dean confirming good standing.
Public schools under DepEd often follow more uniform guidelines issued by their division offices, while private institutions and state universities enjoy greater autonomy in setting fees and documentary requirements.
Step-by-Step Procedure
- Report the Loss: Immediately inform the school security or administration and, where appropriate, file a police blotter.
- Draft the Affidavit: Prepare or have a lawyer prepare the document using the required format.
- Notarize: Have the affidavit sworn before a notary.
- Gather Supporting Documents: Collect photos, forms, and fees.
- Submit to the School: Present everything to the registrar, student affairs office, or designated ID section.
- Pay Fees and Await Processing: Processing periods range from same-day issuance (for simple cards) to one to two weeks (for cards with advanced security features).
- Receive New ID: The replacement card is usually marked “DUPLICATE” or bears a new issuance date.
Special Considerations and Variations
- Public vs. Private Institutions: DepEd schools may waive or simplify the police report for on-campus losses. CHED-regulated universities often impose stricter requirements, especially for professional programs.
- International or Foreign Schools: These may require additional consular authentication or alignment with their home country’s rules if the ID serves dual purposes.
- Loss During Board Examinations or Internships: Students in licensure programs (e.g., nursing, engineering) may need the affidavit for gate entry or hospital affiliation, sometimes requiring expedited processing.
- Multiple Losses: Repeated affidavits may prompt schools to impose higher fees or disciplinary counseling to discourage negligence.
- Digital School IDs: With the rise of QR-code or mobile-based digital IDs, some institutions accept a digital declaration or screenshot of loss instead of a full notarized affidavit, though this remains non-universal.
Legal Risks and Best Practices
False declarations in an Affidavit of Loss expose the affiant to criminal liability for perjury or falsification of public documents. Schools may also impose internal sanctions, such as community service or temporary suspension of privileges.
Best practices include:
- Executing the affidavit as soon as possible after discovery of loss.
- Retaining a copy of the notarized document for personal records.
- Using clear, factual language and avoiding exaggeration.
- Consulting the specific school’s student handbook or ID policy, as requirements can differ even among campuses of the same university system.
- For students in remote areas, coordinating with local government units that sometimes offer free or subsidized notarization services for educational documents.
The Affidavit of Loss remains an indispensable legal tool in the Philippine school ecosystem, balancing administrative efficiency with the protection of student identity and institutional security. Compliance ensures swift restoration of the student’s official status while upholding the evidentiary value of sworn statements under Philippine jurisprudence.