Affidavit of Loss Requirements under the Philippine Freedom of Information (FOI) regime

Philippine legal article (general information; not a substitute for legal advice).

1) Executive summary

In the Philippines, an Affidavit of Loss is a notarized sworn statement used to formally declare that a specific document, ID, record, or item has been lost and to request a replacement, certified copy, or other administrative relief. Within the FOI framework (primarily anchored on Executive Order No. 2, s. 2016 for the Executive branch), an affidavit of loss can become relevant when:

you’re requesting copies of records that pertain to you and the originals were lost in your possession;
the agency needs proof of loss before issuing a duplicate, reprint, or certified true copy; or
you’re acting through a representative, and the agency asks for supporting sworn statements to validate authority, loss, or both.

While FOI grants a right to access public records, it does not guarantee automatic re-issuance of personal documents; agencies often apply their own sector-specific rules for replacements. The affidavit of loss fills the evidentiary gap: it formalizes your account of what was lost, when, and how, under oath.

2) Legal touchpoints and policy context

FOI (Executive Branch): Executive Order No. 2 (2016) operationalizes the constitutional right to information as to national government agencies, GOCCs, and state universities/colleges under the Executive. It provides the procedure for requesting access to existing records. Many agencies implement this through FOI manuals and/or the eFOI portal.
Agency-specific charters and rules: For reissuance or replacement of documents (e.g., licenses, IDs, permits, school records), agencies typically rely on their own laws, IRRs, and circulars. These often list an affidavit of loss among requirements.
Rules on Notarial Practice (Philippines): Affidavits must be signed in the personal presence of a notary and supported by competent evidence of identity. Affidavits are usually jurats (you swear to the truth of the contents).
Revised Penal Code (Perjury): False statements under oath can result in criminal liability. Treat affidavits seriously; misrepresentation risks penalties.

3) When FOI intersects with an Affidavit of Loss

FOI requests aim to access records. An affidavit of loss typically becomes necessary when:

You need a copy of a document previously issued to you (e.g., an agency-issued certificate, license card, official receipt) and the agency’s replacement protocol requires an affidavit of loss.
You seek your own personal data and the agency asks for additional proof (affidavit of loss, proof of identity, authorization if via representative) to ensure lawful disclosure under data protection principles.
You reference a lost document to help the agency locate it (e.g., “Lost PRC ID issued on [date]; requesting a record extract”). The affidavit supplies specifics that improve records tracing.

Key distinction: FOI = access to existing records. Affidavit of loss = prerequisite for replacement of previously issued personal documents or for certain certified copies. Some agencies process both: FOI for the record copy, and the affidavit for lawful replacement.

4) Who may execute and who may file

The owner of the lost document executes the affidavit.
A representative may execute an affidavit if they have personal knowledge (e.g., custodian who lost the item) and an Authority/SPA from the owner for the transaction.
For minors or persons under guardianship, the parent/guardian typically executes, attaching proof of parentage/guardianship.
In corporate settings, an authorized company officer executes for company-owned IDs/records, attaching board/secretary’s certificates or delegations.

5) Core contents of a compliant Affidavit of Loss

Agencies vary, but a robust affidavit usually contains:

Title/Caption: “Affidavit of Loss.”
Affiant’s identity: Full name, nationality, civil status, date of birth, address, and government ID details (ID type, number, issuing authority, date of issue).
Description of the lost document/item: Type (e.g., PRC ID, OR/CR, license, certificate), number/serial, date of issue, issuing office, any unique identifiers.
Circumstances of the loss: Date, time, place, manner (e.g., misplaced, theft, fire, flood). If unknown, say so and explain efforts made to locate or recover.
Efforts to locate/recover: Searches undertaken, inquiries made, reporting to establishment or transport line, etc.
Statement that the item has not been pledged/assigned and is not in the affiant’s possession.
Purpose clause: “This affidavit is executed to attest to the foregoing facts and to support my request for [replacement/certified true copy/FOI access].”
Undertaking: Commitment to surrender the original if found and to indemnify the agency against claims arising from re-issuance (if required by agency policy).
Signature block and jurat: Signed in the notary’s presence, with complete jurat (date/place of notarization and notary details).
Annexes: Photocopies of IDs, reference receipts, previous photocopies of the lost document (if any), police or barangay report if applicable.

6) Notarization requirements & “competent evidence of identity”

Personal appearance before the notary is mandatory.
Present competent evidence of identity (e.g., valid government-issued photo ID). Two IDs are often preferred in practice.
The notary will administer the oath (jurat), verify your identity, and complete the notarial certificate.

7) Typical supporting documents agencies may require (besides the affidavit)

Government IDs of the affiant (and of the owner if affiant is a representative).
Proof of authority (Authorization Letter or Special Power of Attorney) if filed via representative, plus representative’s ID.
Police report or barangay blotter for losses involving suspected theft, valuable documents, or when the agency specifically requires it (common for passports and certain licenses).
Proof of prior issuance: old photocopies, reference numbers, official receipts, application stubs, or emails acknowledging release.
Birth/marriage certificates or corporate documents when identity or capacity must be established.

Agencies may also impose waiting or publication periods before re-issuance (e.g., to deter fraud) and fees for replacement or certification.

8) Using an Affidavit of Loss within FOI workflows

A. If filing through the eFOI portal or an agency FOI desk

Create an FOI request that clearly identifies the record, covering date ranges, issuing office, and identifiers.
If the record relates exclusively to you, state that and be ready to prove identity.
Attach the Affidavit of Loss (PDF) and any supporting documents the agency’s FOI manual lists (IDs, SPA if via representative).
Monitor agency replies: they may (a) grant access, (b) ask you to cure deficiencies (e.g., clearer ID, SPA, better description), or (c) redirect you to the agency’s replacement procedure (outside FOI), especially for re-issuance of personal IDs/licenses.

B. If you need a replacement, not just a copy

FOI may not be the proper track. Many agencies process replacements under client-facing service procedures (Citizen’s Charter). Your affidavit of loss will be filed there, not as an FOI request.
It’s common to use both tracks: FOI to obtain a record extract or certified copy from archives; service counter to request re-issuance—each may reference the same affidavit.

9) Data privacy and confidentiality checks

When records include personal data, agencies must verify your identity and lawful basis to disclose. Your affidavit of loss helps demonstrate necessity and legitimacy of your request.
If requesting another person’s record, you’ll need proof of authority and often that person’s consent, unless a legal exception applies.

10) Timelines, fees, and validity

FOI timelines are governed by EO No. 2 and each agency’s FOI manual (acknowledgment, extension grounds, etc.).
Affidavit of loss itself has no fixed “expiry” in law, but agencies may require that it be recent (e.g., executed within the last 3–6 months) and consistent with events described.
Expect notarial fees and, where applicable, replacement/certification fees set by the agency.

11) Risks, liabilities, and good practice

Accuracy is paramount. False statements under oath expose you to perjury charges and administrative consequences (denial, blacklisting).
Be specific about the document identifiers and dates; vagueness causes denials or repeated clarifications.
Use consistent names and signatures across all documents; mismatches trigger identity verification issues.
Keep copies of everything you file (affidavit, IDs, receipts, portal submissions).

12) Special scenarios (illustrative)

Lost professional license/ID: Affidavit of loss + IDs; sometimes police report; proceed through the licensing body’s replacement process. FOI might be used to obtain record verification or certificate of registration details.
Lost OR/CR (vehicle): Affidavit of loss with vehicle details; agency may require LTO-specific steps, possible publication or police report. FOI might assist in getting historical record extracts.
Lost school records/diploma: Affidavit of loss plus IDs; registrar’s office typically handles replacement of TOR/diploma under school rules; FOI can apply to state universities under EO No. 2.
Lost agency-issued certificate (e.g., permits, clearances): Affidavit of loss aids tracing; agency decides whether FOI access suffices or re-issuance protocol applies.

13) Clean template you can adapt

Affidavit of Loss I, [Full Name], Filipino, of legal age, [civil status], and a resident of [address], after having been duly sworn, depose and state that:

I am the owner/holder of [describe document/item: type, number, date of issue, issuing office].

On or about [date/time] at [place], I [explain circumstances of loss: misplaced/theft/fire/etc.].

Despite diligent efforts, including [list efforts to locate/recover], I have been unable to find or recover the above-described document/item.

The said document/item has not been pledged, transferred, or assigned to any person, and to the best of my knowledge, it is not in anyone’s lawful possession.

I execute this affidavit to attest to the truth of the foregoing and to support my request for [replacement/certified true copy/FOI access/record verification]. IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [city/municipality], Philippines.

[Signature over Printed Name]

JURAT SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting to me [ID type, number, issuing authority, date of issue].

[Notary Public] PTR No. ___; IBP No. ___; Roll No. ___; Commission No./until ___

14) Quick checklist (printable)

Properly identify the lost document (type, number, date, issuing office).
Clearly narrate how, when, where it was lost; list efforts to find it.
Include a purpose clause (replacement/certified copy/FOI).
Prepare valid IDs and appear personally before a notary for the jurat.
Attach supporting proofs (old photocopy, receipts, police/barangay report if applicable).
If using a representative, prepare SPA/authorization + IDs of both parties.
For FOI: ensure your request precisely identifies the record and complies with the agency FOI manual (format, timelines, possible fees for copies).
Keep copies of all submissions and notarial pages.

15) Bottom line

An Affidavit of Loss is not an FOI “magic key,” but it is often indispensable evidence when asking a government agency to reissue or certify a record whose original you no longer have. Use FOI to access existing records; use the affidavit (and the agency’s service procedures) to replace or reprint personal documents. Draft clearly, notarize properly, and align with the specific agency’s documented requirements.