This legal article explains what an Affidavit of Loss is, when and how to use it, how to get it notarized, and includes a ready-to-fill template plus variants for common situations in the Philippines.
1) What is an Affidavit of Loss?
An Affidavit of Loss is a sworn written statement declaring that a specific document, ID, card, passbook, receipt, certificate, or item has been lost, and describing the circumstances, efforts to locate it, and the affiant’s undertaking should it be found. In Philippine practice, it is most often required to trigger replacement or reissuance by a bank, school, government agency, or private institution.
Nature of the act: It is an affidavit subscribed under a jurat before a notary public (the notary administers the oath and certifies the affiant personally appeared and swore to the truth of the contents). It is not an acknowledgment.
2) When is it used?
Typical use cases include the loss of:
- Government IDs: Driver’s License, PRC ID, Postal ID, PhilHealth, Pag-IBIG, SSS/UMID, Passport (often with a police report).
- Banking instruments: Passbook, ATM/debit card, checkbook.
- School/Company IDs and certificates.
- LTO documents: OR/CR (for duplicate/replacement processing).
- Receipts/Certificates: Official Receipts, Certificates of Registration, enrollment receipts.
- SIM card details (for number recovery with the telco).
- Other items that require a sworn loss declaration under an office’s internal rules.
Special note on land titles and car plates: Loss of TCT/OTC/CTC (land titles) and license plates has more prescribed, agency-specific steps and often requires additional affidavits, clearances, and publications. Treat those as separate processes and follow the issuing agency’s checklist.
3) Legal considerations and risks
- Perjury/False swearing: Because an affidavit is a sworn statement, knowingly making false statements may constitute perjury and related offenses under the Revised Penal Code (as amended), with higher penalties than before. Only swear to facts you personally know and believe to be true.
- Falsification/Use of falsified documents: Attaching fabricated IDs or fabricating the loss can expose you to separate crimes.
- Privacy & data minimization: Include only information necessary to identify the lost item and to process replacement. Avoid disclosing sensitive personal data that the recipient does not require.
4) Contents of a solid Affidavit of Loss
A well-drafted affidavit should contain:
- Title (e.g., “Affidavit of Loss of ATM Card”).
- Affiant’s identity: Full name, citizenship, civil status, age (or “of legal age”), and address.
- Authority to execute (if signing for a minor/company).
- Detailed description of what was lost: Type, number(s), issuing office, date of issue/validity, and any unique identifiers.
- Circumstances of the loss: When, where, how it was lost; whether stolen, misplaced, or destroyed.
- Efforts to locate/recover: Searches, inquiries, and any related report (e.g., police blotter; attach if required).
- Statement that the loss was not pledged or transferred and that there are no liens/encumbrances (tailor to context).
- Undertaking to notify the issuer if found and to hold them free and harmless for acting on the affidavit.
- Purpose clause: “This affidavit is executed for the purpose of… (replacement/reissuance/blocking).”
- Signature line, jurat block, and notarial attachments (photocopies of government ID/s).
5) Jurat vs. Acknowledgment (which one applies?)
- Affidavit = Jurat. The notary certifies the affiant personally appeared, was identified by competent evidence of identity, and swore the contents are true.
- Acknowledgment is used for deeds/acts signifying voluntary execution (e.g., Deed of Sale), not for affidavits.
Always instruct the notary that the document is for jurat.
6) Notarization essentials (Philippine practice)
- Personal appearance before the notary public is required (no representatives for the oath).
- Competent Evidence of Identity (CEI): Valid government ID with photo and signature (passport, driver’s license, UMID, PRC, etc.). If none, two credible witnesses personally known to the notary and to the affiant may be used (rare; expect strict scrutiny).
- Sign in the notary’s presence. If you pre-signed, you’ll usually be asked to re-sign for the oath.
- Notarial register entry and copy of IDs are typically kept by the notary.
- Location rule: The notary must be commissioned for the place where the notarization occurs (check city/province).
- Electronic/remote notarization: Availability is limited and depends on current Supreme Court rules and local bar guidance; many institutions still insist on wet-ink, in-person notarization. Confirm institutional acceptance before using any remote option.
- Fees: Professional fees vary by locality and complexity. Ask for an official receipt.
7) Supporting documents often requested by recipients
- Government ID (CEI) of the affiant.
- Police blotter or barangay certification (sometimes mandatory for passports, some IDs, or when theft is involved).
- Proof of ownership/issuance: Old account number, card number (if available), previous receipt, or copy of the lost item.
- Company authorization when the affiant signs for a corporation (board resolution/SPA) or for a minor (parent/guardian with proof of relationship).
Always check the specific agency’s replacement checklist; an Affidavit of Loss is usually necessary but not sufficient.
8) Filing tips and common pitfalls
Do:
- Be specific about what was lost (numbers, dates, issuer).
- State when/where/how it happened (even approximations like “on or about…”).
- Attach any relevant reports (police, barangay) if requested.
- Keep a copy of the notarized affidavit and all attachments.
Avoid:
- Hearsay (facts you don’t personally know).
- Over-disclosure (excessive personal data).
- Vague descriptions (“my ID” without number/issuer) that delay processing.
- Using acknowledgment instead of jurat for an affidavit.
9) Ready-to-Use Template (General Form)
Pro-tip: Replace bracketed text with your details. Keep everything in one document unless the recipient requires annexes.
AFFIDAVIT OF LOSS
(General Form)
I, [FULL NAME], Filipino, [single/married/widowed], of legal age, with residence at [ADDRESS], after having been duly sworn in accordance with law, depose and state:
1. That I am the holder/owner of the following document/card/item: [DESCRIPTION: e.g., BPI ATM Card, Account No. XXX, Card No. (last 4 digits) XXXX; or PRC ID No. ______ issued on ______, valid until ______].
2. That on or about [DATE], in [PLACE], I [briefly narrate the circumstances: misplaced the item / discovered it missing / it was stolen / it was destroyed by ______].
3. That despite diligent efforts to locate the above item, including [describe efforts: retracing my steps, inquiring with the establishment/transport service, searching my residence/office], the same remains lost and beyond recovery as of this affidavit.
4. That the said item/document is not pledged, mortgaged, or otherwise subject to any lien or claim by any third person; I am executing this affidavit in good faith and for no fraudulent purpose.
5. That should the original be found or returned to my possession, I undertake to immediately inform [ISSUING AGENCY/BANK/COMPANY] and to return or surrender the same as may be required, and I agree to hold [ISSUING AGENCY/BANK/COMPANY] free and harmless from any liability arising from its reliance on this affidavit.
6. That I am executing this Affidavit of Loss to attest to the foregoing facts and for the purpose of [replacement/reissuance/blocking/cancellation], and for all legal intents and purposes.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__, in [City/Province], Philippines.
[Signature over printed name of AFFIANT]
JURAT
SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__, in [City/Province], Philippines, the affiant personally appeared and presented to me the following competent evidence of identity:
[ID Type] [ID No.] issued on [date] at [place].
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20__.
10) Targeted Variants (swap paragraph 1 and the purpose in paragraph 6)
a) Bank Passbook/ATM Card
- Para 1: “I am the depositor of [Bank], Account No. [____]; the lost item is my [passbook/ATM card] associated with said account.”
- Add: “I request blocking/cancellation and replacement of the instrument.”
b) Driver’s License
- Para 1: Mention “Driver’s License No. [], expiration [].”
- Purpose: “for LTO replacement of my Driver’s License.”
- Attach: Police report if LTO requires under current rules.
c) Vehicle OR/CR
- Para 1: Plate No., MV File No., Engine/Chassis No.
- Purpose: “for issuance of a certified true copy/duplicate OR/CR.”
- Expect: Additional LTO steps and clearances.
d) School/Company ID
- Para 1: School/company name, ID No., course/department.
- Purpose: “for issuance of a replacement ID.”
e) Passport
- Para 1: Passport No., date/place of issue, validity.
- Purpose: “for DFA processing of a replacement passport.”
- Attach: Police report (often mandatory), detailed circumstances.
f) SIM/Number Recovery
- Para 1: Mobile number, network, SIM serial if known.
- Purpose: “for deactivation/replacement of my SIM and retention of my number (subject to telco policy).”
11) Executing for minors or juridical persons
- Minor child: Parent/guardian executes as Affiant, with a line stating relationship and authority (e.g., “I am the mother of [Name], minor born on [DOB].”). Attach proof (birth certificate/ID).
- Corporation/Partnership: Authorized officer executes; cite board resolution/SPA and the company’s registration details. Attach copies as annexes if the recipient requires.
Sample authority line (company): “I am [Name], [Position] of [Company], authorized under Board Resolution dated [Date] to execute this affidavit on behalf of the corporation.”
12) Step-by-step: From draft to replacement
- Draft the affidavit (use the template).
- Gather CEI (valid government ID) and any supporting docs (account numbers, receipts).
- Police or barangay report if the recipient requires it (especially for theft or high-risk items like passports, checkbooks).
- Notarize (jurat) before a notary where you are physically present.
- Submit the notarized affidavit plus the agency’s replacement requirements and fees.
- Keep copies of everything you submit and the official receipt.
13) FAQs
Q: Can I use a photocopy or scan? A: Many offices accept scanned copies for initial email screening but will require the original notarized affidavit at some point. Ask the recipient first.
Q: Is a police report always required? A: No. It depends on the agency or the nature/value of the lost item. For suspicious circumstances or government IDs, expect stricter requirements.
Q: Can someone else sign for me? A: No—you must appear before the notary to swear to the contents. If incapacitated or abroad, consult counsel on acceptable alternatives (SPA, consular notarization, or executing the affidavit before a Philippine consular officer).
Q: How long is it valid? A: There’s no fixed “expiry,” but recipients may require a recent affidavit (e.g., executed within the last 3–6 months).
Q: Can I notarize outside the city of issuance? A: Yes. Notarize where you appear; the notary’s commission must cover that locality. The lost item’s issuer can be elsewhere.
14) Short Filipino version (for attachments)
Sinumpaang Salaysay ng Pagkawala
- Ako si [Pangalan], nasa hustong gulang, nakatira sa [Address].
- Nawawala ang aking [Uri ng dokumento/item, numero, petsa ng pag-isyu].
- Nawalan noong [Petsa] sa [Lugar] dahil sa [Dahilan/Kapalagayan].
- Sinikap ko itong hanapin ngunit hindi pa rin natatagpuan hanggang ngayon.
- Ang dokumento/item ay hindi naka-sangla o may pananagutan sa iba.
- Kapag natagpuan, ipaaabot ko agad sa [Ahensiya/Bangko/Kumpanya].
- Ginagawa ko ang salaysay na ito para sa [kapalit/replacement/blocking].
(Lagda at Jurat/Notaryo)
15) Practical checklist (printable)
- Correct title and purpose
- Full identity details of affiant
- Precise description of the lost item (numbers, issuer, dates)
- Clear circumstances of loss and efforts to locate
- No lien/encumbrance & good-faith statement
- Undertaking to inform/return if found
- Jurat, CEI, and notarial register entry
- Required annexes (police/barangay report, proofs)
- Copies for your records and submission
16) Final reminders
- Tailor the affidavit to the recipient’s checklist; many agencies publish their own required wording.
- Keep statements truthful, specific, and measured. When in doubt, consult a Filipino lawyer for complex situations (e.g., lost titles, checkbooks, or potential fraud).
You can copy the template above into a document editor, fill it out, and bring it—together with your ID and any required reports—for notarization under a jurat.