I. Introduction

An Affidavit of Loss is one of the most commonly requested legal documents in the Philippines. It is required in many situations, such as when you lose:

Government-issued IDs (e.g., UMID, SSS, PhilHealth, Pag-IBIG, PRC ID)
Driver’s license or vehicle documents
Bank passbooks, checkbooks, ATM cards, or credit cards
Company IDs, school IDs
Titles, certificates, official receipts, or other important documents

This article explains what an Affidavit of Loss is, what it does legally, and—most importantly—where and how you can obtain one in the Philippines, including for Filipinos abroad.

II. Legal Nature of an Affidavit of Loss

1. What is an affidavit?

An affidavit is a sworn written statement made by a person (the affiant) who declares that its contents are true, and then subscribes and swears to it before a person authorized to administer oaths (usually a notary public).

In general:

It is considered a public document if properly notarized.
It may be used as evidence to prove facts stated in it, subject to the usual rules of evidence.

2. What is an Affidavit of Loss?

An Affidavit of Loss is a specific type of affidavit where the affiant:

States that a particular document, item, or instrument has been lost;
Narrates how, when, and where it was lost (as far as reasonably known); and
Declares that the loss is not due to fraudulent intent and that the item has not been pledged, transferred, or used for unlawful purposes.

Because it is a sworn statement, knowingly false statements in an affidavit may expose the affiant to criminal liability for perjury and, in some cases, estafa or other offenses.

III. When Is an Affidavit of Loss Required?

Different institutions require it in different situations, including:

Government agencies: Replacement of lost IDs, licenses, permits, certificates
Banks and financial institutions: Lost passbook, checkbook, ATM, credit card, or loan documents
Schools: Replacement of school ID, diploma, transcript
Employers: Lost company ID, equipment, or documents
Transport-related agencies: Lost driver’s license, OR/CR, plates
Courts or registries: Lost land titles, official receipts, and similar documents

Sometimes an Affidavit of Loss is required together with other supporting documents, such as a police blotter, barangay certification, clearances, or official forms.

IV. Who May Execute an Affidavit of Loss?

The affidavit is generally executed by:

The owner or holder of the lost item; or
A person who has direct knowledge of the loss and is legally interested (e.g., a company representative if the lost item belongs to a corporation).

The affiant must:

Be of legal age (usually 18 or above);
Be competent and able to understand the statement;
Present valid identification to the notary public or officer administering the oath.

V. Where to Obtain an Affidavit of Loss in the Philippines

Strictly speaking, you don’t “buy” an affidavit of loss off the shelf; instead, you:

Draft or have it drafted; and
Have it notarized or sworn before an authorized officer.

However, in everyday practice, people often say, “Where can I get an affidavit of loss?” meaning: “Where can I go to have one prepared and notarized?”

Below are the common places:

1. Law Offices and Notaries Public

The most typical and straightforward option is to go to a law office or a notary public.

Almost all notaries public can prepare and notarize an Affidavit of Loss.
Many law offices keep standard templates which they customize based on your situation (e.g., lost passport vs. lost title vs. lost ATM card).

What usually happens:

You visit a law office or office of a notary public.
You explain what was lost and how it was lost.
The staff or lawyer prepares a draft affidavit for you.
You read and confirm the contents.
You sign it in the presence of the notary, who will then notarize it.
The notarized affidavit is returned to you, with corresponding entry in the notarial register.

Law offices and notaries are commonly found:

In business districts
Near courts and city/municipal halls
Inside or near commercial buildings and malls

2. Notarial Desks and Legal Clinics in Malls and Commercial Areas

Many malls and commercial centers have notarial desks or small offices offering:

Notarization services
Preparation of simple legal documents (affidavits, special powers of attorney, certifications, etc.)

These are convenient for quick, standard Affidavit of Loss requests, such as for:

Lost IDs
Lost SIM cards
Lost cards or basic documents

The process is usually fast and standardized: provide information, sign, notarize, pay the fee, and receive your affidavit.

3. Barangay Hall

Some barangay halls issue documents that resemble affidavits (often called Barangay Certifications or Affidavits signed by the Punong Barangay). Practices vary, but generally:

Barangay officials can administer oaths in certain situations.
A barangay may release a Certification of Loss or a simple sworn statement.

However:

Not all agencies accept barangay-issued affidavits as a substitute for a notarized affidavit by a notary public.
For sensitive documents (e.g., land title, bank instruments), agencies typically require a notarial affidavit.

Barangay-issued documents may still help in:

Supplementing your evidence of loss;
Showing that you reported the incident;
Supporting your request before government agencies or employers, especially for minor IDs.

4. City or Municipal Hall – Legal Assistance or Public Attorneys

Some city or municipal halls may have:

Legal aid desks
Public Attorney’s Office (PAO) branches
Mayor’s Legal Office or local legal clinics

While PAO is primarily for indigent litigants, there are instances where they assist in basic affidavits if related to ongoing or intended cases involving the poor. Availability and scope of assistance vary by locality.

In some areas, city or municipal halls also host notaries or maintain updated lists of notaries in the locality.

5. Government Offices with Their Own Forms

Many government agencies that frequently deal with lost documents provide their own Affidavit of Loss forms or templates for your use. For example:

Licensing agencies (for driver’s license and vehicle documents)
Regulatory boards (for lost professional IDs)
Some IDs and benefit agencies (for lost membership IDs)
Universities or schools (for lost IDs, diplomas)

In these cases:

The agency might give you a pre-printed Affidavit of Loss form or a downloadable template.
You fill it out with your details and circumstances of loss.
You then bring that filled-out form to a notary public for notarization, unless the agency allows execution before its own authorized officer.

This approach ensures that your affidavit contains exactly the information that the agency requires to process your replacement request.

6. Banks and Financial Institutions

For lost passbooks, checkbooks, or cards, banks may:

Provide you with their own Affidavit of Loss template; or
Ask you to submit an Affidavit of Loss drafted by you or a lawyer, containing specific statements (e.g., that checks will not be honored, that you will indemnify the bank, etc.).

Often, banks require:

The affidavit to be notarized; and
Some identification and additional forms (e.g., request for replacement, stop payment instructions, etc.).

Thus, while you typically obtain the notarization externally, the content of the affidavit is sometimes dictated by the bank’s standard format.

7. Online and Remote Notarization (Where Available)

Some notaries offer online or remote services, subject to the rules on notarial practice and any special rules on video-conferenced notarization.

Common pattern:

You contact the notary online and send your details and ID.
The notary or staff prepares a draft affidavit.
A video call or similar online meeting is scheduled where you affirm and electronically sign, depending on allowed practice.
The notary completes the notarial act and issues either a digitally signed document and/or a printed notarized copy.

However:

Remote notarization is subject to strict rules and may not be universally available.
Some agencies still insist on physical, wet-ink signatures and paper documents.

Always verify whether the office that will receive your affidavit accepts remotely notarized documents.

8. Philippine Embassies or Consulates (For Filipinos Abroad)

Filipinos abroad who need an Affidavit of Loss for Philippine use may go to:

The Philippine Embassy
A Philippine Consulate General
Other Filipino foreign service posts

Consular officers are generally authorized to administer oaths and notarize documents. The procedure typically involves:

Booking an appointment or walking in, depending on the post.
Presenting identification and explaining the document needed (Affidavit of Loss).
Filling up a form or providing information for the affidavit.
Taking an oath and signing before the consular officer.
Paying the applicable consular fee.

Consular notarization is widely recognized in the Philippines. Sometimes documents may bear an authentication or apostille depending on use.

VI. Requirements When Getting an Affidavit of Loss

Though specific requirements vary, common requirements include:

Valid ID
- Government-issued ID(s) for proper identification before the notary or official.
Details of the lost item
- Type of document or item (e.g., ATM card, PRC license, land title).
- Document number, serial number, or other identifying marks (if known).
Circumstances of the loss
- Date and approximate time of loss.
- Place where it was lost or where you last saw it.
- Brief narrative of how it went missing (e.g., left in a taxi, stolen, misplaced).
Supporting documents (if available or required)
- Photocopy of the lost item (if you have one).
- Police blotter or barangay blotter, especially if loss is due to theft or robbery.
- Letters or forms provided by banks or agencies.
Notarial fee
- The fee for preparation and notarization, which varies by region, complexity, and office.

VII. Typical Contents of an Affidavit of Loss

Although formats differ, most Affidavits of Loss contain the following clauses:

Title
- “Affidavit of Loss”
Personal details of affiant
- Name, age, civil status, citizenship, and address.
Introductory statement
- “I am executing this affidavit to attest to the truth of the following facts…”
Description of the lost item/document
- Type (e.g., driver’s license, bank passbook)
- Number, issuing authority, and date issued (if known).
Narration of loss
- When and where the item was last seen.
- How it was lost (misplaced, stolen, left in a vehicle, etc.).
- Statement that despite diligent efforts (if applicable), it could no longer be found.
Assurances and undertakings
- That the lost item is not being used for illegal purposes.
- That it has not been pledged, sold, or transferred to another.
- For banks or financial instruments: a promise to indemnify the bank or institution against any claims arising from the lost item.
Purpose clause
- Statement that the affidavit is executed to report the loss and to support the request for replacement, cancellation, or issuance of a new document.
Signature and jurat
- Affiant’s signature.
- The jurat (notarial portion) stating that the affiant personally appeared, presented a valid ID, swore under oath, and signed in the notary’s presence.

VIII. Special Situations

1. Lost Government IDs or Licenses

For most government IDs, you will typically need:

Affidavit of Loss
ID photocopy (if available)
Police or barangay blotter (sometimes, especially for IDs prone to misuse)
Filled-out replacement form of the agency
Payment of replacement fees

Some agencies will give you a template or specific wording they require for the affidavit.

2. Lost Bank Instruments

For banks, Affidavits of Loss are more sensitive, especially for:

Passbooks
Checkbooks
Cashier’s checks or manager’s checks
Certificates of time deposit

The bank may require:

A specific form or standard wording to protect both you and the bank;
Additional indemnity clauses;
A waiting or publication period before issuing a replacement, especially with checks or negotiable instruments.

3. Lost Land Titles or Important Property Documents

For lost land titles and certain registrable documents, an Affidavit of Loss is often just the first step. You may also need to:

File additional petitions or court actions;
Publish notices in newspapers;
Follow procedures of the Registry of Deeds or relevant registry.

Because of the high risk of fraud, these cases often require legal assistance from a lawyer.

IX. Common Questions

1. Is an Affidavit of Loss enough to get a replacement? Not always. Many agencies require both an Affidavit of Loss and other requirements (forms, IDs, fees, supporting documents). The affidavit is usually just part of a larger process.

2. Can I make my own Affidavit of Loss? Yes. You can draft it yourself as long as it contains the necessary information. But it must still be sworn and notarized (or sworn before an authorized officer) to have full legal effect. Many people prefer law offices or notary desks to avoid mistakes.

3. Can I use the same Affidavit of Loss for multiple agencies? Sometimes. For example, if you lost a single ID, one affidavit may suffice for several institutions, as long as the contents and purpose clause are broad enough. However, some agencies require their own format or a separate affidavit.

4. What if I find the document after executing an Affidavit of Loss? You should notify the institution to which you submitted the affidavit (e.g., bank, agency). Continuing to use the “lost” document or failing to disclose its recovery can create legal problems, especially if a replacement was already issued.

5. What if the statements in my affidavit are false? Knowingly making a false statement under oath can be a basis for perjury and other criminal or administrative liabilities. You are expected to be truthful and accurate.

X. Practical Tips

For Individuals

Gather details of the lost item before going to a notary (numbers, issuing office, dates).
Verify requirements with the agency or institution where you will use the affidavit.
Keep photocopies or digital images of important documents; they are helpful if lost.
For theft or robbery, consider filing a blotter (police or barangay), especially if the item can be used for identity theft or fraud.

For Employers and Institutions

Maintain standard templates for common losses (company IDs, documents) to ensure consistency.
Clearly inform employees or clients of the exact wording or requirements of the affidavit you need from them.
Coordinate with a reliable notary public for efficient processing of multiple affidavits.

XI. Conclusion

An Affidavit of Loss is a fundamental legal tool in the Philippines, functioning as a formal, sworn declaration that a specific document or item has been lost. It is widely required by government agencies, banks, schools, and private entities as a starting point for replacement, cancellation, or verification.

You can obtain an Affidavit of Loss by going to:

A notary public or law office,
Notarial services in malls and commercial centers,
Barangay halls (for some certifications),
Government offices or banks that provide their own forms,
Philippine embassies and consulates if you are abroad, and
Where allowed, online or remote notarization services.

Ultimately, while the document is easy to obtain, it carries significant legal weight because it is made under oath. It must be used honestly and carefully, and tailored to the specific requirements of the institution where it will be submitted.