Affidavits for Theft Reports in the Philippines: Police Report vs. Notarized Statement

Philippine legal context • Practical, step-by-step guide • For victims, HR/compliance officers, and counsel

This article explains how police reports and notarized affidavits work together when you report theft in the Philippines—what each document does, when each is required, what “counts” for prosecutors and courts, and how to prepare and use them properly. It also covers related affidavits (loss, ownership, desistance), common pitfalls, and templates you can adapt.

The short version

A police report (aka blotter/incident or spot report) records that you reported a crime and starts police action. It’s essential for investigations and is commonly required by insurers, banks, and telcos.
A notarized affidavit (your sworn narrative) is your evidence. For criminal prosecution, your complaint-affidavit and witness affidavits—subscribed under oath—are the primary basis for finding probable cause.
They’re not substitutes. In practice, you usually need both: (1) police report to document and trigger investigation; (2) complaint-affidavit (and supporting affidavits) to prosecute.

Key concepts and definitions

Theft (basic)

Taking personal property of another without consent and with intent to gain. (Robbery involves violence/intimidation or force upon things; employee/entrusted-property cases may be qualified theft.)
Penalties depend on the value of the property and circumstances (e.g., abuse of confidence). The exact penalty bands are set by law; prosecutors will ask you to prove value (receipts, invoices, or owner valuation).

Police blotter/report vs. sworn statement/affidavit

Police blotter/incident report: An official log entry and/or narrative report made by police after you report an incident. It proves you reported at a certain date/time and summarizes the facts.
Sworn statement / affidavit: Your first-person, under-oath account. If you’re filing a criminal case, this becomes a complaint-affidavit (with attachments and witness affidavits), submitted to the prosecutor (or to the inquest prosecutor if the suspect was arrested).

“Notarized” vs. “Subscribed before a prosecutor”

Any affidavit must be under oath. For preliminary investigation, practice requires that affidavits be subscribed and sworn before a prosecutor or other authorized public officer who certifies that the affiant personally appeared, was examined, and understood the contents.
Notarization makes your affidavit a public document with formalities (identity verification, jurat/acknowledgment). Many prosecutors still require you to swear/affirm the same affidavit before them during filing, even if it was notarized earlier. Bring valid ID.

When each document is needed (at a glance)

Goal / Scenario	Police report	Notarized affidavit (under oath)	Notes
Start police action (record incident, request CCTV retrieval/scene visit)	Required in practice	Helpful	Report ASAP; get reference/IRF number.
File criminal charges (no arrest)	Useful background	Required (complaint-affidavit + witness affidavits + proof of value/ownership)	Affidavits are typically subscribed before a prosecutor at filing.
Inquest (suspect arrested without warrant)	Part of case folder	Required (victim/witness sworn statements taken and affirmed before inquest prosecutor)	You’ll be asked to affirm your affidavit.
Insurance / credit card charge dispute / telco SIM & device blocking	Usually required	Often required (affidavit of loss/theft; proof of ownership)	Check the specific provider’s checklist.
Company HR/administrative action (employee theft)	Strongly recommended	Required for internal proceedings (incident report & affidavits)	Also preserve inventory/shortage reports, CCTV, chain of custody.
Civil claim for damages	Helpful	Required (affidavits & exhibits at pre-trial/judicial affidavit stage)	Civil action is generally impliedly instituted with the criminal case unless waived/reserved.

How the process usually unfolds

Report immediately to the police.
- Go to the nearest station where the theft occurred (or where discovered).
- Bring ID and a concise summary (who/what/when/where/how; estimated value; serial/IMEI if any).
- Ask for a blotter/incident report and get the reference number. Request a certified copy for insurers/banks.
Preserve and gather evidence.
- Receipts, serial numbers, ownership proof, photos, GPS/Find-My logs, access logs, door/CCTV footage (write to establishments promptly to preserve copies), witness names and contacts.
- For employee theft, secure inventory sheets, audit reports, hand-receipt/turnover forms, and access records.
Draft your complaint-affidavit.
- See template below. Include: identity, capacity (owner/custodian), detailed timeline, specific acts of the suspect (if known), identification basis (how you know it’s them), property description and value, and efforts to recover. Attach evidence with labels (Annex “A,” “B,” etc.).
- Prepare witness affidavits and special affidavits where relevant: Affidavit of Ownership & Value, Affidavit of Loss/Theft, Affidavit of Custody of Evidence (who handled CCTV/phone, when, how).
File with the prosecutor (no arrest) or appear for inquest (with arrest).
- Bring multiple sets (usually one original + copies per respondent + one for the prosecutor’s office).
- Be ready to subscribe/affirm your affidavit before the prosecutor (even if already notarized). Bring government-issued ID.
- Expect a counter-affidavit from the respondent; you may file a reply-affidavit if allowed.
Follow up with investigators.
- Provide additional evidence when obtained (CCTV, device location hits, recovery receipts).
- If property is recovered, execute an Affidavit of Recovery and coordinate release/turnover.

Evidentiary value & common misconceptions

A police report proves reporting, not necessarily the truth of every detail. It documents that an incident was reported to police on a certain date/time. The substantive proof usually comes from the sworn testimony of the victim and witnesses via affidavits and in court.
A notarized affidavit is not “automatically enough” to convict; the affiant typically must be available for cross-examination at trial (Judicial Affidavit Rule).
Value matters. Penalties scale with the value of the stolen property and certain qualifying circumstances. Prosecutors often require receipts or valuation; if unavailable, state how you determined value and attach corroboration (price quotes, prior appraisals, payroll cost, etc.).
Barangay mediation (Katarungang Pambarangay): Some low-level offenses between residents of the same barangay normally go through barangay mediation first, but many theft cases do not (e.g., higher penalty thresholds, different barangays/cities, corporate parties). If unsure, ask the barangay for a Certification to File Action—it’s quick when inapplicable.
Affidavit of Desistance: If parties “settle,” a victim may execute this to express disinterest in pursuing the case. It does not automatically extinguish criminal liability; dismissal depends on the prosecutor/court and the remaining evidence.

Practical checklists

Evidence to attach (as Annexes)

Proof of identity and ownership (receipts, OR/CR for vehicles, warranty cards, photos showing possession)
Valuation (purchase receipt; if none, price quotes/appraisal; inventory cost)
CCTV stills/video (with Affidavit of Custody stating how it was obtained and preserved)
Device identifiers (IMEI/serial/MAC) and tracking logs (screenshots with timestamps)
Communications (demand letters, admissions, chat/email exchanges)
Police report copy and reference/IRF number
Witness affidavits with contact details

Formatting & filing tips

Use clear, chronological paragraphs; avoid conclusions (“he’s a thief”)—state facts you personally perceived.
Number paragraphs. Label exhibits consistently.
Sign every page (margin initials) and exhibit tabs.
Bring originals of key documents for prosecutor’s comparison.
Personal appearance is required for swearing/affirming; bring valid ID.

Special situations

Employee/entrusted property (qualified theft): Include custodial role, company policies, last seen in good order, audit variance sheets, access logs, and any admissions.
Unknown suspect: You can still file, identifying the suspect as John/Jane Doe; focus on property description, circumstances, and leads (CCTV, device pings, fence/marketplace listings).
Minors as respondents: Procedures under the Juvenile Justice and Welfare law apply (diversion/DSWD involvement). The case still starts with police report + affidavits.
Phones & SIMs: Report IMEI/SIM to telco for blocking; most providers ask for the police report plus an affidavit of loss/theft and proof of ownership.
Vehicles: Report to police and LTO; if insured, notify your insurer promptly and follow their theft-claim checklist.

Templates (fill-in forms)

Replace bracketed text. Keep to 2–4 pages of facts; move documents to Annexes.

1) Complaint-Affidavit for Theft

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF _______ ) S.S.

COMPLAINT-AFFIDAVIT

I, [Full Name], of legal age, [civil status], [citizenship], with address at [address], after being duly sworn, state:

1. I am the [owner/custodian] of [describe property: brand/model/serial/IMEI, distinctive marks], valued at approximately ₱[amount] (see Annex “A”: proof of ownership/value).

2. On [date] at around [time], at [exact location], the following occurred: [state facts in chronological order; what you saw/heard; who was present].

3. [If suspect known] I identify the respondent [Full Name, details] because [basis of identification: I personally saw..., CCTV stills Annex “B” show..., he admitted via message Annex “C”, etc.].

4. I did not give consent to take the property. I immediately [reported to the police under IRF/Blotter No. ___; see Annex “D”], attempted to locate/recover [describe efforts], and obtained [CCTV/device logs—Annex “E”].

5. The loss caused me [describe consequences]. I request the filing of appropriate charges for theft [or qualified theft], and the issuance of subpoenas to secure [CCTV, records] as necessary.

6. I attest that the foregoing facts are true and based on my personal knowledge and/or authentic records.

Attached are Annexes “A” to “__”.

[Signature over Printed Name]
Affiant
Gov’t ID No.: [ID details]

JURAT

SUBSCRIBED AND SWORN to before me this ___ day of ______, 20__, in [City/Municipality], the affiant having personally appeared and shown competent evidence of identity as indicated above, and I have personally examined the affiant who understood and voluntarily executed this affidavit.

[Name and designation of administering officer: Prosecutor / Authorized Officer / Notary Public]

2) Affidavit of Ownership & Value (supporting)

I, [Name], state that I purchased/own [property] on [date] for ₱[amount] from [store], as evidenced by [receipt/invoice Annex “A”]. If no receipt: I state its fair market value is ₱[amount] based on [price quotes/appraisal Annex “B”].

3) Affidavit of Custody of CCTV/Device Logs

I, [Name/Position], custodian of [CCTV system/device], state that on [date/time] I extracted footage/logs covering [period] using [method]. The files were saved to [media] labeled [hash/checksum if available], and have been under my custody since extraction.

4) Affidavit of Loss/Theft (for admin/insurance use)

I, [Name], state that on [date/time] at [place], my [item] was lost due to [theft/loss circumstances]. It has not been recovered as of this date. I reported the incident to [Station] under [IRF/Blotter No.]. This affidavit is for [insurer/bank/telco] processing.

Tip: If you already notarized these, still be ready to affirm them before the prosecutor at filing/inquest.

Frequent questions

Is a police report enough to file a case? Not by itself. Prosecutors ordinarily require complaint-affidavits under oath (plus evidence). The police report supports—but doesn’t replace—your sworn testimony and exhibits.

Is notarization mandatory? For prosecution, what’s crucial is that your affidavits are under oath and properly subscribed before an authorized officer—commonly the prosecutor at filing. Prior notarization is fine for administrative uses (insurers, HR), but you’ll still personally appear to affirm before the prosecutor.

What if I don’t know the thief? File anyway. Focus on facts, description, and leads (CCTV, marketplace listings, device pings). Investigators can subpoena footage and records.

What if we settled and property was returned? You may execute an Affidavit of Desistance, but dismissal is not automatic; the prosecutor/court decides based on the remaining evidence and public interest.

How soon should I report? Immediately. Early reporting improves CCTV preservation and recovery odds, and many institutions time-limit claims.

Common pitfalls to avoid

Submitting conclusory statements (“he stole it”) instead of specific acts you perceived.
Failing to prove value/ownership (penalties hinge on value).
Not preserving CCTV quickly; many systems overwrite within days.
Relying on hearsay (e.g., “someone told me”); if crucial, get that person’s own affidavit.
Sending only photocopies; bring originals for comparison at filing.
Skipping personal appearance to swear/affirm before the prosecutor.

Quick prep kit (what to bring)

Valid ID
Police report number/copy
Draft affidavits (victim, witnesses, ownership/value, custody)
Annexes: receipts, photos, serial/IMEI, logs, CCTV stills/video
USB/drive with digital evidence (plus printed stills)
Contact list of witnesses and establishments with CCTV

Final notes & disclaimers

This guide is general information, not legal advice. Application can vary by office/city and by the facts of your case.
If the property value/circumstances are complex (e.g., employee embezzlement, multiple incidents, corporate records), consult counsel or PAO (if you qualify) for assistance with drafting and filing.
Keep copies of everything you submit, and record dates, names, and offices where you filed or followed up.

If you want, I can adapt the templates to your facts (names, dates, property list, annex labels) so you can print and use them immediately.