Can a Property Owner Tow an Illegally Parked Vehicle in the Philippines?## Quick answer

Yes, in principle—but a minor may not always be allowed to execute the affidavit alone.

Philippine law does not automatically disqualify everyone below 18 from making a sworn statement. An affidavit of loss ordinarily records facts: what was lost, when and how the loss was discovered, and what efforts were made to find or report the item. It is generally not a contract.

For the affidavit to be properly notarized, however, the minor must be able to understand the statement and the consequences of signing under oath, act voluntarily, establish identity, personally appear before the notary, and sign in the notary’s presence. The receiving school, bank, government agency, or other institution may instead require an affidavit from a parent, legal guardian, or authorized adult—or require both the minor and the adult to sign.

The safest first step is to ask the receiving institution whose affidavit it requires before preparing or notarizing anything.

Why being below 18 does not create an automatic ban

Under Republic Act No. 6809, majority generally begins at 18. The Civil Code recognizes that minority restricts a person’s capacity to act.

That restriction matters greatly when a document creates contractual obligations, waives rights, disposes of property, admits liability, or authorizes a transaction. But a straightforward affidavit of loss usually serves a narrower purpose: it places the affiant’s factual account under oath.

The 2004 Rules on Notarial Practice contain no blanket rule that every person below 18 is incapable of appearing as an affiant. Instead, the notary must examine the particular signatory and the proposed transaction.

A notary must refuse notarization when, among other reasons, the signatory’s demeanor creates reasonable doubt about the signatory’s knowledge of the consequences of the transaction or the signatory is not acting freely. A very young child—or a child who cannot understand the affidavit, recall the relevant events, or appreciate the duty to tell the truth—should not be made to execute it merely because the child’s name appears on the lost item.

Who should sign?

The proper affiant depends on the minor’s maturity, who personally knows the facts, and the receiving institution’s rules.

Situation	Usually the safer approach
The minor understands the events and oath, can identify the lost item, and the recipient accepts the minor’s affidavit	The minor may execute the affidavit, normally with a parent or guardian present
The child is too young or cannot adequately understand the affidavit	A parent or legal guardian should execute an affidavit based on facts personally known to that adult
The recipient expressly requires a parent’s, guardian’s, or authorized adult’s affidavit	Follow that requirement even if the minor could narrate the loss
The minor witnessed the loss, but the parent handled the search, police report, blocking, or replacement request	Consider a joint affidavit or separate affidavits so each person swears only to facts personally known
The document includes a waiver, indemnity, undertaking, settlement, transfer, or admission of liability	Obtain the institution’s prescribed form and legal advice; a simple affidavit of loss may no longer be sufficient

A parent should not sign the child’s name or make it appear that the child personally swore to the affidavit. If the parent is the affiant, the document should say so clearly and explain the parent’s relationship to the minor.

The parent must also distinguish personal knowledge from information received from the child. For example: “My child informed me that…” is more accurate than presenting an unwitnessed event as something the parent personally saw.

The receiving institution’s rules still control

A properly notarized affidavit is not a guarantee that the receiving institution will accept it. The issuer or custodian of the lost item may prescribe:

Its own affidavit or declaration form;
A particular affiant, such as a parent or legal guardian;
The minor’s personal appearance;
Proof of parental authority, guardianship, custody, or authorization;
A police or incident report;
Identification documents;
A replacement fee;
A filing deadline or a requirement that the affidavit be recently executed; or
Additional procedures for blocking, cancellation, or replacement.

For example, passport procedures for minors may require the accompanying parent or authorized adult to execute the affidavit. A current DFA overseas checklist for replacement of a minor’s lost passport follows that approach. Passport applicants should confirm the requirements of the DFA office or Philippine foreign service post that will actually process the application, because supporting documents and local procedures may differ.

Schools, banks, e-wallet providers, insurers, transport-card issuers, and government agencies may likewise have their own rules. Notarization cannot override those rules.

What the affidavit should contain

Use the recipient’s official form if one is provided. Otherwise, a careful affidavit of loss normally identifies:

The affiant’s full name, age, citizenship, and address;
If the affiant is the parent or guardian, the minor’s full name and the basis of the adult’s authority or relationship;
A precise description of the lost item or document, including its identifying number when known;
Who owned, held, or was authorized to use the item;
When and where it was last seen;
When, where, and how the loss was discovered;
The circumstances of the loss, without guessing or exaggerating;
Reasonable efforts made to locate the item;
Reports made to the issuer, police, school, bank, or other relevant office;
Any blocking or security measures already taken;
The purpose for executing the affidavit, such as cancellation or replacement; and
A statement that the facts are true based on the affiant’s personal knowledge, or a clear identification of facts learned from another person.

Avoid unnecessary personal data. Do not place PINs, passwords, one-time passwords, account balances, or unrelated sensitive information in the affidavit.

Statements such as “the document was not confiscated, pledged, transferred, or used unlawfully” should be included only if they are true and relevant. A template is not a license to swear to facts the affiant does not know.

Identification and notarization requirements

For a traditional paper affidavit, the person who is actually swearing to it must personally appear before a duly commissioned notary public. A jurat generally requires the affiant to:

Present the document to the notary;
Be personally known to the notary or establish identity through competent evidence permitted by the notarial rules;
Sign the document in the notary’s presence; and
Take an oath or affirmation concerning the document.

Do not sign a paper affidavit requiring a jurat before meeting the notary.

Because some minors do not have standard government identification, contact the notary beforehand. Bring whatever the notary and receiving institution require, which may include the minor’s current identification, birth certificate or other proof of filiation, the parent’s valid identification, and proof of guardianship or authorization. A birth certificate can help establish age and relationship, but it does not necessarily satisfy every requirement for identifying the person appearing before the notary.

The notary may use the credible-witness method allowed by the Rules when its requirements are met. Do not arrive with informal witnesses and assume they will qualify; ask the notary in advance.

Electronic notarization is also legally recognized when performed by a commissioned Electronic Notary Public through a Supreme Court-accredited electronic notarization facility. It is not the same as sending a document to an ordinary notary over email or joining an informal video call. The Supreme Court’s eNotarization guidance explains the authorized process. Confirm that the receiving institution accepts an electronically notarized affidavit before using this option.

Practical steps for the minor and parent

Contact the issuer immediately. Ask whose affidavit is required, whether there is a prescribed form, and what supporting documents, reports, fees, and deadlines apply.
Protect against misuse. Block or report lost bank cards, account devices, SIM-related credentials, access cards, passports, and government IDs through the issuer’s official channels.
Report theft or suspicious loss. If theft, fraud, coercion, or unauthorized use may be involved, promptly report the matter to the police and the issuer. Obtain a reference number or copy of the report.
Choose the correct affiant. Use the person who understands the oath and can truthfully establish the material facts. Follow any express requirement that a parent, guardian, or authorized adult sign.
Prepare supporting documents. Gather identification, proof of filiation or guardianship, a copy or photograph of the lost item if available, account or document details, and records of prior reports.
Review every statement. Correct uncertain dates, unexplained inconsistencies, and claims not supported by personal knowledge. Use “approximately” or explain why an exact detail is unknown when appropriate.
Appear before the proper notary. Do not use a blank, incomplete, pre-notarized, or falsely dated document.
Submit through the recipient’s official channel. Keep a complete copy of the signed affidavit, its attachments, proof of submission, and the replacement or case reference number.

Evidence to preserve

Keep copies or screenshots of:

The front and back of the lost item, if previously photographed;
Receipts, issuance records, school records, or account statements showing the item’s identifying details;
Emails, text messages, and official acknowledgment notices;
Blocking, cancellation, or replacement reference numbers;
Police, barangay, security-office, or school incident reports;
CCTV requests or relevant photographs;
A written timeline of when the item was last seen and when the loss was discovered;
Names and contact details of witnesses; and
The notarized affidavit and everything submitted with it.

Preserve original electronic files where possible. Avoid publicly posting unredacted copies of the lost document, particularly if they reveal signatures, addresses, birth dates, document numbers, or account information.

Common mistakes to avoid

Assuming that any minor can sign simply because the child can write a name;
Assuming that no minor can ever make an affidavit;
Preparing the affidavit before checking the recipient’s required affiant and form;
Letting the parent sign the minor’s name;
Having a parent swear to events the parent did not witness without identifying the source of the information;
Signing a jurat before appearing before the notary;
Using an expired, altered, blank, or incomplete document;
Treating notarization as proof that every statement is true;
Believing the affidavit automatically cancels or replaces the lost item;
Failing to block a card, account, credential, or access device while waiting for notarization;
Inventing an exact date, location, document number, or circumstance when it is genuinely unknown; and
Copying broad waivers, admissions, or indemnity clauses from an online template.

Knowingly making an untruthful material statement under oath can raise serious legal issues, including perjury under Republic Act No. 11594. Criminal responsibility involving a child is separately governed by the child-protective rules in Republic Act No. 9344, as amended, including rules based on age and discernment. Those protections are not a reason to include false information.

Is there a deadline or expiration period?

There is no single nationwide deadline or automatic expiration period for every affidavit of loss. The applicable deadline and acceptable age of the affidavit depend on the lost item and the receiving institution’s rules.

Act promptly even when no express deadline is stated. Delay can increase the risk of unauthorized use, make the facts harder to verify, and cause an institution to request a newly executed affidavit or a written explanation for the delay.

An affidavit also does not remain conclusive if circumstances change. If the supposedly lost item is recovered, notify the issuer before using it. An ID, card, passport, or credential already reported lost may have been cancelled and may no longer be valid.

When legal help is urgent

Seek prompt advice from a Philippine lawyer, the Public Attorney’s Office if eligible, or the appropriate government agency when:

The affidavit includes a waiver, settlement, admission of wrongdoing, indemnity, transfer, or financial undertaking;
The lost item concerns land ownership, negotiable instruments, securities, substantial funds, or evidence in a case;
Someone may have stolen, forged, sold, pledged, or unlawfully used the item;
The institution rejects the affidavit because of custody, guardianship, filiation, or authority disputes;
The minor is being pressured to sign or does not understand the document;
The loss is connected with abuse, exploitation, trafficking, identity theft, or threats;
A court, administrative, contractual, or travel deadline is approaching; or
The facts stated in an earlier affidavit were materially incorrect.

If the child’s safety may be at risk, prioritize contacting law enforcement, the local social welfare and development office, or another appropriate child-protection authority rather than focusing only on document replacement.

Frequently asked questions

Can a 17-year-old execute the affidavit personally?

Potentially, yes. A 17-year-old who understands the facts, the oath, and the consequences of signing may be able to execute it. The notary must still be satisfied with the child’s identity, understanding, and voluntary participation, and the receiving institution may require a parent or guardian instead.

Can a very young child execute one?

Usually, a parent or guardian is the more appropriate affiant. The decisive concern is not handwriting ability but whether the child can understand the affidavit and oath and provide a reliable account. The receiving institution’s requirements must also be followed.

Can the parent sign “for” the minor?

The parent should generally sign as the parent’s own affidavit, not imitate or substitute the child’s signature. The document should clearly identify the parent as the affiant and state the basis of the parent’s knowledge and authority. If representative signing is proposed, confirm the required wording and authority with the institution and notary.

Must the minor accompany the parent?

That depends on the issuer’s procedure and whether the minor is also an affiant. If the minor is swearing to or signing the affidavit, personal appearance before the notary is required. Even when only the parent signs, the receiving institution may require the minor’s appearance for identification or replacement processing.

Is a police report always necessary?

No. There is no universal police-report requirement for every lost item. It may be mandatory under the issuer’s rules or especially important when the item was stolen, fraudulently used, or lost under suspicious circumstances.

Is notarization always required?

If the recipient asks for an “affidavit,” it ordinarily expects a statement made under oath with a proper jurat. A simple signed letter or unsworn declaration is different. Confirm the required document with the recipient.

Does notarization prove that the loss really occurred?

No. The notary verifies the required notarial acts, including appearance, identification, signing, and oath. Notarization does not independently investigate or guarantee the truth of the account, ownership of the item, or entitlement to a replacement.

Can the same affidavit be used for several lost items?

Only if each recipient accepts it and every item and material circumstance is accurately identified. Separate affidavits are often clearer when different issuers, account holders, loss circumstances, or supporting requirements are involved.

This article provides general Philippine legal information, not legal advice for a particular child, document, or dispute. Institutional requirements and the correct affiant depend on the facts and the receiving office’s current rules. Official sources and procedures were checked as of July 20, 2026.