Introduction

An Affidavit of Loss is a common legal document in the Philippines. It is usually required when a person loses an important document, identification card, certificate, title, receipt, passbook, license, or similar item. The affidavit explains what was lost, how it was lost, when and where the loss was discovered, and confirms that the item has not been transferred, pledged, surrendered, or used for an unlawful purpose.

A frequent practical question arises when the owner of the lost document or property is abroad, ill, unavailable, detained, incapacitated, or otherwise unable to personally appear before a notary public: Can an attorney-in-fact execute an Affidavit of Loss on behalf of the principal?

In the Philippine setting, the answer is: yes, in proper cases, an attorney-in-fact may execute an affidavit concerning the loss, but the validity and usefulness of that affidavit depend heavily on the scope of authority granted in the Special Power of Attorney, the facts personally known to the attorney-in-fact, and the requirements of the office, bank, agency, court, or institution where the affidavit will be submitted.

An attorney-in-fact cannot simply “swear” to facts that are exclusively within the principal’s personal knowledge unless the attorney-in-fact can properly state the basis of the information. Because an affidavit is a sworn statement, the person signing it must be careful to distinguish between facts personally known to him or her and facts learned from the principal or from records.

What Is an Attorney-in-Fact?

An attorney-in-fact is a person authorized by another person, called the principal, to act on the principal’s behalf. This authority is usually contained in a Special Power of Attorney, commonly called an SPA.

Despite the phrase “attorney-in-fact,” the person does not need to be a lawyer. A relative, employee, trusted friend, corporate officer, liaison officer, or representative may be appointed as attorney-in-fact, provided the appointment is valid and sufficiently specific.

In the Philippines, an SPA is commonly used when the principal cannot personally transact with a government office, private company, bank, school, registry, court, or other institution. It may authorize the attorney-in-fact to request certified true copies, file applications, receive documents, sign forms, claim replacements, transact with banks, or perform other specified acts.

What Is an Affidavit of Loss?

An Affidavit of Loss is a written and sworn declaration stating that a particular document, instrument, card, certificate, or property was lost. It is usually notarized and submitted to the institution that issued the lost item or has authority over its replacement.

A typical Affidavit of Loss contains the following:

The identity of the affiant;
A description of the lost item;
The circumstances of the loss;
The date or approximate date when the loss occurred or was discovered;
A statement that diligent efforts were made to locate the item;
A statement that the item has not been sold, assigned, transferred, pledged, encumbered, confiscated, surrendered, or used unlawfully;
The purpose of the affidavit, such as requesting replacement, cancellation, annotation, reissuance, or issuance of a duplicate copy.

Examples of documents or items commonly covered by an Affidavit of Loss include:

Driver’s license;
Passport;
Company ID;
School ID;
PRC ID;
ATM card;
Bank passbook;
Stock certificate;
Owner’s duplicate certificate of title;
Certificate of registration;
Official receipt;
Insurance policy;
Land title-related documents;
Tax declarations;
Receipts;
Deeds;
Voter’s ID or registration documents;
Professional or membership cards;
Corporate records;
Certificates issued by government agencies.

The General Rule: The Affiant Must Swear to Facts Within Personal Knowledge

An affidavit is not merely a form. It is a sworn statement. The affiant declares under oath that the contents are true and correct based on personal knowledge, authentic records, or competent information.

Because of this, the ideal affiant in an Affidavit of Loss is usually the person who actually lost the item or who personally knows the facts surrounding the loss. For example, if a person lost his passport while traveling, he is the best person to execute the affidavit because he knows where he kept it, when he last saw it, how he discovered the loss, and what efforts he made to find it.

However, practical realities often make personal execution difficult. The principal may be overseas, bedridden, elderly, detained, working in another province, or otherwise unavailable. In those situations, a representative may need to act.

Can an Attorney-in-Fact Execute the Affidavit?

Yes. An attorney-in-fact may execute an Affidavit of Loss in the Philippines if properly authorized and if the affidavit is carefully drafted.

However, the affidavit should not falsely suggest that the attorney-in-fact personally lost the item if that is not true. The affidavit should clearly state that the affiant is executing the affidavit as attorney-in-fact of the principal and by authority of a valid SPA.

The safer phrasing is not:

“I lost my owner’s duplicate certificate of title…”

if the attorney-in-fact did not personally lose it.

Instead, it may state:

“I am the duly appointed attorney-in-fact of [name of principal] by virtue of a Special Power of Attorney dated [date]. Based on the information provided to me by the principal and the records made available to me, the principal’s [document/item] appears to have been lost…”

Or, if the attorney-in-fact personally knows the facts:

“I personally had custody of the said document, and despite diligent efforts to locate it, the same can no longer be found…”

The legal acceptability of the affidavit often depends on whether the attorney-in-fact is swearing to facts personally known to him or her, or merely relaying information from the principal.

Importance of the Special Power of Attorney

The SPA is crucial. The attorney-in-fact’s authority must be clear enough to cover the intended act.

A general authorization “to transact business” may not always be sufficient, especially when the lost item is important, valuable, or regulated. A well-drafted SPA should expressly authorize the attorney-in-fact to do some or all of the following:

Execute, sign, and notarize an Affidavit of Loss;
Report the loss of the document or item;
Request cancellation, annotation, replacement, reissuance, or issuance of a duplicate;
Submit documents to the relevant government agency, bank, corporation, registry, school, or office;
Receive the replacement document or item;
Sign forms, undertakings, certifications, applications, and related documents;
Pay lawful fees;
Represent the principal in all related proceedings or transactions.

For sensitive documents, the SPA should be even more specific. This is especially true for land titles, bank documents, negotiable instruments, stock certificates, passports, licenses, and documents involving property rights.

Special Power of Attorney vs. General Power of Attorney

A General Power of Attorney gives broad authority to perform ordinary acts of administration. However, some acts require special authority. In practice, many Philippine government agencies, banks, registries, and private institutions prefer or require an SPA for transactions involving loss, replacement, cancellation, transfer, or reissuance of important documents.

For an Affidavit of Loss, a General Power of Attorney may sometimes be accepted for simple matters, but it is safer to use an SPA that specifically mentions the lost document and the authority to execute an affidavit.

A specific SPA reduces the risk that the receiving office will reject the affidavit for lack of authority.

When the Attorney-in-Fact Has Personal Knowledge

The attorney-in-fact may validly execute the Affidavit of Loss when he or she personally knows the facts of the loss. This often happens when:

The attorney-in-fact had custody of the lost document;
The principal entrusted the document to the attorney-in-fact;
The attorney-in-fact personally searched for the document;
The loss occurred while the attorney-in-fact was handling the transaction;
The attorney-in-fact was the person who discovered the loss;
The attorney-in-fact is a corporate officer or employee responsible for the document;
The attorney-in-fact manages the principal’s records or property.

In these cases, the affidavit may be stronger because the attorney-in-fact can swear from personal knowledge.

For example:

“The owner’s duplicate certificate of title was entrusted to me for safekeeping. After diligent search among my files, records, and storage areas, I could no longer locate the same. To the best of my knowledge, it has not been sold, assigned, transferred, pledged, or delivered to any person.”

This is more reliable than a statement based only on hearsay.

When the Attorney-in-Fact Does Not Have Personal Knowledge

If the attorney-in-fact does not personally know the circumstances of the loss, the affidavit should be drafted with care. The attorney-in-fact should not pretend to know facts that only the principal knows.

Instead, the affidavit may state that the attorney-in-fact is relying on information provided by the principal, records, correspondence, or documents. However, some offices may reject this kind of affidavit and require the principal to personally execute the Affidavit of Loss.

For example, an affidavit may state:

“I am executing this affidavit in my capacity as attorney-in-fact of [principal], and based on the written instructions and information provided to me by the principal, the said document has been lost and can no longer be located despite diligent search.”

This wording is more honest, but it may be less persuasive than an affidavit executed directly by the principal.

Can the Principal Execute the Affidavit Abroad?

Yes. If the principal is abroad, the preferred option in many cases is for the principal to execute the Affidavit of Loss in the foreign country and have it notarized or acknowledged in a manner acceptable for use in the Philippines.

Depending on the country and the intended use, the document may need to be:

Consularized by a Philippine Embassy or Consulate; or
Apostilled, if executed in a country that is part of the Apostille system and the document is for use in the Philippines.

This may be more acceptable to Philippine offices because the principal personally swears to the facts of the loss.

However, if speed, distance, health, cost, or urgency makes this difficult, an attorney-in-fact may be used, subject to the limitations discussed in this article.

Affidavit of Loss for Land Titles

Special care is required when the lost document is an owner’s duplicate certificate of title. Land titles are highly sensitive documents. The loss of an owner’s duplicate certificate of title may involve court proceedings, notices, publication, registry requirements, and strict evidentiary standards.

In many cases, the Registry of Deeds or the court may require a detailed affidavit and supporting documents. If an attorney-in-fact executes the affidavit, the SPA should expressly authorize the representative to report the loss, execute affidavits, file petitions, appear in proceedings, request issuance of a new owner’s duplicate certificate, and perform all related acts.

However, because land title replacement can affect property rights, some courts or offices may prefer, or effectively require, a sworn statement from the registered owner, especially on facts relating to custody, loss, non-transfer, and absence of encumbrance.

For land title matters, the affidavit should avoid vague statements. It should specify:

The title number;
Registered owner;
Property location;
Whether the lost item is the owner’s duplicate certificate;
Who had custody;
When it was last seen;
How the loss was discovered;
What efforts were made to locate it;
Whether it was ever sold, mortgaged, pledged, delivered, or surrendered;
The purpose of the affidavit.

Because of the risk of fraud, a poorly drafted affidavit signed only by an attorney-in-fact may be challenged or rejected.

Affidavit of Loss for Bank Documents

Banks are usually strict when dealing with lost passbooks, checkbooks, certificates of deposit, ATM cards, or other financial instruments. Even with an SPA, a bank may require the account holder to personally execute documents or may impose its own internal forms and verification procedures.

An attorney-in-fact may execute an Affidavit of Loss if the bank accepts it and the SPA is broad enough. However, the bank may still require:

Original or authenticated SPA;
Valid IDs of the principal and attorney-in-fact;
Specimen signatures;
Bank-specific forms;
Indemnity agreement;
Personal confirmation from the account holder;
Waiting period before replacement or release.

For bank-related losses, the attorney-in-fact should not assume that a notarized affidavit alone is sufficient. Bank policy often controls the practical outcome.

Affidavit of Loss for Government IDs and Licenses

For lost government IDs, licenses, permits, and certificates, agencies may allow a representative to submit documents if properly authorized. However, the agency may still require personal appearance for biometrics, photographs, signature capture, identity verification, or release.

Examples include replacement of licenses, IDs, registrations, or certificates. Even if the attorney-in-fact can execute or submit an Affidavit of Loss, the principal may still need to appear personally depending on the agency’s rules.

The SPA should specifically name the agency and the document involved.

Affidavit of Loss for Corporate Documents

For corporations, partnerships, associations, and other juridical entities, an Affidavit of Loss may be executed by an authorized officer or representative. The authority may come from:

Board resolution;
Secretary’s certificate;
Partnership authorization;
Corporate secretary certification;
SPA issued by the corporation through its authorized officers.

A corporate representative should state his or her position and authority. For example:

“I am the Corporate Secretary of [corporation], and I am authorized by the Board of Directors to execute this Affidavit of Loss on behalf of the corporation.”

For corporate documents, the affidavit should identify the corporation as the owner or holder of the lost document and attach the supporting authority when required.

Notarization Requirements

An Affidavit of Loss must usually be notarized. The affiant, whether principal or attorney-in-fact, must personally appear before the notary public, present competent evidence of identity, and sign the affidavit.

A notarized affidavit is a public document. The notary public is not merely stamping a paper; the notary verifies the personal appearance and identity of the affiant.

If the attorney-in-fact signs the affidavit, the notary should notarize the signature of the attorney-in-fact, not the absent principal. The jurat should reflect that the attorney-in-fact personally appeared and swore to the document.

The principal cannot be treated as having personally sworn before the notary if the principal did not appear.

Can an Attorney-in-Fact Sign the Principal’s Name?

As a rule, the attorney-in-fact should not simply sign the principal’s name as if the principal personally signed the affidavit. The proper form is for the attorney-in-fact to sign in a representative capacity.

For example:

[Name of Principal] By: [Name of Attorney-in-Fact] Attorney-in-Fact

Or:

[Name of Attorney-in-Fact] Attorney-in-Fact of [Name of Principal]

For affidavits, the cleaner approach is usually for the attorney-in-fact to be the affiant and state his or her authority in the body of the affidavit.

The affidavit should not create the false impression that the principal personally appeared before the notary if only the attorney-in-fact appeared.

Suggested Structure of an Affidavit of Loss by Attorney-in-Fact

An Affidavit of Loss executed by an attorney-in-fact may follow this structure:

Title: “Affidavit of Loss”
Identity of attorney-in-fact;
Statement of authority under the SPA;
Identification of the principal;
Description of the lost document or item;
Statement on custody and circumstances of loss;
Statement on efforts to locate the item;
Statement that the item has not been transferred, sold, pledged, surrendered, or unlawfully used;
Purpose of the affidavit;
Signature of attorney-in-fact;
Jurat before a notary public;
Attachment of SPA and IDs, if required.

Sample Clause: Attorney-in-Fact With Personal Knowledge

The affidavit may include language similar to this:

“I am the duly appointed attorney-in-fact of [Name of Principal] by virtue of a Special Power of Attorney dated [date], a copy of which is attached to this Affidavit. In such capacity, I was entrusted with custody of [describe document/item]. Despite diligent search among my files, records, and usual places of safekeeping, the said document can no longer be located and is considered lost.”

This is appropriate when the attorney-in-fact personally had custody of the item.

Sample Clause: Attorney-in-Fact Relying on Principal’s Information

If the attorney-in-fact does not have personal knowledge, the affidavit should be more cautious:

“I am executing this Affidavit in my capacity as attorney-in-fact of [Name of Principal] by virtue of a Special Power of Attorney dated [date]. Based on the information provided to me by the principal and the documents made available to me, the principal’s [describe document/item] has been lost and can no longer be located despite diligent efforts to find the same.”

This is more transparent, but it may not always be accepted by the receiving office.

Risks of an Improper Affidavit

An attorney-in-fact should not execute an Affidavit of Loss casually. False statements in an affidavit may expose the affiant to legal consequences. A notarized affidavit is a sworn document, and misrepresentations may have serious implications.

Potential risks include:

Rejection of the affidavit by the receiving office;
Delay in replacement or reissuance;
Administrative investigation;
Civil liability;
Criminal liability for false statements, perjury, falsification, or related offenses, depending on the circumstances;
Challenge by third parties;
Problems in later proceedings if the affidavit is inconsistent with actual facts.

The attorney-in-fact should therefore verify the facts as much as possible before signing.

Will Government Offices Accept It?

Acceptance depends on the office and the type of lost document. Some offices may accept an Affidavit of Loss signed by an attorney-in-fact if accompanied by a sufficient SPA. Others may require the principal to execute the affidavit personally.

The following factors may affect acceptance:

The value or importance of the lost document;
The risk of fraud;
Whether personal appearance is required;
Whether the attorney-in-fact had personal knowledge;
The wording of the SPA;
The wording of the affidavit;
The agency’s internal rules;
Whether the principal is abroad or unavailable;
Whether supporting documents are attached.

Thus, while Philippine practice allows representation through an attorney-in-fact in many situations, it is not safe to assume universal acceptance.

Documents Commonly Attached

When an attorney-in-fact executes an Affidavit of Loss, the following documents are commonly attached or presented:

Original or certified copy of the SPA;
Valid government ID of the principal;
Valid government ID of the attorney-in-fact;
Copy of the lost document, if available;
Police report, if required;
Proof of ownership or entitlement;
Board resolution or secretary’s certificate, for corporations;
Consularized or apostilled SPA, if executed abroad;
Agency-specific forms;
Authorization letter, if additionally required.

The exact requirements depend on the institution.

SPA Executed Abroad

If the principal is outside the Philippines and appoints an attorney-in-fact in the Philippines, the SPA should be executed in a form acceptable for use in the Philippines.

Usually, this means that the SPA must be notarized abroad and either apostilled or consularized, depending on the country and applicable procedure.

An SPA executed abroad without proper authentication may be rejected by Philippine offices.

Best Practices

To improve the chances that the affidavit will be accepted, the following best practices should be observed:

Use a specific SPA, not a vague general authority.
Identify the lost document or item clearly.
State that the attorney-in-fact is signing in a representative capacity.
Do not falsely claim personal knowledge.
Attach the SPA to the affidavit.
Attach copies of IDs and supporting documents.
Check the requirements of the receiving office before execution.
For important property documents, consult counsel.
For principals abroad, consider having the principal execute the affidavit personally before a proper foreign notary, consulate, or apostille authority.
Ensure that the notarial details correctly reflect who personally appeared before the notary.

Practical Answer

An attorney-in-fact can execute an Affidavit of Loss in the Philippines, but only within the limits of his or her authority and knowledge.

The strongest case is when:

There is a valid SPA;
The SPA expressly authorizes the execution of an Affidavit of Loss;
The attorney-in-fact personally knows the facts of the loss;
The affidavit clearly states the representative capacity;
The receiving office accepts representation.

The weaker case is when:

The SPA is vague;
The attorney-in-fact has no personal knowledge;
The affidavit is based only on hearsay;
The lost document is highly sensitive;
The office requires the principal’s personal affidavit.

In such cases, the receiving office may reject the affidavit and require the principal to execute the Affidavit of Loss personally.

Conclusion

In the Philippine legal and practical setting, an attorney-in-fact may execute an Affidavit of Loss on behalf of a principal, provided that the attorney-in-fact is duly authorized and the affidavit is truthful, properly worded, and notarized.

The key issue is not merely whether an attorney-in-fact can sign. The more important questions are:

Does the SPA specifically authorize the act?
Does the attorney-in-fact have personal knowledge of the loss?
Is the affidavit carefully drafted to avoid false statements?
Will the receiving office accept an affidavit signed by a representative?

For simple lost documents, an attorney-in-fact’s affidavit may be sufficient. For sensitive or valuable documents, such as land titles, bank instruments, or documents affecting ownership rights, stricter requirements may apply. In those cases, the principal’s personal affidavit, a more detailed SPA, or legal assistance may be necessary.

The safest approach is to prepare both the SPA and the Affidavit of Loss with precision, making clear who lost the item, who has personal knowledge, what authority is being exercised, and why the affidavit is being executed.