Overview

In the Philippines, an Affidavit of Loss is a sworn statement—made under oath—declaring that a specific item or document was lost, describing how it was lost (if known), and affirming that it has not been pledged, sold, or otherwise transferred. It is commonly required by government offices, banks, schools, telecoms, insurers, and private institutions as part of a replacement or reissuance process.

When the owner of the lost item is an adult child (18 years old and above), a frequent question is whether parents can execute and have notarized the affidavit “on the child’s behalf.”

The short legal reality is:

As a rule, the adult child should personally execute (sign and swear to) the Affidavit of Loss.
Parents generally cannot “stand in” and swear an affidavit as if they were the adult child.
Parents may execute their own affidavit only for facts within their personal knowledge, and in some contexts may transact using a Special Power of Attorney (SPA)—but whether an institution will accept an affidavit signed by a representative depends heavily on the specific agency’s requirements and the nature of the statement being sworn to.

This article explains the legal principles, the notarial rules, practical institution requirements, and the safest routes depending on your situation.

1) What an Affidavit of Loss Really Is

An Affidavit of Loss is not just a “form.” It is a sworn declaration. The affiant (the person swearing) states facts and swears that they are true. Lying in an affidavit can expose the affiant to criminal liability (e.g., perjury/false testimony depending on circumstances) and can also create civil and administrative consequences (e.g., denial of replacement, cancellation, blacklisting by the institution).

Because of its sworn nature, affidavits are generally expected to be executed by the person:

who has personal knowledge of the facts, and/or
whose rights or obligations are directly affected by the declaration (often the document owner).

2) The Core Notarial Requirement: Personal Appearance

Under Philippine notarial practice, the person who signs the document must personally appear before the notary public so the notary can:

verify identity through competent proof,
confirm the act is voluntary, and
administer the oath (for affidavits).

So if the affidavit is supposed to be the adult child’s statement, the legal default is that the adult child must appear and swear before the notary.

Key implication

Even if parents have the best intentions, notarization is not meant to be a “proxy” process for affidavits of an adult who is available but absent.

3) Can Parents Execute the Affidavit “On Behalf” of Their Adult Child?

A. Executing an affidavit as if they were the child: generally not proper

A parent cannot properly sign an affidavit that says, in substance, “I, [Adult Child], lost my [document]…” if the parent is not the adult child and does not have authority to become the affiant. An affidavit is personal; it is the oath of the person named as affiant.

B. Executing an affidavit in the parents’ own names: sometimes possible

Parents may execute an affidavit as parents, but only to the extent they are swearing to facts within their personal knowledge, such as:

they personally possessed the document,
they personally handled it and then discovered it missing,
they personally searched in certain places,
they personally witnessed the circumstances of the loss.

This does not magically convert into “the child’s affidavit.” It becomes the parents’ affidavit (or a supporting affidavit). Some institutions accept it as supplementary proof; many require the owner’s affidavit.

C. Executing documents using an SPA: helps for transactions, but not always for affidavits

Under agency principles, an adult can authorize someone else (including parents) to do acts on their behalf via a Special Power of Attorney (SPA) for specified transactions.

However, affidavits are tricky:

An SPA can authorize a parent to file an application, claim a replacement, submit requirements, or sign certain request forms.
But an Affidavit of Loss is a sworn declaration of facts. A representative can swear only to facts the representative can truthfully attest to from personal knowledge.
Some offices may accept an “Affidavit of Loss” signed by an attorney-in-fact if the affidavit is clearly in that capacity and the affiant is swearing based on personal knowledge and attaches the SPA—but many will still insist the owner must be the affiant.

Practical rule: An SPA is often necessary for the processing side, but it is not a guaranteed substitute for the owner’s sworn statement.

4) Institutional Practice Matters: Government and Private Requirements Differ

Even if something is legally “possible” in a limited sense, the real-world question is: Will the receiving office accept it?

Common patterns

Strict requirement (owner must execute): passports, many government IDs, licenses, bank instruments, registered titles/vehicle documents, high-risk financial instruments.
Sometimes flexible (case-by-case): school records, some HR/company records, some telecom/SIM replacement procedures, some private memberships—especially if the parents can show custody/possession and provide authorization.

The more the lost item affects identity, property rights, financial risk, or public records, the more likely the institution will demand the owner’s personal affidavit.

5) The Notary’s Conflict/Disqualification Issue: Parents Who Are Notaries

If a parent happens to be a lawyer commissioned as a notary public, a separate issue arises:

Notarial ethics and rules generally disqualify a notary from notarizing documents where the signatory is a close relative (including ancestor/descendant relationships).
That means a parent-notary should not notarize the adult child’s affidavit, even if the child is present, because of the prohibited relationship.

Bottom line: If the adult child will execute the affidavit, use a different notary.

6) Best Options Depending on the Situation

Scenario 1: Adult child is in the Philippines and available

Best practice: Adult child personally signs and swears before a notary.

Parents can assist by:

drafting details,
preparing IDs and supporting proof,
accompanying the child,
providing a supporting affidavit if needed.

Scenario 2: Adult child is in the Philippines but cannot appear (work schedule, distance)

Options:

Have the child notarize near their location (any commissioned notary).
If a receiving office allows remote submission, the child can execute and notarize where they are, then send the notarized original.

Philippine notarial practice is generally built around personal appearance, so “sign now, appear later” is not a safe plan.

Scenario 3: Adult child is abroad

Common options:

Execute the affidavit at a Philippine Embassy/Consulate (consular notarization / acknowledgment / oath administration).
Execute before a local notary abroad and comply with authentication requirements for use in the Philippines (often via apostille or consular authentication depending on the country and applicable rules).

This is usually the cleanest solution because the affidavit remains the child’s sworn statement, just executed abroad.

Scenario 4: Adult child is incapacitated (medical, mental incapacity) or otherwise legally unable

This becomes a capacity/representation issue:

If the adult child is legally incapacitated, the proper route may involve a guardian or court authority depending on the situation and the nature of the document being replaced.
Institutions will often require medical proof and/or legal authority documents.

Parents should not “shortcut” this by simply signing an affidavit as if they were the child.

Scenario 5: Parents truly handled the document and discovered it missing

Parents can execute a supporting affidavit stating:

the document was in their custody (if true),
circumstances of loss as they personally observed,
efforts to locate it,
that they are executing the affidavit to support the owner’s request.

But many institutions will still ask for the owner’s affidavit plus the parents’ supporting affidavit.

7) What a “Proper” Representative-Signed Affidavit Would Look Like (If Accepted)

If an institution explicitly allows an attorney-in-fact to submit an affidavit of loss, the affidavit should be drafted transparently, for example:

The affiant is: “[Parent’s Name], of legal age, … as Attorney-in-Fact of [Adult Child’s Name], by virtue of a Special Power of Attorney dated…”
It should avoid pretending the parent is the child.
It should state the basis of knowledge: how the parent knows the facts (custody, personal handling, direct discovery of loss).
The SPA should be attached and referenced.
The parent should be prepared that the office may still require the child’s own affidavit.

Important: A representative cannot honestly swear to facts they do not know. If only the child knows the circumstances, a parent’s affidavit will be weak and possibly rejected.

8) Practical Checklist: What Usually Helps Acceptance

Whether the affiant is the owner or a parent/supporting witness, these commonly strengthen an Affidavit of Loss packet:

Photocopy/scan of the lost document (if available)
Issuing authority details: document number, date issued, place issued
Circumstances: when last seen, where kept, when discovered missing
Diligent search statement: where you looked and when
Non-transfer statement: not sold, not pledged, not encumbered
Undertaking: to report if found and to indemnify (sometimes required)
IDs of affiant; if attorney-in-fact, the SPA and IDs of both principal and attorney-in-fact
Police report (only if specifically required—many replacements don’t require it unless theft/fraud is suspected)

9) Common Mistakes That Cause Rejection

Parent signs an affidavit naming the adult child as affiant
The affidavit is vague: “lost somewhere” with no dates or details
No document identifiers (number, issuing office, etc.)
The notary notarizes without competent ID or proper personal appearance
Parent-notary notarizes a child’s affidavit (relationship conflict)
Affidavit contains statements the affiant clearly cannot know (red flag)
SPA is general or does not expressly authorize the transaction (when a strict SPA is required)

10) FAQs

Can parents notarize the affidavit for the adult child if the child signs it at home?

No. For a valid notarization, the signer must personally appear before the notary at the time of notarization.

If the adult child is busy, can parents just do it to save time?

They can help with processing and may execute a supporting affidavit, but the safest and most commonly accepted approach remains: the adult child executes their own affidavit.

Is an SPA enough?

An SPA is often enough to let parents file and transact, but it is not always enough to replace the requirement that the owner personally swear an affidavit of loss—especially for IDs, financial instruments, and registered documents.

What’s the safest workaround if the adult child is abroad?

Have the adult child execute the affidavit through a Philippine Embassy/Consulate or properly notarize abroad and comply with authentication requirements for Philippine use.

Bottom Line

In Philippine practice, an Affidavit of Loss is meant to be executed by the person who lost the item—especially when that person is an adult owner. Parents generally cannot notarize an affidavit “on behalf” of an adult child in the sense of replacing the child as affiant. What parents can do is (1) support and assist, (2) transact via SPA where allowed, and (3) execute their own supporting affidavit for facts within their personal knowledge—while recognizing that many institutions will still require the adult child’s own notarized affidavit.

If you tell me what document was lost (e.g., passport, driver’s license, PRC ID, diploma, land title, OR/CR, bank book, ATM, etc.) and where the adult child is located, I can outline the most likely acceptable route and a clean affidavit structure for that specific case.