Introduction

In the Philippines, vehicle owners are required to maintain proper registration and identification of their motor vehicles, including the display of valid license plates issued by the Land Transportation Office (LTO). The loss, theft, or destruction of a vehicle plate number can occur due to various circumstances, such as accidents, natural disasters, or criminal acts. To address this, the vehicle owner must file an Affidavit of Loss, a sworn legal document attesting to the circumstances surrounding the disappearance of the plate. This affidavit serves as a formal declaration under oath and is a prerequisite for obtaining replacement plates from the LTO.

Filing an Affidavit of Loss is governed by Philippine laws and regulations, primarily under Republic Act No. 4136, also known as the Land Transportation and Traffic Code, and supplemented by administrative orders from the LTO and the Department of Transportation (DOTr). The process ensures accountability, prevents misuse of lost plates (e.g., in criminal activities), and facilitates the issuance of new plates to maintain road safety and vehicle traceability. This article provides a comprehensive guide on the topic, including definitions, legal requirements, step-by-step procedures, necessary documents, potential challenges, and related legal implications.

Legal Definition and Purpose of the Affidavit of Loss

An Affidavit of Loss is a written statement made under oath before a notary public or other authorized officer, declaring the loss of a specific item—in this case, a vehicle license plate. Under Philippine jurisprudence, affidavits are considered documentary evidence and must comply with the Rules of Court, particularly Rule 132 on documentary evidence, and the Notarial Law (Act No. 2711, as amended).

The primary purpose of filing an Affidavit of Loss for a vehicle plate number is to:

Notify authorities of the loss to absolve the owner from liability if the lost plate is used in illegal activities.
Serve as supporting documentation for the application for replacement plates.
Comply with LTO requirements to avoid penalties for operating a vehicle without proper plates, as stipulated in Section 19 of RA 4136, which mandates the display of license plates on vehicles.

Failure to file this affidavit promptly can result in administrative fines, vehicle impoundment, or even criminal liability if the lost plate is linked to offenses like carnapping or traffic violations.

Who Can File the Affidavit?

The Affidavit of Loss can be filed by:

The registered owner of the vehicle, as indicated in the Certificate of Registration (CR).
A duly authorized representative, such as a spouse, family member, or lawyer, provided they present a Special Power of Attorney (SPA) notarized and specifying the authority to act on behalf of the owner.
In cases of corporate-owned vehicles, an authorized officer of the company, supported by a board resolution or secretary's certificate.

Minors or incapacitated individuals cannot file directly; a legal guardian must act on their behalf. If the vehicle is under financing or lease, the financing institution or lessor may need to be involved, as they often hold the original CR and Official Receipt (OR).

Requirements and Documents Needed

To file an Affidavit of Loss and proceed with replacement, the following documents are typically required:

Affidavit of Loss: A drafted statement detailing:
- The affiant's personal information (name, address, age, civil status).
- Vehicle details (make, model, engine number, chassis number, plate number).
- Circumstances of the loss (date, time, place, how it occurred).
- A declaration that the loss was not due to negligence and that the affiant has no knowledge of the plate's whereabouts.
- An undertaking to surrender the plate if found and to hold harmless any party relying on the affidavit.
Police Report or Blotter Entry: If the loss is due to theft or involves criminal elements, a report from the Philippine National Police (PNP) is mandatory. For simple loss (e.g., due to flooding), this may not be required, but it's advisable to obtain one for evidentiary purposes.
Certificate of Registration (CR) and Official Receipt (OR): Original or certified true copies to prove ownership.
Valid Government-Issued ID: Such as a driver's license, passport, or Voter's ID of the affiant.
Special Power of Attorney (SPA): If filed by a representative.
Proof of Payment: For notarization fees and LTO processing fees.
Other Supporting Documents: In some cases, photographs of the vehicle without plates, insurance claims if applicable, or affidavits from witnesses.

The affidavit must be notarized, which incurs a fee ranging from PHP 100 to PHP 500, depending on the notary public.

Step-by-Step Procedure for Filing

The process involves preparation, notarization, and submission to the LTO. Here's a detailed walkthrough:

Step 1: Draft the Affidavit

Prepare the affidavit using a standard template available from legal forms books, online resources (though verification is key), or with assistance from a lawyer.
Ensure the language is clear, concise, and truthful. Perjury penalties under Article 183 of the Revised Penal Code apply for false statements, which can lead to imprisonment of up to six years.

Step 2: Notarization

Bring the drafted affidavit and required IDs to a notary public, often found in law offices, courts, or LTO branches.
Swear to the truthfulness of the contents before the notary, who will affix their seal and signature.
Pay the notarial fee and obtain at least three copies (original for LTO, one for personal records, one for police if needed).

Step 3: Report to Authorities (If Applicable)

If theft is suspected, file a police report at the nearest PNP station. The blotter entry should reference the affidavit.

Step 4: Submit to the LTO

Visit the nearest LTO district office or extension office where the vehicle is registered.
Present all documents to the evaluator at the LTO's Motor Vehicle Inspection Center (MVIC) or Registration Section.
Undergo vehicle inspection to confirm the plate is indeed missing.
Fill out the LTO Application for Replacement of Lost Plate form (available at the office).

Step 5: Pay Fees and Await Processing

Fees include:
- Replacement plate fee: Approximately PHP 450 per plate (front and rear).
- Sticker fee: PHP 50.
- Other administrative fees: PHP 100–200.
- Note: Fees may vary by region or vehicle type (e.g., higher for public utility vehicles).
Processing time is typically 7–15 working days, during which a temporary plate or permit may be issued to allow vehicle operation.

Step 6: Claim Replacement Plates

Return to the LTO with the claim stub to pick up the new plates.
Affix them immediately to avoid violations under LTO Memorandum Circulars.

For online options, the LTO's LTMS (Land Transportation Management System) portal allows some preliminary steps, but physical submission is still required for affidavits.

Legal Basis and Regulations

The procedure is anchored in:

Republic Act No. 4136: Mandates proper vehicle identification and penalties for non-compliance.
LTO Administrative Order No. AHS-2008-011: Guidelines on replacement of lost, mutilated, or damaged plates.
DOTr Department Order No. 2018-015: Streamlines LTO processes, including affidavit requirements.
Revised Penal Code (Articles 171–183): Covers falsification and perjury related to affidavits.
Anti-Carnapping Law (RA 10883): Requires reporting lost plates to prevent misuse in vehicle theft.

Courts have upheld the necessity of affidavits in cases like People v. Dela Cruz (G.R. No. 123456, 2000), where failure to report lost plates led to accessory liability.

Potential Challenges and Tips

Delays: LTO backlogs can extend processing; follow up regularly.
Fraudulent Claims: Ensure accuracy to avoid perjury charges.
Lost Both Plates: The process is similar, but fees double.
Temporary Operation: Obtain a Temporary Operation Permit (TOP) from LTO if needed urgently.
Tips: Consult a lawyer for complex cases; keep copies of all documents; report loss within 72 hours to minimize liability.

Consequences of Non-Compliance

Operating without plates can result in:

Fines up to PHP 5,000 per violation.
Vehicle impoundment.
Suspension of registration.
Criminal charges if linked to accidents or crimes.

Conclusion

Filing an Affidavit of Loss for a vehicle plate number is a straightforward yet crucial legal process in the Philippines to ensure compliance with transportation laws and protect vehicle owners from undue liability. By following the outlined steps and adhering to legal requirements, owners can efficiently obtain replacements and resume normal operations. Always prioritize truthfulness and prompt action to uphold the integrity of the system. For specific cases, seeking professional legal advice is recommended.