Losing a vital document—whether it’s a Driver’s License, an ATM card, or a Title—can be a stressful ordeal. In the Philippines, the standard legal remedy to notify authorities and the public of such a loss is the Affidavit of Loss.
This document is a sworn statement under oath, and its primary purpose is to protect you from identity theft or unauthorized use of the lost item, while also serving as a prerequisite for replacement.
What is an Affidavit of Loss?
An Affidavit of Loss is a legal document where the "Affiant" (the person who lost the item) declares the circumstances of the loss. By signing this document before a Notary Public, you are attesting that the facts stated are true under penalty of perjury.
Common Uses
- Government IDs: Replacement of PRC IDs, Driver’s Licenses, or Passports.
- Financial Documents: Lost ATM cards, passbooks, or checkbooks.
- Ownership Titles: Lost Land Titles (Transfer Certificate of Title) or Car Registration (OR/CR).
- Academic Records: Lost Diplomas or Transcripts of Records.
Requirements for a Valid Affidavit
To ensure your affidavit is legally binding and accepted by institutions like the LTO, SSS, or banks, it must contain specific information:
- Identity of the Affiant: Full name, citizenship, civil status, and address.
- Description of the Lost Item: Specific details such as ID numbers, bank account numbers, or serial numbers.
- Circumstances of the Loss: A brief narrative of when, where, and how the item was lost (e.g., "misplaced during a house move" or "stolen in a public vehicle").
- The "Good Faith" Clause: A statement that the item is not in the possession of another person and was not confiscated by any authority for legal reasons.
- Purpose: A statement of why you are filing the affidavit (e.g., "to secure a replacement").
The Notarization Process
Under Philippine law, an affidavit is just a piece of paper until it is notarized. This process transforms a private document into a public one, making it admissible in court.
Step-by-Step Procedure
- Drafting: You can write the affidavit yourself or have a law office draft it for you.
- Personal Appearance: You must appear in person before the Notary Public. A notary cannot legally notarize a document if the signer isn't present.
- Identification: Present at least one valid government-issued photo ID. Note: Community Tax Certificates (Cedula) are often no longer sufficient on their own under the Rules on Notarial Practice; a primary ID (Passport, UMID, etc.) is preferred.
- The Oath: The Notary Public will ask if you understand the contents and if the statements are true.
- Signing and Sealing: You sign the document, the Notary signs it, and applies their official seal.
Notarial Fees
Fees vary depending on the location and the complexity of the document. Typically, a standard Affidavit of Loss costs between ₱150 to ₱500 in most urban notary offices.
Important Legal Reminders
- Perjury: Since this is a sworn statement, lying about a "loss" (e.g., claiming you lost a card when you actually sold it) can lead to criminal charges for Perjury under the Revised Penal Code.
- Validity: Most institutions require an affidavit that was notarized within the last 6 months.
- The "Jurat": Ensure the document ends with a "Jurat" (the "Subscribed and Sworn to before me..." section) rather than a simple Acknowledgement. This is the specific notarial act required for affidavits.