How to Get an Affidavit of Loss for a School Card in the Philippines
Introduction to Affidavit of Loss
In the Philippines, an Affidavit of Loss is a sworn statement executed by an individual declaring the loss of a valuable item or document under circumstances that prevent its recovery. This legal document serves as official proof of the loss and is often required by institutions, such as schools, government agencies, or private entities, to process replacements, claims, or other related transactions. Under Philippine law, affidavits are governed by the Rules of Court, particularly Rule 132 on evidence, and must be subscribed and sworn to before a notary public or any authorized officer to have legal validity.
For a school card—typically referring to a student's identification card issued by educational institutions like elementary schools, high schools, colleges, or universities—an Affidavit of Loss is a standard prerequisite for obtaining a duplicate or replacement. School cards are essential for identification, access to campus facilities, enrollment verification, and sometimes even for availing discounts or services. Losing one can disrupt daily academic activities, making prompt replacement crucial. The affidavit helps protect against fraudulent use of the lost card and ensures the school's records are updated accurately.
Legal Basis and Importance
The requirement for an Affidavit of Loss stems from Republic Act No. 386 (Civil Code of the Philippines), which addresses obligations and contracts, and Executive Order No. 292 (Administrative Code of 1987), which outlines administrative procedures for government and quasi-government entities. Educational institutions, whether public (governed by the Department of Education or Commission on Higher Education) or private, often mandate this document to comply with internal policies on asset management and student records. It mitigates risks such as identity theft or unauthorized access, aligning with data privacy laws under Republic Act No. 10173 (Data Privacy Act of 2012).
Without an Affidavit of Loss, schools may refuse to issue a replacement card, as it provides a legal safeguard. In some cases, failure to report the loss promptly could lead to liabilities if the card is misused. For minors (students under 18), the affidavit may need to be executed by a parent or guardian, reflecting the Family Code's provisions on parental authority.
Requirements for Preparing an Affidavit of Loss
To prepare an Affidavit of Loss for a school card, the following elements are essential:
Personal Information: Full name, age, civil status, address, and contact details of the affiant (the person making the statement, usually the student or their guardian).
Details of the Lost Item: Specific description of the school card, including the school name, card number (if known), issuance date, expiration date, and any unique identifiers like holograms or barcodes.
Circumstances of Loss: A detailed narrative of how, when, and where the card was lost. This should include the date of discovery of the loss, efforts made to recover it (e.g., searching the area, inquiring with authorities), and reasons why recovery is impossible.
Purpose: A statement indicating that the affidavit is for obtaining a replacement school card.
Oath and Signature: The affiant must swear to the truthfulness of the statements, with a jurat (notarial certification) appended.
Additional supporting documents may be required by the school, such as:
- A police report (Blotter Entry) from the nearest Philippine National Police (PNP) station, especially if theft is suspected.
- Proof of enrollment or student status (e.g., registration form or certificate of enrollment).
- Valid government-issued ID of the affiant (e.g., passport, driver's license, or voter’s ID).
- For minors, a birth certificate and parental consent.
Step-by-Step Process to Obtain the Affidavit
Step 1: Draft the Affidavit
The affidavit can be drafted personally or with the assistance of a lawyer, paralegal, or using templates available from legal aid offices. It must be written in clear, concise language, preferably in English or Filipino, and typed or legibly handwritten on legal-sized paper. Avoid ambiguities to prevent rejection.
A sample format is as follows:
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [Location]) S.S.
AFFIDAVIT OF LOSS
I, [Full Name], of legal age, [civil status], Filipino, and a resident of [Address], after having been duly sworn in accordance with law, do hereby depose and state:
That I am a student enrolled at [School Name], with Student ID Number [if known].
That on or about [Date of Loss], at [Location], I lost my school identification card issued by the said institution.
That the circumstances surrounding the loss are as follows: [Detailed narrative, e.g., "I inadvertently left my wallet containing the card in a public jeepney, and despite immediate efforts to trace the vehicle and report to authorities, the card could not be recovered."].
That I have exerted diligent efforts to locate the said card but to no avail.
That I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of securing a replacement school card.
IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Location].
[Signature of Affiant]
[Printed Name]
SUBSCRIBED AND SWORN to before me this [Date] at [Location], affiant exhibiting to me his/her [Valid ID] issued on [Date] at [Place].
[Notary Public]
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].
Step 2: Report the Loss (Optional but Recommended)
Visit the nearest PNP station to file a police blotter. This is not always mandatory for school cards but strengthens the affidavit's credibility, especially if the school requires it. The blotter entry should mirror the affidavit's details.
Step 3: Notarization
Bring the drafted affidavit and required IDs to a notary public. Notaries can be found in law offices, municipal halls, or courts. The notarization fee typically ranges from PHP 100 to PHP 500, depending on location and complexity. Ensure the notary is commissioned under the Notarial Rules (A.M. No. 02-8-13-SC), with a valid notarial commission.
For students in public schools, some DepEd offices offer free or low-cost notarization services. In remote areas, barangay officials authorized under Republic Act No. 6733 may administer oaths for simple affidavits.
Step 4: Submit to the School
Once notarized, submit the affidavit to the school's registrar or student affairs office, along with any additional forms or fees for the replacement card. Processing time varies but usually takes 3-7 days. Fees for replacement cards range from PHP 50 to PHP 300, depending on the institution.
Step 5: Follow-Up and Record-Keeping
Retain copies of the affidavit, police blotter, and receipt. If the lost card is found later, inform the school immediately to avoid dual issuance issues.
Costs Involved
- Drafting: Free if self-drafted; PHP 500-2,000 if by a lawyer.
- Notarization: PHP 100-500.
- Police Blotter: Usually free.
- Replacement Card: Varies by school (e.g., PHP 100 for public high schools, up to PHP 500 for private universities).
- Miscellaneous: Transportation, photocopying (PHP 1-5 per page).
Indigent students may seek waivers or assistance from school welfare offices or local government units under the Magna Carta for Students (proposed but aligned with existing social welfare laws).
Legal Implications and Considerations
Executing a false affidavit constitutes perjury under Article 183 of the Revised Penal Code, punishable by arresto mayor (1-6 months imprisonment) or fines. Ensure all statements are truthful.
For international students or those in private institutions, additional requirements may apply, such as compliance with Bureau of Immigration rules if the card relates to visa status.
In cases of mass loss (e.g., due to natural disasters), schools may streamline processes under DepEd or CHED issuances.
If the school card contains sensitive data (e.g., RFID chips), report the loss to the school's IT department to deactivate it, preventing data breaches under the Data Privacy Act.
Common Mistakes and Tips
- Incomplete Details: Omitting the narrative of loss can lead to rejection. Be specific.
- Improper Notarization: Ensure the notary's seal and signature are clear; expired commissions invalidate the document.
- Delay in Reporting: Report promptly to avoid complications.
- Tips: Use online templates from reputable sources like the Supreme Court website or legal blogs, but customize them. For minors, involve parents early. If in a hurry, opt for express notarization services in malls.
This process ensures compliance with Philippine legal standards while facilitating a smooth replacement of the lost school card. Consult a lawyer for complex cases or if disputes arise.