How to Get an Affidavit of Loss in the Philippines

In the Philippines, an Affidavit of Loss is a legal document used to formally declare the loss of a specific item—usually a government ID, a legal document, or a commercial instrument. By executing this document, you are testifying under oath that the item is missing and cannot be found despite diligent efforts.

Because it is a sworn statement, it carries legal weight; any false claims made within it can lead to criminal charges for perjury.


When Do You Need an Affidavit of Loss?

You typically need this document to request a replacement for lost items or to prevent unauthorized use of lost credentials. Common scenarios include:

  • Government IDs: Driver’s license, Passport, PRC ID, UMID, or Voter’s ID.
  • Financial Documents: ATM cards, passbooks, checkbooks, or stock certificates.
  • Legal/Property Documents: Original Certificate of Title (OCT/TCT), Car Registration (OR/CR), or Notarized Deeds.
  • Academic Records: Diplomas or Transcript of Records (TOR).

Essential Components of the Affidavit

To be legally valid and accepted by agencies like the LTO, DFA, or banks, the document must contain:

  1. Heading and Title: Usually titled "Affidavit of Loss."
  2. Statement of Facts: * Full name, age, citizenship, and address of the "Affiant" (the person making the statement).
  • Description of the lost item (e.g., ID number, issuing agency, or serial numbers).
  1. Circumstances of Loss: A brief narration of how, when, and where the item was lost. If the exact details are unknown, you state that it was discovered missing from your usual storage.
  2. Statement of Diligent Search: A declaration that you exerted effort to find the item but failed.
  3. Purpose: A clear statement that the affidavit is being executed to attest to the truth of the loss and to support an application for a replacement.
  4. Signature: The affiant must sign the document in the presence of a Notary Public.
  5. Jurat: The section where the Notary Public certifies that the affiant appeared before them, showed valid ID, and took an oath.

The Step-by-Step Process

1. Draft the Document

You can write this yourself, use a template, or have a law office draft it for you. It must be printed in at least three (3) copies: one for the agency, one for the notary, and one for your personal file.

2. Find a Notary Public

Go to a notary office (commonly found near city halls, courthouses, or business centers). Ensure you bring a valid government-issued ID to prove your identity.

Note: If you lost your only ID, some notaries may allow two credible witnesses who know you to swear to your identity.

3. Signing and Notarization

Sign the document only when you are in front of the Notary Public or their authorized representative. They will then apply their dry seal and signature, and record the document in their Notarial Register (Doc No., Page No., Book No., and Series of 202X).

4. Pay the Notarial Fee

Fees vary depending on the location and the law office. In the Philippines, notarizing a simple Affidavit of Loss typically ranges from ₱150 to ₱500.


Important Legal Considerations

  • The "Wait Period" for Passports: For a lost Philippine Passport, the Department of Foreign Affairs (DFA) usually imposes a 15-day clearing period starting from the day you submit your Affidavit of Loss before they process the replacement.
  • Proof of Identity: While the affidavit explains a lost ID, you still need to present other forms of identification (like a Birth Certificate or a different secondary ID) to get the document notarized and to apply for the replacement.
  • The Power of the Notarial Seal: Once notarized, the document becomes a public record. It serves as your primary defense if someone finds your lost ID and attempts to use it for fraudulent activities.

Comparison of Requirements for Common Items

Lost Item Specific Requirement for Affidavit
Driver's License Must include the DL Number; usually submitted to the LTO.
ATM / Credit Card Mention the bank name; usually submitted to the bank branch.
Pawn Ticket Must mention the pawnshop and the item description (Gold, Watch, etc.).
Certificate of Title Often requires a more complex "Affidavit of Loss with Petition" for court-ordered reconstitution.

Would you like me to provide a basic template for an Affidavit of Loss that you can fill out?

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.