Losing a critical document—whether it’s a Driver’s License, a Land Title, or a simple ATM card—can be a stressful experience. In the Philippine legal system, the standard remedy to notify authorities and the public of such a loss is the execution of an Affidavit of Loss.
This legal document serves as a sworn statement under oath, asserting that a specific item is missing and cannot be found despite diligent efforts.
1. What is an Affidavit of Loss?
An Affidavit of Loss is a written statement where the "Affiant" (the person who lost the item) declares the circumstances of the loss. Since it is a notarized document, it carries legal weight. Making false statements in an affidavit can lead to criminal charges for Perjury under the Revised Penal Code of the Philippines.
2. Common Reasons for Filing
You generally need this document to request a replacement for:
- Government IDs: Driver’s License, Passport, UMID, or PRC ID.
- Financial Documents: ATM cards, Passbooks, or Checkbooks.
- Ownership Titles: Transfer Certificate of Title (TCT) for land or Tax Declarations.
- Certificates: Stocks, Birth Certificates, or Marriage Contracts.
- Vehicle Documents: Certificate of Registration (CR) or Official Receipt (OR).
3. Mandatory Requirements
To have an Affidavit of Loss drafted and notarized, you typically need the following:
| Requirement | Description |
|---|---|
| Valid ID | At least one government-issued ID to prove your identity to the Notary Public. |
| Details of the Loss | The specific date, time, and location (or approximate details) of how the item was lost. |
| Item Description | Specific details like ID numbers, account numbers, or serial numbers. |
| Notarial Fee | Payment for the Notary Public’s services (usually ranges from ₱100 to ₱500 depending on the location). |
4. Steps to Secure the Affidavit
Step 1: Drafting the Document
You can approach a lawyer to draft the document for you. Alternatively, many "notary stalls" near government offices (like the LTO or DFA) have pre-formatted templates. The document must include:
- Heading/Caption: "Republic of the Philippines," the Province/City, and the title "Affidavit of Loss."
- Personal Information: Your name, age, citizenship, and address.
- The Narrative: A clear description of the lost item and the "Facts of the Case" (how it disappeared).
- Purpose: Stating that the affidavit is being executed for legal purposes (e.g., to get a replacement).
- Signature: Your signature above your printed name.
Step 2: Notarization
Go to a Notary Public. You must sign the document in their presence. They will verify your identity, ask you to swear to the truth of the statement, and then apply their dry seal and signature.
Step 3: Filing
Once notarized, take the original copy to the relevant agency:
- Lost License: File with the Land Transportation Office (LTO).
- Lost ATM: File with your Bank’s branch of account.
- Lost Title: File with the Register of Deeds (this often requires a more complex "Affidavit of Loss" and a "Notice of Loss").
5. Important Legal Reminders
- The "Found" Item: If you find the original item after filing the affidavit, you should theoretically surrender the old one or inform the agency to avoid issues of "Double Identity" or fraud.
- Police Reports: For lost items involving theft or robbery, some agencies (like the DFA for lost Passports) may require a Police Report in addition to the Affidavit of Loss.
- Jurisdiction: While you can technically notarize an affidavit anywhere, it is best practice to have it notarized in the city where the loss occurred or where you reside.
Pro-Tip: Always ask for at least three (3) original copies: one for the agency, one for your personal records, and one for the Notary Public’s file.
Would you like me to draft a basic template for an Affidavit of Loss that you can fill out?