How to Make an Affidavit of Loss in the Philippines

An Affidavit of Loss is a legal document used in the Philippines to formally declare the loss of a specific item or document. Under Philippine law, it is a sworn statement where the "Affiant" (the person making the statement) narrates the circumstances of the loss under oath.

This document is typically required by government agencies, banks, or private institutions before they can issue a replacement for a lost instrument.


1. When Do You Need an Affidavit of Loss?

In the Philippines, this affidavit is a standard requirement for the replacement of various documents, including but not limited to:

  • Government-issued IDs: Driver’s License, Passport, PRC ID, UMID, or Voter’s ID.
  • Financial Documents: ATM cards, Passbooks, Checkbooks, or Stock Certificates.
  • Property Titles: Original Certificates of Title (OCT) or Transfer Certificates of Title (TCT).
  • Commercial Documents: Official Receipts, Invoices, or Certificates of Registration (CR) and Tax Clearance.

2. Essential Elements of the Document

To be legally sufficient and accepted by institutions, the affidavit must contain the following specific details:

A. The Heading and Title

The document usually starts with a "Republic of the Philippines" header, followed by the specific venue (Province/City) where the document is being notarized. The title "AFFIDAVIT OF LOSS" should be centered and capitalized.

B. Personal Information (The Preamble)

The Affiant must state their full name, age, citizenship, and residential address. It begins with the phrase: "I, [Name], of legal age, Filipino, and a resident of [Address], after having been duly sworn to in accordance with law, hereby depose and state..."

C. The Facts of the Loss

This is the "body" of the affidavit. It must clearly describe:

  • The Item: A detailed description (e.g., "Driver's License with number XXX-XX-XXXXXX").
  • The Circumstances: How, when, and where the item was lost (e.g., "placed inside a wallet which was lost on April 10, 2026, at a mall in Makati City").
  • The Diligent Search: A statement confirming that the Affiant exerted effort to find the item but failed.
  • Status of the Item: A declaration that the item was not confiscated by authorities or given to another person.

D. The Purpose

A statement indicating why the affidavit is being executed (e.g., "to secure a replacement copy of said ID").

E. Signature and Jurat

The Affiant must sign above their printed name. Below this is the Jurat, which is the notary public's certification that the Affiant appeared before them, was identified through a competent evidence of identity, and took an oath.


3. The Step-by-Step Process

  1. Drafting: You can write the affidavit yourself or use a template. Ensure all factual details are accurate.
  2. Printing: Print at least three (3) copies. One for the institution requiring it, one for the Notary Public, and one for your personal file.
  3. Verification of Identity: Prepare a valid government-issued ID (other than the one you lost). Under the 2004 Rules on Notarial Practice, the notary must verify your identity.
  4. Notarization: Go to a Notary Public. You must sign the document in their presence.
  5. Payment: Pay the notarial fee. This varies depending on the location and the complexity of the document, but standard affidavits usually range from ₱100.00 to ₱500.00.
  6. Recording: Ensure the notary provides you with a copy that has a "Doc No.," "Page No.," "Book No.," and the "Series of [Year]" at the bottom.

4. Legal Consequences: The Risk of Perjury

Because an Affidavit of Loss is a sworn statement, it is subject to the provisions of the Revised Penal Code of the Philippines.

  • Article 183 (False Testimony in Other Cases and Perjury): Any person who knowingly makes a false statement in an affidavit can be charged with Perjury.
  • Penalty: This is punishable by arresto mayor in its maximum period to prision correccional in its minimum period (roughly 4 months to 2 years of imprisonment).

Never execute an Affidavit of Loss for an item that is not actually lost (e.g., an item that was pawned or surrendered) just to get a duplicate copy, as this constitutes a criminal offense.


5. Comparison: Jurat vs. Acknowledgment

It is a common mistake to confuse these two notarial acts.

Feature Jurat (Used for Affidavits) Acknowledgment (Used for Deeds/Contracts)
Purpose To swear to the truth of the contents. To confirm that the act is voluntary.
Requirement Affiant must take an oath or affirmation. Party acknowledges the signature as their own.
Language "Subscribed and sworn to before me..." "Personally appeared before me..."

For an Affidavit of Loss, a Jurat is the mandatory requirement.


6. Practical Tips

  • Specificity: If losing a Title or Stock Certificate, include the Serial Number or Account Number if known.
  • Police Reports: For lost Passports or items lost through theft/robbery, most agencies (like the DFA) require a Police Report in addition to the Affidavit of Loss.
  • Validity: Most institutions require the affidavit to be recently notarized (usually within the last 3 to 6 months).

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