An Affidavit of Loss is a sworn statement executed by a person who has lost an important document, identification card, or personal property. In the Philippines, it serves as a formal declaration under oath that the item or document is no longer in the declarant’s possession and cannot be found despite diligent search. This document is indispensable in various administrative and legal transactions, particularly when applying for a duplicate or replacement from government agencies such as the Philippine Statistics Authority (PSA), Land Transportation Office (LTO), Department of Foreign Affairs (DFA), or the Registry of Deeds.

Philippine law requires an Affidavit of Loss in numerous replacement procedures because government offices and private institutions treat lost official records as potentially misused or fraudulently obtained. Without it, requests for certified true copies, duplicates, or new issuances are routinely denied. The affidavit protects the declarant and the issuing authority by creating a verifiable record of the loss and the declarant’s good faith.

Legal Basis

The preparation and notarization of an Affidavit of Loss are governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which standardized notarial acts nationwide. It is also anchored on the general provisions of the Civil Code and the Revised Penal Code concerning false statements under oath. A false or perjured affidavit constitutes the crime of perjury under Article 183 of the Revised Penal Code, punishable by arresto mayor in its maximum period to prision correccional in its minimum period, plus fines. Consequently, every statement in the affidavit must be true and accurate to the best of the affiant’s knowledge.

When an Affidavit of Loss Is Required

The most common situations necessitating an Affidavit of Loss include:

Loss of government-issued identification cards (Philippine Passport, Driver’s License, UMID, SSS ID, GSIS ID, Voter’s ID, Postal ID, Barangay ID, Senior Citizen ID, PWD ID).
Loss of civil registry documents (Birth Certificate, Marriage Certificate, Death Certificate, Certificate of No Marriage/CENOMAR).
Loss of school or professional records (Diploma, Transcript of Records, Professional Regulation Commission (PRC) ID or Board Certificate).
Loss of land titles, certificates of title, or tax declarations.
Loss of financial instruments (ATM cards, credit cards, passbooks, stock certificates).
Loss of vehicle-related documents (Certificate of Registration, Official Receipt, Driver’s License).
Loss of employment or government contracts and clearances.
Loss of personal property when required by insurance companies or courts.

In some cases, such as lost passports or land titles, the affidavit must be accompanied by a police blotter or report from the nearest police station to establish the circumstances of the loss.

Who May Execute an Affidavit of Loss

Only the person to whom the lost document was originally issued, or the registered owner of the property, may execute the affidavit. If the owner is a minor, incapacitated, or deceased, the parent, legal guardian, or the executor/administrator of the estate may execute it, provided they present proof of authority (e.g., court order, birth certificate showing filiation, or special power of attorney). Corporations or partnerships must execute the affidavit through an authorized officer with a board resolution or secretary’s certificate.

Essential Contents of a Valid Affidavit of Loss

A properly drafted Affidavit of Loss must contain the following elements:

Caption and Venue – “Republic of the Philippines” followed by the city or municipality where the affidavit will be notarized, and “S.S.” (subscribed and sworn).
Title – “AFFIDAVIT OF LOSS” centered in bold or capital letters.
Personal Circumstances of the Affiant – Full name, age, civil status, citizenship, residence, and valid government-issued ID number.
Description of the Lost Item – Complete details including document number, date of issue, issuing office, full name appearing on the document, and any other identifying marks.
Narrative of the Loss – Exact circumstances, date and place of loss, and steps taken to recover it (e.g., “Despite diligent search in my residence, office, and other usual places, the same could not be found.”).
Declaration of Good Faith – Statement that the document has not been sold, donated, transferred, or used as collateral, and that the affiant has no knowledge of its whereabouts.
Purpose – Explicit statement of the intended use (e.g., “for the purpose of applying for a replacement/duplicate with the [name of agency]”).
Jurat – Notarial clause stating that the affiant appeared personally, presented competent evidence of identity, took an oath, and signed voluntarily.

The affidavit must be typewritten or printed legibly on legal-size paper. Handwritten affidavits are generally discouraged by notaries.

Step-by-Step Procedure to Make an Affidavit of Loss

Step 1: Gather Information and Draft the Document
Collect all known details about the lost item (number, date of issuance, etc.). Draft the affidavit using a standard template. Many notaries provide ready-made forms, but preparing a draft in advance saves time and reduces errors.

Step 2: Secure a Police Blotter (if required)
For passports, land titles, or high-value documents, obtain a police report or blotter entry from the nearest Philippine National Police station. This serves as corroborative evidence.

Step 3: Visit a Notary Public
Bring the draft, at least two (2) valid government-issued photo IDs (e.g., passport, driver’s license, SSS ID, PhilID), and any supporting documents. Notaries are licensed lawyers authorized by the Regional Trial Court. They can be found in law offices, malls, city halls, or barangay halls (some barangays have commissioned notaries).

Step 4: Execute the Affidavit Before the Notary
The notary will review the document, require the affiant to read it, and administer the oath. The affiant must sign in the notary’s presence. Two copies are usually prepared: one original for submission and one duplicate for the affiant’s records.

Step 5: Pay the Notarial Fee
Notarial fees for a simple Affidavit of Loss typically range from ₱100 to ₱500, depending on the locality and the notary’s schedule. Additional charges may apply for extra copies or rush service.

Step 6: Receive the Notarized Affidavit
The notary affixes the seal, signs the jurat, and records the act in their notarial register. The document is now admissible in official transactions.

Sample Affidavit of Loss (Driver’s License)

REPUBLIC OF THE PHILIPPINES
CITY OF QUEZON } S.S.

AFFIDAVIT OF LOSS

I, JUAN DELA CRUZ, of legal age, Filipino, single, and a resident of 123 Sample Street, Quezon City, after having been duly sworn in accordance with law, do hereby depose and say:

That I am the registered owner of a Philippine Driver’s License bearing No. N12-34-567890 issued on January 15, 2023 by the Land Transportation Office;

That on or about April 10, 2026, while commuting in the vicinity of EDSA, Quezon City, I lost the said Driver’s License;

That despite diligent search and inquiry in all possible places where it could have been, the same could no longer be found;

That said Driver’s License has not been sold, donated, transferred, or used as collateral to any person or entity whatsoever;

That I am executing this affidavit for the purpose of applying for a duplicate/replacement of my lost Driver’s License with the Land Transportation Office and for all other legal intents and purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of April 2026 at Quezon City, Philippines.

JUAN DELA CRUZ
Affiant
TIN: 123-456-789-000
PhilID No. 0000-1234567-8

SUBSCRIBED AND SWORN to before me this 26th day of April 2026 at Quezon City, Philippines, affiant exhibiting to me his Philippine Identification (PhilID) No. 0000-1234567-8 issued on March 1, 2024 at Quezon City as competent evidence of his identity.

Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2026.

Notary Public

Similar templates apply to other documents, with appropriate modifications in the description and purpose paragraphs.

After Notarization: Submitting the Affidavit

Submit the notarized Affidavit of Loss together with the application form, police blotter (if required), valid IDs, and payment of replacement fees to the concerned agency. Processing times vary: LTO driver’s license replacement usually takes one to two weeks; DFA passport replacement may take several weeks; PSA civil registry documents can be obtained in a few days at authorized outlets.

Important Considerations and Common Pitfalls

Accuracy is Paramount – Any material falsehood may lead to perjury charges or denial of the replacement request.
Multiple Copies – Always request at least two notarized copies.
Validity – A notarized Affidavit of Loss has no expiration date, but some agencies require it to be executed within a reasonable time from the reported loss.
Special Cases – Lost land titles require publication in a newspaper of general circulation and a court petition in certain instances. Lost foreign passports must follow the embassy’s specific rules.
Electronic Notarization – Under the Electronic Commerce Act (RA 8792) and subsequent rules, remote notarization via video conferencing is allowed in limited cases, subject to the notary’s accreditation.
Cost-Saving Tip – Drafting the affidavit yourself and bringing all requirements prevents unnecessary re-drafting fees.

An Affidavit of Loss is a straightforward yet powerful legal instrument that restores official records and protects rights. Proper preparation, truthful statements, and prompt notarization ensure a smooth replacement process and compliance with Philippine law.