How to Prepare an Affidavit of Loss for a Company ID in the Philippines

Introduction

In the Philippines, losing a company-issued identification card (ID) can be a significant inconvenience, as it often serves as proof of employment, access to company premises, and sometimes even for external transactions. An Affidavit of Loss is a crucial legal document used to formally declare the loss of such an ID. This sworn statement, executed under oath, helps in mitigating risks like identity theft or unauthorized use while facilitating the issuance of a replacement ID by the employer.

Under Philippine law, affidavits are governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and the Civil Code of the Philippines, particularly provisions on obligations and contracts that emphasize good faith and diligence. While not all lost items require an affidavit, company policies often mandate it for IDs to ensure accountability and compliance with internal security protocols. This article provides a comprehensive guide on preparing an Affidavit of Loss for a company ID, including its purpose, requirements, step-by-step process, sample template, potential costs, common pitfalls, and related legal considerations—all within the Philippine legal context.

Purpose and Legal Significance

The primary purpose of an Affidavit of Loss for a company ID is to:

Declare the Loss Officially: It serves as a formal record that the ID is no longer in the affiant's possession, protecting against liability if the lost ID is misused.
Request Replacement: Most companies require this document as part of their replacement procedure to verify the legitimacy of the request.
Prevent Fraud: By swearing under oath, the affiant attests that the loss is genuine, reducing the risk of duplicate IDs being issued fraudulently.
Comply with Company Policies: Philippine labor laws, such as Republic Act No. 11058 (Occupational Safety and Health Standards), indirectly support such documentation for workplace security, though the affidavit itself is more a matter of administrative practice.

Legally, making a false affidavit can lead to perjury charges under Article 183 of the Revised Penal Code, punishable by arresto mayor in its maximum period to prision correccional in its minimum period (up to 6 years imprisonment). Thus, accuracy and truthfulness are paramount.

Requirements for Preparing the Affidavit

To prepare a valid Affidavit of Loss, the following are typically required:

Personal Information of the Affiant:
- Full name, age (must be at least 18 years old or of legal age), civil status, occupation, and complete address.
- Proof of identity (e.g., government-issued ID like driver's license, passport, or voter's ID) to present to the notary public.
Details of the Lost ID:
- Company name and address.
- ID number, issuance date, and any unique identifiers (e.g., employee number).
- Description of the circumstances surrounding the loss (e.g., date, time, location, and how it occurred).
Notarization:
- The affidavit must be subscribed and sworn to before a notary public licensed in the Philippines.
- Notarial fees are regulated by the Integrated Bar of the Philippines (IBP) and typically range from PHP 100 to PHP 500, depending on location and complexity.
Supporting Documents (if required by the company):
- Police report (Blotter Entry) from the Philippine National Police (PNP) if the loss involves theft or if company policy demands it.
- Company-issued acknowledgment of the loss.
- In rare cases, publication in a newspaper of general circulation (e.g., for high-security IDs), though this is uncommon for standard company IDs.

Note: Unlike government-issued IDs (e.g., SSS or PhilHealth), company IDs do not fall under specific statutes like Republic Act No. 9485 (Anti-Red Tape Act) for replacement, so procedures vary by employer. Always check with HR for any additional requirements.

Step-by-Step Process to Prepare the Affidavit

Preparing an Affidavit of Loss is straightforward but requires attention to detail to ensure validity. Here's a comprehensive guide:

Gather Necessary Information:
- Recall or note down all details about the lost ID and the incident.
- Prepare a draft outlining your statement to avoid errors.
Draft the Affidavit:
- Use formal language and structure it properly (see sample below).
- Ensure the content is factual; avoid speculation.
- Type or write it legibly on bond paper.
Visit a Notary Public:
- Locate a notary (e.g., at law offices, malls, or government centers).
- Present your valid ID and sign the affidavit in their presence.
- The notary will administer the oath and affix their seal, signature, and notarial details (e.g., PTR No., O.R. No., doc. no., page no., book no., series of the year).
File a Police Report (if Applicable):
- If the loss was due to theft or pickpocketing, report it to the nearest PNP station for a blotter entry. This costs around PHP 50–100 and strengthens your affidavit.
Submit to the Company:
- Provide the notarized affidavit to your HR department along with any fees for replacement (typically PHP 100–500, varying by company).
- Some companies may require multiple copies or additional forms.
Publication (if Required):
- For sensitive IDs, publish the affidavit in a newspaper (e.g., Philippine Star or Manila Bulletin) for three consecutive weeks. This is rare for company IDs but could apply in corporate settings with high security.
Obtain Replacement:
- Once approved, the company will issue a new ID, often with a notation of replacement.

The entire process can take 1–3 days, excluding publication.

Sample Template for Affidavit of Loss

Below is a standard template. Customize it with your details, but ensure it adheres to Philippine notarial standards.

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [City/Municipality] ) S.S.

AFFIDAVIT OF LOSS

I, [Full Name], of legal age, [civil status], Filipino, and a resident of [Complete Address], after having been duly sworn in accordance with law, do hereby depose and state:

That I am currently employed at [Company Name], with office address at [Company Address], as [Position], with Employee ID No. [ID Number] issued on [Date of Issuance].
That on or about [Date of Loss], at approximately [Time], while I was at [Location and Brief Circumstances, e.g., commuting via public transport in Quezon City], my company ID was lost/misplaced/stolen.
That I exerted diligent efforts to locate the said company ID, including searching my residence, workplace, and retracing my steps, but to no avail.
That the said company ID is not in the possession of any other person and has not been pledged, mortgaged, or delivered to anyone as security.
That I am executing this Affidavit of Loss to attest to the truth of the foregoing facts and for the purpose of securing a replacement company ID from my employer, and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] day of [Month], [Year] at [City/Municipality], Philippines.

[Signature of Affiant]
[Full Name]
Affiant

SUBSCRIBED AND SWORN to before me this [Date] day of [Month], [Year] at [City/Municipality], Philippines, affiant exhibiting to me his/her [Valid ID Type and Number], issued on [Issuance Date] at [Issuance Place].

Doc. No. ____;
Page No. ____;
Book No. ____;
Series of [Year].

[Signature of Notary Public]
[Name of Notary Public]
Notary Public until [Expiration Date]
PTR No. [Number], [Date/Place]
IBP No. [Number], [Date/Place]
Roll No. [Number]
[Notary's Address]

Potential Costs Involved

Notarial Fee: PHP 100–500.
Police Blotter: PHP 50–100.
Replacement Fee: Varies by company (PHP 100–1,000).
Publication: PHP 5,000–10,000 if required (for three issues).
Transportation and Miscellaneous: PHP 200–500.

These are approximate and may vary by location (e.g., higher in Metro Manila).

Common Pitfalls and Best Practices

Incomplete Details: Omitting key facts can invalidate the affidavit. Always include specifics.
False Statements: Avoid exaggeration; perjury is a serious offense.
Notarization Errors: Ensure the notary is active and uses the correct jurat format.
Company-Specific Rules: Some employers (e.g., in BPO or banking) may require HR approval before notarization.
Digital Alternatives: In post-COVID Philippines, some companies accept e-notarized affidavits via platforms compliant with Republic Act No. 8792 (Electronic Commerce Act), but confirm first.
Best Practice: Keep photocopies of important documents and report losses immediately to minimize risks.

Related Legal Considerations

Data Privacy: Under Republic Act No. 10173 (Data Privacy Act), companies must handle lost ID reports securely to protect personal data.
Labor Implications: Prolonged absence of ID might affect payroll or access; coordinate with HR promptly.
If Found Later: Execute an Affidavit of Recovery if the ID is recovered, to nullify the loss declaration.
For Expats or OFWs: If the affiant is abroad, the affidavit can be executed at a Philippine consulate under the Vienna Convention on Consular Relations.
Variations for Other IDs: This process is similar for other lost items but may differ for government IDs (e.g., requiring CEDULA or more publications).

In summary, preparing an Affidavit of Loss for a company ID is an essential administrative step rooted in Philippine legal principles of diligence and accountability. By following this guide, individuals can navigate the process efficiently while ensuring compliance. For personalized advice, consult a lawyer or your company's legal team.