In the Philippines, an Affidavit of Loss is a legal document used to formally declare the loss of a specific item. It is a sworn statement made under oath, serving as primary evidence that an object is no longer in the possession of the owner, usually due to inadvertent loss, theft, or destruction.
This document is almost always a prerequisite for the replacement of government IDs, bank cards, or ownership titles.
What is an Affidavit of Loss?
An Affidavit of Loss is a type of "Affidavit"—a written statement of facts voluntarily made by an "Affiant" (the person making the statement) under an oath or affirmation administered by a person authorized by law, typically a Notary Public.
In the Philippine legal system, this document serves two primary purposes:
- Notice to Authorities: It informs the issuing agency or the public that the original document or item is missing and should be considered void.
- Request for Replacement: It acts as the formal basis for a request to issue a duplicate or a new version of the lost item.
Essential Components of the Affidavit
To be legally valid and acceptable to government agencies (like the LTO, DFA, or PRC) or private institutions (like banks), the affidavit must contain specific details:
1. The Title
The document should be clearly labeled as "Affidavit of Loss" at the top center.
2. Statement of the Affiant
This section identifies the person making the claim. It includes:
- Full Name
- Citizenship (e.g., Filipino)
- Civil Status (Single, Married, Widow/er)
- Current Residence Address
3. Description of the Lost Item
Precision is critical here. If the description is too vague, the agency may reject the affidavit.
- For IDs: Mention the ID number, the date of issuance, and the issuing agency.
- For Vehicles: Include the make, model, plate number, and engine/chassis number.
- For Land Titles: Include the TCT (Transfer Certificate of Title) number and the Registry of Deeds location.
4. Circumstances of the Loss
A brief narration of how the item was lost is required. You do not need to write a novel, but you must state the approximate date, time, and location where you discovered the item was missing. If you are unsure, you may state that the item was "misplaced despite diligent efforts to locate the same."
5. Purpose of the Affidavit
The affiant must state that the document is being executed "to attest to the truth of the foregoing facts" and for whatever legal purpose it may serve (usually "to secure a replacement").
6. Signature and Jurat
The affiant must sign the document above their printed name. Below this is the Jurat—the portion where the Notary Public certifies that the affiant appeared before them, showed valid identification, and swore to the truth of the contents.
Step-by-Step Process to Prepare the Document
Step 1: Drafting
You can draft the affidavit yourself using templates available online, or you can have it drafted at a law office or a "notary stall" commonly found near government agencies. Ensure all personal details and item descriptions are accurate.
Step 2: Verification of Identity
Prepare a valid government-issued ID. Under the 2004 Rules on Notarial Practice, a Notary Public cannot notarize a document unless the affiant is personally known to them or provides "Competent Evidence of Identity."
Note: A Community Tax Certificate (Cedula) is often requested in the Philippines for notarization, though a passport, Driver’s License, or UMID is legally preferred.
Step 3: Signing and Notarization
Go to a Notary Public. Do not sign the document beforehand. You must sign it in the presence of the notary. The notary will then stamp the document, assign a Document Number, Page Number, and Book Number, and record it in their Notarial Register.
Step 4: Payment of Fees
Notarial fees vary. A simple Affidavit of Loss for an ID typically costs between PHP 100 to PHP 500, depending on the location and the complexity of the lost item (e.g., land titles usually command higher fees).
Common Items Requiring an Affidavit of Loss
| Category | Specific Examples |
|---|---|
| Government IDs | Driver’s License, Passport, PRC License, PhilHealth ID, Voter's ID. |
| Financial Items | ATM Cards, Passbooks, Checkbooks, Stock Certificates. |
| Ownership Proof | Car Registration (OR/CR), Land Titles, Sales Invoices. |
| Academic/Work | Diploma, Transcript of Records (TOR), Company ID. |
Legal Consequences and Precautions
It is vital to be truthful when executing an Affidavit of Loss. In the Philippines, an affidavit is a statement made under oath.
- Perjury: If you knowingly lie in an affidavit (e.g., claiming an ID is lost when it was actually confiscated for a traffic violation), you can be charged with Perjury under Article 183 of the Revised Penal Code. This is a criminal offense punishable by imprisonment.
- Recovery of Lost Item: If you find the original item after the affidavit has been notarized and a replacement has been requested, you should generally surrender the old item to the issuing agency to avoid confusion or allegations of fraud.
Is there a specific item you are looking to replace, or are you drafting this for a particular government agency?