How to Prepare an Affidavit of Loss in the Philippines

An Affidavit of Loss is a sworn written statement declaring that an item or document has been lost (or sometimes destroyed), describing the circumstances of the loss, and affirming efforts taken to locate it. In the Philippines, it is commonly required by government agencies, banks, schools, employers, and private entities before they issue a replacement document, reprint an ID, release a new certificate, or process a related request.

This article explains what an Affidavit of Loss is, when it’s needed, what it must contain, how to execute it properly, and practical tips to avoid delays.

1) What an Affidavit of Loss Is

An Affidavit of Loss is a notarized affidavit—a statement made under oath—executed by the person who lost the document or property (the affiant). It is evidence that:

  • a specific item/document existed,
  • it is now missing (lost, misplaced, or sometimes destroyed),
  • the affiant is acting in good faith in requesting a replacement or taking the next legal/administrative step.

It is not, by itself, a “replacement,” nor does it automatically create or transfer rights. It is primarily used to support a transaction or request.

2) Common Situations Where It’s Required

Affidavits of Loss are frequently requested for:

Government-issued IDs and records

  • Driver’s license, student permit
  • National ID (PhilSys) transaction-related requirements (as required by entity)
  • Passport (often with additional requirements)
  • Civil registry documents (birth/marriage certificates) if prior copies are lost
  • NBI clearance / police clearance printouts (depending on requesting party)
  • Voter’s ID/records (as applicable)

Financial instruments and bank matters

  • ATM card, passbook
  • Checkbook, issued check, deposit slip
  • Bank certificate or bank statement copies (depending on policy)
  • Remittance receipts

Employment / education documents

  • Diploma, TOR, certificates, company IDs
  • Employment records, training certificates
  • PRC-related papers (if applicable)

Property-related documents and contracts

  • Titles, tax declarations, deeds, contracts, leases (often with extra steps)
  • OR/CR (vehicle registration documents)
  • Insurance policies

Consumer and private transactions

  • Warranty cards, receipts, membership cards
  • Sim card ownership requirements (as required by provider)

Important: Some institutions require their own format, specific wording, or additional attachments. Many also require that the affidavit be recent (e.g., executed within the last 30–90 days).

3) Affidavit of Loss vs. Police Report

A police report is not always required, but some cases commonly call for it:

  • Lost passport, large-value items, suspected theft, lost firearm, or regulated items
  • Lost checks, checkbooks, or negotiable instruments (often bank policy)
  • Items lost due to a crime (snatching/robbery)

An Affidavit of Loss can exist with or without a police report. If you suspect theft, be careful not to label it as “lost” if it was actually stolen—use accurate wording and comply with institutional requirements.

4) Who May Execute It

The affiant should generally be:

  • the owner of the document/item, or
  • the person in whose name the record is issued, or
  • the person with lawful custody (e.g., parent/guardian for a minor, authorized representative if accepted by the requesting institution).

For minors, many institutions prefer a parent/guardian to execute the affidavit, or both parent and minor, depending on the context.

5) What an Affidavit of Loss Must Contain

There is no single universal template, but a well-prepared affidavit typically includes:

  1. Title

    • “AFFIDAVIT OF LOSS”

  2. Affiant’s personal circumstances

    • Full name
    • Age (optional but common)
    • Citizenship (often included)
    • Civil status (often included)
    • Complete address

  3. Identification of the lost item/document

    • Exact name of document (e.g., “Original Certificate of Employment,” “ATM Card,” “Driver’s License”)
    • Document number, ID number, series number, account number (mask sensitive numbers if appropriate and accepted)
    • Date and place issued (if known)
    • Issuing entity (e.g., LTO, bank branch, school registrar)

  4. Statement of ownership/possession

    • That the item belonged to the affiant / was in lawful custody.

  5. Circumstances of loss

    • When and where it was last seen/used
    • How it was lost (misplaced, left in a vehicle, lost during travel, etc.)
    • Whether there is reason to believe it was stolen (state honestly)

  6. Diligent search

    • Steps taken to locate it (checked home/office, contacted establishments, retraced steps)

  7. Non-recovery and good faith

    • That despite efforts, it could not be found.
    • That it has not been pledged, sold, transferred, or used as security (if applicable)
    • That the affidavit is executed to support a request for replacement / reissuance / cancellation / updating records

  8. Undertaking

    • If the original is found, the affiant will surrender it to the issuing entity and/or notify them.
    • If a replacement has been issued, the affiant will not use the original to avoid double use.

  9. Jurat / Notarial portion

    • The notary’s certification that the affiant personally appeared, was identified, and swore to the truth of the statement.

6) Step-by-Step: How to Prepare and Execute One

Step 1: Confirm the recipient’s requirements

Before drafting, identify:

  • the exact document/item to be described,
  • whether the institution needs specific clauses (e.g., “not used for any illegal purpose,” “not under any lien”),
  • whether attachments are required (IDs, police report, letter request).

Step 2: Draft the affidavit

Use clear, specific language. A typical structure is:

  • introductory paragraph (personal circumstances)
  • declaration of loss (what and identifying details)
  • circumstances and efforts to locate
  • purpose (replacement, reissuance, cancellation)
  • undertaking

Step 3: Print and prepare valid IDs

Notaries will require competent evidence of identity, usually:

  • at least one government-issued photo ID with signature, often two IDs depending on the notary,
  • IDs should be original and valid (not expired), unless the notary accepts otherwise.

Step 4: Appear personally before the notary

Do not sign it in advance unless the notary instructs you to sign in their presence (standard practice is signing before the notary).

Step 5: Notarization

The notary will:

  • verify your identity,
  • administer the oath,
  • witness your signature,
  • affix notarial seal and details.

Step 6: Make copies and submit

  • Keep at least one photocopy and a scanned copy.
  • Submit the original notarized affidavit to the requesting institution (unless they accept certified true copies).

7) Sample Form (General Template)

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, hereby depose and state:

  1. That I am the lawful owner/holder of [describe document/item], bearing [document/ID/account/serial number, if any], issued on [date] at [place/branch/agency] by [issuing entity];

  2. That on or about [date], I discovered that the said [document/item] was missing and may have been lost/misplaced at [place] while [brief explanation of circumstances];

  3. That I exerted diligent efforts to locate the same by [steps taken: retracing steps, checking locations, contacting relevant parties], but despite said efforts, I have been unable to find or recover it;

  4. That the said [document/item] has not been sold, assigned, pledged, or otherwise voluntarily transferred by me, and to the best of my knowledge, it has not been used for any unlawful purpose;

  5. That I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of [requesting replacement/reissuance/cancellation/updating records] of the said [document/item] and for whatever lawful purpose it may serve;

  6. That should the original [document/item] be found or recovered, I undertake to inform [issuing entity/recipient] immediately and to surrender the same as may be required.

IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month] [year] in [City/Municipality], Philippines.

[Signature of Affiant] [Printed Name]

SUBSCRIBED AND SWORN to before me this [day] of [month] [year] in [City/Municipality], Philippines, affiant exhibiting to me his/her competent evidence of identity, [ID type and number], issued on [date] at [place].

Notary Public Doc. No. ___; Page No. ___; Book No. ___; Series of ___.

Notes on the template:

  • Adjust pronouns and wording as needed.
  • If the recipient wants “under oath” statements about non-use, non-transfer, and undertaking, keep those clauses.
  • Do not include unnecessary sensitive details if the recipient does not require them (e.g., full account numbers). Some institutions accept partial masking.

8) Special Considerations by Type of Loss

A) Lost ID cards and government documents

  • Include the ID number and issuing office if known.
  • If the ID was lost together with other items (wallet, bag), you may list them, but keep the affidavit focused on what the institution needs.

B) Lost bank cards, passbooks, checks

  • Call the bank first to block cards or place a stop payment (policy-dependent).
  • Banks may require additional undertakings (liability, indemnity, report of loss timing).
  • Avoid including full account numbers unless required; many banks accept last 4 digits.

C) Lost OR/CR or vehicle-related documents

  • Provide plate number, MV file number (if known), and vehicle details (make/model/year).
  • Some agencies require further verification steps or additional affidavits.

D) Lost land titles or major property documents

  • Affidavit of Loss is usually only one step; there may be notice/publication and court or administrative processes depending on the document type and the responsible registry’s procedures.

E) Lost receipts or minor documents

  • A simple affidavit can work, but many entities accept a written explanation letter instead. Follow the recipient’s requirement.

9) Common Reasons Affidavits Get Rejected

  • Vague description (no document number, no issuing entity, unclear item)
  • No clear date/place/circumstances of loss
  • Wrong purpose clause (doesn’t explicitly say it’s for replacement/reissuance)
  • Signed without notarization when notarization is required
  • Affiant did not personally appear before the notary
  • Mismatch in names/details versus the record (spelling, middle name, suffix)
  • Expired or insufficient IDs presented to the notary
  • Inaccurate statement (claiming “lost” when actually stolen, or claiming certainty without basis)

10) Practical Drafting Tips

  • Use consistent names: if your documents show “Juan P. Dela Cruz,” don’t switch to “Juan dela Cruz.”
  • State an approximate date honestly (“on or about,” “sometime in”) if you can’t recall exactly.
  • Keep it factual. Avoid emotional or speculative statements.
  • If you suspect theft, say so plainly and consider a police report if required.
  • If multiple documents were lost, some institutions accept one affidavit listing them, others require one affidavit per document—follow the recipient’s preference.
  • Ensure the location and date in the notarial portion match where you actually appeared before the notary.

11) Legal Effect and Risks of False Statements

Because an Affidavit of Loss is executed under oath, making a materially false statement can expose the affiant to legal consequences and can jeopardize the replacement request or related transaction. Write only what you know to be true, and phrase uncertain details appropriately (e.g., “to the best of my knowledge,” “I believe,” “I cannot recall the exact time”).

12) Quick Checklist Before Notarization

  • Correct document/item name and identifying details
  • Date/place/circumstances of loss clearly stated
  • Diligent search described
  • Purpose clause (replacement/reissuance/cancellation) included
  • Undertaking to surrender if found
  • Printed and unsigned until in front of notary (unless directed)
  • Valid IDs ready (often two)
  • Copies/scans planned for recordkeeping

13) Short “Fill-in-the-Blanks” Version (For Simple Losses)

If the recipient accepts a simpler format, a compact affidavit can be:

  • Personal details of affiant
  • Identification of document
  • Date/place/circumstances of loss
  • Efforts to locate
  • Purpose of affidavit
  • Undertaking
  • Notarization

Even in short form, clarity and specific identifiers prevent rejection.

14) When to Seek Additional Documentation

An Affidavit of Loss may not be enough when:

  • the lost item is a negotiable instrument (checks, certain securities),
  • the loss involves identity fraud risk,
  • the document is foundational to ownership rights (titles),
  • the institution requires indemnity, publication, or additional sworn statements.

In those cases, expect the requesting entity to impose supplemental requirements beyond the affidavit.

15) Summary

Preparing an Affidavit of Loss in the Philippines is primarily about precision (clearly identifying the lost item), credibility (explaining circumstances and diligent search), and proper execution (personal appearance and notarization). A well-drafted affidavit reduces processing delays and supports lawful replacement or administrative action.

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

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