Losing an important ID, passport, land title, receipt, certificate, company document, or government-issued paper can feel stressful because many offices will not issue a replacement based on a simple explanation. In the Philippines, the document usually asked for first is an Affidavit of Loss: a sworn written statement explaining what was lost, how it was lost, what efforts you made to find it, and why you need a replacement.
An Affidavit of Loss is not just a formality. Once signed under oath and properly notarized, it becomes a document with legal consequences. A clear and truthful affidavit can help you replace a lost document smoothly. A vague, inaccurate, or careless affidavit can delay your transaction, be rejected by the government office or private institution, or even expose you to perjury if it contains a deliberate false statement.
This guide explains what an Affidavit of Loss is, when you need one, what to write, how to notarize it, what documents to bring, common mistakes to avoid, and special rules for passports, land titles, foreigners, and documents executed abroad.
What Is an Affidavit of Loss in the Philippines?
An Affidavit of Loss is a written statement made under oath by a person who lost a document, ID, item, or property. The person making the statement is called the affiant.
In simple terms, you are telling an authorized officer, usually a notary public, that:
- You owned, possessed, or were responsible for the lost item.
- The item was lost, stolen, misplaced, damaged, or destroyed.
- You made reasonable efforts to look for it.
- You can no longer find or recover it.
- You are executing the affidavit for a lawful purpose, usually to request replacement, cancellation, annotation, or reissuance.
Common uses include replacing or reporting the loss of:
- Philippine passport
- Driver’s license
- PRC ID
- company ID or school ID
- ATM card, passbook, credit card, or checkbook
- stock certificates or membership certificates
- official receipts, certificates of registration, or tax documents
- vehicle OR/CR or plate-related documents
- owner’s duplicate certificate of land title
- insurance policy
- birth, marriage, or school records
- business permits and corporate documents
An Affidavit of Loss does not automatically replace the lost document. It usually serves as a supporting document for the government agency, bank, school, employer, private company, or court that will process the replacement.
Legal Basis and Legal Effect of an Affidavit of Loss
It Is a Sworn Statement Under the Rules on Notarial Practice
Most Affidavits of Loss in the Philippines are notarized by a notary public. Under the 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, a person signing a jurat or sworn statement must personally appear before the notary, be identified through competent evidence of identity, sign in the notary’s presence, and take an oath or affirmation. The rules define competent evidence of identity as at least one current official ID bearing the person’s photograph and signature, or credible witnesses in the limited situations allowed by the rules.
This is why a notary should not notarize an Affidavit of Loss if:
- the affiant is not personally present;
- the affidavit was already signed elsewhere and the notary did not see the signing;
- the affiant has no acceptable identification;
- the affidavit is blank, incomplete, or unsigned; or
- the notary is outside the place where he or she is commissioned to notarize.
Notarization Gives the Document Stronger Evidentiary Value
The Supreme Court has repeatedly said that notarization is not an empty routine. A notarized document is treated as a public document and is generally admissible in evidence without further proof of authenticity. (Supreme Court E-Library)
For ordinary readers, this means a notarized Affidavit of Loss carries more legal weight than a simple signed letter. That is why agencies and private institutions often require it before acting on a loss report.
False Statements May Lead to Perjury
Because an Affidavit of Loss is made under oath, lying in it can have serious consequences. Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594 (2021), punishes a person who knowingly makes an untruthful statement under oath or in an affidavit on a material matter before a competent person authorized to administer an oath. The amended penalty includes prision mayor in its minimum period, and in certain cases involving public officers, additional penalties and a fine of up to ₱1,000,000. (Lawphil)
The Supreme Court has described the elements of perjury under Article 183 as including a statement under oath or affidavit on a material matter, made before a competent officer, containing a willful and deliberate falsehood, and required by law or made for a legal purpose. (Lawphil)
A common risky statement is: “The document was not confiscated, surrendered, pledged, used as collateral, or unlawfully transferred.” Do not include this if it is not true.
Some Losses Have Special Legal Procedures
For many IDs and ordinary documents, the affidavit is only one requirement for replacement. But for land titles, the law is stricter.
Under Section 109 of Presidential Decree No. 1529, or the Property Registration Decree, the owner must send due notice under oath to the Register of Deeds when an owner’s duplicate certificate of title is lost or stolen, and the replacement of the owner’s duplicate title requires a court proceeding. (Lawphil)
This means a lost land title is not solved by an Affidavit of Loss alone. Usually, the owner must file a petition in the proper Regional Trial Court after notifying the Register of Deeds.
When Do You Need an Affidavit of Loss?
You usually need an Affidavit of Loss when an office must protect itself before issuing a replacement or accepting that an original document is no longer available.
| Lost item or document | Is an Affidavit of Loss commonly required? | Practical notes |
|---|---|---|
| Philippine passport | Yes | Lost valid passports usually also require a police report and may involve a clearing period. |
| Driver’s license | Yes | LTO replacement procedures may require appearance, ID verification, and payment of duplicate license fees. |
| PRC ID | Yes | PRC duplicate PIC applications usually require an online transaction, payment, appointment, and supporting documents. |
| School ID or company ID | Often | Some schools or employers use their own internal form. |
| ATM card or passbook | Often | Report the loss to the bank immediately before preparing the affidavit. |
| Checkbook | Often | Banks may require immediate stop-payment instructions. |
| Vehicle OR/CR | Yes, commonly | LTO may require additional forms, IDs, and verification. |
| BIR Certificate of Registration | Often | The RDO may require BIR forms, ID, authorization, and payment of replacement fees. |
| Owner’s duplicate land title | Yes, but not enough | Notice to Register of Deeds and court petition may be required under P.D. No. 1529. |
| Lost receipt or sales invoice | Sometimes | Depends on whether the receipt is needed for warranty, accounting, insurance, or tax purposes. |
How to Prepare an Affidavit of Loss Step by Step
1. Confirm the Exact Requirement of the Office
Before drafting, check what the receiving office wants. Requirements differ.
For example:
- A bank may require its own loss report form plus an affidavit.
- A school may accept a simple notarized affidavit.
- A passport office may require a police report, especially for a lost valid passport.
- The Register of Deeds and court require a more formal process for land titles.
- A foreign embassy, foreign employer, or overseas school may require apostille or consular authentication.
Ask whether the affidavit must mention specific details such as document number, issue date, issuing office, account number, or a statement that the item was not confiscated or pledged.
2. Gather the Important Facts
Write down the facts before you draft. At minimum, prepare:
- your full legal name;
- age, civil status, citizenship, and address;
- valid ID details;
- description of the lost item;
- document number, account number, title number, passport number, license number, or certificate number, if known;
- date and place of issuance, if known;
- date, time, and place of loss, if known;
- circumstances of loss;
- steps taken to search for or report the loss;
- purpose of the affidavit.
If you do not know the exact time or place, say so honestly. It is better to write “sometime in March 2026, while transferring residence from Quezon City to Makati” than to invent a specific date.
3. Draft the Affidavit Clearly
A good Affidavit of Loss should be factual, specific, and simple. Avoid emotional statements, accusations, and unnecessary legal jargon.
A standard affidavit usually contains:
Caption or title Example: “Affidavit of Loss”
Affiant’s personal circumstances Example: “I, Juan Dela Cruz, Filipino, of legal age, single, and residing at…”
Ownership or possession of the lost item Example: “I am the holder of Philippine Passport No. P1234567…”
Circumstances of loss Example: “On or about 10 May 2026, while commuting from Ortigas to Cubao, I discovered that my wallet containing my driver’s license was missing.”
Diligent search Example: “I exerted diligent efforts to locate the same, including checking my bag, contacting the establishment I visited, and asking the transport terminal, but it could no longer be found.”
Statement that the item was not unlawfully used, surrendered, confiscated, pledged, or transferred Include this only if true and relevant.
Purpose Example: “I am executing this affidavit to request the issuance of a replacement driver’s license and for all lawful purposes.”
Signature block and jurat The jurat is the notarial part usually beginning with “Subscribed and sworn to before me…”
4. Bring the Right Documents to the Notary
A notary public will usually ask for:
| Requirement | Why it matters |
|---|---|
| Original valid government-issued ID with photo and signature | Required to verify your identity under the notarial rules. |
| Draft affidavit | The notary may review or revise it before notarization. |
| Photocopy or photo of lost document, if available | Helps identify the lost item accurately. |
| Police report, if stolen or required | Common for stolen wallets, lost passports, and suspected theft. |
| Authorization document, if signing for a company | A corporation or partnership must act through an authorized representative. |
| Special power of attorney, if a representative will transact later | Some agencies require this separately from the affidavit. |
Do not rely on a community tax certificate or cedula alone. In practice, most notaries require a current government-issued ID with photo and signature.
5. Sign Before the Notary Public
Do not sign the affidavit at home unless the notary specifically instructs you and will still comply with notarial requirements. The proper practice is to sign in front of the notary, present your ID, and swear to the truth of the contents.
After notarization, check the following before leaving:
- your name is spelled correctly;
- the lost item details are correct;
- the date and place of notarization are correct;
- the notarial seal is clear;
- the notary signed the document;
- the notarial register details are complete;
- your ID details are correctly stated in the jurat.
6. Submit the Affidavit With the Replacement Application
Bring the original notarized affidavit unless the office says a photocopy or scanned copy is enough. Many agencies still require the original.
Keep at least two photocopies or scanned copies for your records. If the lost item later appears, notify the office that issued the replacement. Do not keep using both the old and new versions.
Sample Affidavit of Loss Format
Below is a simple general format. Adjust the wording depending on what was lost and what the receiving office requires.
AFFIDAVIT OF LOSS
I, [Full Name], [citizenship], of legal age, [civil status], and residing at [complete address], after having been duly sworn in accordance with law, state:
I am the lawful holder/owner/possessor of [describe lost document or item], with the following details: [document number, account number, issue date, issuing office, if available].
On or about [date], at or near [place], I discovered that the said [document/item] was missing/lost. The loss occurred under the following circumstances: [briefly narrate what happened].
I exerted diligent efforts to locate the said [document/item], including [state search efforts], but despite such efforts, it could no longer be found and is now beyond recovery.
To the best of my knowledge, the said [document/item] has not been confiscated, surrendered, pledged, transferred, sold, or used for any unlawful purpose.
I am executing this Affidavit of Loss to request [replacement/reissuance/cancellation/annotation] of the said [document/item] and for all lawful purposes.
IN WITNESS WHEREOF, I have signed this affidavit on [date] in [city/province], Philippines.
[Signature over printed name]
SUBSCRIBED AND SWORN to before me this [date] in [city/province], affiant exhibiting to me competent evidence of identity, namely [ID details].
Special Situations and Practical Guidance
Lost Philippine Passport
For a lost Philippine passport, especially a lost valid passport, prepare for stricter requirements. Philippine consular posts commonly require an Affidavit of Loss and police report for a lost valid passport, while lost expired passports may have different requirements depending on the post. Some DFA posts also impose a clearing period before processing a replacement for a lost valid passport. For example, the Philippine Consulate General in Nagoya states that lost passport applicants must submit an Affidavit of Loss, police report, available copy of the passport data page, PSA documents, Philippine ID, and that there is a 15-day clearing period before processing a replacement of a lost valid passport. (nagoyapcg.dfa.gov.ph)
If your passport was stolen, report it to the police immediately. If you are abroad, contact the nearest Philippine Embassy or Consulate. A travel document may be issued in urgent cases, but the requirements and fees vary by post.
Lost Owner’s Duplicate Land Title
A lost land title is one of the most sensitive Affidavit of Loss situations in the Philippines.
If the lost document is the owner’s duplicate certificate of title, the affidavit is usually only the first step. Section 109 of P.D. No. 1529 requires notice under oath to the Register of Deeds, and replacement normally requires a court petition. (Lawphil)
Important warnings:
- Do not state that a title is lost if another person is actually holding it.
- If the title is being wrongfully withheld, the correct remedy may be different from replacement due to loss.
- Courts may require evidence beyond the Affidavit of Loss, such as testimony, certified true copies, tax declarations, and Registry of Deeds certifications.
- Expect this process to take months, not days.
Lost Company Documents
If the lost document belongs to a corporation, partnership, association, or business, the affidavit should usually be executed by an authorized representative.
The affidavit should state:
- the name of the entity;
- the affiant’s position;
- authority to execute the affidavit;
- description of the lost document;
- how the document was kept and lost;
- efforts made to locate it;
- purpose of replacement.
The receiving office may also ask for a secretary’s certificate, board resolution, special power of attorney, business registration documents, or valid IDs of both the representative and the owner.
Lost ATM Card, Passbook, Checkbook, or Credit Card
For bank-related losses, report the loss to the bank first. Do not wait for the affidavit before blocking a card or reporting a missing checkbook.
For checkbooks, ask the bank about stop-payment procedures. The affidavit should accurately state the check numbers if known. A careless affidavit involving checks can create serious financial risk if missing checks are later negotiated.
If the Document Was Stolen, Not Merely Lost
If your wallet, bag, passport, phone, or documents were stolen, a police report is often useful and sometimes required. The affidavit should say “stolen” only if that is what happened. If you are not sure whether it was stolen or misplaced, use careful wording such as:
- “I discovered that the item was missing.”
- “It may have been lost or stolen.”
- “I reported the incident to the police because the circumstances suggested theft.”
If You Are a Foreigner in the Philippines
Foreigners may execute an Affidavit of Loss in the Philippines. Bring your passport, ACR I-Card if applicable, and any local ID or document connected with the lost item.
If the affidavit will be used before a Philippine office, a Philippine notarized affidavit is usually appropriate. If the affidavit will be used in another country, ask the receiving foreign office whether it requires notarization, apostille, embassy legalization, or a specific format.
If You Are Abroad and the Affidavit Will Be Used in the Philippines
If you are outside the Philippines, you generally have two practical options:
- Execute the affidavit before the Philippine Embassy or Consulate, if the post offers notarization or acknowledgment services.
- Execute it before a local notary and have it apostilled or authenticated, depending on the rules of the country where you are.
The Philippines became a party to the Apostille Convention on 14 May 2019, so apostille is commonly used for documents between Apostille Convention countries. (Apostille Philippines) For private documents notarized abroad, some Philippine Embassy guidance explains the usual sequence as local notarization, apostille by the competent authority, then use of the document in the Philippines. (Philippine Embassy)
If the country is not part of the Apostille Convention, consular authentication may still be required.
Electronic Notarization
The Supreme Court approved the Rules on Electronic Notarization under A.M. No. 24-10-14-SC. These rules introduce Electronic Notaries Public who may perform electronic notarial acts for principals located anywhere in the Philippines and, in certain cases, abroad. (Supreme Court of the Philippines)
In practice, however, many everyday transactions still use traditional paper notarization, and not all receiving offices are equally ready to accept electronically notarized affidavits. Before relying on e-notarization for an Affidavit of Loss, confirm that the bank, agency, school, court, or foreign office will accept it.
Common Mistakes That Cause Rejection or Delay
Using a Generic Template Without Details
A one-paragraph affidavit saying “I lost my ID and cannot find it” may be rejected if the agency needs the ID number, issue date, issuing office, or circumstances of loss.
Add the details that make the lost item identifiable.
Saying the Item Was “Stolen” Without a Police Report
If you say the item was stolen, many offices will expect a police report. If you only misplaced it, say it was lost or misplaced.
Signing Before Meeting the Notary
A valid notarization requires personal appearance and proper identification. Signing somewhere else and asking another person to “have it notarized” is a common but improper practice.
Forgetting to State the Purpose
The receiving office wants to know why the affidavit was executed. State the purpose clearly:
- for replacement of a lost driver’s license;
- for cancellation and replacement of a lost ATM card;
- for issuance of a duplicate PRC ID;
- for reporting the loss of a passport;
- for annotation and replacement proceedings involving a land title.
Claiming the Document Was Not Confiscated When It Was
For driver’s licenses, passports, IDs, vehicle documents, and permits, agencies may check whether the document was confiscated, suspended, canceled, or surrendered. A false statement can create bigger problems than the loss itself.
Not Matching the Name on the Lost Document
Use the exact name appearing on the lost document. If your current name is different because of marriage, annulment, correction of entry, or naturalization, attach supporting documents or explain the discrepancy.
Practical Checklist Before You Go to the Notary
Before notarization, review this checklist:
- Correct full name, address, citizenship, civil status, and age
- Accurate description of the lost document or item
- Document number or account number, if known
- Date and place of issuance, if known
- Honest explanation of when, where, and how the loss happened
- Search efforts described
- Police report obtained, if stolen or required
- Purpose of the affidavit stated
- Valid government-issued ID ready
- Supporting photocopies ready
- No false statement about confiscation, pledge, transfer, or surrender
- Correct receiving office or agency named, if needed
Estimated Fees and Timelines
Actual fees vary by location, document type, urgency, and office policy.
| Item | Typical practical range or timeline |
|---|---|
| Drafting a simple Affidavit of Loss | Often same day |
| Notarization by private notary | Commonly around ₱100 to ₱500 for simple affidavits, but may be higher depending on location and complexity |
| Police report | Often same day, depending on station procedure |
| Bank card replacement | Same day to several banking days |
| School or company ID replacement | Same day to several days |
| Driver’s license replacement | Often same day if records and system are available, but branch conditions vary |
| Passport replacement for lost valid passport | Longer than ordinary renewal; some posts impose a clearing period |
| Lost owner’s duplicate land title | Usually months because court proceedings are involved |
For government transactions, always check the current fee schedule of the specific office. Fees and processing times can change, and local branches may implement procedures differently.
Frequently Asked Questions
Can I write my own Affidavit of Loss?
Yes. You may draft your own Affidavit of Loss as long as it is clear, truthful, complete, and properly notarized. Many people use a template, but you should revise it to match your actual facts and the requirements of the receiving office.
Does an Affidavit of Loss always need to be notarized?
For most official Philippine transactions, yes. Agencies, banks, schools, and companies usually require a notarized Affidavit of Loss because they need a sworn statement, not just an ordinary letter. Some internal company or school processes may accept an unsworn form, but that is the exception.
What valid ID do I need for notarization?
Bring at least one current government-issued ID with your photograph and signature, such as a passport, driver’s license, PRC ID, SSS/UMID, GSIS ID, PhilHealth ID, senior citizen ID, voter’s ID where accepted, postal ID where accepted, or ACR I-Card for foreigners. The notary may ask for additional ID if the first one is unclear, expired, unsigned, or inconsistent with your affidavit.
What if I lost all my IDs?
Tell the notary before drafting. The notarial rules allow identification through credible witnesses in limited circumstances, but many notaries are cautious and may refuse if identity cannot be reliably established. You may need to first secure a replacement government ID, certification, police report, or other supporting document.
Do I need a police report for an Affidavit of Loss?
Not always. A police report is commonly required or strongly recommended when the item was stolen, when a passport was lost, when a wallet containing IDs and bank cards was taken, or when the receiving office specifically asks for it. For a simple misplaced school ID or company ID, a police report may not be necessary.
Can I use one Affidavit of Loss for several lost items?
Yes, if the items were lost in the same incident and the receiving offices will accept it. For example, if your wallet containing your driver’s license, ATM card, and company ID was lost, one affidavit can describe all of them. However, some agencies prefer an affidavit specifically addressed to their document, so check first.
What if I find the lost document after getting a replacement?
Do not use both. Inform the issuing office and follow its instruction. Often, the old document becomes invalid once a replacement is issued. Using both may cause suspicion of fraud, duplication, or unauthorized use.
Can a representative execute the Affidavit of Loss for me?
Usually, the person with personal knowledge of the loss should execute the affidavit. A representative may transact for you later through a special power of attorney, but the affidavit itself should ideally be signed by the person who lost the document or who had custody of it. For companies, an authorized officer or representative may sign if he or she can truthfully state the facts.
Can a foreigner execute an Affidavit of Loss in the Philippines?
Yes. A foreigner may execute an Affidavit of Loss before a Philippine notary public. The foreigner should bring a passport, ACR I-Card if applicable, and supporting documents related to the lost item. If the affidavit will be used abroad, the receiving foreign office may require apostille or another authentication process.
Is an Affidavit of Loss enough to replace a lost land title?
No. For an owner’s duplicate certificate of title, the affidavit is usually only part of the process. Section 109 of P.D. No. 1529 requires notice under oath to the Register of Deeds and a court proceeding for replacement. Land title loss is a court-sensitive matter because titles affect ownership and third-party rights.
Key Takeaways
- An Affidavit of Loss is a sworn statement explaining the loss of a document, ID, item, or property.
- It should clearly state what was lost, how it was lost, what efforts were made to find it, and why the affidavit is being executed.
- Proper notarization requires personal appearance, competent proof of identity, and signing under oath.
- False statements in an affidavit can lead to perjury under Article 183 of the Revised Penal Code, as amended by RA 11594.
- Some losses, especially lost passports and lost land titles, have extra requirements beyond a simple affidavit.
- If the affidavit will be used abroad or signed abroad for use in the Philippines, check apostille or consular authentication requirements.
- A careful, truthful, and specific affidavit saves time and reduces the chance of rejection.