Losing an important document can block a passport application, vehicle transaction, bank claim, professional-license replacement, or property transaction. In the Philippines, the usual first step is an Affidavit of Loss: a sworn written statement explaining what was lost, how the loss happened, and why a replacement or other official action is needed. A properly prepared affidavit can be completed and notarized in one visit, but incomplete facts, invalid identification, improper notarization, or failure to follow the receiving agency’s own requirements can cause rejection.

What Is an Affidavit of Loss?

An Affidavit of Loss is a written statement made under oath by the person who lost—or has direct knowledge of the loss of—a document, identification card, certificate, receipt, plate, device, or other property.

The person making the affidavit is called the affiant. By signing under oath, the affiant declares that the statements are true and accepts possible legal consequences for deliberately providing false information.

An Affidavit of Loss commonly supports applications involving:

Lost passports
Driver’s licenses and student permits
Vehicle plates, stickers, official receipts, or certificates of registration
Company, school, or professional identification cards
Passbooks, checks, certificates of deposit, or similar banking instruments
Stock certificates and corporate records
Insurance policies and receipts
Owner’s duplicate certificates of land title
Original contracts, permits, clearances, and certificates

The affidavit is normally a supporting document, not the replacement itself. It does not automatically cancel the missing item, prove ownership beyond dispute, or require an agency to issue a new document. The issuing office still evaluates the application under its own laws, regulations, and internal procedures.

Legal Basis for an Affidavit of Loss in the Philippines

Affidavits are ordinarily notarized through a jurat

An affidavit is normally completed using a jurat, usually introduced by the words “Subscribed and sworn to before me.”

Under the Supreme Court’s 2004 Rules on Notarial Practice, a jurat requires the affiant to:

Appear before the notary public;
Present the document;
Establish identity through personal knowledge or competent evidence of identity;
Sign the document in the notary’s presence; and
Take an oath or affirmation regarding the document.

This is different from an acknowledgment, where a person confirms that an already signed document is his or her free and voluntary act. Because an affidavit contains sworn factual statements, the jurat is generally the appropriate notarial act.

Personal appearance is a real legal requirement

For traditional paper notarization, the affiant must personally appear before the commissioned notary. Sending a signed affidavit through a messenger, asking a relative to have it notarized, or emailing a signature page to a lawyer does not satisfy the traditional rules.

The notary must refuse notarization when the signer is absent or cannot be properly identified. The notary may also refuse when there is reason to believe the transaction is unlawful, the signer does not understand its consequences, or the signer is not acting voluntarily.

The Supreme Court has repeatedly disciplined notaries who notarized documents without actual personal appearance. An irregular notarization can strip a document of the evidentiary presumptions normally attached to a properly notarized public document. (Lawphil)

Valid identification is required

The 2008 amendment to the Notarial Rules defines competent evidence of identity as at least one current identification document issued by an official agency and bearing the person’s photograph and signature. Examples include a passport, driver’s license, PRC ID, SSS card, GSIS card, senior citizen ID, seaman’s book, or Alien Certificate of Registration. (Lawphil)

A community tax certificate or cedula is not sufficient by itself because it generally does not contain both a photograph and signature. Private company or school IDs may also be rejected because the rule requires identification issued by an official agency. (Lawphil)

When the affiant has no acceptable government-issued ID, the rules provide a credible-witness procedure:

One credible witness who is personally known to the notary and personally knows the affiant; or
Two credible witnesses who personally know the affiant and present their own competent identification.

The witnesses must not have an interest in the affidavit or the transaction.

False affidavits can lead to criminal liability

An Affidavit of Loss should never be used to cancel, replace, or transfer a document that is not genuinely lost. Under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594 of 2021, knowingly making an untruthful statement under oath about a material matter may constitute perjury. The amended law increased the penalty for perjury to prision mayor in its minimum period, subject to the specific circumstances of the case. (Lawphil)

Falsifying signatures, identification, notarial details, or supporting documents may also result in prosecution under the Revised Penal Code provisions on falsification. Notarization does not protect a forged or fraudulent document; the Supreme Court has emphasized that a document proven to be fake remains invalid even when it appears to have been notarized. (Supreme Court of the Philippines)

When Is an Affidavit of Loss Required?

There is no single law requiring an affidavit for every lost document. The requirement usually comes from the law governing the particular item, an agency’s citizen’s charter, or the issuing institution’s replacement policy.

Lost item	Practical requirement
Philippine passport	Section 15 of Republic Act No. 11983, the Philippine Passport Act of 2024, requires immediate reporting to the DFA or a Foreign Service Post through an affidavit detailing the loss or destruction. A police report may also be required, particularly for a lost valid passport. (Lawphil)
Driver’s license or student permit	The LTO’s duplicate-license procedure requires presentation of the original Affidavit of Loss. Applicants must also comply with current LTO application and identification requirements. (Land Transportation Office)
Vehicle plate, RFID sticker, OR, or CR	LTO procedures vary according to the missing item and may require an affidavit, inspection, police documentation, or other supporting records. The current LTO citizen’s charter should be checked before filing. (Land Transportation Office)
Bank document, passbook, check, or ATM card	The bank’s internal policy controls. Immediate blocking or stop-payment instructions should not be delayed while waiting for notarization.
Company, school, or private ID	The issuing organization may prescribe its own form, authorization, fee, clearance, or publication requirement.
Owner’s duplicate land title	An affidavit alone is not enough to obtain a replacement. Section 109 of Presidential Decree No. 1529 requires notice under oath to the Register of Deeds and a court petition, notice, and hearing before a new owner’s duplicate may be issued. (Lawphil)

How to Prepare an Affidavit of Loss Step by Step

1. Confirm the receiving office’s exact requirements

Before drafting anything, identify the office that will receive the affidavit and ask or check:

Whether it has a prescribed affidavit form
Whether the affidavit must contain specific undertakings
Whether a police report or blotter entry is required
Whether the document must have been reported lost within a particular period
Whether an original notarized copy is required
Whether photocopies of the lost item or other proof of ownership are needed
Whether the affidavit must be recently executed
Whether the applicant must appear personally during the replacement process

An affidavit prepared for one office may not satisfy another. A generic statement such as “I lost my ID and cannot find it” may be insufficient for passports, land titles, checks, vehicle documents, and other sensitive records.

2. Gather accurate identifying information

Collect as much information as possible about the missing item:

Complete name appearing on the document
Document or identification number
Date and place of issuance
Issuing office or institution
Expiration date
Account, vehicle, property, or membership number
Distinguishing details
Photocopy, photograph, scan, receipt, or electronic record of the missing item

For a lost passport, include the passport number and issue details when available. For vehicle records, include the plate number, chassis number, engine number, and certificate details relevant to the transaction. For a land title, identify the title number, registered owner, property location, and Registry of Deeds.

Do not invent a number or date. When a detail cannot be remembered, state that it is unknown and provide available supporting records.

3. Reconstruct the circumstances of the loss

A useful affidavit should answer:

When was the item last seen or used?
Where was it kept?
When and where was the loss discovered?
Was it lost, stolen, accidentally destroyed, or damaged?
What search efforts were made?
Was the incident reported to the police, barangay, issuing agency, bank, employer, or security office?
Is there any reason to suspect unauthorized use?
What action is being requested?

When the exact date or place is uncertain, use honest qualifying language such as “on or about,” “sometime between,” or “at an undetermined place while travelling from.” False precision can create inconsistencies later.

If theft is suspected, describe it as theft or suspected theft rather than merely saying the item was misplaced. This helps the receiving office assess fraud risks and determine whether a police report is needed.

4. Draft the affidavit with all essential parts

A well-prepared Affidavit of Loss generally contains the following:

Caption and venue

The document usually begins with:

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

The venue should correspond to the place where the affidavit is actually notarized, not necessarily where the loss happened or where the affiant lives.

Affiant’s personal details

Include the affiant’s:

Complete legal name
Age or statement that the affiant is of legal age
Citizenship
Civil status, when relevant
Complete present address
Capacity, such as owner, registered holder, corporate representative, parent, or authorized agent

A foreign national may use a valid foreign passport or appropriate Philippine immigration identification. Citizenship does not prevent a person from executing an affidavit in the Philippines.

Numbered factual statements

A basic factual structure may read:

I, [COMPLETE NAME], of legal age, [citizenship], [civil status],
and residing at [complete address], after having been duly sworn,
state:

1. I am the lawful owner/holder of [complete description of item];

2. The item bears the following identifying details:
   [document number, issuing office, date of issue, and other details];

3. On or about [date], while [brief description of circumstances],
   I discovered that the item was no longer in my possession;

4. I searched [places searched] and made reasonable efforts to locate
   the item, but these efforts were unsuccessful;

5. I reported the loss to [police station, agency, bank, employer, or
   other office], where applicable;

6. I am executing this affidavit to attest to the loss and to support
   my application for [replacement, cancellation, reissuance, or other
   specific purpose];

7. Should the missing item later be recovered, I undertake to notify
   the issuing office and surrender or refrain from using it as required.

Only include statements that are true. Do not automatically copy provisions saying that the document was never pledged, transferred, confiscated, or used as security unless those facts are relevant and accurate.

Signature and jurat

Leave sufficient space for the affiant’s signature and the notarial jurat. For traditional notarization, do not sign the affidavit until instructed by the notary.

5. Review the affidavit for consistency

Compare the affidavit against all supporting documents. Check carefully for:

Different spellings of the name
Incorrect document numbers
Conflicting dates
Wrong issuing agency
Incorrect address
Inconsistent explanations of how the loss occurred
Statements copied from another person’s affidavit
Unfilled blanks
Unexplained handwritten changes

Material corrections should be made before notarization. If a correction is unavoidable, the affiant and notary may require initials beside the change. An affidavit with major alterations after notarization should be re-executed rather than patched informally.

6. Prepare the notarization requirements

Bring:

The unsigned affidavit
At least one current government-issued ID bearing a photograph and signature
Photocopies of the ID, if requested
Supporting documents relating to the missing item
The receiving office’s prescribed form or checklist
Enough copies for each agency that requires an original

The notary may ask questions to confirm identity, comprehension, voluntariness, and the factual basis of the affidavit.

7. Personally appear, sign, and take the oath

During a proper jurat, the notary should:

Examine the affidavit;
Verify the affiant’s identity;
Confirm that the affiant understands the document;
Administer an oath or affirmation;
Witness the affiant’s signature;
Record the notarial act in the notarial register; and
Sign and affix the official notarial seal.

The notary’s register must record information such as the date and time, type of notarial act, document description, affiant’s name and address, identification presented, and fee charged.

8. Inspect the completed notarization

Before leaving, check that the affidavit contains:

The correct date and place of notarization
The affiant’s correct name
A jurat stating that the affidavit was subscribed and sworn to
Details of the identification presented
The notary’s handwritten signature
A clear official seal
The notary’s commission details
The city or province of commission
Commission expiration date
Office address
Roll of Attorneys, IBP, and professional tax receipt details
Completed document, page, book, and series information where used

The Notarial Rules require the concluding certificate to identify the commissioned notary, commission serial number, territorial commission, expiration date, office address, Roll of Attorneys number, professional tax receipt information, and IBP membership number.

How to Validate Whether an Affidavit of Loss Is Properly Notarized

Check the notary’s territorial authority

A traditional notary may generally perform notarial acts only within the city or province covered by the commissioning court. A Manila-commissioned notary, for example, should not ordinarily notarize a paper affidavit in a different province.

The venue appearing at the top of the affidavit should match the actual place of notarization and fall within the notary’s territorial commission.

Confirm that the commission was valid on the notarization date

The affidavit should show the commission number and expiration date. A notary whose commission had expired, was revoked, or did not cover the location cannot perform a valid traditional notarization there.

When authenticity is important, the notary’s commission may be checked with the Office of the Clerk of Court of the Regional Trial Court that issued the commission. Under Rule IX of the Notarial Rules, the Executive Judge may issue a Certificate of Authority confirming that the notary was authorized at the time of notarization.

Verify the notarial-register entry

A proper notarization should correspond to an entry in the notary’s official register. The document number, page number, book number, series, date, affiant’s identity, and type of notarial act should be consistent with that entry.

The notary may provide a certified copy of the relevant notarial record upon proper application and payment of the required legal fee. Older surrendered records may eventually be obtainable through the courts or the National Archives of the Philippines’ notarial-record request service. (National Archives of the Philippines)

Look for common red flags

Possible signs of defective or suspicious notarization include:

The affiant never met or appeared before the notary
The affidavit was signed elsewhere and simply stamped
No oath was administered
The notary’s signature appears printed or photocopied
The seal is missing or unreadable
The venue is outside the notary’s commission
The commission had already expired
Identification details are blank or implausible
Document, page, book, or series entries are missing
Large blank spaces remain in the affidavit
Dates have been altered
Different fonts, ink, or pages suggest substitution
The notary cannot locate the act in the register

A seal and signature alone do not cure these defects.

Can an Affidavit of Loss Be Notarized Online?

The Supreme Court’s Rules on Electronic Notarization, A.M. No. 24-10-14-SC, took effect in 2025 and recognize both in-person and remote electronic notarization of qualifying electronic documents. A compliant electronic notarial act has the same validity and effect as a traditional notarization. (Supreme Court of the Philippines)

However, remote notarization cannot be performed through an ordinary video call with any lawyer. It must involve:

A duly commissioned Electronic Notary Public
An accredited Electronic Notarization Facility
Electronic identity verification
A PDF or PDF/A electronic document
The required electronic signatures, seal, records, and audiovisual procedures

Traditional paper affidavits with wet signatures remain governed by the 2004 Notarial Rules. (Supreme Court of the Philippines)

The Supreme Court’s eNotary Services page should be checked for the current directory of commissioned electronic notaries and accredited facilities. The official implementation page has indicated that directories and public-access systems are being rolled out, so the mere claim that a service offers “online notarization” does not establish legal authority. (Supreme Court of the Philippines)

Executing an Affidavit of Loss While Abroad

A Filipino or foreign national outside the Philippines generally has two practical options.

Execute it before a Philippine Embassy or Consulate

A consular officer may perform a jurat or acknowledgment when the person personally appears and satisfies the post’s identification and documentary requirements. Philippine posts commonly require the original document, passport copies, appointment confirmation, and payment of the applicable consular fee. (nagoyapcg.dfa.gov.ph)

For a lost Philippine passport, the affidavit is normally executed or acknowledged through the relevant Embassy or Consulate, together with the police report and other replacement-passport requirements prescribed by that post. (genevapm.dfa.gov.ph)

Execute it before a foreign notary

An affidavit may also be notarized under the law of the country where it is signed. When it will be used in the Philippines, the receiving office may require:

An apostille from the competent authority of a country that is party to the Apostille Convention; or
Authentication or legalization through the appropriate foreign and Philippine authorities when the country is not covered by the Convention.

The exact treatment depends on the country of execution and the Philippine agency receiving the affidavit. The DFA maintains the official Philippine Apostille portal and appointment system. (Apostille Philippines)

Under the electronic-notarization rules, remote execution from abroad may also be possible through a compliant system, but the Supreme Court’s procedures require confirmation of the principal’s location and may involve appearance at a Philippine Foreign Service Post. (Supreme Court of the Philippines)

Fees and Typical Processing Time

There is no single nationwide retail price for drafting and notarizing an Affidavit of Loss. The amount may depend on the locality, complexity, number of items, supporting documents, and whether the lawyer is also preparing or substantially revising the affidavit.

The Notarial Rules require a notary who charges fees to:

Issue a BIR-registered receipt;
Maintain a journal of notarial fees; and
Post a schedule of chargeable fees in the office.

A straightforward affidavit can ordinarily be reviewed, signed, and notarized during the same visit when the facts and valid identification are complete. Delays usually arise from:

Missing identification
Uncertain document numbers
Need for a police report
Corporate or representative authority issues
Inconsistent records
Agency-specific clearance
Additional fraud verification
Court proceedings, particularly for lost land titles

Notarization is only one stage. The issuing agency’s replacement process may take from the same day to several weeks, depending on security checks, production schedules, and the nature of the missing document.

Common Mistakes That Cause Rejection or Legal Problems

Using a generic affidavit without checking the agency’s form

Some offices require specific statements, such as immediate reporting, non-transfer, surrender upon recovery, lack of pending transactions, or an explanation for delayed reporting.

Describing theft as simple loss

This can make the affidavit inconsistent with CCTV records, police reports, messages, or later statements. Describe what actually happened, including uncertainty.

Signing before meeting the notary

For a traditional jurat, the affiant must sign in the notary’s presence. A document signed in advance may need to be reprinted and signed again.

Using an expired or unacceptable ID

An expired ID may not satisfy the requirement of a current identification document. A cedula or private ID alone is normally insufficient.

Asking another person to appear for the affiant

A relative, employee, liaison, or fixer cannot take the oath for the person who made the factual statements. A representative may execute a separate affidavit only when authorized and when the statements are based on the representative’s own knowledge.

Assuming the affidavit cancels the missing document

The issuing authority must still receive and process the loss report. Banks, passport offices, licensing authorities, and corporations may have separate cancellation or blocking procedures.

Continuing to use a recovered document after replacement

A recovered passport must be turned over to the DFA. Republic Act No. 11983 also requires an affidavit identifying its location or possessor when physical surrender is not feasible. (Lawphil)

For other recovered IDs or certificates, notify the issuer before using them. Once a replacement has been issued or the original marked lost, the old document may already be invalid.

Treating an affidavit as sufficient for a lost land title

A registered owner cannot obtain a replacement owner’s duplicate title merely by presenting an Affidavit of Loss. Notice must be given to the Register of Deeds, and a verified court proceeding under Section 109 of Presidential Decree No. 1529 is required.

The remedy is also unavailable when the title is not truly lost but is held by another person. In that situation, the appropriate remedy may be a petition to compel surrender rather than a petition for replacement. (Lawphil)

Frequently Asked Questions

Can I prepare my own Affidavit of Loss?

Yes. There is no general rule requiring a lawyer to draft every affidavit. The document must nevertheless contain complete and truthful facts, comply with the receiving office’s requirements, and be properly notarized. The commissioned notary may require revisions before administering the oath.

Is a police report always required?

No. An Affidavit of Loss and a police report serve different purposes. The affidavit is the affiant’s sworn account, while the police report records the incident with law-enforcement authorities. Some agencies require both, especially when the item was stolen, remains valid, creates an identity-fraud risk, or has substantial value.

Can I notarize an Affidavit of Loss without a government ID?

Possibly, through the credible-witness procedure under the Notarial Rules. One witness personally known to the notary or two properly identified credible witnesses may establish the affiant’s identity. Notaries may apply this procedure cautiously because of the risk of impersonation.

Does an Affidavit of Loss expire?

There is no universal statutory expiration period for all Affidavits of Loss. A receiving agency may nevertheless require a recently executed affidavit, particularly when it needs confirmation that the item remains missing. An affidavit prepared months or years earlier may also be rejected if the application was unreasonably delayed.

Can one affidavit cover several lost documents?

Yes, when the items were lost in the same incident and the receiving offices accept a combined affidavit. Separate original affidavits are often more practical when different agencies will process the replacements or require their own wording.

What happens if I find the item after signing the affidavit?

Notify the issuing office promptly. Do not continue using a document that has already been cancelled, blocked, or replaced. For a recovered Philippine passport, surrender it to the DFA or comply with the reporting procedure under Republic Act No. 11983.

Can another person execute the affidavit for me?

The person who directly knows the facts should normally execute it. An authorized representative may swear only to matters within that representative’s personal knowledge and may need a special power of attorney, board resolution, secretary’s certificate, guardianship document, or other proof of authority. The receiving agency may still insist that the registered owner or holder execute the affidavit personally.

Is a photocopy of the notarized affidavit acceptable?

That depends on the receiving office. Many government transactions require the original notarized affidavit. Prepare enough originals or ask whether a certified copy is acceptable before submission.

Does notarization prove that the lost item really existed?

Not by itself. The notary verifies identity, personal appearance, oath, and execution—not the independent truth of every factual statement. The receiving office may still require a photocopy, database record, receipt, police report, certification, or other evidence that the item existed and belonged to the applicant.

Can a foreigner execute an Affidavit of Loss in the Philippines?

Yes. A foreigner may personally appear before a Philippine notary and present competent identification, usually a current passport or appropriate immigration ID. The affidavit should identify the affiant’s citizenship and Philippine address, and the receiving agency may require translations or additional proof concerning a foreign-issued document.

Key Takeaways

An Affidavit of Loss is a sworn supporting document, not an automatic replacement or cancellation.
Confirm the receiving agency’s form, supporting documents, and police-report requirements before drafting.
Identify the missing item precisely and describe the loss honestly and in sufficient detail.
For a traditional jurat, personally appear, present valid government identification, sign before the notary, and take an oath.
A cedula or private ID alone is generally not competent evidence of identity.
Check the notary’s commission, territorial authority, seal, certificate details, and register information.
Ordinary video calls do not constitute valid remote notarization; electronic notarization must follow the Supreme Court’s authorized system.
Affidavits executed abroad may require consular notarization, an apostille, or legalization.
False statements can result in perjury, falsification, administrative consequences, and rejection of the underlying transaction.
Special items such as land titles and passports have additional legal procedures that an Affidavit of Loss alone does not complete.