Preparing and Notarizing an Affidavit of Loss in the Philippines

Introduction

In the Philippine legal system, an Affidavit of Loss serves as a crucial document for individuals who have misplaced important items, such as government-issued identifications, certificates, licenses, or other valuable papers. This sworn statement not only formally declares the loss but also acts as a prerequisite for obtaining replacements from relevant authorities. Rooted in principles of civil law and notarial practice, the preparation and notarization of such an affidavit ensure its authenticity and legal weight. This article provides a comprehensive overview of the topic, drawing from established Philippine laws, including the Civil Code of the Philippines (Republic Act No. 386), the Rules on Notarial Practice (A.M. No. 02-8-13-SC), and related administrative guidelines from agencies like the Philippine Statistics Authority (PSA) and the Land Transportation Office (LTO). It covers the definition, purpose, preparation process, notarization requirements, potential pitfalls, and broader legal implications.

Definition and Legal Nature

An Affidavit of Loss is a written declaration made under oath by an individual (the affiant) attesting to the loss, theft, or destruction of a specific document or item. It is classified as a jurat under Philippine notarial law, meaning it is a sworn statement rather than an acknowledgment (which certifies the execution of a document). The affidavit must be voluntary, truthful, and based on personal knowledge to avoid perjury charges under Article 183 of the Revised Penal Code (RPC), which penalizes false testimony in civil matters.

Legally, it derives its validity from the notary public's certification that the affiant appeared before them, exhibited proof of identity, and swore to the contents' veracity. Without notarization, the document holds no evidentiary value in administrative or judicial proceedings, as per Section 19 of the Rules on Evidence (A.M. No. 19-08-15-SC).

Purpose and Common Applications

The primary purpose of an Affidavit of Loss is to establish a record of the incident, mitigate risks of fraudulent use by third parties, and facilitate the issuance of duplicates or replacements. It is indispensable in various scenarios, including:

Government Documents: Loss of birth, marriage, or death certificates (required by the PSA for annotated copies).
Identification Cards: Misplaced Voter's ID, PhilHealth ID, SSS ID, or PAG-IBIG ID.
Licenses and Permits: Driver's license (LTO), professional license (Professional Regulation Commission or PRC), or firearm license (Philippine National Police or PNP).
Property-Related Documents: Certificate of Title for land (Registry of Deeds), stock certificates, or vehicle registration (LTO).
Financial Instruments: Bank passbooks, ATM cards, or checks (often required by banks for account freezing or replacement).
Other Items: Lost passports (Department of Foreign Affairs or DFA), school diplomas, or employment records.

In some cases, it may be paired with a police report (blotter entry) if theft is suspected, enhancing its credibility for insurance claims or legal disputes.

Requirements for Validity

To be legally enforceable, an Affidavit of Loss must meet specific criteria:

Competency of the Affiant: The person executing the affidavit must be of legal age (18 years or older), mentally sound, and acting voluntarily. Minors or incapacitated individuals may require a guardian's involvement.
Proof of Identity: The affiant must present at least one valid government-issued ID (e.g., passport, driver's license, or UMID card) to the notary. If the primary ID is the lost item, alternative IDs like a barangay certificate or two secondary IDs may suffice, as per notary guidelines.
Content Integrity: The affidavit must be clear, concise, and free from ambiguities. False statements can lead to criminal liability for perjury.
Notarial Fees: Standard fees range from PHP 100 to PHP 500, depending on the notary and location, plus documentary stamp tax (DST) of PHP 30 under the Tax Code (Republic Act No. 8424, as amended).
Witnesses: While not always mandatory, some notaries require two witnesses for added solemnity, especially for high-value losses.
Language: It should be in English or Filipino, or a dialect understood by the affiant, with a translation if necessary.

Step-by-Step Preparation Process

Preparing an Affidavit of Loss involves careful drafting to ensure completeness. Here is a detailed guide:

Gather Information: Collect details about the lost item, including its description (e.g., serial number, issuance date, issuing agency), the circumstances of loss (date, time, place, how it occurred), and any recovery efforts (e.g., searches conducted, advertisements placed).
Draft the Document: Use a standard format. Begin with a heading like "AFFIDAVIT OF LOSS." Structure it as follows:
- Personal Details: Full name, age, civil status, address, and occupation of the affiant.
- Narration of Facts: Describe the item lost, when and where it was last seen, how the loss was discovered, and steps taken to recover it.
- Declaration: State that the item is irretrievably lost, not pawned or sold, and that the affidavit is for a lawful purpose (e.g., replacement).
- Oath Clause: End with "SUBSCRIBED AND SWORN to before me this [date] at [place]."
A sample template is provided in the next section.
Review for Accuracy: Ensure no omissions or errors. Consult a lawyer if the loss involves sensitive matters like real property.
Print and Sign: Print on legal-sized paper (8.5 x 13 inches) or bond paper. The affiant signs at the end, but only in the notary's presence.

Sample Format

Below is a basic template for an Affidavit of Loss. Customize it as needed:

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

AFFIDAVIT OF LOSS

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

That I am the lawful owner/possessor of [describe the lost item, e.g., "a Driver's License with License No. ABC123456 issued by the Land Transportation Office on [date]"].
That on or about [date of loss], at [place], the said [item] was lost under the following circumstances: [narrate details, e.g., "It fell out of my bag while commuting via jeepney from [location A] to [location B]"].
That despite diligent efforts to locate the same, such as [list efforts, e.g., "searching the area, inquiring with lost-and-found offices, and placing advertisements in local newspapers"], I have not been able to recover it.
That the said [item] is not in my possession, nor has it been pledged, sold, or otherwise disposed of.
That I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of [state purpose, e.g., "securing a duplicate from the issuing agency"].

IN WITNESS WHEREOF, I have hereunto set my hand this [date] day of [month], [year] at [place], Philippines.

[Signature of Affiant]
[Full Name]

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

Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [year].

[Notary Public's Signature]
[Notary's Name and Details]

Notarization Process

Notarization transforms the draft into a public document with presumptive validity. Follow these steps:

Locate a Notary Public: Notaries are lawyers authorized by the Supreme Court. They can be found in law offices, courts, or government agencies. Ensure the notary's commission is active (valid for two years).
Appear Personally: The affiant must physically appear before the notary. Remote notarization is not standard in the Philippines, though electronic notarization (e-notary) is emerging under A.M. No. 20-07-04-SC for specific cases.
Verification: The notary checks the affiant's identity and competency, ensuring no undue influence.
Swearing the Oath: The affiant raises their right hand and swears or affirms the truthfulness. For jurats, the notary asks: "Do you swear/affirm that the statements in this affidavit are true?"
Notarial Entries: The notary fills in the doc/page/book/series numbers, signs, and affixes their seal. They also record it in their notarial register.
Payment and Copies: Pay the fee and obtain certified copies if needed.

Notarization must comply with the 2004 Rules on Notarial Practice, which prohibit notaries from performing acts outside their jurisdiction or for relatives.

Potential Pitfalls and Legal Implications

Common errors include:

Vague descriptions, leading to rejection by agencies.
Failure to attach supporting documents (e.g., police blotter for theft).
Notarizing without proper ID, rendering it void.

Legally, a false affidavit constitutes perjury, punishable by arresto mayor (1-6 months imprisonment) to prision correccional (6 months to 6 years) under the RPC. It may also invite civil liabilities if used fraudulently. Agencies like the LTO or PSA may require publication of the affidavit in a newspaper of general circulation for certain losses (e.g., land titles under Section 109 of Presidential Decree No. 1529).

In judicial contexts, the affidavit can serve as evidence in annulment of documents or quieting of title cases.

Conclusion

Preparing and notarizing an Affidavit of Loss in the Philippines is a straightforward yet formal process designed to protect individuals and institutions from fraud. By adhering to the outlined steps and legal standards, one ensures the document's efficacy in administrative remedies. For complex cases, consulting a licensed attorney is advisable to navigate nuances, such as international losses or corporate documents. This mechanism underscores the Philippine legal system's emphasis on documentation and accountability, promoting efficiency in public services.

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