Procedures for an Affidavit of Loss in the Philippines – 2025 Guide
1. What is an Affidavit of Loss?
An Affidavit of Loss is a sworn written declaration in which the affiant explains how, when, and where a specific document, card, instrument, or chattel was lost and asks the concerned agency or private entity to issue a replacement. It becomes a public document once notarized and is accepted in lieu of the missing original. (FCB Law Office)
2. Legal Framework
| Source of authority | Key points |
|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) | Governs in-person notarization; lists acceptable IDs; prescribes notarial register entries. (Supreme Court of the Philippines) |
| 2020 Interim Rules on Remote Notarization of Paper Documents (A.M. No. 20-07-04-SC) | Allowed real-time videoconferenced notarization during public-health emergencies; many notaries still follow its safeguards for remote signings. (Supreme Court of the Philippines) |
| 2021 Revised Rules on Notarial Practice (A.M. No. 21-06-02-SC) | Retained most 2004 provisions but integrated remote-appearance concepts and raised ID standards. (Full text not reproduced; still in force.) |
| Rules on Electronic Notarization, 4 Feb 2025 (A.M. No. 24-10-14-SC) | Institutionalises in-person and remote e-notarisation of electronic documents; applies when your Affidavit of Loss is executed as a true e-document (PDF w/ digital signature) rather than paper. (Supreme Court of the Philippines, Lexology) |
| Revised Corporation Code (RA 11232), §73 | Requires an affidavit of loss before a corporation cancels and re-issues lost stock certificates, after 1-year notice period. (Lawphil) |
| Perjury Law (RA 11594, 2021) | Knowingly false statements in an affidavit are now punishable by prisión mayor (6 y 1 d – 8 y) plus fines up to ₱1 m and perpetual disqualification for public officers. (Lawphil, DivinaLaw) |
3. When is an Affidavit of Loss Required?
| Typical item lost | Entity that will ask for it |
|---|---|
| Government IDs (passport, PhilID, SSS, PRC, etc.) | DFA, PSA-PhilSys, SSS, PRC (RESPICIO & CO.) |
| LTO Certificate of Registration (CR) / Driver’s License | LTO: submit notarised affidavit + police report for CR; affidavit only for licence. (Land Transportation Office, Land Transportation Office) |
| Bank passbook / ATM or credit card | Banks require affidavit + branch forms. |
| Official Receipts / Invoices / BIR COR | BIR checklist lists “Affidavit of Loss” as mandatory for replacement. (Bureau of Internal Revenue Web Services) |
| Land Title (TCT/CCT) | First step in re-issuance or reconstitution case. (FCB Law Office, RESPICIO & CO.) |
| Stock certificates | Affidavit precedes publication and bond posting under §73 RCC. |
4. Essential Contents of the Affidavit
- Affiant’s identity – full name, citizenship, civil status, address.
- Description of the lost item – type, serial/ID/plate number, issuing agency, date issued.
- Circumstances of loss – date, place, manner (e.g., theft, fire, misplacement).
- Efforts to locate – diligence exerted; police blotter or barangay report if theft/fire.
- Statement of ownership & non-transfer – that it is not pledged, encumbered, or in another’s possession.
- Undertaking – to surrender the original if later found.
- Request – for replacement or cancellation of the lost item.
- Signature & jurat – signed in the physical or electronic presence of the notary, who verifies identity via an acceptable ID.
Supporting attachments (when available): photocopy of the lost document, police or fire report, company/agency loss report, two government-issued photo IDs.
5. Step-by-Step Procedure (Paper Document, In-Person Notarization)
| Step | Action | Notes |
|---|---|---|
| 1. Draft | Use your own words or a lawyer’s template; keep it factual. | Do not leave blanks. |
| 2. Prepare IDs | Any of the IDs in the 2004/2021 Notarial Rules (e.g., passport, PhilID, driver’s licence). | Must be original, current, photo-bearing. |
| 3. Appear before notary | Sign before the notary, or acknowledge a pre-signed document in the notary’s presence. | Notary fills the jurat and registers the act. |
| 4. Pay fee & obtain copy | Typical Metro Manila fee: ₱150–₱300 for a simple affidavit; provincial fees vary. | Ask for the notarial seal on every page. |
| 5. Submit to the concerned office | File together with the agency’s own forms (example: BIR Form 1905, LTO lost license application). | Keep at least two photocopies stamped “RECEIVED”. |
6. Remote or Electronic Notarization
| Scenario | Applicable rule | Practical tips |
|---|---|---|
| Paper document, still under community-quarantine limitations | 2020 Interim RON Rules (expires when lifted but many RTCs still honor). (Supreme Court of the Philippines) | Video call must be recorded; affiant sends signed original to the notary for stamping. |
| Pure electronic PDF with digital signature | 2025 Rules on Electronic Notarization. (Supreme Court of the Philippines, Lexology) | Use X.509-based certificate issued by a Philippine Trust Service Provider; notarial seal and register are fully digital. |
7. Agency-Specific Follow-Through
LTO (lost CR or plate/sticker). Submit affidavit + PNP-HQMVCD clearance; pay ₱350 affidavit review fee; replacement CR released within 2 hrs. (Land Transportation Office, Land Transportation Office)
BIR (lost ATP/receipts or Certificate of Registration). Attach affidavit to BIR Form 1905 + inventory; file with RDO within 30 days of loss; penalty: ₱1,000 late filing. (Bureau of Internal Revenue Web Services)
Land Title. Affidavit annotated on existing registry copy → file petition for re-issuance under §109 PD 1529; publish notice for 3 consecutive weeks; decision in 4–12 months. (FCB Law Office, RESPICIO & CO.)
Corporate Stock Certificate. Affidavit published once a week for 3 weeks; one-year waiting period before re-issue unless surety bond filed (RCC §73). (Lawphil)
8. Fees & Timelines (Typical)
| Purpose | Notarial fee | Processing fee | Turn-around |
|---|---|---|---|
| Simple ID / bank card | ₱150–₱300 | Usually none; bank may charge ₱150 card replacement | 7–14 days |
| LTO lost licence | ₱200 | ₱472.63 card fee + penalties if expired | 2 hrs–1 day |
| BIR COR / receipts | ₱200 | ₱500 COR reprint + loose-leaf stamp duties | 1–5 days |
| Land Title re-issuance | ₱300 | Filing fee (0.05 % assessed value) + publication | 6–12 months |
9. Civil & Criminal Liability for False Affidavits
A deliberately false Affidavit of Loss constitutes perjury under Article 183 RPC as amended by RA 11594, punishable by up to 8 years imprisonment plus fines up to ₱1 million; if the affiant is a public official, penalty is in the maximum period and carries perpetual absolute disqualification. (Lawphil, DivinaLaw)
10. Best Practices
- File a police or barangay blotter immediately after the loss; many agencies treat it as corroborative evidence.
- Retain scanned copies of important documents to streamline replacement.
- Sign each page of the affidavit; some banks reject unsigned annex pages.
- For minors, the affidavit is executed by the parent/guardian with proof of parental authority (birth certificate, guardian’s appointment).
- Keep the notarial receipt; notaries can be disciplined, and your document invalidated, if their register entry is missing or defective.
11. Sample Template (paper form)
Republic of the Philippines )
City/Municipality of ________ ) S.S.
AFFIDAVIT OF LOSS
I, JUAN D. DELA CRUZ, Filipino, single, of legal age, and a resident of
#123 Mabini St., Quezon City, after having been duly sworn, depose and state:
1. That I was the lawful holder of Driver’s License No. N12-34-567890
issued by the Land Transportation Office on 10 March 2024.
2. That on or about 15 May 2025, while commuting aboard a bus along EDSA,
my wallet containing the said license was lost and has not since been
recovered despite diligent efforts including a report to PNP-Cubao
under Blotter Entry No. 12345-2025 dated 16 May 2025.
3. That the said license has **not been pawned, assigned, or
encumbered**, and its loss was not due to any fraudulent intent.
4. That I execute this affidavit to attest to the truth of the foregoing
and to request the Land Transportation Office to issue a replacement
driver’s license.
IN WITNESS WHEREOF, I have hereunto set my hand this 30 May 2025, at
Quezon City, Philippines.
(sgd.) JUAN D. DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 30 May 2025, affiant exhibiting
his PhilID No. 1234-5678-9012-3456 valid until 2032.
Doc. No. ___; Page No. ___;
Book No. ___; Series of 2025.12. Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I include several items in one affidavit? | Yes, if all items were lost in the same incident. Otherwise prepare separate affidavits to avoid confusion. |
| Is notarization always mandatory? | For almost every government agency and bank, yes. An un-notarised affidavit is treated as a private document and may be rejected. (FCB Law Office) |
| How long is an affidavit of loss valid? | There is no statutory expiry; however, most agencies require it to be recent (within 3–6 months) to reduce fraud. |
| Will the affidavit alone restore ownership? | No. It merely proves loss; you must still complete the agency’s replacement process (e.g., file a petition for land title re-issuance). |
| Can I use a foreign-notarised affidavit? | Yes, if apostilled or consularised; Philippine offices will honour it under the 1961 Apostille Convention. |
13. Key Takeaways
- An Affidavit of Loss is simple to prepare but must be truthful, specific, and duly notarised.
- New electronic notarization rules (2025) mean you can now execute a fully digital affidavit—no paper needed—provided you and your notary have the required e-signature credentials.
- False affidavits carry stiff criminal penalties under RA 11594.
- Each agency has its own checklists, fees, and timelines—file early to avoid penalties and service interruptions.
For specialised or high-value items (land titles, stock certificates, insurance policies), consult a lawyer to align the affidavit with the statutory replacement procedure.