In the Philippines, the loss of a vital document—whether it is a government-issued ID, a land title, or a passbook—necessitates a formal legal response. An Affidavit of Loss is a sworn statement used to inform authorities or institutions that a specific document or item is no longer in the owner's possession and cannot be found despite diligent efforts.

Understanding the Nature of the Document

An Affidavit of Loss is a legal instrument executed under oath. By signing this document, the "affiant" (the person making the statement) declares the truth of the circumstances surrounding the loss. This document serves as primary evidence to trigger the replacement process for lost items.

Common Uses

Government IDs: Driver’s License, Passport, PRC ID, UMID.
Financial Documents: ATM cards, passbooks, checkbooks, or stock certificates.
Ownership Titles: Transfer Certificates of Title (TCT) or Condominium Certificates of Title (CCT).
Academic Records: Diplomas, Transcript of Records (TOR).

Essential Requirements for Preparation

To draft an effective Affidavit of Loss, the following information and documents are typically required:

1. Personal Information

The affiant must provide their full name, legal age, civil status, citizenship, and complete residential address.

2. Detailed Description of the Lost Item

Specific details are crucial for identification:

For IDs: License number, expiry date, or card number.
For Vehicles: Plate number, engine number, and chassis number.
For Land Titles: Title number and the Registry of Deeds where it was recorded.

3. Circumstances of the Loss

A concise narrative of how the item was lost. This should include:

The Date and Time: When the loss was discovered.
The Location: Where the item was last seen or where the loss likely occurred.
The Manner of Loss: Whether it was misplaced, stolen, or destroyed (e.g., in a fire or flood).

4. Identification

The affiant must present at least one valid government-issued photo ID to the notary public to prove their identity.

Step-by-Step Procedure

Step 1: Drafting the Document

The affidavit can be prepared by a lawyer or by the individual using a standard legal template. It must be written in a language understood by the affiant (usually English or Filipino) and must contain a "Jurat"—the section where the notary certifies the affiant took an oath.

Step 2: Signing the Affidavit

The affiant must sign the document, typically in the presence of the notary public. If the loss involves a joint account or co-owned property, all parties may need to sign.

Step 3: Notarization

The document must be notarized to become a public document.

Go to a Notary Public (usually found in law offices or near government buildings).
Present your valid ID.
Pay the Notarial Fee. Fees vary depending on the complexity of the document and the location, but standard affidavits typically range from ₱100 to ₱500.
The Notary Public will affix their seal, signature, and recording details (Doc No., Page No., Book No., Series of Year).

Step 4: Submission to the Relevant Agency

Once notarized, the original copy is submitted to the concerned agency (e.g., LTO for a license, DFA for a passport, or a bank for an ATM card) to initiate the replacement process.

Legal Implications and Warnings

Perjury

Since an Affidavit of Loss is a sworn statement, any willful falsehood included in the document constitutes Perjury under Article 183 of the Revised Penal Code of the Philippines. Conviction for perjury carries penalties including imprisonment.

The "Diligent Search" Clause

Every Affidavit of Loss contains a statement that the affiant exerted "diligent efforts" to locate the item. This is a legal safeguard to ensure the replacement process is not abused for convenience.

Specific Rules for Land Titles

For lost Land Titles, the process is more rigorous. Under Presidential Decree No. 1529, a simple affidavit is only the first step. One must also file a petition for "Reconstitution of Title" in court (judicial) or through the Land Registration Authority (administrative), depending on the circumstances.

Summary Table: Filing Overview

Requirement	Description
Affiant	The person who lost the item.
Witnesses	Generally not required for the document itself, but identification is mandatory.
Standard Contents	Identification, Description of Item, Narrative of Loss, Signature.
Legal Validity	Only valid once signed and sealed by a commissioned Notary Public.
Purpose	To secure a replacement and protect against identity theft or unauthorized use.