Transferring ownership of a second-hand motorcycle in the Philippines is straightforward if you have a clean chain of documents from the registered owner (RO). It becomes messy when the RO’s government ID (or other primary proof of identity) can’t be produced. This article explains the legal backdrop, what the Land Transportation Office (LTO) typically requires, how an Affidavit of Loss fits in, practical work-arounds, and risk management—so you can complete the transfer lawfully.

Legal foundations

Civil Code (contracts of sale): Ownership transfers by consent (a sale) but enforceability and registration depend on documentary proof (e.g., Deed of Sale).
RA 4136 (Land Transportation and Traffic Code) and LTO rules: The LTO maintains the registry. It will not update the Certificate of Registration (CR) unless documentary and identity requirements are met.
Anti-Carnapping Act (RA 10883, amending RA 6539): Aims to prevent theft and tampering. Because of this, PNP-HPG Motor Vehicle Clearance and macro-etching/stencil verification are generally required for transfers of second-hand units.
Notarial practice: Deeds of Sale, Special Powers of Attorney (SPAs), and affidavits (including Affidavit of Loss) must be notarized to be accepted by LTO and related agencies.

Key principle: The LTO needs to be satisfied that the seller is truly the RO (or is duly authorized by the RO/heirs) and that the motorcycle is not stolen or tampered. Missing IDs raise red flags. An Affidavit of Loss can help explain why an ID is missing, but it does not replace the need to establish identity and authority.

Standard LTO documentary set for transfer (ideal case)

Original CR and latest Official Receipt (OR) of registration
Notarized Deed of Absolute Sale (DOAS) between the registered owner and the buyer
Valid government ID of the seller (RO) (clear copy with 3 specimen signatures is commonly requested)
Valid ID of the buyer (+ TIN if required for forms)
PNP-HPG MV Clearance (macro-etching/stencil and record check)
Motor Vehicle Inspection Report (MVIR), stencil of engine and chassis
Insurance (CTPL) in the buyer’s name (for registration/renewal)
Emission test (if registration renewal falls due)
Appropriate LTO forms (e.g., Transfer of Ownership, Application for Revision of Records) and fees

The problem: No government ID from the first (registered) owner

Common scenarios:

The RO lost their ID and can’t provide a copy.
The person selling to you is not the RO on record (e.g., “open deed,” middleman; the RO is unreachable).
The RO is deceased or abroad, and no ID is on hand.

What the Affidavit of Loss can cover

Loss of the RO’s ID (driver’s license or other government ID)
Loss of the CR or OR (these are separate affidavits if those are missing)
Loss of plate/sticker (again, separate affidavits)

However: An Affidavit of Loss for the RO’s ID is merely explanatory. LTO staff still need to connect the identity of the RO to the DOAS and to the registry entry. Expect them to ask for alternative proofs and, where possible, the RO’s personal appearance or SPA.

Practical pathways to complete the transfer without the RO’s ID

Path A — RO is available and cooperative (best case)

Use this when the RO is reachable but truly lost the ID.

RO executes an Affidavit of Loss (ID).
- Include details of the lost ID (type, number if known, last known issue date/place) and the circumstances of loss.
RO provides alternative proof of identity:
- Any other government ID still on hand (even if expired)
- Birth certificate / PSA documents
- Old LTO records printout (if the RO has a driver’s license record)
- Company ID (sometimes accepted as secondary, at LTO’s discretion)
Notarized DOAS (freshly executed if needed to cure defects).
RO personal appearance at LTO (or SPA appointing a representative).
- If using SPA, attach ID of the RO’s attorney-in-fact and the SPA must be notarized; if RO is abroad, consularized or apostilled SPA.

Likelihood of success: High. The Affidavit of Loss + alternative IDs + personal appearance/SPA typically satisfies identity.

Path B — RO is unavailable but a documentary chain of sale exists

Typical when you bought from someone who also bought from the RO, and there is a clear chain (RO → Seller A → You), but the RO’s ID is not available.

Present the entire chain of notarized DOAS.
Submit Affidavit(s) of Loss (as applicable) for the RO’s ID and any missing document.
Provide secondary identity proofs of the RO if any can be sourced (old ID photocopy, prior transactions, public records).
Request LTO to accept the chain under an Affidavit of Undertaking/Explanation by the buyer, acknowledging liability if documents are spurious.
Proceed with PNP-HPG clearance and MVIR.

Likelihood of success: Moderate. Acceptance is discretionary. The stronger the chain (complete DOAS, readable signatures matching CR entry, specimen signatures on file), the better.

Path C — RO is deceased

Heirship documents:
- Extrajudicial Settlement (if no will and heirs are in agreement) or proof of judicial settlement.
- Heirs’ notarized Deed of Sale to you (or to your seller, then to you), with their valid IDs.
Affidavit of Loss (only if the RO’s ID or CR/OR is claimed lost).
If an Executor/Administrator is appointed, a DOAS by that person + proof of authority (Letters Testamentary/Administration).
PNP-HPG clearance, MVIR, and standard LTO requirements.

Likelihood of success: High if heirship/authority papers are in order.

Path D — RO is abroad or unreachable

Try to obtain a consularized or apostilled SPA from the RO authorizing a local representative to execute the DOAS and process the transfer.
If impossible, rely on complete chain of DOAS and Affidavit(s) of Loss, plus any secondary proof of identity of the RO.
Be prepared that LTO may require verification or decline, advising civil action (see “Last-resort options”).

Likelihood of success: Variable; depends on the chain’s quality and the LTO office’s assessment.

Affidavit of Loss (ID): contents & execution

Who signs: The registered owner whose ID was lost. If deceased, an heir/administrator explains the loss in heirship documents instead.

Core contents:

Affiant’s full name, address, civil status, TIN (if any)
Description of the ID (e.g., Driver’s License No. _______, issued on _______)
Circumstances of loss (date, place, how it happened)
Statement that after diligent search the ID cannot be found
Undertaking to present the ID if later found
Purpose clause: “for submission to the LTO in support of transfer of ownership of [Make/Model, Engine No., Chassis No., Plate No.]”
Signature over printed name; notarization with government-issued ID details of the affiant (yes, this is tricky if the RO has no any ID; see below)

Notarization when no other ID exists:

Many notaries require any current government ID. If none, the RO can present two credible witnesses with IDs (credible witness notarization), or use alternative proofs accepted by the notary (varies by practice). Expect stricter scrutiny.

Other affidavits you may need

Affidavit of Loss – CR/OR (if those are missing)
Affidavit of Loss – Plate/Sticker + police report if required
Affidavit of Undertaking/Explanation (buyer’s commitment and narrative when the chain/IDs are imperfect)
Affidavit of Non-Appearance (if the RO cannot appear and you rely on SPA/representative—some LTO offices request this)

(Affidavit names vary slightly by office; substance matters more than title.)

PNP-HPG clearance & inspection

When required: Usually for transfer of ownership of second-hand motorcycles.
What happens: Macro-etching/stencil of engine and chassis; database check for carnapping/hold orders; verification of plate assignment.
If there’s a hit (tampering or stolen): Expect seizure and investigation; transfer cannot proceed.

Step-by-step process (field-tested order)

Gather & cure documents
- CR/OR, complete DOAS chain, IDs (whatever is available), Affidavit(s) of Loss, SPA if used, insurance, TIN.
Notarial work
- Ensure DOAS/SPA/affidavits are properly notarized; names match CR; engine/chassis/plate numbers are accurate.
PNP-HPG MV Clearance
- Get stencil/macro-etching; secure clearance.
MVIR & stencils (if not done with HPG)
LTO visit (district office with jurisdiction or one that accepts transfers)
- Submit application for Revision of Records / Transfer of Ownership.
- Pay fees (transfer, plates/stickers if due, penalties if any).
- If registration is near or past due, you may need emission/insurance for renewal.
Evaluation & encoding
- LTO may interview you about gaps (e.g., missing RO ID), and can require additional proofs or RO appearance/SPA.
Release
- Get updated CR in buyer’s name (OR for any fees/renewal). Stickers/plates as applicable.

Fees, timelines, and where delays happen

Government fees for transfer are modest compared to the cost of non-compliance; penalties accrue if registration lapses.
Bottlenecks: Notarization without RO ID; obtaining PNP-HPG clearance; LTO’s additional verification when identity is unclear; deceased owner documentation.
Plan for contingencies: Some offices are stricter than others; prepare a complete paper trail.

Risk checklist (avoid costly mistakes)

❌ Buying on verbal assurances without a DOAS signed by the registered owner (or heirs/authorized rep)
❌ Accepting “open Deed of Sale” with blank buyer details (high risk)
❌ Mismatched engine/chassis numbers between the unit and CR
❌ Skipping HPG clearance
❌ Assuming an Affidavit of Loss alone “fixes” identity—it doesn’t
✅ Keep photocopies of all IDs and documents; ask the RO to sign 3 specimen signatures on the ID copy (when available)
✅ If the RO can’t appear, use a proper SPA (consularized/apostilled if executed abroad)

Templates (fill-in; adjust to facts)

A. Affidavit of Loss – Government ID (Registered Owner)

AFFIDAVIT OF LOSS I, [Full Name of Registered Owner], Filipino, of legal age, [civil status], with address at [Address], after having been duly sworn, depose and state:

I am the registered owner of a [Make/Model] motorcycle, Plate No. [Plate], Engine No. [Engine], Chassis No. [Chassis].

I was issued [Type of ID, e.g., Driver’s License No. ______] on [date/place if known].

On or about [date], at [place], said ID was [lost/stolen/destroyed] and despite diligent search, it cannot be found.

I execute this Affidavit to attest to the loss and to support the transfer of ownership of the above-described motorcycle with the LTO. IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [city], Philippines. [Signature over Printed Name] SUBSCRIBED AND SWORN … (Notarial block)

B. Buyer’s Affidavit of Undertaking/Explanation

AFFIDAVIT OF UNDERTAKING/EXPLANATION I, [Buyer’s Name], Filipino, of legal age, [civil status], with address at [Address], state:

I purchased the motorcycle [Make/Model, Plate/Engine/Chassis] from [Name of Seller] on [date].

The registered owner on LTO records is [RO’s Name]. Attached are the [list: DOAS chain, Affidavit of Loss (ID), CR/OR, etc.]

Despite diligent efforts, [RO’s ID/other document] cannot be produced due to [reason].

I undertake to present any additional documents that LTO may require and acknowledge that submission of spurious documents is punishable by law. [Signature over Printed Name] SUBSCRIBED AND SWORN … (Notarial block)

Special cases & how to handle them

Unit with tampered numbers: Stop. Do not proceed; coordinate with HPG.
Discrepancy in name spelling: Provide proof of identity (IDs, PSA, old records) and a Notarized Affidavit of Discrepancy.
Corporate RO: Provide Secretary’s Certificate/Board Resolution authorizing the sale; corporate IDs; authorized signatory’s ID; SPA if a representative signs.
RO changed civil status/name: Provide PSA documents and Affidavit of One and the Same Person.
No DOAS from RO at all: You generally need to go back to the RO (or heirs/authorized rep) to execute one. Affidavits alone rarely cure the absence of a DOAS.

Last-resort options (when LTO declines due to missing identity)

Civil action for reconstitution/confirmation of ownership—ask a lawyer about filing in court to compel recognition of your title based on evidence.
Settlement with heirs/RO—often faster and cheaper than litigation; secure the missing DOAS/SPA and ID alternatives.
Return/rescind the sale (if contractually viable) when defects are irremediable.

Frequently asked questions

Does an Affidavit of Loss replace the RO’s ID? No. It explains the absence. LTO may still require the RO’s personal appearance, an SPA, or secondary IDs.

Can I transfer with only a chain of DOAS and no RO ID? Sometimes—if the chain is complete and credible, HPG clearance is clean, and the LTO officer is satisfied. Prepare undertakings and alternate proofs.

Is PNP-HPG clearance always needed? For second-hand transfers, expect to need it. It protects you from buying a stolen/tampered unit.

What if the RO is deceased? Transfer through heirs (Extrajudicial Settlement or court-appointed representative) who then execute the DOAS to you.

What if the CR/OR is lost too? Process Affidavit of Loss (CR/OR) and apply for duplicate at LTO; this may run parallel with the transfer.

Bottom line

An Affidavit of Loss is helpful but not sufficient on its own.
The safest route is to anchor the transfer on a proper DOAS from the registered owner (or authorized heirs/representative), supported by HPG clearance and as many identity proofs as possible.
When the RO’s ID is missing, combine: Affidavit of Loss (ID) + alternative IDs/records + personal appearance/SPA.
If LTO still declines, consider legal remedies or regularizing documents with the RO or heirs.

This article provides general legal information for the Philippine setting. For complex fact patterns or contested ownership, consult a Philippine lawyer for tailored advice and document review.