Introduction

An affidavit of loss is a crucial document in the Philippines, often required when important documents or items are lost. This legal statement declares the circumstances of the loss and is essential for obtaining replacements or for legal purposes. This article provides an overview of the affidavit of loss and a basic template for drafting one.

Purpose of an Affidavit of Loss

Evidence of Loss: Serves as a formal statement regarding the loss of important documents or items.
Requirement for Replacement: Often required by authorities or organizations before issuing replacements for lost items.

Key Elements of an Affidavit of Loss

Declarant’s Details: Full name, address, and identification details of the person making the affidavit.
Description of Lost Item: Detailed information about the lost item/document, including its nature, identification numbers, and other relevant details.
Circumstances of Loss: A clear account of how, when, and where the item/document was lost.
Actions Taken: Steps taken to locate the lost item, if any.
Declaration of Non-Recovery: A statement declaring that the item has not been found.
Purpose of Affidavit: The reason for creating the affidavit, such as to apply for a replacement.

Legal Considerations

Truthfulness: The declarant must ensure all statements in the affidavit are true to avoid penalties for perjury.
Notarization: The affidavit must be notarized to be legally valid.

Affidavit of Loss Template

AFFIDAVIT OF LOSS

I, [Full Name], of legal age, [Job Title], and resident of [Address], after being duly sworn in accordance with law, hereby depose and state:

1. I am the lawful owner/holder of [Describe the lost item/document], bearing [Identification details/Serial number], issued on [Date of Issuance] by [Issuing Authority/Organization].

2. On [Date of Loss], I discovered that the said [Item/Document] was missing from my possession. I believe that it was lost on or about [Estimated time of loss] at [Location of loss].

3. Despite diligent efforts to locate the said [Item/Document], including [List any actions taken to find the item], it has not been recovered.

4. I have not pledged or assigned the said [Item/Document] to anyone, and it is free from any encumbrance.

5. This affidavit is being executed for the purpose of declaring the loss and applying for a [State purpose, e.g., replacement, legal transaction].

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Place of Execution].

[Signature over Printed Name]

[Notary Public]

[Notary Public’s Commission Details]

[Doc. No.]

[Page No.]

[Book No.]

[Series of Year]