An Affidavit of Loss is a legal document that confirms the loss of a valuable item or document.

It is a very common document in the Philippines and is used when a school or government ID goes missing and a replacement is requested.

It has information such as what was lost, how it was lost and any identifying information.

It is considerd a real statement and the person who makes the statement is called the affiant or declarant.

The affidavit serves a specific purpose such as telling authorities or institutions about the loss and furthermore, it is notarized by a notary public to make the document legally binding. The notary public acts as a witness who checks the signer’s identity, confirms that the signature is real and that the statements are made under oath.

This statement is very important because if any mistakes or lies are found, the affiant could face legal problems.

An Affidavit of Loss contains the following information:

• Affiant’s details such as his full name, address, and any other identifying details
• Description of what was Lost stating the type of document or item lost and including any identifying characteristics
• Details about the Loss should be present and should clearly explain how the loss occurred and where the loss took place. It may also describe any events that led to the loss. For instance, if the lost item was a driver’s license, the affidavit can mention if it was stolen, misplaced, or damaged
• Proof of Identity such as as a passport, driver’s license, or a Unified Multi-Purpose ID (UMID) card
• Signed and Notarized

All the information should be present so that the Affidavit of Loss is complete and accepted.

An Affidavit of Loss is used whenever something of value is lost.

Frequent situations in which an Affidavit of Loss is used is:

• Driver’s licence When a driver’s license is lost the Land Transportation Office will require an Affidavit of Loss before replacing the ID.
• Credit Card Banks will usually request this document as part of the process of replacing a lost credit or debit card.
• Land Title When a Land Title is Lost, the first step in the process to replace is submitting the Affidavit of Loss to the Registry of Deeds after which the court case or administrative process to resissue the title can occur.
• Passports When a passport is lost, the DFA requires this document to begin the replacement process.
• Any item of value

An Affidavit of Loss can be important when making insurance claims too.

If a valuable item that has insurance is lost or stolen, the insurance company will probably ask for an Affidavit of Loss.

This helps them review the claim and process the refund. This document stops people from making false claims and helps folks get the support they need for their losses.

Below is a sample format for an Affidavit of Loss commonly used in the Philippines.

This is a basic template and the specific content and format may vary depending on the intended use and requirements of the requesting organization.

AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES

CITY/MUNICIPALITY OF [City/Municipality Name]

S.S.

I, [Your Full Name], of legal age, Filipino, [Civil Status], and a resident of [Your Complete Address], after being duly sworn in accordance with law, do hereby depose and state that:

1. I am the lawful owner 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], the said [Item/Document] was missing from my possession. I believe it was lost under the following circumstances: [Explain how the item was lost].

3. I have made diligent efforts to locate the said [Item/Document], but my efforts have been unsuccessful.

4. I am executing this affidavit to attest to the truth of the foregoing and for the purpose of [State the purpose of obtaining the affidavit, e.g., “applying for a replacement.”].

5. I am executing this affidavit in good faith and without any intention of misleading any person or entity.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____, 20__, in [City/Municipality], Philippines.

[Your Signature]

[Your Printed Name]

SUBSCRIBED AND SWORN to before me this ___ day of ____, 20__, in [City/Municipality], Philippines.Affiant exhibited to me his/her competent evidence of identity.

[Signature of Notary Public]

Doc. No. ____;

Page No. ____;

Book No. ____;

Series of 20__.

This format outlines the key elements and structure of a Affidavit of Loss.

However, it’s essential to note that individual requirements may vary, and seeking legal advice for specific situations is advisable.

1. Is notarization mandatory for an Affidavit of Loss in the Philippines?

Yes, in the Philippines, a notary public must notarize an Affidavit of Loss. It is legally valid and accepted in official matters only when a notary public confirms that the affidavit was signed by someone who is of legal age and is mentally sound.

2. Can multiple lost items be included in a single Affidavit of Loss?

Yes, you can list several lost items in one Affidavit of Loss in the Philippines. Just make sure to include clear details for each item you have lost. Remember, an Affidavit of Loss is a legal paper. It’s important to be honest and accurate with the information to prevent issues like perjury.

3. What are the steps to retrieve a lost document after declaring it in an Affidavit of Loss?

If you have lost a document and declared it in an Affidavit of Loss, you need to reach out to the agency that issued the document to request a replacement. The exact steps can be different based on the type of document. This information is meant to help you and is not legal advice.

4. How is an Affidavit of Loss used for lost government IDs or licenses?

If you lose a government ID or license, like your driver’s license, you need to submit an Affidavit of Loss. You will send this to the agency that issued the ID, such as the LTO, along with other needed documents to get a replacement. Having a notary public confirm the affidavit helps make your declaration more legal in the Philippines.

5. Are there any specific fees for filing an Affidavit of Loss?

Notary publics ask for fees for their services. These fees can be different. It’s a good idea to ask the notary public about the costs for notarizing your Affidavit of Loss. Remember, this information is just for learning and is not legal advice.