An Affidavit of Loss is a formal legal document used to declare under oath that a specific item or document has been lost, stolen, or destroyed beyond recovery. In most jurisdictions, particularly in the Philippines and several U.S. states, this document is a mandatory requirement before government agencies, financial institutions, or private corporations will issue a replacement for a sensitive item such as a passport, driver’s license, or land title.

The document serves as a sworn statement of facts. Because it is executed under oath, the person signing it—known as the "affiant"—is legally bound to tell the truth. Providing false information in an affidavit is a criminal offense, often categorized as perjury.

What is an Affidavit of Loss and why is it necessary?

An Affidavit of Loss provides a written record of the circumstances surrounding the disappearance of a valuable item. It acts as a shield for both the owner and the issuing authority. For the owner, it initiates the recovery or replacement process. For the issuing institution, it provides a legal basis to cancel the old document, preventing unauthorized individuals from using the lost item for fraudulent purposes.

Common situations requiring an Affidavit of Loss include:

  • Losing a government-issued identification card (e.g., Passport, Driver’s License, National ID).
  • Misplacing financial instruments (e.g., Bank Passbook, Checkbook, ATM card, Stock Certificate).
  • The destruction of property ownership documents (e.g., Land Title, Deed of Sale).
  • Losing academic credentials (e.g., Diploma, Transcript of Records).
  • Misplacing professional licenses or certificates.

Understanding the core components of an Affidavit of Loss

A valid Affidavit of Loss is not just a simple letter; it follows a specific legal structure to be recognized by a Notary Public. Understanding these parts ensures that your document will be accepted by the relevant authorities without delay.

The Venue (Heading)

The top of the document identifies where the affidavit is being executed. It usually begins with the name of the country and the specific city or municipality, followed by the abbreviation "S.S." (Scilicet), which essentially means "to wit" or "specifically," indicating the location of the notary's jurisdiction.

The Preamble

This section introduces the affiant. It includes your full legal name, citizenship, age, civil status (single, married, widowed), and your complete residential address. This establishes your identity and legal capacity to make the statement.

The Statement of Facts

This is the body of the affidavit. It is typically written in numbered paragraphs to maintain clarity. It should detail:

  1. Ownership: A declaration that you are the lawful owner or holder of the item.
  2. Identification: Specific details about the item (e.g., License number, Bank account number, Serial number).
  3. The Incident: When and where you last saw the item and how you discovered it was missing.
  4. Diligent Search: A statement confirming that you made a genuine effort to find the item but were unsuccessful.
  5. Irretrievability: A conclusion that the item is now considered lost and cannot be found.
  6. Purpose: A clear statement of why you are filing the affidavit (e.g., "to apply for a replacement").

The Jurat

The Jurat is the section where the Notary Public certifies that the affiant personally appeared, showed a valid ID, and swore to the truth of the contents. This part must remain blank until you are in the presence of the notary.

Standard Affidavit of Loss Sample Template

This general-purpose template can be adapted for most common items like company IDs, membership cards, or receipts.

REPUBLIC OF THE PHILIPPINES) CITY OF ____________________) S.S.

AFFIDAVIT OF LOSS

I, [Full Name], Filipino, of legal age, [Single/Married/Widowed], and a resident of [Complete Home Address], after having been duly sworn in accordance with law, do hereby depose and state that:

  1. I am the bona fide holder of a [Name of Lost Item, e.g., Employee ID] issued by [Name of Issuing Office/Company] with ID number [ID Number, if known].

  2. I used to keep the said document in my [Wallet/Bag/Drawer].

  3. On or about [Date of Loss], while I was at [Location where it was lost], I discovered that the said document was missing from its usual place.

  4. Despite diligent search and earnest efforts to locate the said document, the same could not be found and I now believe that it is lost beyond recovery.

  5. I have not pledged, mortgaged, or delivered the said document to any person or entity to answer for any obligation or purpose whatsoever.

  6. I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of requesting a replacement of the said lost document.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ________, 20 at ____________________, Philippines.

(Signature over Printed Name of Affiant)

SUBSCRIBED AND SWORN to before me this ____ day of ________, 20, affiant exhibiting to me his/her competent evidence of identity: [Type of ID] No. [ID Number] issued on [Date] at [Place of Issue].

Doc. No. ____; Page No. ____; Book No. ; Series of 20.

NOTARY PUBLIC

Specialized Templates for Specific Scenarios

Different items may require additional details. For instance, a vehicle document requires an engine number, while a bank passbook requires an account number.

How to write an Affidavit of Loss for a Driver’s License

When losing a driver's license, the Land Transportation Office (LTO) requires the specific license number. If you do not know the number, you may need to visit the LTO first to retrieve your records.

Statement of Facts for Driver’s License:

  1. I am a duly licensed driver with License No. [Number] which is valid until [Expiry Date].
  2. On [Date], while traveling from [Point A] to [Point B], my wallet containing the said license was lost/stolen.
  3. I have not surrendered said license to any traffic law enforcement agency for any traffic violation.
  4. I am executing this to request a duplicate license from the LTO.

Template for Lost ATM or Credit Cards

Banks are particularly strict. In addition to the affidavit, most banks require you to "call and block" the card immediately before submitting the notarized document.

Specific Clauses for Bank Cards:

  1. I am a depositor/client of [Name of Bank], [Branch Name], and the holder of [ATM/Credit Card Type] with Account Number [Number].
  2. I discovered the loss of said card on [Date] and immediately notified the bank’s customer service to block the account.
  3. No unauthorized transactions were made prior to the blocking, or [detail any unauthorized transactions if applicable].
  4. This affidavit serves as a formal request for the issuance of a new card.

Sample for Lost SIM Card (Registered)

With SIM Card Registration laws in effect in many regions, losing your SIM card now involves legal identity verification.

Specific Clauses for SIM Cards:

  1. I am the registered owner of a mobile SIM card with the number [Mobile Number] under the [Network Provider, e.g., Globe/Smart/Verizon] network.
  2. The SIM card was inserted in my mobile phone, which was lost/stolen on [Date] at [Location].
  3. I am reporting this loss to prevent the unauthorized use of my registered identity and to request a SIM replacement with the same mobile number.

Step-by-Step Process for Filing an Affidavit of Loss

Creating the document is only the first step. To make it legally binding, you must follow the proper administrative procedure.

1. Information Gathering

Before writing, find the specific details of the lost item. Check old photocopies, emails, or digital records to find serial numbers, account numbers, or issuance dates. If you don't have these, you may need to request a "Certification of Records" from the issuing agency first.

2. Drafting the Document

Use the templates provided above. Ensure that the facts are accurate. If the item was stolen, you should mention "theft" rather than "loss," and it is highly recommended to attach a Police Report to the affidavit.

3. Visiting the Notary Public

You must personally appear before a Notary Public. You cannot send a representative to sign for you, as the notary must witness your signature and verify your identity.

What to bring to the Notary:

  • At least two copies of your unsigned affidavit (the notary keeps one, you keep one).
  • A valid, unexpired government-issued photo ID (e.g., Passport, PhilID, Voter's ID). Note: If you lost your only ID, bring your birth certificate or have two witnesses who know you personally and have their own IDs.
  • Notarial fee (this varies depending on the city and the complexity of the document).

4. The Swearing-In

The notary will ask you if the contents of the document are true. After you affirm, you will sign the document in their presence. They will then stamp it with their seal and record it in their notarial book.

5. Submission

Once notarized, take the original copy to the agency where you are requesting the replacement. Always keep a photocopy for your personal records.

What are the requirements for a notarized Affidavit of Loss?

To ensure your affidavit is not rejected, verify that you meet the following requirements:

  • Legal Age: The affiant must be at least 18 years old. If the person who lost the item is a minor, a parent or legal guardian must execute the affidavit on their behalf.
  • Competent Evidence of Identity: You must present an ID that is recognized by law. A simple library card or a company ID might not suffice in some jurisdictions; government-issued IDs are the gold standard.
  • Personal Knowledge: You can only swear to things you personally know. If you are reporting something lost on behalf of someone else, you must state your relationship and why you are the one filing it.

Common Mistakes to Avoid

  1. Signing before visiting the Notary: The most frequent error is signing the document at home. A notary cannot notarize a signature they did not witness.
  2. Vague Descriptions: Simply saying "I lost my ID" is often insufficient. Specify the ID type, number, and issuing agency.
  3. Inconsistent Dates: Ensure the date of loss in the affidavit matches the date in any accompanying police reports.
  4. Incorrect Venue: Ensure the city listed at the top matches the city where the notary is actually located.

What is the difference between an Affidavit of Loss and a Police Report?

While they are related, they serve different purposes.

An Affidavit of Loss is a personal sworn statement used for administrative replacements. It focuses on the fact that the item is gone and you need a new one.

A Police Report is an official record created by law enforcement. It is necessary if the item was stolen or if the loss involved a crime (like a robbery or a house fire). Most agencies require both if the loss was due to theft. For simple misplacement (e.g., it fell out of your pocket), an Affidavit of Loss is usually enough.

Frequently Asked Questions

Can I file an Affidavit of Loss for someone else?

Generally, no. The person who suffered the loss should be the one to sign. However, if the owner is abroad, they can execute the affidavit and have it "authenticated" or "apostilled" at the nearest embassy or consulate. For minors, parents act as the affiant.

How much does it cost to notarize an Affidavit of Loss?

The cost varies significantly. In some local government centers, it may be as low as $2-$5 (or 100-300 PHP), while private law offices in commercial districts may charge more. Some public attorneys (like the PAO in the Philippines) provide this service for free to indigent clients.

Does an Affidavit of Loss expire?

The affidavit itself doesn't expire, but the agencies you submit it to usually require it to be "recent"—typically issued within the last 3 to 6 months.

What happens if I find the item after I filed the affidavit?

If you find the lost item, you should ideally surrender it to the issuing agency, as it has likely been cancelled in their system. Using a document that has been officially declared "lost" can sometimes lead to complications or be flagged as fraud.

Do I need a lawyer to write an Affidavit of Loss?

You do not strictly need a lawyer to write it, as you can use a template. However, you must see a lawyer who is a commissioned Notary Public to have it notarized and made legally valid.

Summary

The Affidavit of Loss is a powerful legal tool that facilitates the replacement of essential documents while protecting the integrity of identification systems. By using a structured template and following the mandatory notarization process, you can efficiently resolve the inconvenience of lost property. Always remember that the weight of the document lies in its truthfulness; ensure every detail—from the date of the incident to the identification numbers—is verified before you set foot in the notary’s office. Whether you are replacing a driver's license, a bank card, or a school diploma, the steps remain consistent: draft, verify, notarize, and submit.