Affidavit of Loss (Philippines)

An Affidavit of Loss in the Philippines sets out facts the deponent solemnly affirms to be true, in a form that can be relied on by a court or authority.

The Affidavit of Loss is governed by the general rules on notarial documents under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and by the specific administrative rules of the agency requiring it. Each Philippine government agency has its own procedures for accepting and acting on an Affidavit of Loss. The Land Transportation Office (LTO) requires an Affidavit of Loss for replacement of a lost driver's license, Certificate of Registration (CR), or Official Receipt (OR) of a motor vehicle, under LTO Office Order AHS-2019-012. The Land Registration Authority (LRA) requires a notarized Affidavit of Loss as one of the documentary requirements for petitioning for replacement of a lost Owner's Duplicate Certificate of Title under Section 109 of Presidential Decree 1529, which governs reconstitution of lost titles.

BSP-regulated banks — including BDO Unibank, Bank of the Philippine Islands (BPI), Metrobank, Land Bank of the Philippines (LBP), and RCBC — require a notarized Affidavit of Loss for replacement of a lost ATM card, passbook, check book, or company credit card. Most banks additionally require publication of the loss notice in a newspaper of general circulation for checks and financial instruments, under Section 18 of the Negotiable Instruments Law (Act 2031), before issuing a replacement.

The Bureau of Internal Revenue (BIR) requires an Affidavit of Loss for replacement of a lost Certificate of Registration (COR, BIR Form 2303), TIN card, or Authority to Print (ATP) under BIR Revenue Regulations No. 18-2012 and applicable Revenue Memorandum Orders. The Department of Foreign Affairs (DFA) requires an Affidavit of Loss for replacement of a lost Philippine passport under DFA Department Order No. 37-01, and for reporting the circumstances of loss if the passport was lost while abroad.

The affiant making a false statement in a Philippine Affidavit of Loss is subject to criminal liability for perjury under Revised Penal Code Article 183 and for use of falsified documents if the affiant seeks replacement of a document by falsely claiming it was lost when in fact it was sold, surrendered, or used fraudulently.

The legal framework governing the Affidavit of Loss (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Affidavit of Loss (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.

An Affidavit of Loss in the Philippines is required whenever a person needs to request the replacement of a lost government-issued document, financial instrument, or important certificate.

An Affidavit of Loss is required when the registered owner of a motor vehicle loses the LTO Certificate of Registration (CR) or Official Receipt (OR) and needs to apply for a replacement at the LTO branch, under LTO Office Order AHS-2019-012.

An Affidavit of Loss is required when the registered owner of land registered under the Torrens system (Presidential Decree 1529) loses the Owner's Duplicate Certificate of Title (TCT or CCT) and must file a petition for court-ordered reconstitution of the title or for issuance of a replacement owner's copy, under Section 109 of PD 1529.

An Affidavit of Loss is required when a bank depositor loses an ATM card, passbook, certificate of deposit, or checkbook and needs the BSP-regulated bank to cancel the lost instrument and issue a replacement, per the bank's internal loss reporting procedures and BSP consumer protection regulations.

An Affidavit of Loss is required when a taxpayer loses their BIR Certificate of Registration (Form 2303), TIN card, or Official Receipt booklet and must apply for a replacement from the BIR Revenue District Office, under BIR Revenue Regulations No. 18-2012.

An Affidavit of Loss is required when a Filipino citizen loses their Philippine passport and must report the loss to the DFA — at a Philippine embassy or consulate if abroad, or at the DFA central office if in the Philippines — before applying for a replacement passport under DFA Department Order No. 37-01.

An Affidavit of Loss is required when an employee or student loses a government-issued identification card — UMID, PhilSys National ID (RA 11055), professional PRC license, school ID, or company ID — and the issuing agency requires a sworn statement before issuing a replacement.

A valid Philippine Affidavit of Loss must contain the following elements.

Affiant Identification: Full legal name, age, civil status, nationality, and complete address of the affiant. For employed affiants, position and employer details strengthen credibility. TIN and cedula (CTC) number with issuing municipality and date must be included.

Description of Lost Item: Complete and specific description of the lost document or item — title (e.g., 'Driver's License'), issuing agency, document/serial number, date of issue, and any other identifying information. For financial instruments, the account number, branch, and issuing bank must be stated. For land titles, the TCT or CCT number, lot number, block number, location, and Register of Deeds must be described.

Circumstances of Loss: A narrative explaining when, where, and how the item was lost. The circumstances must be truthful and specific — e.g., 'lost on or about January 15, 2025, somewhere along EDSA, Quezon City, while commuting to work.' Vague statements of loss weaken the affidavit.

Diligent Search Statement: A declaration that the affiant has diligently searched for the lost item in all likely places and has been unable to find it despite such search. This is required by most Philippine agencies to confirm the item is genuinely lost and not temporarily misplaced.

Non-Use/Non-Encumbrance Declaration: A statement that the lost document has not been sold, transferred, pledged, mortgaged, used as collateral, or otherwise encumbered — and that the affiant will not use it if found, but will surrender it to the issuing authority. This is particularly important for financial instruments and land titles.

Jurat Block: Notarized as a sworn statement (jurat) under Section 2(a) of the 2004 Rules on Notarial Practice. The notary records the affiant's ID, CTC number, and notarial register entries. The affiant swears under oath and signs in the presence of the notary.

Additional compliance elements for a Affidavit of Loss (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.