Affidavit of Loss

What is an Affidavit of Loss?

An Affidavit of Loss is a written statement that describes the facts concerning the loss of an object, usually a document such as an identification card, a driver's license, a passport, or documents relating to the registration of vehicles. An Affidavit of Loss is usually required when requesting a replacement of a lost document or item.

This document is used by a person, known as the Affiant, who can attest under oath of their personal knowledge of the circumstances of the loss of the object. The affiant is usually the owner of the lost object, especially if the affidavit is going to be used to support an application for a replacement of the lost object.

The document then describes the object that was lost and the circumstances of the loss. Finally, the affiant may request a replacement or re-issuance of the lost document.

What is the difference between an Affidavit of Loss and an Affidavit of Destruction or Mutilation?

While the purpose of these two documents is the same in that they want the replacement of the lost or destroyed document or object, an Affidavit of Loss states the circumstances of the loss of the document or the object. An Affidavit of Destruction or Mutilation states the circumstances of the destruction or damage of the document.

Is it mandatory to have an Affidavit of Loss?

Yes, because if the document is issued by a government office, the person who lost the document or object must swear on the circumstances of the loss of the same in order for a replacement to be issued.

The same is true with some private institutions such as schools, they may require an Affidavit of Loss in case a school ID or a school record can no longer be found despite diligent effort.

What must an Affidavit of Loss contain?

An Affidavit of Loss should contain the following information:

• The identity of the affiant (and his guardian if the affiant is not of legal age) whose object or document was lost,
• The details of the lost object or document,
• The circumstances of the loss, and
• The reason for the creation of the affidavit (i.e. replacement or re-issuance).

Who is involved in an Affidavit of Loss?

The person who lost the document or object who is usually its owner, is the person who should sign an Affidavit of Loss, this person is also referred to as the Affiant. The guardian must also sign the affidavit if the affiant is a minor.

What are the prerequisites of an Affidavit of Loss?

If it can be shown that the document or object was stolen, it is best to report the same to the authorities i.e. police, especially if the document or object is valuable to the affiant.

What has to be done once an Affidavit of Loss is ready?

Once the affidavit has been completed, the affiant must print at least 2 copies of the document, and then proceed with its notarization.

The affiant must personally appear before a notary public and present at least one current identification document (I.D.) issued by an official agency bearing the photograph and signature of the Affiant. The affiant must swear under oath the whole truth of the contents of the affidavit and then sign all copies of the affidavit. If the affiant is a minor, the affiant must be accompanied by a legal guardian, which may be a parent or a court-appointed guardian, when signing the affidavit. The guardian must also sign the affidavit. The affiant will be asked to leave one original copy for the files of the notary public.

Once notarized, the affiant may use the document as needed, including as support for any application for a replacement of the lost object.

Which documents should be attached to an Affidavit of Loss?

The following should be attached to the document, if applicable:

• If what was lost was a stock certificate and a representative is asked to execute an affidavit of loss, then the authorization of said representative should be attached:
  • Attach a partners' certificate, if the owner is a partner in a partnership,
  • Attach a secretary's certificate or director's certificate, if the owner is a stockholder in a corporation,
  • Attach a special power of attorney if the owner issued a special power of attorney for this purpose.
• If the affiant has proof as to how the loss took place, then he may attach photos or some other proof to establish the loss.
• At least one current identification document (I.D.) issued by an official agency bearing the photograph and signature of the Affiant should be presented during notarization.

Is it necessary to notarize an Affidavit of Loss for it to be valid?

Yes. because affidavits are sworn statements that should be executed or signed in the presence of a notary public.

What are the costs involved in the finalization of an Affidavit of Loss?

Notarization fees for an Affidavit of Loss are typically PHP100 to PHP500.

Which laws are applicable to an Affidavit of Loss?

There are no laws outlining the contents of an Affidavit of Loss. However, affidavits are governed by the 2004 Rules on Notarial Practice.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.