Affidavit of Loss in the Philippines
In the Philippines, an affidavit of loss is a legal statement where an individual declares that an important document is no longer to be found and no longer in their possession. The loss may be due to misplacement, theft, destruction by fire or calamities, or other reasons. In addition, the affidavit includes comprehensive details regarding the loss, such as the owner’s name, the title of the document, the date of issuance, a narration of how the document was lost, stolen, or destroyed, and a request for document replacement.
What is the Purpose of an Affidavit of Loss?
Anyone who needs to replace the lost, stolen, or destroyed documents such as land title and other important documents can submit an affidavit of loss. An affidavit is essential for preventing fraudulent activities and serves as an official record in various legal and administrative proceedings. Additionally, the affidavit of loss serves the following purposes:
- Verification of Lost Document. By filing an affidavit of loss, an individual declares that their document was lost, stolen, or destroyed. An affidavit of loss provides important details about how, where, and when the document was lost, stolen, or destroyed. It also includes the affiant’s personal information, which can prove ownership.
- Replacement of the Lost Documents. The government agencies and institutions require an affidavit of loss before issuing a replacement for the lost document. It helps them verify the circumstances of the loss and prevent fraudulent claims for replacements.
- Prevents Unauthorized Use. Filing an affidavit of loss becomes necessary when a document is lost and cannot be located. Similarly, if a document is stolen or destroyed due to fire, calamity, or other reasons, it can also be replaced with an affidavit. An affidavit of loss serves to prevent unauthorized use and protects the documents from potential liabilities.
What are the Requirements to Secure an Affidavit of Loss?
In order to secure an Affidavit of Loss, the affiant must prepare the following requirements:
- Original Residence Certificate or Cedula;
- Original or photocopy of any valid government-issued identification with photo and signature; and
- If represented by someone else, an authorized letter from the document owner is required.
Where to File an Affidavit of Loss?
Individuals are required to submit and file the duly notarized affidavit of loss to inform the Registrar’s Office, Court, or any agency that the original document has been lost, stolen or destroyed. Additionally, the affiant must file the affidavit to obtain a new certified copy of the lost document.
Furthermore, an affidavit of loss is required to be notarized by a notary public or other authorized officer capable of administering oaths. Notarization verifies that the affiant attests to the truthfulness of the contents of their affidavit. In this regard, the affiant or the person filing the affidavit must be present before the notary, affirm the accuracy of their statement, and sign it in the presence of the notary. Additionally, if the affiant’s statement is found to be false, they can be prosecuted for perjury or lying under oath.
How to File an Affidavit of Loss?
An affidavit of loss is used when the owner wants to replace the lost document with a new one. These documents could be government-issued IDs, certificates, licenses, and such. For compliance, most government institutions and companies require an affidavit of loss before issuing a replacement.
In order to get a replacement of the lost document, the affiant must follow these procedures:
- Prepare the Documents. The affiant must write the affidavit of loss and provide all relevant information, such as their personal information, brief description of the lost, stolen or destroyed document, and a narration of how the document got lost, stolen or destroyed. On this matter, it is advisable for the affiant to prepare supporting documents that may prove their ownership of the lost document.
- Visit a Notary Office. The affidavit of loss must be notarized for it to become a legal document and to attest that all provided information on it is accurate and complete. The affiant is required to bring a valid ID for identification purposes and sign the affidavit in front of the notary public.
- Pay the Notary Fee. Notarization of documents starts around PHP100.00. Additionally, individuals could request an affidavit of loss from the public notary office which costs PHP350.00. However, these prices may still vary depending on the notary public.
- File the Affidavit. The affiant shall submit the duly notarized affidavit of loss to the Registrar’s Office, Court or any agency in order to inform them that the original document has been lost, stolen or destroyed.
- Receive the Replacement. Once the affidavit has been submitted to the Registrar’s Office, Court or any agency, a new certified copy of the lost document will be given to the affiant.
However, if the affidavit is to be processed by a representative, they must provide an authorized letter from the document owner. The letter should explain why the document owner cannot personally file the affidavit and authorize the representative to act on their behalf.
How Long is the Validity Period of an Affidavit of Loss?
An affidavit of loss has no specific expiry date, but it is only valid for the specific incident where the document is lost, stolen or destroyed. Therefore, the affiant may only use it once. If the replacement of the lost document got lost, its owner is required to file another affidavit and can no longer use the previous one.
What Should I Do if the Lost Document is Found After Filing an Affidavit of Loss?
If the affiant has found his/her lost document, but has already received the document replacement, then he/she shall simply surrender the found original document or keep it until it expires. However, before submitting an affidavit, individuals must ensure that the document is thoroughly searched for to avoid the hassle of filing an affidavit.
Need further information and assistance regarding Affidavit of Loss? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
