Affidavit of Loss

An Affidavit of Loss is a document declaring the loss of security usually theft of or destruction. The
affidavit contains all the details regarding the loss, such as the owner’s name and any information
pertaining to the security. That information may include a serial number or the security’s date of issue
Kenton, 2021). An Affidavit of Loss is usually required when requesting for a replacement of a lost
document.

How to Use This Document

This document should be completed 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 includes identifying information of the Affiant, including their name,
citizenship, age, and address. If the Affiant is a minor, the user will be asked the name of the guardian
who will accompany the Affiant to the notary public and sign the affidavit. The guardian is the legal
guardian who may be the parents or a court-appointed guardian.

The document then describes the object that was lost and the circumstances of the loss. Finally, the
document explains that the information stated therein are based on the personal knowledge of the
Affiant and the Affiant verifies the truth of the said information. Finally, the Affiant may request for a
replacement of the lost document.

Once the affidavit has been completed, the Affiant must print at least 2 copies of the document.
Thereafter, 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 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.

Applicable Law

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

Sample of Affidavit of Loss

Affidavit of denial may be submitted to clear one's name when there are other records bearing the same
name with pending case or derogatory information.

National Bureau of Investigation- It is a government agency managed by the Department of Justice

NBI Clearance- Issued by the National Bureau of Investigation (NBI), the NBI clearance is an official police
background check certifying you do not have a criminal record in the Philippines. The certificate is
commonly used for visa applications, job applications, and other official purposes.
Application/Petition to Wire Tap- an application to the court requesting for the issuance of an order
allowing the conduct of wire tapping.

Wire Tapping is the surreptitious electronic monitoring of telephone, telegraph , cellular, fax or internet-
based communications. It is achieved either through the placement of monitoring device informally
known as bug on the wire in question or through built in mechanisms. In other communication
technologies (techtarget.com, 2014).

REPUBLIC ACT No. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS
OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.

Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word by using
a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape
recorder, or however otherwise described:

Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any
peace officer, who is authorized by a written order of the Court, to execute any of the acts declared
to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage,
provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy
and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition,
inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of
Commonwealth Act No. 616, punishing espionage and other offenses against national
security: Provided, That such written order shall only be issued or granted upon written application
and the examination under oath or affirmation of the applicant and the witnesses he may produce
and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed or is being committed or is about to be committed: Provided,
however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such
authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may
be, have actually been or are being committed; (2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the
prevention of, any of such crimes; and (3) that there are no other means readily available for
obtaining such evidence.

Unlawful recordings recorded in violation of Section 1 of the Anti-Wiretapping Act are NOT
admissible as evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation, regardless of whether or not the recordings are relevant to the case.

This is according to Section 4 of the Anti-Wiretapping Act.

Note: Section 3 of the Act allows law enforcement to obtain court orders allowing them to
record with or without consent communications in cases involving crimes such as treason,
espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit
sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of
Commonwealth Act No. 616, punishing espionage and other offences against national security .