Affidavit of Loss for Mobile Phone and Bank Card Philippines
Below is a practical, lawyer-style explainer of everything you need to know about preparing and using an Affidavit of Loss for a Mobile Phone and Bank Card in the Philippines. It blends statutory and procedural rules with real-world practice so you can draft, execute, and present the document with confidence.
1. What an Affidavit of Loss Is
| Key Point | Why It Matters |
|---|---|
| Definition | A sworn statement narrating how, when, and where you lost a specific property—in this case a phone and/or a bank card—and affirming that, after diligent search, it cannot be found. |
| Legal Value | Admissible as testimonial evidence if the affiant later testifies (Rules on Evidence, Rule 132, §4). |
| Formality | Must be subscribed and sworn before a duly commissioned notary public (2004 Rules on Notarial Practice). |
| Penalties for Falsehood | Making a willful false statement exposes the affiant to perjury (Art. 183, Revised Penal Code) and possible bank fraud liability. |
2. Typical Reasons You Need One
- Blocking the lost phone’s IMEI and requesting a replacement SIM/eSIM from your telco.
- Applying for a new debit/credit card and shifting liability for fraudulent charges.
- Claiming insurance (some gadget-protection schemes and credit-card insurance require it).
- Documenting loss for police records when the police blotter is incomplete or unavailable.
3. Core Statutory & Regulatory Anchors
| Source | Relevance |
|---|---|
| Civil Code, Arts. 1170–1172 | Establishes liability for negligence—important when the bank weighs your fault in card loss. |
| BSP Circular No. 808-2013 | Guides banks on cardholder liability; an affidavit is often part of the bank’s loss-notification checklist. |
| National Telecommunications Commission (NTC) Memorandum Circular 01-05-2007 | Requires telcos to permanently block IMEIs reported lost/stolen—affidavit is standard proof. |
| Data Privacy Act (RA 10173) | Governs handling of personal data in a lost phone. Mentioning that data is compromised helps speed blocking. |
4. Minimum Contents of the Affidavit
Title – “Affidavit of Loss”
Personal details – Full name, age, civil status, nationality, address, government-issued ID details.
Ownership details
- Mobile phone – brand/model, IMEI, serial number, Telco number/SIM ICCID (if known).
- Bank card – issuing bank, card type (credit/debit/ATM), last four digits, account name.
Narrative of events
- Date, time, and place last seen.
- Circumstances (e.g., snatched on MRT, misplaced in taxi, flood damage).
- Diligent efforts taken to locate (called own number, traced via “Find My …”, checked lost-and-found, filed police blotter).
Statement of loss – affirming that despite diligent search, the items remain missing.
Purpose clause – e.g., “to request Globe Telecom to deactivate the IMEI and to request BPI to issue a replacement debit card and waive liability for unauthorized transactions.”
Signature block – affiant’s signature over printed name.
Jurats – notarial acknowledgment, with notary’s seal and signature, date, and Doc/Book/Page/Series numbers.
5. Step-by-Step Preparation & Execution
| Step | Details |
|---|---|
| Draft | Use any word-processor. Keep it on a single page where possible. |
| Attach proof | Photocopy of any official ID (government-issued). For phones, attach original purchase receipt or box sticker if available; for cards, a statement showing the last four digits. |
| Locate a notary | Any lawyer in good standing who holds a notarial commission in the city/municipality of execution. |
| Bring originals | The notary must view the original ID and compare copies. |
| Sign in person | You must sign in the presence of the notary. E-notarization is still uncommon and limited to areas where courts permit it. |
| Pay fees | Typical range: ₱150–₱300 in Metro Manila; provincial rates may vary. |
| Receive notarized copies | At least two copies: one for your records and one to file with the telco/bank. Notaries retain a third for their Notarial Register. |
6. Using the Affidavit with Specific Institutions
A. Telcos (Globe, Smart, DITO, etc.)
- Call or visit a customer-service center with the affidavit and valid ID.
- Request IMEI blocking. Once blocked, the phone cannot register on Philippine networks even if the SIM is replaced.
- Ask for SIM replacement or eSIM activation. Telcos usually waive the replacement fee when an affidavit is presented.
- Processing time: 4–24 hours for IMEI blocking; same day for new SIM/eSIM.
B. Banks (BPI, BDO, Metrobank, etc.)
- Report loss immediately via hotline to minimize potential liability (BSP circular suggests within 24 hours).
- Submit the affidavit through a branch or email channel the bank specifies.
- Bank evaluation – the bank checks last transactions, affidavit, and your account history.
- Replacement card – printed in 3–7 banking days (varies).
- Liability cap – many banks cap unauthorized charges at ₱50,000 or waive entirely if loss is reported promptly and no negligence is shown.
7. Sample Template (Plain Text)
REPUBLIC OF THE PHILIPPINES )
______________________ ) S.S.
AFFIDAVIT OF LOSS
I, JUAN DELA CRUZ, of legal age, Filipino, single, and residing at
123 Mabuhay St., Quezon City, after having been duly sworn,
depose and state that:
1. I am the lawful owner and holder of:
a. One (1) Apple iPhone 14 Pro, IMEI 356789123456789,
Globe Postpaid No. (+63) 917-123-4567; and
b. One (1) BPI Debit Mastercard ending in 1234.
2. On 15 June 2025, at around 6:30 p.m., while commuting on the
MRT-3 Northbound train between Ayala and Shaw Stations,
I discovered that my bag had been unzipped and the above
phone and bank card were missing.
3. I conducted diligent searches and inquiries—including calling
my number, using “Find My iPhone,” reporting the incident to
the MRT Security Office (Blotter Entry No. 2025-0615-101),
and retracing my steps—but all efforts proved futile.
4. The aforesaid items are now beyond recovery and considered
permanently lost.
5. I execute this Affidavit to attest to the truth of the foregoing
facts and to request: (a) Globe Telecom, Inc. to deactivate
the IMEI and replace my SIM; and (b) Bank of the Philippine
Islands to cancel and reissue my debit card and waive any
unauthorized transactions.
IN WITNESS WHEREOF, I have hereunto set my hand this
16 June 2025 in Quezon City, Philippines.
(sgd.) ______________________
JUAN DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me...Feel free to adjust the narrative, dates, and device/card details to match your circumstances.
8. Common Pitfalls & How to Avoid Them
| Pitfall | Prevention Tip |
|---|---|
| Vague description | Always include IMEI or serial number and last four digits of the card. |
| Out-of-date ID | Bring a current, unexpired government ID (passport, driver’s license, PhilSys card). |
| Signing before notarization | Sign only in the notary’s presence to avoid having to rewrite and re-sign. |
| Relying solely on the affidavit | Still file a police blotter—banks and insurers may require both. |
| Delay in filing | Telcos and banks often deny reimbursement or refuse to waive fraudulent charges if loss is reported after 7 days. |
9. Costs & Timelines at a Glance
| Item | Typical Cost | Normal Turn-around |
|---|---|---|
| Notarial fee | ₱150 – ₱300 | 15 minutes |
| Police blotter | Usually free | 30 – 60 minutes |
| SIM replacement | ₱0 – ₱100 (often waived) | Same day |
| Replacement bank card | ₱150 – ₱300 (some free) | 3 – 7 banking days |
| Courier delivery (optional) | ₱150 – ₱200 | 1 – 3 days |
10. FAQs
Q : Can I use one affidavit for both items? A : Yes, provided the narrative clearly describes each item; otherwise banks might ask for a separate affidavit.
Q : Does an affidavit guarantee the bank waives fraudulent charges? A : Not automatically. It supports your claim, but the bank still investigates negligence and reporting time.
Q : Do I need a lawyer to draft it? A : Not necessarily. Many people self-draft using templates. Just ensure clarity and truthfulness; the notary will not correct substantive errors.
Q : Is a scanned or emailed affidavit acceptable? A : Increasingly yes, but some banks still require the hard copy within a set period. Ask your branch.
Q : What if the phone is later found? A : Send a withdrawal affidavit to the telco and bank so the IMEI can be reactivated and records corrected. Failing to do so may expose you to perjury.
11. Final Reminders
- Keep multiple photocopies and digital scans of the notarized affidavit.
- Store a secure copy of device identifiers (IMEI, serial numbers) and card details in a password manager so you can quickly supply them if a loss occurs.
- This write-up is informational. Complex or high-value losses—especially those involving identity-theft or large fraudulent charges—warrant personalized legal advice from a Philippine attorney.
By understanding the legal framework, drafting the affidavit properly, and following each institution’s procedure, you can minimize downtime, financial exposure, and stress after losing a mobile phone or bank card in the Philippines.
Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.