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Last updated: 7 février 2026

In the Philippines, an Affidavit of Loss of Cheque / Check is a crucial legal document used to formally declare the loss or theft of a bank cheque.

This sworn statement is typically required by banks to initiate a "stop payment" order, prevent unauthorized encashment, and facilitate the replacement of the lost instrument.

It protects the drawer (issuer) from potential liability should the lost cheque fall into the wrong hands and be fraudulently encashed, and it also assists the payee in securing a new payment.

This document serves as a formal notification to all concerned parties, including the bank, that the specified cheque is no longer in the possession of the rightful owner or payee and should not be honored if presented.

It's an indispensable step for safeguarding financial interests and maintaining the integrity of banking transactions.

When is this document required?

  • Stop Payment Orders: Banks almost universally require an Affidavit of Loss before they will process a request to stop payment on a lost or stolen cheque. This is a critical step to prevent fraudulent encashment.
  • Requesting a Replacement Cheque: If you are the payee and have lost a cheque issued to you, the drawer (the person or entity who wrote the cheque) will likely ask for this affidavit before issuing a replacement.
  • Protecting Against Fraud: By formally declaring the loss, the affiant creates a legal record that can be used to dispute any future unauthorized transactions involving the lost cheque.
  • Compliance with Bank Policies: Most financial institutions have strict policies regarding lost instruments, and an affidavit of loss is a standard requirement to mitigate risks for both the bank and its clients.

Legal Requirements:

The affidavit must be executed by the person who lost the cheque (either the drawer or the payee) and must be notarized by a commissioned Notary Public in the Philippines.

The notary public will verify the identity of the affiant and administer the oath.

Under Philippine law, making false statements in a sworn affidavit constitutes Perjury, which is a serious criminal offense punishable under the Revised Penal Code.

It is imperative that all details provided in the affidavit are accurate and truthful to avoid legal repercussions.

This legal formality underscores the gravity of the declaration and provides a layer of legal protection for all parties involved.

The document ensures that the declaration of loss is made under oath, lending it legal weight and validity in transactions with banks and other financial institutions.

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