An Affidavit of Loss of Driver’s License in the Philippines is a crucial sworn statement required by the Land Transportation Office (LTO) when a driver’s license has been lost, stolen, or misplaced.
This legal document attests to the circumstances of the loss and is a mandatory requirement for applying for a replacement license.
It helps prevent fraudulent use of the lost license and establishes a formal record of its disappearance.
When is this document required?
- Replacement of Lost License: It is an absolute requirement for applying for a duplicate or replacement driver's license from the LTO. Without this sworn affidavit, the LTO will not process an application for a new license, making it an indispensable step in recovering driving privileges.
- Stolen License: If your driver's license was stolen, this affidavit is typically submitted along with a police report. The combination of these two documents provides a comprehensive record for both the LTO and law enforcement, formalizing the event and supporting your application for a new license while documenting the criminal act.
- Preventing Misuse: By formally declaring the loss of your driver's license through a notarized affidavit, you establish a legal record that protects you from potential liabilities. Should the lost license be used fraudulently by another party for identity theft, illegal transactions, or other criminal activities, the affidavit serves as crucial evidence that you had formally reported its loss prior to any such misuse.
Legal Requirements:
The affidavit must be personally executed by the driver's license holder (referred to as the affiant) and must be notarized by a commissioned Notary Public in the Philippines.
This notarization process legally binds the affiant to the truthfulness and accuracy of all statements made within the document.
It is a solemn declaration under oath.
Under Philippine law, making false statements or misrepresentations in a sworn affidavit constitutes Perjury, which is a serious criminal offense punishable under the Revised Penal Code.
Therefore, it is critically important to provide only accurate and truthful details regarding the circumstances of the loss to avoid severe legal repercussions.
The document should explicitly state all personal details of the affiant, the specific driver's license number (if known), the type of license (Professional or Non-Professional), the approximate date and specific place where the loss occurred, and a detailed description of the circumstances surrounding the loss.
Furthermore, the affidavit must include a statement confirming that the driver's license was not confiscated by any authority for any violation of traffic laws or regulations, nor was it pledged as collateral for any loan or financial obligation.
This comprehensive and truthful declaration is essential for the valid processing of a replacement license application.