The Land Transportation Office (LTO) and its agencies in different parts of the country also issue duplicate Official Receipts and Certificates of Registration (OR/CR) in cases of loss or theft. When they do, they also require an Affidavit of Loss OR/CR to prove that it is irrevocably lost and is already irretrievable despite the owner’s best efforts.
Because two of the most important documents for every motorcycle (MC) and motor vehicle (MV) owner out there, losing it can be painful. Luckily, getting a replacement doesn’t take much, though it does require some documents,including an Affidavit of Loss, to be submitted. If you are a motorcycle or a car owner who needs a replacement OR/CR for whatever reason, then this guide will teach you how to secure a sworn statement of loss or an Affidavit of Loss for Lost or Stolen OR/CR.
Affidavit of Loss for Duplicate OR/CR
An Affidavit of Loss is a legal document declaring the loss of something. In the case of requests for Duplicate OR/CR, the Affidavit of Loss serves as the MV owner’s oath or sworn statement that the OR/CR is irretrievably lost and cannot be found despite the owners best efforts, so the owner and the agency can deem it lost for good.
The LTO OR/CR are of utmost importance as they prove that the owners have gone through the legal process of getting the vehicle registered and traceable and verified for its roadworthiness. That said, getting a replacement OR/CR is inevitable. With an Affidavit of Loss, the car owner not just explains in writing how the OR/CR was lost, but also makes it officially documented and notarized with the help of a licensed lawyer.
Content of an Affidavit of Loss OR/CR
Though the Affidavit of Loss can be used under different circumstances related to losses and the LTO, the affidavit itself is unchanging in its content, and must always contain the following information:
- Title of the document
- Personal information
- Full name
- Statement that affiant is of legal age
- Civil status
- Citizenship
- Residence address
- Residence Certificate Number
- A narration of the circumstances of the loss, which includes
- A description of the item or document lost
- A description of how it got lost
- The effort exerted to find it; and
- Your request for a replacement of the item or document lost.
- The signature of the affiant or the person executing/signing the document.
- The jurat or the oath or affirmation before the notary public that you have personally executed the document in the notary’s presence.
For Affidavit of Loss to be used at the LTO in the application for a duplicate OR/CR, the licensee must also satisfy other documentary requirements for processing duplicate OR/CR along with other pertinent personal information.
Benefits of Getting an Affidavit of Loss OR/CR
Securing an Affidavit of Loss in order to fulfill the requirements to apply for duplicate OR/CR also means inevitably enjoying the following benefits:
- Securing a duplicate OR/CR so can drive your car on public roads.
- You have legal proof that your car is legally acquired and is roadworthy.
- You can avoid facing problems, in cases when you are called to stop for inspection.
- You have the complete requirements to renew your MV or MC registration.
- You can sell your MV or MC easily as it comes with complete papers.
- You won’t be at a disadvantage in case a dispute arise due to accident or traffic collision
- The LTO OR/CR also serves as your MV or MC’s unique ID and is considered one of the motor vehicle’s identification documents.
Who Can Get a Notarized Affidavit of Loss for LTO Duplicate OR/CR
Securing an Affidavit of Loss in order to acquire a duplicate or replacement OR/CR can be done by anybody who owns a registered motor vehicle or motorcycle in the Philippines in cases of loss or damage of the original.
Requirements for Securing a Notarized Affidavit of Loss for LTO Duplicate OR/CR
Securing a Notarized Affidavit of Loss requires the same things regardless of the lost item or document. These requirements include a community residence certificate, a proof of identity, and money for the notarial fees.
To apply for a duplicate OR/CR, you will also need the following:
- Latest Official Receipt (OR) of payment of registration (if available)
- Actual inspection of the motor vehicle
- Duly accomplished and approved Motor Vehicle Inspection Report (MVIR) (stencil form).
- Two valid primary IDs (government-issued) of the registered owner (photocopy with the original signature specimen).
- If the MV or MC is company-owned: a certification from the management of the company.
- If the MV or MC owner is sending a representative: a duly-signed authorization letter with the representative and the owner’s IDs.
Procedures for Securing a Notarized Affidavit of Loss for LTO Duplicate OR/CR
If, somehow, you find yourself in need of a notarized Affidavit of Loss to secure a duplicate or replacement OR/CR for your motor vehicle, then you may refer to this guide on how to secure an LTO Affidavit of Loss.
Fees for Securing a Notarized Affidavit of Loss for LTO Duplicate OR/CR
When it comes to the fees associated with the Affidavit of Loss for duplicate OR/CR, you have the option to come prepared with an affidavit and pay for notarial services only. The price ranges from P100.00 to P400.00. If you can’t prepare the affidavit, however, you might need to pay around P500.00 to P800.00 depending on the notary public that you are visiting. For indigents, the Public Attorney’s Office gives out notarized Affidavit of Loss for free.
Sample Affidavit of Loss for LTO Duplicate License Template
If you have no idea about how an Affidavit of Loss looks like on paper, this sample Affidavit of Loss for lost LTO OR/CR can help you write one without starting from scratch.
REPUBLIC OF THE PHILIPPINES)
CITY OF MAKATI ) S.S.
x—————————-x
AFFIDAVIT OF LOSS OR/CR
I, ___________________, of legal age, Filipino, (single/married/widow) and a resident of _______________________________, after having been duly sworn to in accordance with law, depose and state THAT:
1. I am the registered owner of a motor vehicle which is particularly described as follows:
Make & Type : ______________
Motor Number : ______________
Chassis Number : ____________
Plate Number : ______________
MV File No. : ________________
Year Model/Color : ___________
2. As proof of ownership of the above-described vehicle I was issued by the Land Transportation Office, Official Receipt (OR) and Certificate of Registration (CR);
3. The said documents while in my possession were misplaced and could no longer be located in spite of diligent efforts to locate them;
4. Said documents were neither transferred to other persons/entity/financial institutions for any consideration nor encumbered to guarantee financial obligations with any financial institution;
5. Said documents were not confiscated by any government authorities for violation of R.A. 4136 and other related laws;
6. I shall assume responsibility or liability if in any event I will use these documents for whatever illicit transactions;
7. I am executing this affidavit to attest to the veracity of my statements and to support my request for duplicate copies of the lost MVRR/MVMRR/OR/CR with the Land Transportation Office (LTO).
IN WITNESS WHEREOF, I have hereunto set my hand this ___________________ in Makati City, Metro Manila, Philippines.
| ____________________ Affiant. SSS ID No. _____________ |
SUBCRIBED AND SWORN TO before me this ___________________ in _________________, Philippines, affiant exhibiting to me his/her competent evidence of identity by way of __________________ issued at ______________ on __________________.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2013.
Important Tips and Warnings
For your reference, here are some important reminders you might want to take note of:
- An Affidavit of Loss usually has the same format, so you may check and tweak the pro forma templates available online to save you time and money in getting one.
- The Affidavit of Loss is a formal and more official version of a sworn statement explaining the loss of the LTO OR/CR.
- Securing an Affidavit of Loss usually entails making payments, but indigents may get it for free at the Public Attorney’s Office.
- An Affidavit of Loss is a sworn statement, so it must be truthful and accurate, to avoid the risk of facing charges for perjury.
- If the LTO finds out that you have executed a false affidavit to secure a duplicate OR/CR, you might face legal repercussions and risk being penalized.
- The LTO does not have their own pro forma template for the Affidavit of Loss so you may simply make one or have the Notary Public make one for you.
- To save money when getting a notarized Affidavit of Loss for duplicate OR/CR, you might want to have an affidavit document prepared before heading for the notary public’s office.
- All Affidavit of Loss includes a jurat or an oath or affirmation before the notary public that you have personally executed the document in the notary’s presence.
Video: How to File a Replacement Request for Lost or Stolen LTO OR/CR
Learn more about the fees, requirements, and procedures in the actual application for replacement of lost OR/CR at the LTO. Watch this video from Kuys Tony..
Frequently Asked Questions (FAQs)
To learn more about executing an Affidavit of Loss for lost LTO OR/CR, here are some common questions and answers that might help:
1. Is an Affidavit of Loss legal and acceptable as declaration for lost OR/CR?
Yes. The Affidavit of Loss is a legal document executed under oath and notarized to attest to the truth of the loss of the OR/CR.
2. Will the notary public entertain my request for a notarized Affidavit of Loss for duplicate OR/CR if I do not have an ID?
Yes. If you satisfy any of the following conditions, the notary public may notarize your Affidavit of Loss:
a. The notary public personally knows you;
b. The notary public does not know you, but there is at least one credible witness personally known to the notary public who can confirm your identity;
c. If you can bring two credible witnesses who have IDs, and they can confirm your identity to the notary.
3. How much does the Affidavit of Loss for Duplicate OR/CR cost in the Philippines?
Like the regular Affidavit of Loss, the fees for a notarized Affidavit of Loss for Duplicate OR/CR usually starts at P100.00 and may reach up to P500.00 to P800.00, depending on the location and prestige of the notary public.
4. Is there a free Affidavit of Loss?
Yes. The Public Attorney’s Office (PAO) provides free notarial services and Affidavits of Loss to indigent persons, provided that they can show proof of indigency.
5. How can one be considered indigent?
To be considered indigent, the family income of the requesting party should not exceed P14,000.00 per month if in Metro Manila, P13,000.00 for other cities, and P12,000.00 for all other places. You may also check the Legal Office or the Councilor’s Office of your city or municipality, as they sometimes offer free notarial services to their constituents.
6. Does the Affidavit of Loss expire?
No. An Affidavit of Loss does not expire, but it does have limited use and validity. It is only valid for the specific incident of loss, and can only be used once. It means if you are looking to get a duplicate OR/CR, you may only use it for one replacement transaction. Having said that, if you lose the OR/CR again, you’ll have to execute another Affidavit of Loss.
7. Can I get an Affidavit of Loss for lost OR/CR at the barangay hall?
Yes. You may check the barangay for free notarial services that they sometimes offer to their constituents. This means that you may be able to secure a free Affidavit of Loss from there. In case there aren’t free notarial programs available, then there’s no way to execute an Affidavit of Loss from there.
8. Is there an LTO-accredited Notary Public where I can execute my Affidavit of Loss?
No. There aren’t any LTO-accredited Notary Public anywhere in the country. Having said that, you can get and execute your Affidavit of Loss for duplicate OR/CR anywhere in the country.
Summary
The LTO-issued OR/CR are the two of the most important documents you will ever have as a car owner. These two needs to be kept well. In cases when you can’t, there’s an option to request for duplicate OR/CR by executing an Affidavit of Loss which details the lost item and the description of the loss. It’s a simple matter which can be done at any Notary Public’s office in the country for a fee.