Among the many services offered by the Land Transportation Office (LTO) is the transfer of motor vehicle or motorcycle ownership. For this service, however, the seller needs to execute an affidavit known as the Affidavit of Warranty LTO and file it with the LTO when registering a vehicle they intend to sell. It serves a lot of different purposes too, which you will learn more about as we go along.
The Affidavit of Warranty LTO refers to the notarized affidavit issued by the LTO that serves as proof of title to the seller of a vehicle. It also serves as a guarantee, especially for buyers of second hand vehicles, that the vehicle doesn’t come with potential liabilities, defects, or legal issues. To get a notarized Affidavit of Warranty LTO, here’s everything you need to know.
What is Affidavit of Warranty LTO
An Affidavit of Warranty LTO refers to the legal document provided by the Land Transportation Office (LTO) in the Philippines. It is a mandatory document for when you need to register your motor vehicle and transfer motor vehicle ownership, especially when buying second hand or used vehicles.
Like any other affidavit, the Affidavit of Warranty LTO is a sworn statement. It is executed by sellers of second hand vehicles. This affidavit is meant to state in writing that the vehicle being sold is the property of the seller and that he/she will be responsible for any defects or claims against the vehicle. The affidavit should also state that the seller, the vehicle, or its documents, is legitimate, free from any issues, and is not involved in any criminal activities. With this document, the buyer is assured that there is no problems with the vehicle being bought and that there is no possibility of any legal issues later on.
What is the Purpose of Affidavit of Warranty LTO
An affidavit of warranty lto is a notarized document that serves as proof of title to the seller of a vehicle. It is used to ensure that the seller has legal ownership of the vehicle and that they are legally allowed to transfer the title to the buyer. The affidavit also serves to protect the buyer from any potential liabilities associated with purchasing a vehicle with a questionable title.
Who is Required to File an Affidavit of Warranty LTO
The Affidavit of Warranty LTO is required for all registered owners or applicants for registration of a vehicle with the Land Transportation Office (LTO) who intend to register a vehicle.
What are the Requirements for Securing an Affidavit of Warranty LTO
There really isn’t much in terms of requirements in securing an Affidavit of Warranty. You simply need to secure the form from the LTO, have your IDs prepared, prepare some money for the notarial and other LTO fees, and get the required information ready for reporting.
What Kind of Information Must be Reported on the Affidavit of Warranty LTO
Just like the Affidavit of Loss, the Affidavit of Warranty LTO is a legal document notarized by a licensed lawyer. As it is mainly used in registering a motor vehicle, this document is still an affidavit, hence, it requires the following set of information:
- Title of the document
- Personal information
- Full name
- Statement that affiant is of legal age
- Civil status
- Residence address
- Residence Certificate Number
- 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.
- Other pertinent information
- The identity of the signatory making the warranty;
- The date of the warranty;
- The registration number of the vehicle;
- A description of the vehicle;
- The length of the warranty;
- The terms and conditions of the warranty;
- The names and addresses of the other parties to the agreement;
- The rights and obligations of the parties;
- The signature of the person making the warranty; and
- Any additional information required by law.
How to Fill out an Affidavit of Warranty LTO
To fill out an Affidavit of Warranty with the Land Transportation Office (LTO), follow the steps below:
Step 1. Secure a copy of the Affidavit of Warranty form either from the LTO website or from any of the LTO offices in the Philippines. You may also request a copy from the LTO officer.
Step 2. At the top of the form, fill in the following information:
- Date: You need to write the current date of filling out the form.
- Republic of the Philippines: You need to write the name of the country.
- Regional Trial Court: You need to write the type of court applicable in your area.
Step 3. Fill in the details of the Affiant or the person giving the warranty. This information includes the following:
- Full Name: You need to write the full name of the person or individual giving the warranty.
- Age: You need to write the age of the person.
- Citizenship: Write the nationality of the person (Filipino or others).
- Civil Status: Write the marital status of the person (single, married, widowed, etc.).
- Address: Write the complete address of the person.
- Driver’s License No.: Write the driver’s license number of the person.
Step 4. Fill in the details of the LTO examination:
- LTO Exam No.: If you have undergone an LTO examination, write the examination number provided to you.
- Date and Place: Write the date and location where the examination was conducted.
Step 5. The form also requires filling in the section requiring an oath stating that the information provided is true and correct. Read and understand the oath before signing the affidavit document.
Step 6. Sign the affidavit document at the designated space provided for it. Make sure that the signature matches the official signature used in your other documents.
Note: This guide only assumes the general procedure for completing an Affidavit of Warranty with the LTO. Specific requirements and processes may vary depending on your location and situation so it’s best to always consult the LTO officer or legal experts first for accurate guidance.
When is the Deadline for Filing an Affidavit of Warranty LTO
The deadline for filing an Affidavit of Warranty LTO is at the end of the year. In 2023, the deadline is on the 31st of December 2023.
What is the Penalty for the Late Filing of an Affidavit of Warranty LTO
The penalty for late filing of an Affidavit of Warranty with the LTO (Land Transportation Office) in the Philippines is a fine of up to P 20,000.00 or approximately US$400.
Sample Affidavit of Warranty LTO Template
If you have no idea about how an Affidavit of Warranty LTO looks on paper, this sample Affidavit of Warranty LTO can help you fill one in so you can avoid making errors.
Republic of the Philippines )
City of (Place) ) S.S.
AFFIDAVIT OF WARRANTY
I, (Name of Affiant), of legal age, Filipino, single/married, and a resident of (Place of Residence), after being duly sworn to in accordance to law, depose and state that:
1. That I am the registered and lawful owner of a certain motor vehicle described as follows:
MAKE & TYPE:
2. I am presently applying for registration/reconstruction/transfer of the aforesaid motor vehicle with the LAND TRANSPORTATION OFFICE (LTO);
3. In my capacity as (Registrant, Owner, Seller or Any Relevant Role/Position), I hereby unconditionally warrant the absolute title and ownership over the above described motor vehicle, and I hereby declare that the same is free from any liens, suits, claims or encumbrances whatsoever, or any matter which may prove adverse thereto;
4. I hereby release the Land Transportation Office, its officials, staff and personnel from any suits,claims or liabilities which may arise from the approval of the said application for motor vehicle registration or any process or matter pertinent thereto;
5. And in the event of any suit, claim or liability, I hereby undertake to defend such title, as well as assume and satisfy any such suits or claims resulting therefrom, without cost, charge or liability whatsoever accruing to the LandTransportation Office, its officials, staff and personnel;
6. I am executing this affidavit to attest to the truth of the foregoing facts, to warrant the title and ownership of the above-described motor vehicle, and for whatsoever legal intents and purposes this may serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature this (Date) in (Place).
NAME OF AFFIANT
SUBSCRIBED AND SWORN to before me this (Date) in (Place), with affiant exhibiting to me his (ID Details).
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of _____.
Important Tips and Reminders
For your reference, here are some important reminders you might want to take note of when filing an Affidavit of Warranty with the LTO:
- Like all affidavits, the Affidavit of Warranty LTO includes a jurat or an oath or affirmation signed before the notary public that you have personally executed the document in the notary’s presence.
- The Affidavit of Warranty LTO releases the Land Transportation Office (LTO), its officials, staff, and personnel from any suits, claims or liabilities which may arise from the approval of the application for motor vehicle registration or any process or matter pertinent to the second hand or used motor vehicle.
- The affidavit also puts the seller in-charge of defending such title, as well as assumption and satisfaction of any such suits or resulting claims in the event of any suit, claim, or liability.
- The Affidavit of Warranty LTO also states that the vehicle being sold is free from any liens, suits, claims, or encumbrances.
- Deadlines for filing an Affidavit of Warranty are always at the end of the year.
Video: How to File an Affidavit of Warranty LTO
Learn more about the fees, requirements, and procedures in the actual application for Affidavit of Warranty LTO by watching this video from Pinoy Motorsiglo:
Frequently Asked Questions (FAQs)
To learn more about executing an Affidavit of Warranty LTO, here are some common questions and answers that might help:
1. Can I file transfer of ownership if the ID of the first owner has expired or is no longer available?
Yes. You will need an Affidavit of Warranty LTO to register your motor vehicle with the LTO if the first owner doesn’t want to cooperate and refuse to give his ID or if the ID of the first owner has expired.
2. How long is the validity of an Affidavit of Warranty LTO?
Like the Affidavit of Loss or any other affidavit duly notarized by a licensed lawyer, the Affidavit of Warranty LTO does not have an expiry date. However, it is valid only for the one particular incident in which it was executed for. Hence, individuals can only use the document once.
3. Is there an LTO-accredited Notary Public where I can execute my Affidavit of Warranty LTO?
No. There aren’t any LTO-accredited Notary Public anywhere in the country. Having said that, you can get and execute your Affidavit of Warranty LTO or any other affidavit for use with the LTO anywhere in the country.
Like any other affidavit, the Affidavit of Warranty LTO is a legal document that is required by the LTO in cases when a car owner decides to sell his/her vehicle or refuses to provide a valid ID. The affidavit document states that the vehicle being sold is free of defects and encumbrance of any kind as well as suits, claims, or liabilities. It also clears the buyer of second hand cars as well as the LTO of any form of liability and explicitly states that the car and the seller is not involved in any criminal activity. With an Affidavit of Warranty LTO, the individual who is buying second hand or used cars can rest easy knowing that the vehicle he/she is paying for has clean records. In cases when it isn’t, then the responsibility falls on the hands of the previous owner, effectively protecting the new one from any form of liability arising from historic use of the vehicle. It takes some work and money, but the protection offered by an Affidavit of Warranty ensures a clean, safe, and legal transaction between the seller, the buyer, and the Land Transportation Office (LTO) in the long run, so it’s definitely an investment of sorts.