Affidavit of Destruction or Mutilation

What is an Affidavit of Destruction or Mutilation?

An Affidavit of Destruction or Mutilation is a sworn, written statement declaring that a document has been destroyed or mutilated. A document does not have to be completely destroyed or mutilated in order to be considered so. A document can be "destroyed" or "mutilated" if it can no longer be used for the purpose of the document. For example, a passport that has been drawn on may not necessarily be considered "destroyed" or "mutilated" in the literal sense of the word, but it can definitely not be used for the purpose of travel.

This Affidavit of Destruction or Mutilation can be used for any type of document and may be used to ask for a replacement of said document.

What is the difference between an Affidavit of Loss and an Affidavit of Destruction or Mutilation?

While the purpose of these two documents is the same in that they want the replacement of the lost or destroyed document or object, an Affidavit of Loss states the circumstances of the loss of the document or the object, whereas, an Affidavit of Destruction or Mutilation states the circumstances of the destruction or damage of the document.

Is it mandatory to have an Affidavit of Destruction or Mutilation?

If the document is issued by a government office, the person who lost the document must swear on the circumstances of the destruction of the same in order for a replacement to be issued. The sworn statement must be made in an Affidavit of Destruction or Mutilation.

The same is true with some private institutions such as schools. They could require an Affidavit of Destruction or Mutilation in case a school ID or a school record has been destroyed beyond repair.

What must an Affidavit of Destruction or Mutilation contain?

An Affidavit of Destruction or Mutilation should contain the following information:

• The identity of the affiant whose object or document was destroyed,
• The details of the destroyed document,
• The circumstances of the destruction, and
• The reason for the creation of the affidavit (i.e. replacement or re-issuance).

Who is involved in an Affidavit of Destruction or Mutilation?

The person whose document is destroyed which is usually its owner, is the person who should sign an Affidavit of Destruction or Mutilation. This person is also referred to as the Affiant.

What has to be done once an Affidavit of Destruction or Mutilation is ready?

Once the affidavit has been completed, the affiant must print at least 2 copies of the document, and then proceed with its notarization.

The affiant must personally appear before a notary public and present at least one current identification document (I.D.) issued by an official agency bearing the photograph and signature of the Affiant. The affiant must swear under oath the whole truth of the contents of the affidavit and then sign all copies of the affidavit. If the affiant is a minor, the affiant must be accompanied by a legal guardian, which may be a parent or a court-appointed guardian, when signing the affidavit. The guardian must also sign the affidavit. The affiant will be asked to leave one original copy for the files of the notary public.

Once notarized, the affiant may use the document as needed, including as support for any application for a replacement of the destroyed document.

Is it necessary to notarize an Affidavit of Destruction or Mutilation for it to be valid?

Yes, because affidavits are sworn statements that should be executed or signed in the presence of a notary public.

What are the costs involved in the finalization of an Affidavit of Destruction or Mutilation?

Notarization fees for an Affidavit of Destruction or Mutilation are typically PHP100 to PHP500.

Which laws are applicable to an Affidavit of Destruction or Mutilation?

There are no laws outlining the contents of an Affidavit of Destruction or Mutilation. However, affidavits are governed by the 2004 Rules on Notarial Practice.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.