Quick answer

An affidavit is a written statement of facts made under oath or solemn affirmation. For a traditional paper affidavit in the Philippines, the affiant must ordinarily:

Complete the affidavit without material blanks.
Personally appear before a duly commissioned notary public or another officer legally authorized to administer the oath.
Establish identity—normally through a current government-issued identification document bearing the affiant’s photograph and signature.
Sign the affidavit in the notary’s presence.
Take an oath or affirmation that its contents are true.
Sign the notarial register.
Receive a document bearing a properly completed jurat, the notary’s signature and seal, commission details, and notarial register references.

A cedula or community tax certificate alone is not competent evidence of identity. A paper affidavit cannot validly be notarized merely by emailing a scan, sending an ID, or appearing through an ordinary video call. Electronic notarization is now permitted, but only for electronic documents processed by a commissioned Electronic Notary Public through an accredited Electronic Notarization Facility under the Supreme Court’s separate rules.

The office, court, bank, school, insurer, employer, or foreign authority receiving the affidavit may impose additional wording, document, witness, filing, or recency requirements. Obtain its current form and checklist before signing.

What notarization does—and does not do

Notarization is a public act intended to establish the signer’s identity, personal appearance, voluntary execution, and compliance with the required oath or acknowledgment. It is not a rubber stamp and is not simply the sale of a seal or signature.

For an affidavit, the correct notarial act is normally a jurat. In a jurat, the affiant:

appears before the notary;
is personally known to the notary or properly identified;
signs in the notary’s presence; and
takes an oath or affirmation concerning the document.

An acknowledgment is different. It ordinarily confirms that a person voluntarily executed a document, such as a deed or contract. It does not replace the oath required for an affidavit. A document labeled “Affidavit” but carrying only an acknowledgment may be rejected or challenged.

Notarization also does not mean that the notary has independently investigated or guaranteed every factual statement. The Supreme Court has clarified that notarized documents are generally prima facie evidence of due execution and authenticity—not automatic proof that all their contents are true. An affidavit may still be disputed, excluded, or treated as hearsay if the governing rules require the affiant to testify and submit to cross-examination. See the Supreme Court’s discussion in G.R. No. 253527.

Requirements for a traditional paper affidavit

A complete written statement

There is no single universal format for every affidavit. Its required contents depend on its purpose, but a sound affidavit usually contains:

the proper title, court caption, agency reference, or case number, if applicable;
the affiant’s full legal name and enough identifying information for the transaction;
a statement of the affiant’s capacity or relationship to the matter;
clear, consecutively numbered statements of fact;
dates, places, persons, and events described as precisely as the affiant can truthfully state them;
identification of supporting documents or photographs;
a statement of the affidavit’s purpose, if required;
the affiant’s signature over the printed name; and
a jurat completed by the notary or authorized officer.

State firsthand facts. If information came from records or another person, identify the source instead of presenting it as personal observation. Do not guess dates, amounts, locations, ownership, authority, or conversations.

Avoid unnecessary sensitive information unless the receiving authority requires it. Civil status, complete home address, citizenship, age, tax numbers, and identity-document details should be included only to the extent relevant or required by the prescribed form.

No material blanks or incomplete attachments

A notary should not notarize an incomplete document. Fill in all material dates, names, amounts, property descriptions, choices, and annex references before notarization. Mark unused spaces in an appropriate manner so that text cannot be inserted later.

Every referenced attachment should be complete, legible, and properly identified—for example, “Annex A.” Check that page numbers and annex descriptions match. Do not attach a different version after notarization.

If a material correction is needed, the safest approach is usually to prepare and notarize a clean replacement. Never alter the date, facts, signature page, jurat, seal, or attachments after notarization without advice from the receiving authority or counsel.

Personal appearance

Under the traditional rules, the affiant must personally appear before the notary at the time of notarization. The notary must be able to assess identity, willingness, and capacity and administer the oath.

A relative, messenger, liaison officer, employer, or document-processing service cannot appear and take the oath for the affiant. Leaving a signed affidavit at a notary’s office for later stamping is improper.

Traditional notaries are territorially commissioned. The notary’s commission must cover the city or province where the act actually takes place. Notarial work is ordinarily performed at the notary’s regular office, subject to limited exceptions recognized by the rules, including certain acts at public offices, public functions, hospitals because of illness, and detention facilities.

Competent evidence of identity

If the notary does not personally know the affiant, the usual requirement is at least one current identification document issued by an official agency bearing the affiant’s photograph and signature. Examples listed in the rules include passports, driver’s licences, PRC IDs, SSS cards, GSIS e-cards, senior-citizen cards, government-office IDs, and other qualifying official documents.

Bring the original ID and a photocopy if requested. The name, photograph, and signature must allow the notary to identify the affiant. If the ID has expired, lacks a signature, contains an outdated name, or materially conflicts with the affidavit, ask the notary and receiving office what additional documentation is required.

A community tax certificate or cedula alone is not sufficient, because it does not meet the photograph-and-signature requirement. The governing definition appears in the Supreme Court’s 2008 amendment to the Notarial Rules.

When qualifying documentary identification is genuinely unavailable, the rules provide a credible-witness route:

one credible witness who is not involved in the document or transaction, is personally known to the notary, and personally knows the affiant; or
two credible witnesses who are not involved in the document or transaction, personally know the affiant, and present qualifying identification to the notary.

This is not satisfied merely by bringing a relative, buyer, seller, agent, beneficiary, or other interested person.

Signature and oath before the notary

Because an affidavit requires a jurat, the affiant must sign in the notary’s presence and then swear or affirm that the statements are true. If the document was signed earlier, the notary may require the affiant to sign again in the notary’s presence.

An affirmation may be used instead of a religious oath. Its legal purpose is the same: the affiant solemnly accepts responsibility for the truth of the statement.

A person who cannot sign may use a thumbmark or another procedure allowed by the rules. If the person is physically unable even to make a mark, the notary may sign on the person’s behalf only under a detailed procedure involving the person’s express direction and two disinterested witnesses. Arrange this with the notary in advance; do not improvise the signature.

A qualified, impartial notary

Being a lawyer does not automatically authorize a person to notarize. The lawyer must hold a current notarial commission for the relevant territorial jurisdiction.

A notary must not perform the act when the notary:

is a party to the document;
will receive a direct financial or beneficial interest from it; or
is related to a principal within the prohibited degree under the rules.

The notary must refuse if the document or transaction appears unlawful or immoral, contains known falsehoods, bears a signature the notary reasonably believes is not genuine, or is not being executed freely. The notary may also refuse where the signer’s competence or willingness is doubtful.

Notarial register, certificate, signature, and seal

The affiant must sign or place the appropriate mark in the notarial register at the time of notarization. Before leaving, check the jurat for:

the correct place and date of notarization;
wording showing that the affidavit was subscribed and sworn to or affirmed;
the affiant’s identifying document, where applicable;
the notary’s handwritten signature and legible official seal;
the notary’s name, commission number, territorial commission, office address, and commission expiry;
required Roll of Attorneys, IBP, and professional-tax details; and
the document, page, book, and series numbers corresponding to the register.

The venue in the jurat should reflect where the notarial act occurred, not merely the affiant’s residence or the location where the document will be filed.

Practical checklist

Before going to the notary:

Obtain the latest form and checklist from the receiving authority.
Confirm whether it requires a jurat, witnesses, photographs, certified records, translations, or a recently executed affidavit.
Use the same legal name appearing on your ID and relevant records.
Review every page, amount, date, name, property description, and annex.
Bring the unsigned affidavit, unless the notary has instructed otherwise.
Bring the original qualifying ID and requested copies.
Bring originals or certified copies of important supporting records.
If signing for a corporation, partnership, estate, minor, or another person, bring the documents establishing your authority.
Ask about the fee, payment method, official receipt, and electronic-copy procedure.

During notarization:

Appear personally and answer the notary’s identity and capacity questions.
Sign only after the notary instructs you to do so.
Take the oath or affirmation.
Sign the notarial register.
Do not accept a backdated certificate, incomplete jurat, detached signature page, or seal issued without personal appearance.

After notarization:

Compare the notarized original with the final draft and attachments.
Check all notarial details before leaving.
Preserve the original in a secure place.
Save a clear, complete scan showing every page, attachment, signature, seal, and notarial reference.
Obtain proof of filing or delivery and observe the receiving authority’s deadline.

Electronic and remote notarization

The Supreme Court’s Rules on Electronic Notarization, A.M. No. 24-10-14-SC, supplement rather than replace traditional notarization. They provide two modes:

In-Person Electronic Notarization (IEN): The parties physically appear before an Electronic Notary Public, but the document and signatures are electronic.
Remote Electronic Notarization (REN): The parties appear virtually and interact synchronously with the Electronic Notary Public through an accredited Electronic Notarization Facility.

For a remote electronic jurat, identity must be verified through the facility, the affiant must electronically sign in the notary’s full view, and the oath or affirmation must be administered during the session.

Electronic notarization is not the same as:

emailing a scanned paper affidavit;
sending photographs of an ID;
pasting an image of a signature or notarial seal into a PDF;
using an ordinary e-signature platform; or
holding an informal Zoom, Messenger, Viber, Teams, or FaceTime call with a traditional notary.

Use the Supreme Court’s eNotary Services page and accredited directory and confirm that both the Electronic Notary Public and facility are accredited. An electronically notarized document should carry the prescribed electronic notarial certificate, electronic signature, electronic seal, and verification features.

The electronic rules do not govern paper documents with handwritten signatures or marks and exclude notarial wills and deposition taking. The earlier 2020 interim rules for remotely notarizing paper documents have been repealed.

For a principal outside the Philippines, remote electronic notarization is allowed only under the rules’ limited extraterritorial procedure. At the time of the act, the principal must be within a Philippine embassy, consular office, or Philippine honorary consul’s office, and the required official confirmation must be made. An ordinary call from a home, workplace, or hotel abroad does not satisfy this exception.

Always ask the receiving authority whether it accepts an electronically notarized document and in what file format.

Current digital-copy safeguards for paper notarizations

The Amended 2004 Notarial Rules introduced digital reporting and reproduction safeguards for traditional notarizations.

A notary must, at no additional cost, transmit the prescribed electronic duplicate to each signatory through email or another mutually agreed electronic file-sharing method within the period specified by the rules. A signatory may waive transmission, but the waiver affects later objections concerning the completeness of the reproduction.

If the electronic copy materially differs from the paper document, notify the notary promptly and in writing, identify every discrepancy, and request correction. Preserve the email and both versions.

A notary may charge the authorized notarial fee but may not add a separate charge for digitizing, transmitting, storing, disposing of, or otherwise processing the electronic copy.

Affidavits for court proceedings

A general affidavit is not automatically a judicial affidavit. A judicial affidavit used in place of direct testimony must satisfy the Judicial Affidavit Rule, A.M. No. 12-8-8-SC. Among other things, it must:

use a language known to the witness and include an English or Filipino translation when required;
identify the witness and the lawyer conducting or supervising the examination;
set out consecutively numbered questions and answers

Quick answer

An affidavit is a written statement of facts made under oath or solemn affirmation. For a traditional paper affidavit in the Philippines, the affiant must ordinarily:

Complete the affidavit without material blanks.
Personally appear before a duly commissioned notary public or another officer legally authorized to administer the oath.
Establish identity—normally through a current government-issued identification document bearing the affiant’s photograph and signature.
Sign the affidavit in the notary’s presence.
Take an oath or affirmation that its contents are true.
Sign the notarial register.
Receive a document bearing a properly completed jurat, the notary’s signature and seal, commission details, and notarial register references.

What notarization does—and does not do

For an affidavit, the correct notarial act is normally a jurat. In a jurat, the affiant:

appears before the notary;
is personally known to the notary or properly identified;
signs in the notary’s presence; and
takes an oath or affirmation concerning the document.

Requirements for a traditional paper affidavit

A complete written statement

There is no single universal format for every affidavit. Its required contents depend on its purpose, but a sound affidavit usually contains:

the proper title, court caption, agency reference, or case number, if applicable;
the affiant’s full legal name and enough identifying information for the transaction;
a statement of the affiant’s capacity or relationship to the matter;
clear, consecutively numbered statements of fact;
dates, places, persons, and events described as precisely as the affiant can truthfully state them;
identification of supporting documents or photographs;
a statement of the affidavit’s purpose, if required;
the affiant’s signature over the printed name; and
a jurat completed by the notary or authorized officer.

No material blanks or incomplete attachments

Personal appearance

Competent evidence of identity

When qualifying documentary identification is genuinely unavailable, the rules provide a credible-witness route:

one credible witness who is not involved in the document or transaction, is personally known to the notary, and personally knows the affiant; or
two credible witnesses who are not involved in the document or transaction, personally know the affiant, and present qualifying identification to the notary.

This is not satisfied merely by bringing a relative, buyer, seller, agent, beneficiary, or other interested person.

Signature and oath before the notary

An affirmation may be used instead of a religious oath. Its legal purpose is the same: the affiant solemnly accepts responsibility for the truth of the statement.

A qualified, impartial notary

Being a lawyer does not automatically authorize a person to notarize. The lawyer must hold a current notarial commission for the relevant territorial jurisdiction.

A notary must not perform the act when the notary:

is a party to the document;
will receive a direct financial or beneficial interest from it; or
is related to a principal within the prohibited degree under the rules.

Notarial register, certificate, signature, and seal

The affiant must sign or place the appropriate mark in the notarial register at the time of notarization. Before leaving, check the jurat for:

the correct place and date of notarization;
wording showing that the affidavit was subscribed and sworn to or affirmed;
the affiant’s identifying document, where applicable;
the notary’s handwritten signature and legible official seal;
the notary’s name, commission number, territorial commission, office address, and commission expiry;
required Roll of Attorneys, IBP, and professional-tax details; and
the document, page, book, and series numbers corresponding to the register.

The venue in the jurat should reflect where the notarial act occurred, not merely the affiant’s residence or the location where the document will be filed.

Practical checklist

Before going to the notary:

Obtain the latest form and checklist from the receiving authority.
Confirm whether it requires a jurat, witnesses, photographs, certified records, translations, or a recently executed affidavit.
Use the same legal name appearing on your ID and relevant records.
Review every page, amount, date, name, property description, and annex.
Bring the unsigned affidavit, unless the notary has instructed otherwise.
Bring the original qualifying ID and requested copies.
Bring originals or certified copies of important supporting records.
If signing for a corporation, partnership, estate, minor, or another person, bring the documents establishing your authority.
Ask about the fee, payment method, official receipt, and electronic-copy procedure.

During notarization:

Appear personally and answer the notary’s identity and capacity questions.
Sign only after the notary instructs you to do so.
Take the oath or affirmation.
Sign the notarial register.
Do not accept a backdated certificate, incomplete jurat, detached signature page, or seal issued without personal appearance.

After notarization:

Compare the notarized original with the final draft and attachments.
Check all notarial details before leaving.
Preserve the original in a secure place.
Save a clear, complete scan showing every page, attachment, signature, seal, and notarial reference.
Obtain proof of filing or delivery and observe the receiving authority’s deadline.

Electronic and remote notarization

The Supreme Court’s Rules on Electronic Notarization, A.M. No. 24-10-14-SC, supplement rather than replace traditional notarization. They provide two modes:

In-Person Electronic Notarization (IEN): The parties physically appear before an Electronic Notary Public, but the document and signatures are electronic.
Remote Electronic Notarization (REN): The parties appear virtually and interact synchronously with the Electronic Notary Public through an accredited Electronic Notarization Facility.

Electronic notarization is not the same as:

emailing a scanned paper affidavit;
sending photographs of an ID;
pasting an image of a signature or notarial seal into a PDF;
using an ordinary e-signature platform; or
holding an informal Zoom, Messenger, Viber, Teams, or FaceTime call with a traditional notary.

Always ask the receiving authority whether it accepts an electronically notarized document and in what file format.

Current digital-copy safeguards for paper notarizations

The Amended 2004 Notarial Rules introduced digital reporting and reproduction safeguards for traditional notarizations.

If the electronic copy materially differs from the paper document, notify the notary promptly and in writing, identify every discrepancy, and request correction. Preserve the email and both versions.

A notary may charge the authorized notarial fee but may not add a separate charge for digitizing, transmitting, storing, disposing of, or otherwise processing the electronic copy.

Affidavits for court proceedings

use a language known to the witness and include an English or Filipino translation when required;
identify the witness and the lawyer conducting or supervising the examination;
set out consecutively numbered questions and answers;
establish how the witness personally acquired the facts;
identify and authenticate exhibits;
contain the witness’s signature and a jurat; and
include the examining lawyer’s sworn attestation against coaching and inaccurate recording.

In covered civil proceedings, judicial affidavits and exhibits are generally filed and served not later than five days before the pre-trial, preliminary conference, or scheduled hearing for a motion or incident.

In covered criminal actions, the prosecution generally submits its witnesses’ judicial affidavits not later than five days before pre-trial. An accused who elects to submit judicial affidavits generally has ten days from receipt of the prosecution’s affidavits.

Late or defective submissions can be deemed waived. The rule permits only a limited, discretionary opportunity to cure in specified circumstances involving a valid reason, absence of undue prejudice, and a court-imposed fine of ₱1,000 to ₱5,000. A witness must still appear for cross-examination when required.

Court orders and special procedural rules control. Consult counsel immediately rather than relying solely on these general periods.

Affidavits executed for use abroad

Notarization and authentication are separate steps. A Philippine notary establishes the local notarial act; an Apostille or legalization authenticates the relevant public signature for use in another country.

For a Philippine-notarized private document to be Apostilled, the DFA generally requires a Certificate of Authority for a Notarial Act (CANA) signed by the appropriate Regional Trial Court Executive or Vice-Executive Judge. Check the current DFA Apostille documentary requirements before notarization.

If the destination country is a party to the Apostille Convention, the appropriate Apostille process will generally replace embassy legalization. For a non-party destination, additional authentication and legalization may be necessary.

If the affidavit is executed abroad for use in the Philippines, the usual options depend on the country:

execution before a Philippine embassy or consulate under its notarial procedure; or
local notarization followed by an Apostille from that country’s competent authority, where the Apostille Convention applies.

Requirements differ by country, embassy, document type, and receiving institution. Confirm the required language, number of originals, witnesses, attachments, and authentication route before signing.

Does an affidavit expire?

There is no universal expiration period for all affidavits. However:

the receiving authority may require an affidavit executed within a stated period;
the underlying facts may become outdated;
an attached clearance, certification, authorization, or identification document may expire;
an affidavit may cease to serve its purpose after a transaction, filing deadline, or change in circumstances; and
foreign authorities may impose their own recency rules.

Do not assume that an old affidavit remains acceptable merely because it was properly notarized.

False statements and other legal consequences

An oath is legally serious. Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594, punishes a person who knowingly makes a materially false statement under oath before an authorized officer in a case where the affidavit is required by law or made for a legal purpose.

The principal penalty for perjury under the amended provision is prisión mayor in its minimum period, corresponding to imprisonment of six years and one day to eight years. Special provisions apply when the offender is a public officer or employee, including imposition in the maximum period and the additional sanctions stated in the law.

Depending on the facts, a false or fabricated notarized document may also lead to falsification, fraud, administrative, professional, civil, or contempt proceedings. An innocent error is not automatically perjury, but a material mistake should not be concealed. Ask the receiving authority or counsel whether a corrected, supplemental, or withdrawing affidavit is required.

Common mistakes to avoid

Using an acknowledgment instead of a jurat for an affidavit.
Signing the affidavit before meeting the notary.
Treating a cedula as sufficient identification.
Sending a representative to obtain the seal.
Leaving blanks or adding text and attachments later.
Using an expired ID or a name that does not match the affidavit.
Stating rumours, assumptions, or another person’s account as personal knowledge.
Swearing to a template without checking whether every statement is true.
Accepting backdating or a false place of notarization.
Using a notary whose commission does not cover the place of the traditional paper notarization.
Assuming any lawyer can notarize.
Paying for a seal without signing the register or taking an oath.
Treating an emailed scan or ordinary video call as valid electronic notarization.
Assuming notarization proves the truth, legality, ownership, authority, or enforceability of the underlying transaction.
Missing the filing deadline because the affidavit itself has no printed expiry date.

If a notarization appears fake or irregular

Preserve evidence before confronting anyone or surrendering the original:

Photograph or scan every page at high resolution.
Preserve the original document, envelope, receipt, emails, messages, and delivery records.
Record the notary’s name, office address, commission number, seal, and document/page/book/series references.
Preserve evidence showing where the supposed signatory actually was on the stated date.
Request verification of the notarial register entry and, where appropriate, the records submitted to the Clerk of Court.
For land matters, obtain certified records from the Registry of Deeds rather than relying on an informal photocopy.
Do not write on, staple new material to, or alter the disputed original.
Obtain legal advice before executing a retraction, confirmation, settlement, or replacement affidavit.

Seek help urgently if the document concerns land, a mortgage, a special power of attorney, inheritance, corporate authority, custody, a waiver or quitclaim, a large debt, an imminent court or prosecutor’s deadline, a forged signature, coercion, identity theft, or property about to be transferred.

Frequently asked questions

Can any lawyer notarize an affidavit?

No. The lawyer must hold a current notarial commission for the relevant jurisdiction. Electronic notarization requires a separate commission as an Electronic Notary Public.

Is one valid ID enough?

The traditional rule permits at least one current official identification document bearing the person’s photograph and signature. A notary or receiving authority may reasonably require additional documents where names, photographs, signatures, addresses, or capacity are unclear.

Is a cedula enough?

No. A cedula or community tax certificate alone is not competent evidence of identity under the current notarial rules.

Can I sign the affidavit at home?

For a traditional paper jurat, the affidavit must be signed in the notary’s presence. If it was signed earlier, expect the notary to require a new signature in the notary’s presence.

Can a notary notarize through an ordinary video call?

No. Remote electronic notarization must use a commissioned Electronic Notary Public and an accredited Electronic Notarization Facility. The process applies to an electronic document, not merely a scanned paper document.

Can a government officer administer the oath?

Certain officials have statutory authority to administer oaths. Under Sections 41 and 42 of the Administrative Code of 1987, this includes notaries, members of the judiciary, clerks of court, specified national and local officials, and officers whose duties require the presentation of sworn statements. Most government officers exercise this authority only for official business within their legal functions. Confirm acceptance with the receiving office.

Does notarization make every statement true?

No. It establishes the notarial act and supports due execution and authenticity. The contents may still be disproved, and an affidavit may require the affiant’s testimony before it can be relied on as evidence.

Can an affidavit be used in court without the affiant appearing?

Not necessarily. In ordinary court proceedings, an affidavit may be hearsay if the affiant is not presented for examination, unless a rule or recognized exception applies. A judicial affidavit is also subject to appearance and cross-examination requirements.

Are notarial fees fixed nationwide?

Do not assume a single retail price for every affidavit. Fees are governed by applicable authorized schedules and the type of service. Ask to see the fee schedule and request a receipt. Separate charges for the digitization and transmission required by the amended notarial rules are prohibited.

Do I need a lawyer to draft an affidavit?

Not always, especially where an agency provides a straightforward prescribed form. Obtain legal assistance when rights, liability, property, criminal allegations, disputed facts, waivers, technical court requirements, or foreign use are involved. A notary’s act of notarizing does not necessarily mean the notary advised you on the affidavit’s legal effect.

Official references

This article provides general Philippine legal information, not legal advice for a particular affidavit, transaction, or case. Requirements may differ by document, receiving authority, court order, country, and the facts involved. Controlling sources and official procedures were checked as of 29 July 2026.