Quick answer

An affidavit is a written statement made under oath or solemn affirmation. For an ordinary paper affidavit in the Philippines, the affiant generally must:

Prepare a complete and truthful document.
Personally appear before a duly commissioned notary public or another officer legally authorized to administer oaths.
Prove identity through competent evidence of identity.
Sign the affidavit in the notary’s presence.
Take an oath or affirmation that its contents are true.
Ensure that the notary completes, signs and seals the jurat and records the act in the notarial register.

A scanned signature, a document signed by another person, or an ordinary video call with a lawyer does not satisfy these requirements. Electronic or remote notarization is valid only when performed by an authorized electronic notary through the process required by the Supreme Court’s Rules on Electronic Notarization.

The receiving court, agency, bank, school or company may impose additional requirements, forms, copies or filing deadlines. Check those requirements before having the document notarized.

What an affidavit must contain

There is no single form for every affidavit. Its contents depend on its purpose, but a properly prepared affidavit ordinarily includes:

A title identifying the kind of affidavit, such as “Affidavit of Loss,” “Affidavit of Discrepancy” or “Complaint-Affidavit.”
The affiant’s name and enough identifying information to establish who is making the statement.
Clear, numbered factual statements.
Facts within the affiant’s personal knowledge, with the source of any information identified when relevant.
The purpose for which the affidavit is executed.
References to supporting documents, photographs, messages or other exhibits, if any.
A signature block for the affiant.
A jurat to be completed by the notary or other authorized officer.

Use the exact form supplied by the receiving office when one exists. Some affidavits require information or declarations prescribed by a statute, court rule or agency regulation. A generic internet template may omit a necessary element.

Avoid unnecessary sensitive information. Include a full address, civil status, citizenship, identification number or other personal data only when the applicable form, law or transaction requires it.

Jurat versus acknowledgment

An affidavit normally requires a jurat, commonly beginning with “Subscribed and sworn to before me.”

In a jurat, the affiant:

Appears before the notary;
Is identified by the notary;
Signs in the notary’s presence; and
Swears or affirms that the statements in the affidavit are true.

An acknowledgment is different. It is commonly used for deeds, contracts and powers of attorney. The signer acknowledges that an existing signature was voluntarily placed on the document and that the document is the signer’s free act and deed.

An acknowledgment should not be substituted for a jurat when the law or form requires a sworn affidavit. Conversely, adding the words “under oath” to a document does not make it an affidavit if no authorized officer actually administered the oath or affirmation.

A person who does not wish to take a religious oath may make a solemn affirmation instead.

Identification requirements

Under the notarial rules, a person who is not personally known to the notary must generally be identified through at least one current identification document issued by an official agency and bearing the person’s photograph and signature. Examples may include a current passport, driver’s license, PRC ID or another qualifying government-issued credential.

Bring the original ID, not merely a photograph or photocopy. The notary must examine it and record the necessary identification details. A receiving office may also require a photocopy.

A community tax certificate or cedula is not sufficient by itself because it does not bear the photograph and signature required by the rules. The Supreme Court has repeatedly enforced this rule, including in Heirs of Torrices v. Atty. Rasad.

The rules also provide a credible-witness route when suitable identification is unavailable:

One credible witness who is not involved in the document may identify the affiant if that witness is personally known to the notary and personally knows the affiant; or
Two disinterested credible witnesses who personally know the affiant may identify the affiant, subject to the documentary-identification requirements for those witnesses.

Arrange this with the notary beforehand. A friend or relative cannot automatically serve as a credible witness, particularly if that person has an interest in the document or transaction.

Although the general rule refers to at least one qualifying ID, bringing a second government ID is prudent. This is especially useful when an ID is damaged, difficult to authenticate or does not display a handwritten signature. Confirm in advance whether the notary and receiving office will accept a National ID or ePhilID for the particular transaction and bring a backup ID bearing a photograph and signature when possible.

What to bring to the notary

Bring:

The complete, unsigned affidavit;
All pages and attachments;
The original qualifying government-issued ID;
Any additional ID or photocopies requested in advance;
Original documents that must be inspected or referred to as exhibits;
Any required agency form, case caption or filing instructions;
The other affiants, if it is a joint affidavit; and
Credible witnesses, if the approved identity-witness procedure will be used.

Ask about the fee beforehand. There is no single nationwide price for every affidavit; fees can depend on the document, locality and applicable schedule. The notary must record the fee charged.

What should happen during notarization

For an ordinary paper affidavit, expect the following:

Identity check. The notary examines the affiant’s identification or applies the credible-witness procedure.
Review for completeness. The affidavit and its jurat should not contain material blanks.
Personal signing. The affiant signs in the notary’s presence.
Oath or affirmation. The notary asks the affiant to swear or affirm the truth of the document.
Register entry. The act is recorded in the notarial register, which the affiant normally signs or marks.
Notarial certificate. The notary completes the jurat, affixes the official signature and seal, and supplies the required commission and register details.

Before leaving, check that:

The venue and date are correct;
The affiant’s name matches the identification and affidavit;
The ID information is not left blank;
The notary signed and sealed the jurat;
The notary’s commission details and territorial authority appear current;
The document, page, book and series entries are supplied where required; and
Every page and attachment that should form part of the affidavit is present.

Keep a clear copy of the fully notarized document. Preserve any electronic copy transmitted under the applicable notarial rules, as well as the filing receipt or acknowledgment from the receiving office.

When a notary should refuse

A notary should not notarize an affidavit when, among other reasons:

The affiant is absent;
The affiant has not been properly identified;
The affidavit or notarial certificate is materially incomplete;
The affiant appears not to understand the document;
The affiant appears to be acting under force, intimidation or undue pressure;
The transaction is unlawful;
The notary knows that a material statement in the notarial certificate would be false;
The notary has a prohibited financial or beneficial interest; or
The act would be performed outside the notary’s authority or territorial jurisdiction without a lawful basis.

A notary’s secretary, paralegal or messenger cannot perform the notarial act. A notary also cannot legitimately stamp a document now and ask the affiant to appear later.

Where notarization may be performed

A notary public ordinarily acts within the territorial jurisdiction covered by the commission and generally at the notary’s regular place of work or business. The rules recognize limited circumstances for performing a notarial act elsewhere within that jurisdiction, such as when a principal is detained, hospitalized or physically unable to travel, or when another authorized exception applies.

Confirm both the location and the notary’s commission before arranging a hospital, home, detention-facility or mobile notarization. Physical inability to travel does not eliminate the requirements of identity, voluntariness, understanding and personal participation.

Electronic and remote notarization

The Supreme Court rules allow electronic notarization of electronic documents through:

In-person electronic notarization, where the principal and electronic notary are physically together; and
Remote electronic notarization, where the authorized process is conducted remotely through a compliant electronic notarial facility.

Electronic notarization is not the same as emailing a PDF to a lawyer or showing an ID over an informal video call. It requires, among other safeguards, an authorized electronic notary, identity verification, compliant electronic signatures and seals, audiovisual procedures where applicable, and the required electronic records.

Use the Supreme Court’s eNotary Services portal or confirm the electronic notary’s commission and platform. For a paper affidavit with a handwritten signature, follow the paper-notarization rules unless an authorized electronic process is specifically being used.

Affidavits executed abroad

A person abroad may generally use one of the following routes, subject to the receiving office’s requirements:

Execute the affidavit before an authorized Philippine embassy or consular officer; or
Execute it before a competent local notary, then obtain an apostille from the competent authority of an Apostille Convention country; or
Follow the applicable authentication process if the country is not covered by the Apostille Convention.

An apostille does not replace notarization. It authenticates the origin of a foreign public document or the authority and signature of the official who issued or notarized it. It does not certify that the factual statements in the affidavit are true.

Requirements vary by country and document. Confirm them with the relevant Philippine foreign service post and the Philippine receiving office. The DFA’s Apostille FAQs explain that the DFA apostillizes Philippine public documents for use abroad; foreign documents intended for use in the Philippines must follow the process of the country where they originated.

Court affidavits require special care

A general affidavit is not automatically a compliant judicial affidavit.

Under the Judicial Affidavit Rule, a judicial affidavit must generally contain consecutively numbered questions and answers, prescribed witness information, identification of exhibits, a jurat, and the lawyer’s sworn attestation. It must be prepared in a language known to the witness, with the required translation when necessary.

As a general rule, judicial affidavits and exhibits must be filed with the court and served on the adverse party not later than five days before the pre-trial, preliminary conference or relevant scheduled hearing. Criminal-case rules and other procedural provisions can create additional or different requirements.

Late submission is ordinarily treated as a waiver. The court may allow late submission only once when the rule’s conditions are satisfied, including a valid reason, absence of undue prejudice and payment of a discretionary fine of ₱1,000 to ₱5,000. A nonconforming judicial affidavit may also be excluded. Moreover, the witness generally must still appear for cross-examination.

Do not wait until the filing deadline to arrange notarization. Court e-filing or service requirements are separate from notarization and must also be completed on time.

What notarization does—and does not do

Proper notarization gives a document important evidentiary consequences concerning its authenticity and due execution. It is not a mere decorative stamp.

However, notarization does not:

Make a false statement true;
Prove every factual assertion conclusively;
Cure a document that violates substantive law;
Establish that the affiant has personal knowledge;
Replace required records, witnesses or supporting evidence;
Guarantee that a court or agency will accept the document; or
Prevent another party from challenging fraud, forgery, coercion, incapacity or an irregular notarization.

An affidavit may still be hearsay when offered in court if the affiant does not testify and no applicable exception or procedural rule permits its admission. The Supreme Court has explained that affidavits are generally rejected as hearsay unless their makers testify and can be cross-examined, as discussed in People v. Pimentel.

Truthfulness and possible liability

Read every paragraph before signing. Correct statements that are incomplete, misleading or based only on assumptions.

Under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594, knowingly making an untruthful statement under oath or in an affidavit concerning a material matter, before a competent person and in a case where the law requires the oath, may constitute perjury. Other criminal, civil or administrative liability may apply depending on the document and its use.

A mistake, memory gap and deliberate material falsehood are not necessarily treated alike, but correcting an inaccurate affidavit may require prompt legal action. Do not submit a second affidavit that silently contradicts the first.

Evidence to preserve

Keep:

The final notarized original or a clear complete copy;
Earlier drafts showing legitimate corrections;
Copies of every exhibit;
Original records supporting each material statement;
Messages, emails, photographs, receipts and relevant metadata;
The filing receipt, email acknowledgment or docket information;
Any electronic-notarization verification record;
Proof of when and where the affidavit was executed; and
Communications showing any suspected coercion, impersonation or misuse.

Do not alter the affidavit after notarization. A material correction normally requires re-execution and a new notarial act or another legally appropriate corrective document.

Common mistakes

Common problems include:

Signing before meeting the notary;
Sending someone else to “process” the notarization;
Using only a cedula;
Leaving dates, names, ID details or factual paragraphs blank;
Attaching exhibits after notarization without properly incorporating them;
Copying facts the affiant did not personally observe;
Using an acknowledgment when a jurat is required;
Assuming notarization completes filing with the court or agency;
Missing a deadline while waiting for notarization;
Altering a notarized affidavit;
Using an expired or out-of-jurisdiction notarial commission;
Treating an ordinary video call as remote notarization; and
Assuming an affidavit has the same evidentiary effect as live, cross-examined testimony.

When legal help is urgent

Consult a Philippine lawyer promptly when:

A court, prosecutor or agency deadline is near;
The affidavit concerns a criminal complaint, arrest, domestic violence or child safety;
It affects land, inheritance, a mortgage, a large debt or corporate authority;
Someone denies signing or appearing before the notary;
A signature, seal, ID or notarial entry appears forged;
The affiant was coerced, seriously ill or unable to understand the document;
A false affidavit has already been filed;
Material facts must be corrected or withdrawn;
The document was executed abroad and will be used for a time-sensitive Philippine transaction; or
The receiving office has rejected the affidavit.

A defective notarization may cause an affidavit to be rejected or treated merely as a private document, but the effect on the underlying transaction depends on the applicable law and facts. Do not assume that a defect automatically cancels—or validates—the transaction.

Frequently asked questions

Must every affidavit be notarized?

An affidavit must be sworn or affirmed before a person authorized to administer an oath. That person is often a notary public, but a statute or rule may authorize a judge, prosecutor, consular officer or another official to administer the oath. If a procedure permits an unsworn declaration or certification instead, follow its exact wording and requirements.

Can I sign the affidavit at home?

Not if it requires a paper jurat. The affiant must sign in the notary’s presence. If it was signed prematurely, tell the notary rather than concealing the fact.

Do I always need two IDs?

The general rule calls for at least one current official-agency ID bearing the affiant’s photograph and signature when the affiant is not personally known to the notary. A second ID may be requested or may prevent delay.

Can another person appear for me under a special power of attorney?

Not to take your personal oath. The person making the affidavit must personally participate in the notarial act. An authorized corporate representative or attorney-in-fact may make an affidavit about matters within that person’s own knowledge and authority, but cannot simply swear to another person’s knowledge.

Does a notarized affidavit expire?

There is no universal expiration period for all affidavits. A receiving office may require an affidavit executed within a stated period, and an affidavit can become outdated when the underlying facts change.

Is a notarized affidavit automatically accepted as proof?

No. Relevance, personal knowledge, admissibility, authentication, supporting evidence and the opportunity for cross-examination may still matter. The court or agency decides the affidavit’s proper weight under the applicable rules.

Can an affidavit be notarized online?

Yes, but only through the Supreme Court-authorized electronic-notarization framework. An informal video call, emailed scan or pasted electronic image of a notarial seal is insufficient.

Is a photocopy of a notarized affidavit as good as the original?

Not always. Some offices accept certified or clear copies, while others require an original, duplicate original or electronically verifiable copy. Ask the receiving office before surrendering the only original.

Official sources

This article provides general Philippine legal information, not legal advice for a particular affidavit, case or transaction. Requirements and legal consequences depend on the document, governing law and receiving office. Primary sources and procedures were checked as of August 4, 2026.