In the Philippine legal landscape, the affidavit is one of the most ubiquitous documents you will encounter. Whether you are applying for a lost ID, clarifying a discrepancy in your birth certificate, or testifying in a high-stakes court case, the affidavit serves as your written voice under oath.
Understanding when you need one and the costs involved is essential for navigating bureaucratic and legal hurdles in the country.
What is an Affidavit?
At its core, an affidavit is a written statement of facts voluntarily made by an individual (the affiant) under an oath or affirmation administered by a person authorized by law—typically a Notary Public.
Because it is signed under oath, an affidavit carries significant legal weight. Falsifying information in an affidavit can lead to criminal charges for Perjury under the Revised Penal Code of the Philippines.
Common Types of Affidavits in the Philippines
You may require an affidavit for various personal, business, or judicial reasons. Common types include:
- Affidavit of Loss: Required when you lose a government ID, a land title, a stock certificate, or a check. It is a prerequisite for requesting a replacement.
- Affidavit of Desistance: Filed by a complainant in a criminal case stating they are no longer interested in pursuing the charges. (Note: This does not automatically dismiss a case, as the decision remains with the prosecutor or the court).
- Affidavit of Two Disinterested Persons: Frequently used to correct minor clerical errors in civil registry documents (like a misspelled name) or to prove the identity of a person when documents are missing.
- Affidavit of Complaint: The initial document filed to start a preliminary investigation in criminal proceedings.
- Judicial Affidavit: A detailed document that serves as the direct testimony of a witness in court, intended to speed up trial proceedings under the Judicial Affidavit Rule.
- Affidavit of No Rental: Often required by the BIR or LGUs for businesses operating out of a space they own or are using for free.
The Anatomy of a Valid Affidavit
For an affidavit to be legally binding and acceptable to Philippine agencies or courts, it generally contains the following sections:
- Title: (e.g., "Affidavit of Loss")
- Scilicet (Venue): Usually starts with "Republic of the Philippines, City/Municipality of _____, S.S." This indicates where the document was notarized.
- Body: Written in the first person, it identifies the affiant (name, age, civil status, nationality, and address) and narrates the facts in numbered paragraphs.
- Signature Line: Where the affiant signs.
- Jurat: The portion signed and sealed by the Notary Public, stating that the affiant appeared before them, showed competent evidence of identity, and swore to the truth of the contents.
Typical Costs of Drafting and Notarization
The cost of an affidavit in the Philippines varies based on complexity and location.
| Service Type | Estimated Cost (PHP) | Notes |
|---|---|---|
| Simple Notarization Only | ₱150 – ₱500 | If you bring your own pre-printed form (common for simple loss/identity). |
| Drafting + Notarization (Simple) | ₱500 – ₱1,500 | Standard "walk-in" rate at small notary offices for basic affidavits. |
| Complex/Legal Affidavits | ₱2,000 – ₱5,000+ | Affidavits for corporate disputes, complex property claims, or criminal complaints. |
| Judicial Affidavits | ₱5,000 – ₱20,000+ | These require extensive legal strategy and are usually part of a lawyer's litigation fee. |
Important Note on Identity: To have an affidavit notarized, you must present a valid Government-Issued Photo ID. Community Tax Certificates (Cedulas) are often requested but are generally no longer sufficient as the primary "competent evidence of identity" under the Rules on Notarial Practice.
Can You Draft Your Own Affidavit?
Yes. You do not strictly need a lawyer to write a simple affidavit. You can find templates online or at "notary stalls" near city halls. However, you must personally appear before a Notary Public to sign it.
When should you hire a lawyer to draft it?
- If the affidavit is for a court case.
- If it involves large sums of money or real estate.
- If the facts are complex and a wrong word could lead to legal liability.
Summary Checklist
- Verify the requirement: Does the agency specifically ask for a notarized affidavit?
- Prepare your ID: Ensure you have a valid passport, driver’s license, UMID, or similar.
- Be Truthful: Never sign an affidavit containing facts you cannot personally verify.
- Visit a Notary: Locate a commissioned Notary Public in your area to finalize the document.
Would you like me to provide a basic template for a specific type of affidavit, such as an Affidavit of Loss?