Affidavit for Same Person with Name Variations in the Philippines

(“Affidavit of One and the Same Person” / “Affidavit of Discrepancy”)

What it is—and what it isn’t

An Affidavit for Same Person is a sworn statement used to declare that two or more name variants found in documents belong to one and the same individual. It’s commonly required by government agencies, banks, schools, and private institutions when there are minor inconsistencies in a person’s name across records.

It is not a tool to legally change your name or to amend civil registry entries. It cannot replace the proper administrative remedies for correcting civil registry records (e.g., petitions under the clerical-error laws) or court actions for substantial changes. Think of it as a supporting document that explains discrepancies so transactions can proceed while you pursue (if needed) the formal correction route.


Typical scenarios where it’s used

  • Different spellings: “Jonel C. Santos” vs “Jonnel Santos”
  • Missing or extra middle name/initial: “Maria D. Reyes” vs “Maria Reyes”
  • Reversed name order or anglicized variants: “Juan Dela Cruz” vs “John D. Cruz”
  • Married vs maiden surname: “Ana Lim” vs “Ana Lim-Santos” vs “Ana Santos”
  • Hyphenation or spacing differences: “De la Cruz” vs “Dela Cruz”
  • Diacritics and transliteration issues
  • Typographical slips in IDs, employment, banking, or school records

Legal backdrop (Philippine context)

  • Notarial rules. Affidavits are sworn before a duly commissioned notary public and are governed by the Rules on Notarial Practice. You must present competent evidence of identity (e.g., government-issued ID) or credible witnesses.
  • Evidence. An affidavit is testimonial evidence reduced to writing; it’s persuasive when accompanied by supporting records (PSA certificates, IDs, school or employment records, etc.).
  • Alias and name use. The Alias Law (Commonwealth Act No. 142, as amended) regulates the public use of aliases. Normal variations—middle initials, married names, transliterations—are generally not “aliases” in the legal sense, but persistent intentional use of a different name can trigger alias issues.
  • Civil registry corrections. If the discrepancy is in a PSA civil registry document (birth, marriage, death), the correct path is an administrative petition for clerical errors or change of first name (under the clerical-error framework) or a court petition for substantial changes. An Affidavit for Same Person does not amend PSA entries; it merely explains them for practical transactions.
  • Perjury risk. False statements under oath can lead to criminal liability for perjury under the Revised Penal Code. Keep the affidavit truthful and narrowly tailored to facts you can prove.

When an affidavit is acceptable vs. when it isn’t

Often acceptable (agency practice may vary):

  • Bank account opening/updates when IDs show slightly different name formatting
  • HR/payroll, PhilHealth/SSS/GSIS enrollment or record merging
  • PRC, LTO, school registrars, or licensing offices to reconcile minor name discrepancies
  • Passport, visas, or consular services as supporting proof (final decision rests with the agency)

Not sufficient by itself:

  • To correct PSA entries (birth/marriage/death certificates)
  • To adopt a new name or an alias for public/official use
  • To fix material errors (wrong parents, wrong sex beyond clerical error, major surname changes)

Core elements of a strong affidavit

  1. Title. “Affidavit of One and the Same Person.”
  2. Affiant’s identity. Full legal name as it appears in your primary identity document, citizenship, civil status, date of birth, and address.
  3. Statement of discrepancies. Enumerate each variant exactly as it appears in documents (use quotation marks).
  4. Unifying declaration. A clear statement that all listed variants refer to the same person—the affiant.
  5. Document list (annexes). Identify and attach copies (labeled Annex “A,” “B,” …) of the records showing the variants.
  6. Reason for discrepancy. Brief, factual (e.g., typographical error, clerical oversight, long-standing usage, married name).
  7. Purpose clause. State why you need the affidavit (e.g., bank compliance, HR records, professional licensing).
  8. Undertaking & perjury warning. Acknowledge that statements are true; know the legal consequences of falsehood.
  9. Jurat. Notarial block stating the affidavit was subscribed and sworn before the notary, with the date, place, notary’s commission details, and the ID presented (or credible witnesses).

Evidence to prepare (attach what’s relevant)

  • PSA/Local Civil Registry documents (birth/marriage/death certificates)
  • Government IDs (passport, driver’s license, UMID, PhilID, PRC ID)
  • School/Employment records (TOR, diploma, payslips, company ID, COE)
  • NBI/Police clearance, baptismal or early school records for historical usage
  • Marriage certificate (to explain maiden vs married surname)
  • Prior affidavits or correction orders if any exist

Tip: Align the affidavit’s “correct” name with your strongest identity document (often passport or PhilID). Consistency across attachments helps.


Step-by-step: drafting to use

  1. Audit your records. Make a table of each name variant, where it appears, and the likely cause.
  2. Choose the “anchor” name. Use the legally proper spelling from your strongest ID or corrected PSA record.
  3. Draft precisely. Quote every variant verbatim as they appear (spacing, hyphens, initials).
  4. Attach exhibits. Mark and paginate: Annex “A”: Passport, Annex “B”: PSA Birth Certificate, etc.
  5. Notarize. Bring original IDs. Sign in front of the notary (don’t pre-sign).
  6. File/use. Submit the notarized affidavit with annexes to the requesting institution.
  7. Consider parallel remedies. If the discrepancy sits in a PSA record, start the appropriate administrative or judicial correction. The affidavit helps you transact while that runs its course.

Notarial mechanics (Philippines)

  • Who can notarize? A lawyer with an active notarial commission for the city/province where notarization occurs.

  • Identity proof. Present competent evidence of identity (valid government ID with photo and signature). If unavailable, two credible witnesses may be used (with their IDs).

  • Venue & date. The jurat should reflect the actual city/province and date of notarization.

  • Remote notarization. Available under specific rules and technology setups; in-person notarization remains the default.

  • Abroad. If executed outside the Philippines, you may:

    • Have it notarized at a Philippine Embassy/Consulate; or
    • Have it notarized by a local foreign notary and then apostilled/legalized as required before Philippine use.

Practical limits and common pitfalls

  • Affidavit ≠ PSA correction. Agencies often accept the affidavit to process an application but still ask you to correct the PSA record for long-term compliance.
  • Overbroad claims. Don’t lump unrelated people with similar names; limit to your documented variants.
  • Inconsistent attachments. If the attachments don’t clearly tie back to the same person (birth dates or photos differ), your affidavit loses force.
  • Alias confusion. Avoid presenting the affidavit as permission to use an alias; it merely reconciles existing discrepancies.
  • Expired or weak IDs. Bring current, government-issued IDs to strengthen the affidavit’s credibility.
  • Privacy. Redact sensitive numbers on copies unless the receiving agency requires the full details.

Sample template (fill-in form)

AFFIDAVIT OF ONE AND THE SAME PERSON

I, [Full Name], Filipino, [civil status], of legal age, born on [DOB] in [Place of Birth], and presently residing at [Address], after having been duly sworn in accordance with law, depose and state that:

  1. I am the same person referred to in various records under the following name variations:   a. “[Variant 1]” as it appears in [Document/Agency];   b. “[Variant 2]” as it appears in [Document/Agency];   c. “[Variant 3]” as it appears in [Document/Agency].
  2. The correct and true spelling of my name is [Correct Full Name].
  3. The differences above are due to [brief explanation: typographical error / married name usage / spacing/hyphenation / transliteration].
  4. Attached as Annex “A” to “__” are true copies of my records supporting this affidavit.
  5. This affidavit is executed to attest that all the names stated in paragraph 1 refer to one and the same person, the herein affiant, and for submission to [requesting office/bank/agency] and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [city/province], Philippines.

[Affiant’s Signature over Printed Name] Government ID presented: [Type/No./Date of Issue]

JURAT SUBSCRIBED AND SWORN to before me this [date] at [city/province], affiant exhibiting [ID type/number/date]. I have verified the identity of the affiant through competent evidence of identity.

[Notary Public’s Name] Notary Public for [Province/City] Commission No. [___] | PTR No. [___] | IBP No. [___] Roll No. [___] | Office Address: [___] Doc. No. [___]; Page No. [___]; Book No. [___]; Series of [year].


Variations you might need instead (depending on facts)

  • Affidavit of Discrepancy — same substance, different title.
  • Affidavit of Two Disinterested Persons — executed by two people (not the subject) who can attest to your identity and historical name usage; often paired when your IDs are sparse.
  • Joint Affidavit — signed by you and another person relevant to the record (e.g., parent/guardian for school or childhood records).
  • Affidavit of Loss + Same Person — if the only ID showing the “correct” name is lost.
  • Affidavit with Translation — when a document is in a foreign language.

FAQs

Does it expire? No formal expiry, but agencies may ask for a recently executed affidavit (e.g., within 3–6 months) as a matter of internal policy.

How many variants can I list? As many as needed, but group and number them clearly. Each must be traceable to an attachment.

Do I need witnesses? Not for a standard jurat if you present competent evidence of identity. Witnesses are needed only if you lack IDs or the notary requires them.

Can I use it for passport issuance? It may help as supporting proof to reconcile minor discrepancies. The passport authority decides based on its own rules and your primary records.

What if my PSA birth certificate has the error? Use the affidavit now (to proceed with transactions), but file the appropriate petition to correct the PSA entry through the civil registrar or the court, depending on the nature of the error.

I married and changed/kept my surname—do I need this? Often not, if your IDs consistently reflect your chosen surname usage. You’ll need it if some records show your maiden name and others your married/hyphenated name and an agency requires reconciliation.


Clean checklist (Philippines)

  • Draft affidavit with exact variants quoted
  • Choose and declare the correct full name
  • Prepare Annexes: PSA certificates, IDs, school/work records, clearances
  • Bring original ID for notarization (or credible witnesses)
  • Sign before the notary; get notarized copies with notarial seal
  • Submit to requesting office with annexes
  • Start civil registry correction if the discrepancy is in a PSA record
  • Keep multiple photocopies; store the digital scan securely

Final notes

  • Be accurate and consistent. Small drafting mistakes (like a misspelled variant in the affidavit itself) can cause rejections.
  • Keep the affidavit factual; avoid legal conclusions or unnecessary narratives.
  • When in doubt about whether your discrepancy is “minor” or “substantial,” consult counsel or your local civil registrar before proceeding with a correction petition.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.