An affidavit is a formal, written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized by law. In the Philippine legal system, the notarization of an affidavit is not a mere bureaucratic formality; it is a solemn act that transforms a private document into a public document, clothed with evidentiary weight and the legal presumption of regularity.
The primary framework governing this process is the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), alongside landmark digital updates promulgated by the Supreme Court.
1. The Core Notarial Act for Affidavits: The Jurat
A common misconception is that all notarized documents undergo an "Acknowledgment." For affidavits, the correct and required notarial act is a Jurat.
Legal Definition (Rule II, Section 6): A Jurat refers to an act in which an individual on a single occasion appears in person before the notary public, presents an instrument or document, is personally known to the notary public or identified through competent evidence of identity, signs the instrument or document in the presence of the notary, and takes an oath or affirmation before the notary public as to the truth of its contents.
Jurat vs. Acknowledgment
- Jurat: The affiant swears to the truth of the contents of the document under penalty of perjury. Used for affidavits, certifications, and verifications.
- Acknowledgment: The person states to the notary that the document is their free and voluntary act and deed. Used for contracts, deeds, and agreements.
2. Essential Requirements for Traditional Notarization
To secure a valid notarization of an affidavit in the Philippines, specific statutory criteria must be met:
A. Physical and Personal Appearance
The affiant must physically appear before the notary public. "Proxy notarization" or signing a document beforehand and sending a representative to the notary is strictly prohibited and can lead to the revocation of the lawyer's notarial commission and disciplinary sanctions under the Code of Professional Responsibility and Accountability (CPRA).
B. Competent Evidence of Identity
Under Philippine notarial laws, the notary public must verify the identity of the affiant. This is achieved through Competent Evidence of Identity, which requires:
- At least one current identification document issued by an official government agency.
- The ID must bear the photograph and signature of the individual.
| Acceptable Competent IDs | Unacceptable IDs / Documents |
|---|---|
| Philippine Passport, Driver's License | Community Tax Certificate (Cedula) |
| PRC ID, SSS / GSIS / UMID Card | Company ID cards (without statutory authority) |
| Unified Multi-Purpose ID, Postal ID | Expired government IDs |
| National ID (PhilID) | Photocopied or digital/screenshot IDs |
Exception: If the affiant lacks a competent ID, identity can be established under oath by one credible witness personally known to the notary public, or two credible witnesses who do not know the notary but can present their own valid competent IDs.
C. Mental Capacity and Voluntariness
The notary public is legally bound to assess the demeanor of the affiant. If there is reasonable doubt regarding the affiant's mental capacity, understanding of the document, or if the signature appears to be coerced, the notary must refuse to perform the notarial act.
3. Step-by-Step Step Process of Traditional Notarization
[Affidavit Drafted] ➔ [Personal Appearance] ➔ [Identity Verification] ➔ [Oath Administration] ➔ [Signing & Ledger Entry] ➔ [Affixing Seal & Notarial Details]- Drafting: The affidavit is drafted, leaving the signature block and the "Jurat" section at the bottom blank.
- Presentation: The affiant presents the unexecuted affidavit and their competent ID to the notary public within the notary's territorial jurisdiction.
- The Oath: The notary public administers the oath. The affiant typically raises their right hand and swears that the statements in the affidavit are true to the best of their personal knowledge and belief.
- Execution: The affiant signs the document in the explicit presence of the notary public. If the affiant cannot sign due to physical limitations, they may affix their thumbmark, witnessed by two disinterested individuals.
- Logging in the Notarial Register: The details of the act are chronologically recorded in the notary's bound Notarial Register. The affiant must sign and affix their thumbmark next to the register entry.
- Certification and Sealing: The notary fills out the Jurat block, signs the document, and applies their official dry seal. The notary must write down the following mandatory tracking details:
- Document Number (Doc. No.)
- Page Number (Page No.)
- Book Number (Book No.)
- Series of [Year]
- Notarial Commission details (Commission number, place of issuance, expiration date)
- Professional Tax Receipt (PTR) and IBP Official Receipt numbers
- Roll of Attorneys Number
4. Landmark Modernization: Digital and Electronic Notarization (2025–2026)
To adapt to technological changes under the Supreme Court's Strategic Plan for Judicial Innovations (SPJI 2022-2027), the rules governing notarial practice in the Philippines have expanded significantly.
The Rules on Electronic Notarization (A.M. No. 24-10-14-SC)
Promulgated by the Supreme Court, this framework permits the notarization of purely electronic documents (in PDF/A format) via secure, Supreme Court-accredited Electronic Notarization Facilities (ENF).
- In-Person Electronic Notarization (IEN): The affiant and the Electronic Notary Public (ENP) are in the same room but execute the affidavit using digital signatures and biometrics on an accredited device.
- Remote Electronic Notarization (REN): Allows the affiant to be in a completely different location from the ENP, connecting via secure videoconferencing. Multi-factor authentication (MFA) and e-KYC mechanisms (facial recognition) are strictly utilized.
- Expanded Jurisdiction: While traditional notaries can only notarize within the specific city or province of their court commission, an Electronic Notary Public (ENP) is authorized to perform electronic notarial acts for principals located anywhere within the Philippines, and under restricted conditions, Overseas Filipino Workers (OFWs) inside Philippine embassies or consular offices abroad.
Digitized Reporting Requirements (Amended 2004 Rules)
Even for traditional paper affidavits, the Supreme Court issued strict updates regarding reporting:
- Notaries public are now mandated to maintain exact electronic PDF copies of their monthly notarial entries and duplicate originals.
- These must be transmitted via an official, professional email address of record to the Clerk of Court within the first 10 days of the succeeding month.
- No additional fees can be charged to citizens for the digitization or electronic processing of these documents.
5. Legal Effects and Penalties
Evidentiary Value
Once an affidavit is properly notarized, it gains the status of a public document under the Rules of Court. It can be introduced into evidence in judicial proceedings without further proof of its authenticity or due execution. It carries a strong presumption that the facts therein stated are true, a presumption that can only be overcome by clear, strong, and convincing evidence.
Liability for False Statements (Perjury)
Because a Jurat requires the administration of a legal oath, any affiant who deliberately makes a material falsehood in a notarized affidavit commits the crime of Perjury under Article 183 of the Revised Penal Code of the Philippines. Perjury is a criminal offense punishable by imprisonment (prision correctorial in its minimum period to medium period).
Furthermore, a notary public who knowingly notarizes a false affidavit, or executes a notarization without the physical or verified electronic presence of the affiant, faces administrative disbarment, civil liability, and criminal charges for falsification of public documents.