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 Philippines, the act of notarizing an affidavit transforms a private document into a public document. This conversion grants the document the presumption of regularity and makes it admissible in evidence without further proof of its authenticity.

Navigating the requirements for notarization involves understanding the foundational 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and the landmark Rules on Electronic Notarization (A.M. No. 24-10-14-SC), which institutionalized digital notarization pathways.

I. The Jurat: The Soul of an Affidavit

A common point of confusion is the distinction between an Acknowledgment and a Jurat.

Acknowledgment: Typically used for contracts, deeds, and conveyances, where the party acknowledges to the notary that the instrument is their free act and deed.
Jurat: The specific notarial act required for affidavits. It is a declaration that the individual personally appeared before the notary, took an oath or affirmation, and signed the instrument in the notary's presence.

A proper jurat must contain the standard clause: "Subscribed and sworn to before me..." along with the details of the affiant’s competent evidence of identity.

II. Requirements for Traditional Paper-Based Notarization

For traditional "wet-ink" affidavits, the Supreme Court enforces strict compliance with the following essentials. Failure to comply can invalidate the notarial act and subject the notary public to administrative sanctions.

1. Mandatory Personal Appearance

The affiant must physically appear before the notary public. Signing a document at home and sending a representative or messenger to the notary is strictly prohibited. The notary must personally witness the signature or the affiant's confirmation of the statement under oath.

2. Competent Evidence of Identity

The notary public must verify the identity of the affiant. Under Philippine law, this must be done through Competent Evidence of Identity, which is defined as:

At least one current identification card issued by an official government agency bearing the photograph and signature of the individual.

Important Notice on the "Cedula" (Community Tax Certificate): > While traditionally written into the documentation blocks of legal forms, a Cedula is not valid competent evidence of identity for notarization because it lacks a photograph. It can be presented for tax tracing, but a photo-bearing government ID (e.g., Passport, Driver's License, UMID, PhilSys National ID, PRC ID) is legally mandatory.

If No Valid ID is Available:

If the affiant lacks a valid government-issued photo ID, the rules allow identity verification through either:

The oath or affirmation of one trustworthy witness who is personally known to the notary public and who personally knows the affiant.
The oath or affirmation of two independent witnesses who personally know the affiant and present their own valid government IDs.

3. Signatures and Thumbprints

The affiant signs the affidavit in the presence of the notary. Furthermore, the affiant is required to affix their signature and right thumbprint (or other finger mark if the right thumb is missing) into the notary public's physical Notarial Register.

III. The Digital Shift: Electronic Notarization

The Supreme Court expanded access to legal services by implementing the Rules on Electronic Notarization. This framework provides an entirely digital pathway for notarizing electronic documents (such as PDF or PDF/A files).

Under this modern framework, affidavits can be processed through two distinct electronic modes:

1. In-Person Electronic Notarization (IEN)

The affiant and the Electronic Notary Public (ENP) are physically in the same room, but the document is executed digitally on an accredited Electronic Notarization Facility (ENF) using electronic signatures.

2. Remote Electronic Notarization (REN)

The affiant appears virtually via videoconferencing through an ENF. This eliminates geographic barriers, with a few crucial caveats:

Geographic Jurisdiction: While traditional notaries can only operate within the specific territorial jurisdiction of their commissioning court, an ENP utilizing REN can perform electronic notarial acts anywhere within the Philippines.
Affiants Abroad: An affiant located outside the Philippines can utilize REN only if they are physically located within the premises of a Philippine embassy, consular office, or authorized diplomatic post during the video session.

Enhanced Identity Verification for E-Notarization

Because virtual presence replaces physical proximity under REN, identity verification is strictly augmented. The platform utilizes:

Electronic Know-Your-Customer (e-KYC) protocols.
Multi-factor authentication (MFA).
Liveness detection and anti-spoofing technologies.
Geolocation tracking to confirm the physical location of the parties and prevent the use of VPNs.

IV. Notarial Reporting and Transparency Safeguards

To prevent backdating, forgery, and the unauthorized alteration of records, the Supreme Court mandates a highly transparent digital paper trail for all notaries public:

PDF Submissions: Notaries must keep portable document format (PDF) copies of each month’s entries and duplicate originals. These must be securely emailed directly to the Clerk of Court within the first 10 days of the succeeding month. External cloud links (e.g., Google Drive or Dropbox) or compressed archives (.zip or .rar) are strictly rejected to prevent tampering.
Electronic Seals: For electronic notarizations, the notary affixes an electronic signature and a digital notarial seal integrated with a unique barcode or QR code linked directly to the Supreme Court Central Notarial Database.
Signatory Copies: The notary is mandated to transmit an electronic copy of the finalized document to the signatory within five days of completion at no extra cost.

V. Legal Consequences of Non-Compliance

Strict adherence to notarization protocols safeguards the evidentiary value of the affidavit.

Defective Notarization

If an affidavit is notarized in the absence of the affiant, or with an invalid ID, the document loses its status as a public document. It degrades to a private document, meaning it can no longer be automatically admitted into court proceedings or accepted by government agencies (such as the BIR, LTO, or DFA) without independent proof of its execution.

Criminal Liability for Perjury

Because an affidavit is signed under an active oath ("jurat"), any deliberate falsehood written into the document constitutes the crime of Perjury under Article 183 of the Revised Penal Code of the Philippines, exposing the affiant to criminal prosecution. Legal professionals who knowingly notarize false statements or bypass personal appearance face immediate revocation of their notarial commission and disbarment.