Affidavit of Discrepancy for DFA Passport: Correcting Birthplace Errors in the Philippines

Introduction

In the Philippine legal system, accuracy in civil registry documents is paramount, particularly for official identification purposes such as passports issued by the Department of Foreign Affairs (DFA). Errors or discrepancies in key details, such as birthplace, can arise due to clerical mistakes, inconsistencies across documents, or historical recording practices. An Affidavit of Discrepancy serves as a sworn statement that explains and attests to such inconsistencies, allowing individuals to proceed with passport applications or renewals without immediate rejection. This document is especially relevant when the birthplace listed on a birth certificate differs from that in supporting documents like school records, baptismal certificates, or other government-issued IDs.

This article provides a comprehensive overview of the Affidavit of Discrepancy in the context of correcting birthplace errors for DFA passports. It covers the legal framework, applicability, preparation process, requirements, procedural steps, potential challenges, and related remedies under Philippine law. While the affidavit offers a practical solution for minor discrepancies during passport processing, it does not constitute a permanent correction of the underlying civil registry record. For substantive changes, formal amendment procedures may be necessary.

Legal Basis

The use of an Affidavit of Discrepancy draws from several Philippine laws and regulations governing civil registration, passports, and documentary evidence:

Republic Act No. 386 (Civil Code of the Philippines): Establishes the foundational rules for civil registry entries, emphasizing their authenticity and the need for corrections through proper channels. Discrepancies in entries like birthplace are treated as potential evidentiary issues that can be addressed via affidavits in administrative proceedings.
Republic Act No. 8239 (Philippine Passport Act of 1996): Mandates the DFA to issue passports based on verified identity and citizenship. Section 6 requires applicants to submit authentic documents, but allows for explanatory affidavits in cases of inconsistencies to prevent undue denial. The DFA's implementing rules recognize affidavits as supporting evidence for resolving minor discrepancies without halting the application process.
Republic Act No. 9048 (Clerical Error Law of 2001), as amended by Republic Act No. 10172 (2012): These laws permit administrative corrections of clerical or typographical errors in civil registry documents (e.g., birth certificates) without a court order. Under RA 10172, corrections to the day and month of birth are allowed, but changes to the place of birth (birthplace) are generally considered substantive and may require judicial intervention if they alter the facts of birth significantly. However, for passport purposes, an Affidavit of Discrepancy can bridge the gap when full correction is pending or deemed unnecessary.
Administrative Order No. 1, Series of 2001 (Implementing Rules for RA 9048): Issued by the Office of the Civil Registrar General (OCRG), this outlines procedures for affidavits in support of corrections. It indirectly supports the use of discrepancy affidavits in DFA processes by allowing sworn statements to clarify inconsistencies.
DFA Department Orders and Guidelines: The DFA's Passport Handbook and various circulars (e.g., DFA-OCA Circular No. 01-2018) explicitly allow affidavits for discrepancies in personal details, including birthplace, as part of the application kit. These are administrative remedies to ensure efficient processing while upholding document integrity.
Rules of Court (Rule 132 on Documentary Evidence): In broader legal contexts, affidavits serve as prima facie evidence of facts stated therein, provided they are notarized and executed in good faith.

The affidavit is not a standalone corrective tool but a declaratory instrument that attests to the true facts amid conflicting records. It aligns with the principle of substantial compliance in administrative law, where minor errors should not invalidate essential rights like travel.

When an Affidavit of Discrepancy is Needed

An Affidavit of Discrepancy becomes necessary in DFA passport applications or renewals when there is a mismatch in the birthplace detail across submitted documents. Common scenarios include:

Clerical Errors: Misspelling of the birthplace (e.g., "Quezon City" recorded as "Queson City") or abbreviations (e.g., "Mla." instead of "Manila").
Inconsistencies Between Documents: The Philippine Statistics Authority (PSA)-issued birth certificate lists one birthplace (e.g., "Manila"), but supporting documents like a baptismal certificate, school transcript, or driver's license indicate another (e.g., "Makati"). This often stems from manual recording errors in pre-digital eras.
Historical or Administrative Changes: Birthplace recorded based on old municipal boundaries that have since changed (e.g., areas reclassified from one city to another).
Late Registration Issues: For birth certificates registered late, discrepancies may arise from reliance on oral recollections or incomplete records.

It is not suitable for fraudulent alterations or major factual changes (e.g., claiming a different province to fabricate citizenship). In such cases, the DFA may refer the matter to the National Bureau of Investigation (NBI) or require court-ordered corrections.

If the discrepancy is deemed clerical under RA 9048/10172, the affidavit can support a petition to the Local Civil Registrar (LCR) or PSA for amendment. However, birthplace changes often fall outside clerical corrections if they involve the "place" element, which is considered a core fact of birth requiring a Petition for Correction of Entry under Rule 108 of the Rules of Court.

Procedure for Preparing and Submitting the Affidavit

The process involves drafting, notarization, and submission to the DFA. Here is a step-by-step guide:

Consult Relevant Authorities: Verify the discrepancy by obtaining certified copies of all conflicting documents from the PSA, LCR, or other issuers. If possible, consult a lawyer or the DFA's passport division for guidance on whether an affidavit suffices or if a full correction is required.
Draft the Affidavit: Prepare a sworn statement in Filipino or English, detailing:
- The affiant's personal information (full name, age, address, civil status).
- A clear description of the discrepancy (e.g., "My PSA birth certificate indicates birthplace as 'Manila,' but my baptismal certificate and school records show 'Quezon City'").
- An explanation of the true facts, supported by evidence.
- Attestation that the discrepancy is not intentional or fraudulent.
- Signature of the affiant.
The affidavit must be subscribed and sworn to before a notary public.
Notarization: Have the document notarized at a notary public's office. Notarial fees typically range from PHP 100 to PHP 500, depending on location.
Gather Supporting Documents: Attach at least two (2) supporting documents that corroborate the correct birthplace, such as:
- Baptismal certificate.
- School records (Form 137 or transcript).
- Hospital birth records.
- Affidavits from witnesses (e.g., parents or relatives).
Submit to DFA: Include the affidavit in the passport application packet during the appointment at a DFA consular office or satellite site. The DFA evaluator will review it; approval is discretionary but common for minor issues.
Follow-Up if Needed: If rejected, the applicant may appeal to the DFA's Passport Committee or pursue formal correction through the LCR/PSA or courts.

The entire process for the affidavit itself can be completed in 1-2 days, but passport processing takes 10-15 working days for regular applications.

Requirements and Documentation

To ensure validity, the affidavit must meet these standards:

Format: Typed or handwritten legibly on legal-sized paper, with 1-inch margins.
Content Essentials:
- Republic of the Philippines header.
- Affiant's declaration under oath.
- Specific facts of discrepancy.
- Jurat (notary's certification).
Supporting Evidence: Minimum of two disinterested witnesses' affidavits if the discrepancy is contested.
Fees: Notarization fee; no separate DFA fee for the affidavit, but passport application fees apply (PHP 950 for regular, PHP 1,200 for express).
Validity: The affidavit is valid indefinitely unless new evidence emerges contradicting it.

For minors, the affidavit must be executed by a parent or guardian.

Sample Affidavit Template

Below is a basic template (adapt as needed; consult a lawyer for customization):

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [Location]) S.S.

AFFIDAVIT OF DISCREPANCY

I, [Full Name], of legal age, [civil status], Filipino, and a resident of [Address], after having been duly sworn in accordance with law, do hereby depose and state:

That I am the applicant for a Philippine passport with the Department of Foreign Affairs.
That in my PSA Birth Certificate, my birthplace is indicated as "[Incorrect Birthplace]", but in my [Supporting Document 1] and [Supporting Document 2], it is correctly stated as "[Correct Birthplace]".
That this discrepancy arose due to [brief explanation, e.g., clerical error during registration].
That the correct birthplace is "[Correct Birthplace]", and I attest that this is the truth to the best of my knowledge.
That I am executing this affidavit to clarify the discrepancy for purposes of my passport application and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [Location].

[Signature]
[Full Name]
Affiant

SUBSCRIBED AND SWORN to before me this [Date] at [Location], affiant exhibiting to me [ID Type and Number].

[Notary Public Signature]
Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].

Potential Challenges and Remedies

Rejection by DFA: If the discrepancy is substantial, the DFA may require a court order. Remedy: File a Petition for Correction under Rule 108 in the Regional Trial Court of the birthplace's jurisdiction. This involves publication in a newspaper and hearings, taking 6-12 months and costing PHP 5,000-20,000 in fees.
Fraud Allegations: False affidavits can lead to perjury charges under Article 183 of the Revised Penal Code (imprisonment of up to 6 years).
Multiple Discrepancies: If birthplace is one of several errors, a Joint Affidavit of Two Disinterested Persons may be needed.
Overseas Filipinos: For applicants abroad, affidavits can be executed at Philippine embassies/consulates under consular notarization.
Permanent Resolution: To avoid recurring issues, amend the birth certificate via LCR/PSA for clerical errors or court for substantive ones. Post-amendment, a new Annotated Birth Certificate is issued.

Conclusion

The Affidavit of Discrepancy is an essential tool in Philippine administrative law for addressing birthplace errors in DFA passport applications, promoting efficiency while safeguarding document integrity. It exemplifies the balance between bureaucratic requirements and practical remedies. However, it is advisable to pursue permanent corrections for long-term consistency across all records. Individuals facing such issues should seek professional legal advice to navigate nuances, ensuring compliance with evolving DFA policies and civil registry laws. This approach not only facilitates international travel but also upholds the accuracy of one's civil identity.

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