Affidavit of Discrepancy for Middle Name Correction in Philippine IDs

1) Why middle-name errors matter in the Philippines

In the Philippine naming system, the middle name is generally the mother’s maiden surname (the surname the mother used before marriage), while the last name/surname is generally the father’s surname (subject to rules on legitimacy, recognition, adoption, and other civil-status events). Because many public and private transactions use identity matching, even a small mismatch—wrong letter, missing space, different spelling—can cause:

  • rejection of applications (passport, loans, employment onboarding, benefits)
  • “hit” or “possible match” flags in verification systems
  • delays in releasing IDs, claims, or records
  • difficulties in banking/KYC and AML checks

An Affidavit of Discrepancy is one of the most commonly accepted documents to explain and bridge inconsistencies across IDs and records—especially when the “true” middle name is clear from a primary civil registry document.


2) What an Affidavit of Discrepancy is (and is not)

A. What it is

An Affidavit of Discrepancy is a sworn statement executed by the person concerned (the “affiant”), declaring that two or more name entries appearing in different documents refer to one and the same person, and explaining how the discrepancy happened and what the correct entry should be.

It is usually titled any of the following:

  • Affidavit of Discrepancy
  • Affidavit of One and the Same Person (often used when the discrepancy is broader than one field)
  • Affidavit to Explain Discrepancy in Name

B. What it is not

An affidavit of discrepancy does not amend the civil registry record by itself. In particular, it does not:

  • correct a PSA Birth Certificate entry by mere notarization
  • create or change filiation, legitimacy, or civil status
  • substitute for a required annotated PSA document when an agency’s rules require the PSA record itself to be corrected

Think of it as an explanatory bridge, not the “root correction,” unless the agency only needs explanation and documentary support.


3) Legal foundations (Philippine context)

A. Notarization and public document character

A properly notarized affidavit becomes a public document and is generally given weight in administrative processing because it is sworn and notarized. Notarization is governed by the rules on notarial practice and related evidence principles.

B. Criminal and administrative exposure for false statements

Because it is sworn, a false affidavit can expose the affiant to perjury under the Revised Penal Code (Article on perjury/false testimony in a solemn affirmation). A notary public may also face administrative sanctions if notarization rules are violated.

C. Civil registry corrections: when you must go beyond an affidavit

If the PSA/LCR record itself is wrong, correction usually falls under:

  • Administrative correction of clerical/typographical errors (commonly associated with RA 9048, and related amendments), or
  • Judicial correction/cancellation of entries under Rule 108 of the Rules of Court (typically when the change is substantial or affects status/filiation).

Middle-name issues can fall into either category depending on why the middle name is changing and whether it implicates filiation/legitimacy.


4) Middle name in Philippine records: common “discrepancy patterns”

  1. Misspelling: “Mendoza” vs “Mendosa”

  2. Spacing/particles: “De la Cruz” vs “Dela Cruz” vs “Delacruz”

  3. Middle name omitted: system shows blank or “N/A”

  4. Middle initial only: “A.” vs “Alvarez” (usually acceptable, but not always)

  5. Wrong middle name used due to form misunderstanding:

    • using the mother’s married surname instead of maiden surname
    • using the father’s surname as “middle name”
  6. Married woman confusion:

    • middle name swapped with maiden surname (father’s surname)
  7. Illegitimacy/recognition issues:

    • child later uses father’s surname but record handling of middle name becomes inconsistent
  8. Encoding limitations: ñ vs n, hyphenation removed, special characters dropped

  9. Second given name mistaken as middle name (common in forms that don’t clearly separate “given name(s)”)


5) The key question: “Is my civil registry record correct?”

Scenario A: PSA Birth Certificate is correct; IDs are wrong

This is the classic situation where an Affidavit of Discrepancy is often effective (with supporting documents). You are not changing your legal identity—you are asking an agency to correct its records to match the primary source.

Scenario B: PSA Birth Certificate is wrong

An affidavit may help explain, but many agencies will require the PSA record to be corrected first (often via LCR/PSA processes), then you propagate the corrected/annotated PSA copy to all IDs.

Scenario C: The change is “substantial,” not just typographical

If the middle name change would effectively alter recognized parentage/filiation (or is connected to legitimacy, recognition, adoption, or similar), the proper remedy may be Rule 108 or other formal processes. In these cases, an affidavit alone is typically insufficient.


6) When an Affidavit of Discrepancy is usually enough

Agencies commonly accept an affidavit (plus proof) when:

  • the discrepancy is minor/clerical (misspelling, spacing, omitted middle name in one ID)
  • there is a clear, consistent “correct” middle name in a primary document (often the PSA birth certificate)
  • you are not changing parentage/civil status, only aligning records
  • you can present supporting documents showing continuity of identity

Examples:

  • Your PSA birth certificate shows “Ana Maria Santos Reyes” (middle name Santos), but your ID shows “Ana Maria Sanots Reyes”.
  • Your IDs alternate between “Dela Cruz” and “De la Cruz” as middle name.
  • One agency record has blank middle name but multiple documents show the correct middle name.

7) When an affidavit is commonly rejected or treated as insufficient

Expect higher scrutiny when:

  • the PSA record is inconsistent or incorrect and uncorrected
  • the middle name you want to use is not supported by civil registry records
  • the “correction” changes the implication of filiation (who the mother is, whether the record suggests a different maternal line)
  • the discrepancy is part of a broader identity conflict (different birthdays, different parents’ names, multiple name variants)
  • the agency’s policy is “PSA-controls” (common in high-integrity identity systems like passports)

In many of these situations, agencies require an annotated PSA birth certificate or a court/administrative order reflecting the correction.


8) Evidence hierarchy: what typically carries the most weight

While requirements vary, a common practical hierarchy is:

  1. PSA Birth Certificate (and annotations)
  2. Local Civil Registrar (LCR) records / certified true copies
  3. PSA Marriage Certificate (where applicable)
  4. Government-issued IDs (especially those issued earlier and consistently)
  5. School records, baptismal certificate, employment records (supporting, not primary)

The affidavit is strongest when it aligns with #1–#3.


9) Drafting the affidavit: what it should contain

A. Core elements

A strong affidavit of discrepancy usually includes:

  1. Affiant’s complete identifying details

    • full name, citizenship, age, civil status, address
  2. Statement of the discrepancy

    • identify each document and the exact name appearing there
  3. Declaration of identity

    • that these entries refer to one and the same person
  4. Cause/explanation

    • encoding error, form misunderstanding, legacy system limitation, etc.
  5. Assertion of the correct middle name

    • typically referencing the PSA birth certificate or LCR record
  6. Purpose clause

    • for correction/updating of records with a specific agency
  7. Attachments/exhibits list

    • PSA birth certificate, IDs, other proof
  8. Jurat (notarial portion)

    • proper sworn notarization, not merely an acknowledgement

B. Precision tips (important in name cases)

  • Quote the discrepant names exactly as they appear (including spacing and capitalization).
  • Use a clear “Correct Name” line (e.g., “My correct middle name is ‘SANTOS’ as shown in my PSA Birth Certificate.”).
  • Attach documents and label them Annex “A,” “B,” etc.
  • Avoid unnecessary storytelling; keep it factual and consistent.

10) Notarization: practical legal points

For an affidavit to function well, notarization must be properly done:

  • The affiant should personally appear before the notary.
  • The notary must verify identity through competent evidence of identity (typically a current government ID with photo/signature).
  • The affidavit should be signed in the notary’s presence, and the jurat should reflect that it was sworn.

Improper notarization can lead to the affidavit being treated as a private document or being rejected by agencies.


11) Agency-by-agency realities (what usually happens)

A. Agencies that often accept affidavit + PSA birth certificate for record correction

In practice, many administrative agencies will accept:

  • affidavit of discrepancy
  • PSA birth certificate (and/or marriage certificate)
  • the ID with the wrong entry
  • the ID(s) with the correct entry (if available)

This pattern commonly appears in benefits and membership agencies, employment onboarding, and some licensing records—subject to their internal policy.

B. Agencies that often require PSA-consistent data (affidavit is supportive only)

For high-integrity identity documents and cross-border use (notably passports), the controlling policy often centers on PSA civil registry documents. In these settings, an affidavit may help explain a mismatch, but the agency may still require the PSA record to be corrected/annotated first if the PSA entry is the source of the discrepancy or if the requested change deviates from PSA.

C. Private institutions (banks, schools, employers)

Private entities frequently accept affidavits to reconcile discrepancies for KYC and HR files, but they also often demand that the name be standardized to one “master” identity document (again typically the PSA record or passport).


12) Special situations that change the analysis

A. Married women: “middle name” vs “maiden name” confusion

A frequent cause of middle name discrepancy is mixing up:

  • Middle name (mother’s maiden surname), and
  • Maiden surname (a woman’s surname before marriage—commonly the father’s surname in typical cases)

Some forms ask for “Maiden Name” separately; others don’t. Inconsistent completion leads to records where the maiden surname is mistakenly placed as the middle name. An affidavit can explain the error, but agencies may still require that the corrected entry match the civil registry documents.

B. Illegitimate children, recognition, and use of father’s surname

When an illegitimate child later uses the father’s surname due to recognition, the handling of middle name becomes a common source of inconsistency across documents. If the civil registry documents reflect a lawful change/annotation, use those as primary proof; the affidavit helps connect older and newer records.

C. Adoption, legitimation, and court/administrative orders

If the middle name change results from adoption/legitimation or similar legal events, the controlling document is usually the annotated civil registry record and the relevant decree/order. Affidavits are secondary.

D. Cultural naming practices (including Muslim and indigenous naming patterns)

Some Filipinos do not use middle names in the conventional sense. Systems that force a middle name field may produce “N/A” or erroneously input a second given name as middle name. Affidavits can be used to clarify, but consistency with primary documents remains the anchor.


13) Strategy: fix the “root,” then propagate

A practical, legally sound approach is:

  1. Identify the correct middle name from the PSA record (or determine if PSA itself needs correction).

  2. Correct the civil registry record first if it is wrong (administrative correction for clerical errors when appropriate; court process when substantial).

  3. Prepare an affidavit of discrepancy to reconcile legacy IDs/records—especially when older documents already contain the error.

  4. Update IDs systematically, starting with IDs or systems that serve as “source” records for others (e.g., membership masterfiles, national ID systems, employer masterfile, banking KYC).

  5. Keep a folder containing:

    • PSA documents (including annotations)
    • affidavit(s)
    • acknowledgment receipts or agency confirmation of correction

14) Risks, red flags, and compliance reminders

  • Do not use an affidavit to “invent” a middle name not supported by civil registry records. That can create exposure for perjury and identity fraud concerns.
  • Avoid executing multiple conflicting affidavits for the same discrepancy. Consistency matters.
  • Where the discrepancy affects parentage, legitimacy, or civil status, treat it as potentially substantial and expect formal processes beyond an affidavit.
  • Use the affidavit as a bridge for identity continuity, not as a substitute for legal correction mechanisms.

Appendix A: Sample “Affidavit of Discrepancy” (middle name)

AFFIDAVIT OF DISCREPANCY I, [Full Name], Filipino, of legal age, [civil status], and residing at [address], after having been duly sworn in accordance with law, hereby depose and state:

  1. That I am the same person whose name appears in various records and identification documents.
  2. That my correct complete name is [Given Name/s] [Correct Middle Name] [Surname], as appearing in my PSA Birth Certificate.
  3. That in my [ID/Record #1, issuing agency, ID number], my middle name is incorrectly reflected as “[Wrong Middle Name]”.
  4. That in my [ID/Record #2, issuing agency, ID number], my middle name appears as “[Correct Middle Name]”.
  5. That the discrepancy was caused by [brief explanation: clerical/encoding error, form misunderstanding, system limitation, etc.].
  6. That “[Wrong Middle Name]” and “[Correct Middle Name]” refer to one and the same person, myself, and that my correct middle name is “[Correct Middle Name]”.
  7. That I am executing this affidavit to attest to the truth of the foregoing and for the purpose of correcting and/or updating my records with [agency/institution] and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__ in __________, Philippines.

(Signature over Printed Name) [Full Name]

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__ in __________, affiant exhibiting to me [ID type and number] as competent evidence of identity.

(Notary Public)


Appendix B: Sample “Affidavit of One and the Same Person” (variant)

Use this when multiple fields vary (e.g., middle name missing in one record, abbreviated in another).

AFFIDAVIT OF ONE AND THE SAME PERSON … (same structure) … Include a table-like enumeration in the body:

  • Document A: [Name as it appears]
  • Document B: [Name as it appears]
  • Correct Name: [Name per PSA]

Conclusion

An Affidavit of Discrepancy is a practical sworn instrument widely used in the Philippines to reconcile middle-name inconsistencies across IDs and records. Its effectiveness depends on aligning the affidavit’s narrative with primary civil registry documents, using proper notarization, and recognizing when the issue is clerical versus substantial—because substantial changes require formal civil registry correction processes beyond a sworn explanation.

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