Affidavit of Discrepancy for passport applications with name errors

In the realm of Philippine administrative law, the passport is considered the "gold standard" of identification. Consequently, the Department of Foreign Affairs (DFA) maintains stringent standards regarding the consistency of personal data. When a discrepancy exists between your Birth Certificate (issued by the Philippine Statistics Authority) and other supporting documents or previous records, an Affidavit of Discrepancy—often specifically termed an Affidavit of One and the Same Person—becomes a vital legal instrument.


Nature and Purpose

An Affidavit of Discrepancy is a sworn statement executed by an individual (the affiant) to explain and rectify inconsistencies in their personal records. For passport applications, this is usually required when there is a slight variation in the spelling of a name, a missing middle name, or an interchangeable use of first names across different legal documents.

The primary legal purpose is to manifest under oath that the different names appearing in various records refer to one and the same individual, thereby establishing a singular legal identity for the issuance of a Philippine passport.

Common Scenarios Requiring the Affidavit

While major errors (like a wrong birth year or a completely different surname) often require a Judicial Correction of Entry or a petition under Republic Act No. 9048, the Affidavit of Discrepancy is typically sufficient for "clerical or typographical" nuances, such as:

  • Spelling Variations: For example, "Maria" in the birth certificate versus "Ma." in a driver’s license.
  • Missing Middle Names: When an individual’s middle name is omitted in some IDs but present in the birth certificate.
  • Use of Junior/Suffixes: When "Jr." or "III" is inconsistently applied across government records.
  • Inverted Names: When the first and middle names are swapped in certain documents.

Essential Elements of the Document

To be legally sufficient for the DFA, the affidavit must contain several key components:

  1. Heading and Title: Usually titled "Affidavit of Discrepancy" or "Affidavit of One and the Same Person."

  2. Affiant’s Profile: Full name, age, nationality, civil status, and residence.

  3. The Statement of Fact: A clear declaration of the discrepancy.

    Example: "In my Birth Certificate, my name is recorded as 'John Paul Dela Cruz,' but in my Unified Multi-Purpose ID (UMID), it appears as 'JP Dela Cruz'."

  4. The Affirmation of Identity: A categorical statement that "John Paul Dela Cruz" and "JP Dela Cruz" refer to the same person.

  5. Purpose of the Affidavit: Explicitly stating that the document is being executed to support a Philippine Passport application.

  6. Signature and Jurat: The affiant must sign the document in the presence of a Notary Public, who will then affix their seal and commission details.


The Legal Weight of "Under Oath"

Execution of this affidavit is not a mere formality. Because it is a sworn statement, the affiant is subject to the provisions of the Revised Penal Code regarding Perjury. Providing false information in an attempt to hide a true identity or commit fraud can lead to criminal prosecution and the permanent blacklisting of the applicant by the DFA.

Limitations: When an Affidavit is Not Enough

It is critical to distinguish between a discrepancy and a substantial error. An Affidavit of Discrepancy cannot be used to:

  • Change a birth date by several years.
  • Change the registered sex/gender.
  • Change the surname to a different family name (without marriage or legal adoption).
  • Correct a name that requires a court order or a petition at the Local Civil Registrar (LCR).

If the error is found on the Birth Certificate itself, the applicant must first correct the primary document through the LCR (via R.A. 9048 or R.A. 10172) before proceeding with the passport application.


Practical Steps for Applicants

  • Consultation: Before notarizing, verify with the DFA or the official appointment portal if your specific discrepancy allows for an affidavit or if it requires a higher form of correction.
  • Drafting: While templates are available, ensure the facts precisely match your documents to avoid further confusion.
  • Notarization: Ensure the notary public is currently commissioned. If the affidavit is executed abroad, it must be authenticated or apostilled (or executed at a Philippine Consulate/Embassy).
  • Supporting Evidence: Always attach the documents mentioned in the affidavit (e.g., photocopies of the IDs showing the discrepancy) when submitting to the DFA evaluator.

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