Affidavit of Discrepancy for Passport Typographical Error (Philippines): Everything You Need to Know
1. What an “Affidavit of Discrepancy” Is
An Affidavit of Discrepancy is a sworn, notarized statement explaining and reconciling inconsistencies between two or more documents that should carry identical personal data (name, date of birth, sex, place of birth, etc.). For passport matters, it tells the Department of Foreign Affairs (DFA) that the differing entries in your passport versus your civil‐registry records are due only to a clerical or typographical error and that all records refer to the same person.
2. Typical Situations That Call for One
Discrepancy | Common Real-World Cause | Why the Affidavit Helps |
---|---|---|
“Maria Anna” (passport) vs “Maria Ana” (PSA birth certificate) | A clerk inserted an extra “n” when the passport was first issued. | Shows the DFA that the letter swap is merely a typo. |
Reversed month/day in birth date | Data entry mistake in earlier passport system. | Explains that true birth date is that shown in PSA record. |
Middle name missing or mis-spelled | Omitted or mis-read in application form. | Clarifies correct maternal family name. |
3. Legal & Regulatory Framework
Source | Key Points |
---|---|
Republic Act 8239 (Philippine Passport Act of 1996) & DFA Passport Manual | DFA may require “supporting affidavits” for discrepancies before accepting an application. |
Rules on Notarial Practice 2004 | Sets formal requirements for notarized affidavits (jurat, competent evidence of identity, notarial register). |
National Internal Revenue Code, Sec. 188 & RA 9243 | Imposes ₱30 documentary-stamp tax on “certificates or affidavits.” |
RA 9048 / RA 10172 (Petition to Correct Clerical Error in Civil Registry) | Not used for passport typos—the correction must first be made in the civil registry if the error is there. The affidavit is proper only when the civil-registry record is correct and the passport (or other ID) is wrong. |
4. When an Affidavit Works—and When It Doesn’t
Scenario | Proper Remedy |
---|---|
Passport wrong, PSA birth certificate correct | Affidavit of Discrepancy + apply for new passport with correct data. |
PSA birth certificate wrong, passport “right” | File a petition under RA 9048/10172 at the Local Civil Registrar, not an affidavit. |
Major change (e.g., changing first name, legitimacy status) | Court approval (Rule 108 petition) or administrative remedy, affidavit is insufficient. |
5. Minimum Contents of an Affidavit of Discrepancy
Title – “Affidavit of Discrepancy” or “Affidavit Explaining Discrepancy in Personal Details.”
Affiant’s Personal Details – full legal name, marital status, citizenship, residence.
Narration of Facts
- Identify the two documents in conflict (e.g., “my Philippine passport no. P1234567A issued 12 Jan 2021” vs “my PSA birth certificate with registry no. —”).
- Quote the conflicting entries.
- State that the discrepancy is due to typographical error and that both records pertain to the same person.
Declaration – affirmative statement that the facts are true and executed to attest to the discrepancy for DFA processing.
Exhibit References – Annex copies of the passport data page and PSA birth certificate.
Signature & Jurat – sign in front of the notary public; notary completes jurat, records in notarial register, and affixes seal.
Tip: Use consistent wording—spell your full name exactly as it appears on the correct document throughout the affidavit.
6. Draft Template (Ready-to-Fill)
REPUBLIC OF THE PHILIPPINES )
______________________ ) SS.
AFFIDAVIT OF DISCREPANCY
I, ____________________________, of legal age, Filipino, [single/married],
residing at _______________________________________________, after having
been duly sworn, depose and state:
1. That I am the same person referred to in the following records:
a. Philippine Passport No. ____________ issued on _________, wherein
my name/date of birth appears as: _________________________;
b. PSA-issued Certificate of Live Birth with Registry No. _________,
wherein my name/date of birth appears as: _____________________;
2. That the variance consists solely of a typographical/clerical error—
specifically, _________________________________________________;
3. That both documents pertain to me and refer to one and the same person;
4. That I execute this Affidavit to attest to the foregoing facts and to
comply with the requirements of the Department of Foreign Affairs for
the issuance of a Philippine passport reflecting my correct personal
particulars.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
________ 20___ at ________________, Philippines.
___________________________
Affiant
Passport No. _____________
SUBSCRIBED AND SWORN to before me this ___ day of ______ 20___ at
__________________________, affiant exhibiting to me his/her competent
proof of identity, ______________________, valid until _____________.
Notary Public
7. Getting It Notarized
Step | What to Bring | Fee Range* |
---|---|---|
Draft affidavit + 2 photocopies | Passport data page, PSA birth certificate, one valid government ID | ₱200–₱500 notarization fee + ₱30 DST |
*Metro Manila benchmark; provincial rates may vary.
8. Submitting to the DFA
Book an online passport appointment (renewal or correction category).
Bring:
- Printed appointment confirmation
- PSA birth certificate (original + photocopy)
- Current passport (for renewal)
- Affidavit of Discrepancy (original notarized)
- Government ID that matches PSA record (if available)
Processing fee:
- Regular (15 working days Metro Manila): ₱950
- Express (7 working days Metro Manila): ₱1,200
Outcome: A new passport booklet with corrected data; old passport is physically cancelled and returned.
9. Special Cases & Practical Pointers
Situation | Additional Notes |
---|---|
Minors | Parent or legal guardian executes the affidavit on the child’s behalf; guardianship proof may be required. |
Married women using maiden → married surname | If discrepancy involves surname usage, attach PSA marriage certificate. |
Dual citizens | Present Identification Certificate/RA 9225 documents together with affidavit if Philippine and foreign passports differ. |
OFWs on urgent leave | Most Philippine embassies/consulates accept the same affidavit format; retain extra photocopies. |
10. Limitations and Risks
- Not self-executing: The affidavit does not itself change government databases; it only persuades agencies to accept your explanation while the official record is being updated.
- Subject to DFA discretion: If the officer considers the discrepancy substantial, you may still be told to correct your civil-registry entry first.
- Perjury liability: False statements in a notarized affidavit may be prosecuted under Art. 183, Revised Penal Code (penalty: up to six years’ imprisonment).
11. Alternatives and Permanent Corrections
Error Origin | Proper Remedy (Permanent) |
---|---|
Clerical typo in birth certificate | RA 9048 petition at Local Civil Registrar (₱3 k–₱5 k + 3–6 months). |
Wrong sex marker or birth month/day | RA 10172 petition (same office, similar cost/timeline). |
Wrong first name or legitimation details | Court petition under Rule 108, Rules of Court (longer & costlier). |
Once the PSA issues an annotated birth certificate correcting the error, you no longer need an affidavit—your next passport renewal will rely on the corrected PSA record.
12. Frequently Asked Questions
Q | A |
---|---|
Is the affidavit “valid for only six months”? | No. Unless the receiving agency imposes a freshness rule, an affidavit remains valid until you revoke it or circumstances change. |
Can I download a blank form online? | Yes, but courts/DFA do not require a prescribed form. Any affidavit that meets the content rules and is duly notarized is accepted. |
Do I need to register the affidavit with the Local Civil Registrar? | No. It is attached to your passport application only. |
Will the affidavit work for bank, SSS, PhilHealth, PRC? | Generally yes—agencies accept it for minor clerical errors, but major changes still need PSA correction. |
13. Key Takeaways
- Use an Affidavit of Discrepancy only when the civil-registry record is correct and the passport (or other ID) contains the typo.
- Draft clearly: cite both documents, describe the exact mismatch, swear they refer to the same person.
- Notarization is mandatory; pay ₱30 documentary-stamp tax and keep multiple certified copies.
- Submit the affidavit with your passport renewal/correction packet; expect a new passport booklet, not an “amended” old one.
- For mistakes in the PSA birth certificate itself, bypass the affidavit and file a statutory correction petition (RA 9048/10172).
Disclaimer: This article is for general information only and is not a substitute for personalized legal advice. When in doubt, consult a Philippine lawyer or the DFA’s official helpdesk.