Affidavit of Discrepancy for Philippine Passport Application
A comprehensive guide for lawyers, notaries, and applicants
1. What is an Affidavit of Discrepancy?
An Affidavit of Discrepancy (AoD) is a sworn written statement, executed under oath before a duly commissioned notary public (or Philippine consul when executed abroad), in which the affiant explains and reconciles conflicting personal data found in two or more civil or identity documents. In the context of a Philippine passport application, it is presented to the Department of Foreign Affairs (DFA) to show that:
- the different entries refer to one and the same person, and
- the variance is the result of clerical error, typographical error, or a change in civil status rather than identity fraud.
2. Legal Foundations
| Instrument | Key Provisions |
|---|---|
| Republic Act 8239 (Philippine Passport Act of 1996) and its 2023 Amendments | Authorises the DFA to set documentary rules for establishing identity and citizenship; allows affidavits to support passport applications where primary evidence is inconsistent. |
| DFA Passport Manual (latest consolidated edition, 2024) | Lists the AoD as an “auxiliary document” to cure discrepancies between the applicant’s PSA‐issued civil registry records and supporting IDs. |
| Civil Code Arts. 1306 & 1318 and Rules on Notarial Practice (2020) | Provide the framework for private acts under oath, form, notarisation, and evidentiary weight of affidavits. |
| Republic Acts 9048 & 10172 (administrative correction of civil registry entries) | Offer the preferred remedy for obvious clerical errors; the DFA, however, still accepts an AoD when the correction process is ongoing or where discrepancy lies in IDs rather than the PSA record. |
| Revised Penal Code Art. 183 | Penalises perjury; a false AoD may expose the affiant to criminal liability. |
3. When Is an AoD Required by the DFA?
| Typical Discrepancy | Common Example(s) | DFA Documentary Rule |
|---|---|---|
| Name spacing / middle initial | “JUAN DELA CRUZ” vs. “JUAN D. CRUZ” | AoD + valid government ID + |
| PSA‐issued Birth Certificate | ||
| Birth date | BC: 02 Feb 1995 vs. School ID: 12 Feb 1995 | AoD + ID bearing correct birth date + PSA BC |
| Gender symbol | Passport renewal where old passport shows “F” but PSA BC shows “M” (clerical) | AoD + PSA BC + “Petition for correction” proof if filed |
| Surname after marriage | BC: “MA. CLARA SANTOS” vs. IDs: “MA. CLARA S. DELA CRUZ” | AoD + PSA Marriage Certificate |
| Adoption or legitimation | BC amended under R.A. 8552; old IDs still carry pre‐amendment surname | AoD + annotated BC + Court/DSWD order |
Important: The DFA will not accept an AoD to justify a willful change of name, change of citizenship, or alteration that requires judicial action (e.g., sex/gender reassignment absent a court order).
4. Who May Execute the Affidavit?
- The applicant himself/herself, if of legal age (≥ 18).
- A parent or legal guardian for minors; guardianship papers or Special Power of Attorney (SPA) is required.
- Attorney‐in‐fact under SPA for applicants abroad or with incapacity.
5. Core Contents and Form
An AoD follows the general structure of affidavits under §6, 2020 Rules on Notarial Practice:
Title/Caption – “Affidavit of Discrepancy”
Affiant’s Personal Details – name (as in PSA BC), address, nationality, civil status, competent evidence of identity (CEI).
Narration of Facts
- Identify all source documents, with registry serial numbers or ID numbers.
- Point out exact conflicting entries.
- State the reason (clerical error, married name, etc.).
- Affirm that the same person is involved.
Undertaking & Prayer – request that government agencies recognise the correct data for passport issuance.
Jurat – executed before notary (or Philippine consul).
Draft Language (Illustrative)
“4. That the difference in my name, i.e., JUAN DELA CRUZ in my PSA Birth Certificate and JUAN D. CRUZ in my Driver’s License, is due solely to the use of my middle initial in the latter and refers to one and the same person—myself, the affiant herein.”
6. Documentary Requirements Accompanying the AoD
| Requirement | Purpose |
|---|---|
| Original & 1 photocopy of the notarised AoD | Proof of explanation |
| Primary document (PSA Birth Certificate or Report of Birth) | Establish citizenship & identity |
| All IDs or documents cited | Substantiation |
| Supporting public record showing correct data | E.g., school Form 137, baptismal record, PRC license |
| Proof of ongoing correction (if RA 9048/10172 petition filed) | Shows diligence and good faith |
The DFA may, at its discretion, require further validation or refer the matter to its Legal Division.
7. Step-by-Step Preparation and Filing
- Gather all records where discrepancies appear.
- Draft the affidavit (preferred: lawyer‐prepared to ensure precision).
- Present two CEIs (valid gov’t ID, PSA BC) to the notary.
- Notarise – pay the notarial fee (₱150–₱300 typical).
- Photocopy the notarised AoD and supporting documents.
- Set a DFA appointment (online) and indicate “Discrepancy” under “Special Circumstances.”
- Submit originals at the passport counter; the processor forwards the packet to the Legal Evaluation Unit if needed.
- Pay passport fee (₱950 regular / ₱1,200 expedited); legal evaluation incurs no extra fee.
- Track application; if Legal Division requires clarification, an email/phone notice is sent.
- Release of passport (normal timeline plus any legal evaluation days, typically 7–15 working days).
8. Interaction with Civil Registry Correction Laws
| Correction Track | Key Points vis-à-vis DFA |
|---|---|
| R.A. 9048 / 10172 (administrative) | Ideal for simple spelling, birth date or sex errors; AoD may be accepted as interim measure if petition is filed but not yet approved. |
| Judicial petition (Rule 108) | Needed for substantial changes, e.g., legitimation, adoption, nationality; DFA expects the final court order—AoD alone is insufficient. |
| No correction pursued | AoD is a stop-gap; DFA still reminds applicant to pursue proper correction for future transactions. |
9. Evidentiary Weight and Limitations
- An AoD is a self-serving document; its probative value depends on corroboration by public records.
- It does not amend the PSA record; it merely persuades the DFA that the discrepancy is harmless for passport purposes.
- Other agencies (GSIS, SSS, PhilHealth, COMELEC) may refuse to accept the AoD and instead insist on actual civil-registry correction.
- Misrepresentation exposes affiant to perjury (Art. 183 RPC) and passport fraud (Sec. 24 RA 8239).
10. Costs and Processing Time
| Item | Typical Cost (Metro Manila) | Notes |
|---|---|---|
| Notarial fee | ₱150-₱300 | Consular notarization abroad ≈ US$25 |
| Photocopying | ₱2-₱3 per page | — |
| Passport fee | ₱950 (regular) / ₱1,200 (expedite) | Add courier fee if door-to-door |
| Legal evaluation | ₱0 | Built-in |
| Additional affidavit (parental consent, SPA) | ₱150-₱400 | Where applicable |
Processing: standard passport lead time + 0–5 working days for Legal review, depending on complexity.
11. Practical Tips
- Use consistent signatures across all documents.
- Attach certified true copies rather than plain photocopies where possible.
- File civil-registry correction early; the AoD is a patch, not a cure.
- Bring extra IDs on release day; the DFA sometimes re-validates identity before passport claim.
- Keep a digital duplicate of the notarised AoD for future use (banking, PRC renewal, etc.).
12. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Will the AoD be stapled into my passport? | No. It remains in the DFA file. |
| Can I reuse the same AoD for other agencies? | Yes, but acceptance varies; some may require a new one or a specific template. |
| How long is it valid? | Indefinite, unless facts change; however, many institutions prefer an affidavit dated within the last six months. |
| What if the DFA denies my application despite the AoD? | Submit additional documentary proof or pursue the formal civil-registry correction and re-apply. |
13. Sample Template (Text-Only)
REPUBLIC OF THE PHILIPPINES )
CITY / MUNICIPALITY OF ____ ) S.S.
AFFIDAVIT OF DISCREPANCY
I, JUAN DELA CRUZ, of legal age, Filipino, single, and a resident of
No. 123 Rizal Street, Barangay Mabini, Pasig City, under oath depose and say:
1. That I am the same person referred to as “JUAN DELA CRUZ” in my
Certificate of Live Birth issued by the Philippine Statistics Authority
(Registry No. 1995-12345) and as “JUAN D. CRUZ” in my Driver’s License
No. N12-34-567890.
2. That the discrepancy consists solely in the use of my middle initial
“D.” in the latter document; said initial stands for my mother’s maiden
surname, “DELA FUENTE.”
3. That the foregoing variance is clerical in nature and was inadvertently
committed at the time of data encoding.
4. That I execute this affidavit to attest to the truth of the foregoing
facts and to request the Department of Foreign Affairs and all
concerned agencies to recognise that “JUAN DELA CRUZ” and “JUAN D. CRUZ”
refer to one and the same person—myself.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
__________ 2025 in Pasig City, Philippines.
(sgd.) ______________________
JUAN DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of __________ 2025 at
Pasig City; affiant exhibited to me his Driver’s License No. N12-34-567890
valid until 30 June 2030.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2025.14. Conclusion
An Affidavit of Discrepancy is a practical, inexpensive tool that helps passport applicants bridge minor inconsistencies in their personal data. While it facilitates DFA processing, it does not replace the proper correction of civil-registry records. Legal practitioners should guide clients toward both the affidavit and, where feasible, the formal remedies under R.A. 9048 or judicial Rule 108 to ensure long-term documentary integrity.
This article is for informational purposes only and is not a substitute for personalised legal advice. For complex or doubtful situations, consult a Philippine lawyer or the DFA Legal Division.