Affidavit of Discrepancy for Philippine Visa Applications: Requirements and Sample Format

Introduction

In the realm of Philippine immigration and consular processes, accuracy and consistency in personal documentation are paramount. Discrepancies in records—such as variations in spelling of names, dates of birth, or other identifying information—can arise due to clerical errors, cultural naming conventions, or historical record-keeping practices. To address these issues without invalidating an application, the Affidavit of Discrepancy serves as a crucial legal instrument. This affidavit is a sworn statement that explains and attests to the authenticity of conflicting information across documents, thereby facilitating smoother processing of visa applications.

Primarily used in the context of Philippine visa applications, this document is relevant both for foreign nationals applying for visas to enter the Philippines and for Filipino citizens seeking visas from foreign embassies or consulates within the country. It aligns with the principles of Philippine civil law, emphasizing the importance of affidavits as admissible evidence under the Rules of Court and relevant administrative guidelines from agencies like the Department of Foreign Affairs (DFA) and the Bureau of Immigration (BI). The affidavit helps prevent delays, rejections, or suspicions of fraud by providing a formal clarification.

Legal Basis and Purpose

The use of affidavits in Philippine legal practice is rooted in Republic Act No. 386 (Civil Code of the Philippines), which recognizes sworn statements as valid means to affirm facts. More specifically, for visa-related matters, the affidavit draws from Executive Order No. 292 (Administrative Code of 1987) and guidelines issued by the DFA and BI. It is not a standalone law but a procedural tool endorsed by these bodies to resolve inconsistencies.

The primary purpose of an Affidavit of Discrepancy is to:

Affirm that the discrepant information pertains to the same individual.
Explain the origin of the discrepancy (e.g., typographical error in a birth certificate or use of a nickname in school records).
Prevent the need for costly and time-consuming court petitions for correction under Republic Act No. 9048 (Clerical Error Law) or Republic Act No. 10172 (amending the former for substantial changes).
Support visa applications by demonstrating good faith and transparency, which is essential under international visa protocols that require verifiable identity.

In Philippine visa applications, discrepancies often surface during document verification stages. For instance, a foreign applicant might have varying name spellings between a passport and a marriage certificate, or a Filipino applicant for a Schengen visa might encounter mismatches in DFA-issued documents. Without this affidavit, applications may be flagged for further scrutiny, leading to extended processing times or outright denials.

When Is an Affidavit of Discrepancy Required?

An Affidavit of Discrepancy is typically required in the following scenarios related to Philippine visa applications:

Name Variations: Common in Filipino naming conventions, such as the use of maternal surnames, nicknames (e.g., "Jun" vs. "Junior"), or inverted first and last names in international documents.
Date Discrepancies: Mismatches in birth dates, marriage dates, or other milestones due to errors in civil registry entries.
Place of Birth or Other Details: Inconsistencies in addresses, parental names, or civil status that could raise doubts about identity.
For Foreign Visa Applications by Filipinos: When submitting documents to foreign embassies in Manila (e.g., US, UK, or Australian visas), where Philippine-issued certificates must align with passport details.
For Philippine Visa Applications by Foreigners: During BI processing for tourist, work, or immigrant visas, especially if foreign documents conflict with Philippine entry records.
Special Cases: In dual citizenship applications under Republic Act No. 9225 or in petitions for visa extensions where historical records show variances.

It is not always mandatory but is often requested by consular officers if discrepancies are detected during initial reviews. Applicants should check specific visa guidelines on the DFA website or the relevant embassy's portal, as requirements can vary by visa type (e.g., non-immigrant vs. immigrant).

Requirements for Preparing an Affidavit of Discrepancy

To draft and execute an Affidavit of Discrepancy, the following elements are essential:

Personal Information: Full name, address, age, civil status, and other identifiers of the affiant (the person making the statement).
Detailed Explanation: A clear narrative describing the discrepancy, including references to the specific documents involved (e.g., "Birth Certificate No. XXX shows name as 'Maria Dela Cruz' while Passport No. YYY lists 'Maria Delacruz' due to a typographical error").
Supporting Documents: Copies of the discrepant documents must be attached as annexes.
Sworn Oath: The affidavit must include a jurat (notarial certification) affirming that the statements are true and made under penalty of perjury.
Notarization: Must be notarized by a licensed notary public in the Philippines. For overseas Filipinos, it can be authenticated by a Philippine consulate under the Apostille Convention if needed for international use.
Fees: Notarial fees typically range from PHP 100 to PHP 500, depending on the notary and location. Additional costs may apply for consular authentication (around PHP 1,000–2,000).
Language: Written in English or Filipino, with translations if submitted to non-English speaking embassies.
Format Specifications: Typed on legal-sized paper (8.5 x 13 inches), single-spaced, with 1-inch margins. Use formal language, avoiding contractions or colloquialisms.

The affiant must be of legal age (18 years or older) and competent to make the statement. If the discrepancy involves a minor, a parent or guardian may execute it on their behalf.

Step-by-Step Guide to Creating and Submitting the Affidavit

Gather Documents: Collect all relevant records showing the discrepancy.
Draft the Affidavit: Use a template (see sample below) and customize with accurate details.
Review for Accuracy: Ensure no errors in the explanation to avoid further complications.
Notarize: Visit a notary public with valid ID (e.g., passport, driver's license). The notary will witness the signing and affix their seal.
Authenticate if Necessary: For use in foreign visa applications, have it authenticated by the DFA (red ribbon) or apostilled for Hague Convention countries.
Submit with Visa Application: Include the original affidavit and copies in the visa packet, referencing it in the application form where discrepancies are noted.
Retain Copies: Keep personal copies for records, as follow-up queries may arise.

Processing time for notarization is immediate, but DFA authentication can take 3–5 working days.

Sample Format

Below is a standard sample format for an Affidavit of Discrepancy. This is a template and should be adapted to the specific case.

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

AFFIDAVIT OF DISCREPANCY

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

I am the same person referred to in the following documents:
a. [Document 1, e.g., Birth Certificate issued by the Philippine Statistics Authority on [Date], bearing Registry No. [Number], with the name [Name as Appearing]];
b. [Document 2, e.g., Philippine Passport No. [Number] issued by the Department of Foreign Affairs on [Date], with the name [Name as Appearing]].
The discrepancy in [specify, e.g., the spelling of my surname] between the aforementioned documents is due to [explain reason, e.g., a clerical error during the registration of my birth certificate, where 'Dela Cruz' was inadvertently written as 'Delacruz' without the space].
Despite the said discrepancy, both documents pertain to one and the same person, which is myself.
I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing facts and for the purpose of [specify, e.g., supporting my application for a [Country] visa], and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Day] day of [Month], [Year] at [City/Municipality], Philippines.

[Signature of Affiant]
[Full Name of Affiant]
Affiant

SUBSCRIBED AND SWORN to before me this [Day] day of [Month], [Year] at [City/Municipality], Philippines, affiant exhibiting to me his/her [Valid ID, e.g., Passport No. [Number]] issued on [Date] at [Place].

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

Common Discrepancies and Best Practices

Common issues include:

Surname variations due to Spanish colonial influences (e.g., "De La Cruz" vs. "Delacruz").
Date formats (MM/DD/YYYY vs. DD/MM/YYYY).
Middle name omissions in international documents.

Best practices:

Consult a lawyer if the discrepancy is substantial, as an affidavit may not suffice for court-mandated corrections.
Use PSA-certified documents as primaries to minimize issues.
File early to account for processing delays.
Avoid fabricating explanations, as false statements constitute perjury under Article 183 of the Revised Penal Code, punishable by arresto mayor to prision correccional.

Consequences of Not Providing the Affidavit

Failure to submit an Affidavit of Discrepancy when required can result in:

Visa application denial or deferral.
Additional fees for resubmission.
Potential blacklisting or fraud investigations by the BI or foreign embassies.
Delays in travel plans, affecting employment, education, or family reunions.

In severe cases, unresolved discrepancies may necessitate judicial intervention, escalating costs and time.

Conclusion

The Affidavit of Discrepancy is an indispensable tool in navigating the complexities of Philippine visa applications, ensuring that minor inconsistencies do not derail legitimate processes. By adhering to the outlined requirements and using the sample format as a guide, applicants can enhance their chances of approval while upholding the integrity of their documentation. For personalized advice, consulting with legal professionals or relevant government agencies is recommended.