An Affidavit of Discrepancy (often called “Affidavit of One and the Same Person” or simply “AOD”) is a sworn, notarized statement in which an individual explains why two or more official records show different versions of the same personal detail—most commonly a name, date of birth, sex marker, family status or other identifying data—and affirms that the variations all refer to one and the same person. (Respicio & Co.)
1 Why discrepancies matter
Government agencies, banks, insurers and courts in the Philippines rely heavily on strict name-matching. Any mismatch can delay or even bar transactions such as:
- passport or PH ID issuance (DFA/PhilSys)
- SSS, GSIS, Pag-IBIG or PhilHealth benefit claims
- civil-registry corrections under Republic Act (RA) 9048 or RA 10172
- land registration or bank loan processing
Because many of these bodies will not correct their own records without proof, the AOD is routinely accepted as the affiant’s formal explanation and is attached to the application dossier.
2 Governing law & rules
Source | Key point |
---|---|
Civil Code arts. 376 & 412 | No entry in the civil register may be changed without a judicial order, unless a special law says otherwise. |
RA 9048 (2001) – “Clerical-Error Law” | Allows city/municipal civil registrars (LCRO) or Philippine consuls to correct purely clerical/typographical errors or change a first name administratively; requires supporting documents such as an AOD. (Philippine Statistics Authority) |
RA 10172 (2012) | Extends RA 9048 to corrections in day/month of birth or sex entries that are obviously clerical. (Philippine Statistics Authority) |
2004 Rules on Notarial Practice | Sets the formalities: personal appearance, competent evidence of identity, and proper register entries. (Lawphil) |
Rules on Evidence, Rule 130 | A duly notarized affidavit is an admission against interest but, being self-serving, usually needs corroboration. |
Selected jurisprudence | The Court has treated “Affidavit of One and the Same Person” as acceptable corroborative proof of identity—e.g., Republic v. Lowella/Nelie Yap, G.R. 222259 (12 Oct 2022). (Lawphil) |
3 Typical situations that call for an AOD
- Name variants – “Juan Dela Cruz” vs. “Juan D. Cruz.”
- Nicknames vs. legal names – “Bong” on school records, “Ferdinand R.” on birth certificate.
- Transposed or misspelled dates of birth.
- Marriage-related surname changes appearing inconsistently across IDs.
- Gender marker error later corrected under RA 10172 while older IDs still show the wrong sex.
4 Minimum contents of the affidavit
Caption (“Republic of the Philippines, City of _____”)
Affiant’s personal details (name, citizenship, residence, ID).
Narration of facts:
- Identify each document and the data as it appears there.
- State the correct data and affirm that all variants refer to the same person.
Purpose clause (“to attest to the truth hereof and for whatever legal purpose”).
List of supporting exhibits (photocopies to be stamped “Annex A,” “Annex B,” etc.).
Signature above printed name.
Notarial acknowledgment or jurat.
Sample template
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ________ ) S.S.
AFFIDAVIT OF DISCREPANCY
I, JUAN DELA CRUZ, Filipino, of legal age, single and residing at 123 Mabini St.,
Quezon City, after being sworn, depose:
1. That my Certificate of Live Birth (PSA-issued, Annex “A”) records my first name as
“JUAN,” while my PhilHealth ID (Annex “B”) records “JOHN”;
2. That both names pertain to ONE AND THE SAME PERSON—myself—as further
shown by my Barangay Certificate (Annex “C”) and school records (Annex “D”);
3. That I customarily and continuously use the name “JUAN DELA CRUZ,” and I
undertake to use said name in all future transactions;
4. That I execute this Affidavit to explain the foregoing discrepancy and to support my
application for a Philippine passport.
IN WITNESS WHEREOF, I sign this ___ day of ______ 2025 in Quezon City.
(sgd.) _________________________
JUAN DELA CRUZ
SUBSCRIBED AND SWORN before me this ___ day of ______ 2025, affiant exhibiting
Passport No. P1234567A issued 02 Jan 2023.
Doc. No. ____; Page No. ____; Book No. ____; Series of 2025.
5 Supporting documents you may attach
Type | Examples | Why needed |
---|---|---|
Government ID(s) | Passport, driver’s licence, national ID | Confirms current identity |
Civil-registry copy | PSA birth/marriage certificate | Shows official entry to be reconciled |
School or employment records | Transcript, service record | Secondary evidence under RA 9048 |
Barangay/NBI/Police clearances | Additional corroboration |
RA 9048 & 10172 require at least two public or private documents showing the correct entry for a civil-registry petition. (Philippine Statistics Authority)
6 Execution, notarization & fees
Where signed | Fee (2025) | Notes |
---|---|---|
Local notary public | ₱100 – ₱500 (market rate; no legal cap) | Bring two government IDs. |
PH Consulate/Embassy abroad | US $25 per affidavit (Philippine Consulate General) | Personal appearance and online appointment usually required. |
TIP: AODs do not expire, but many agencies ask that they be executed within the last 3–6 months.
7 Using the AOD in a civil-registry correction
- Draft AOD + gather exhibits (min. two).
- File Petition (Form CCE or CFN) with LCRO or consulate, attaching the AOD.
- Pay fees – ₱500 (clerical error) / ₱1,000 (change of first name) / ₱3,000 (birth-date or sex) plus ₱500 migrant fee if filed outside place of registration; US $50 if filed abroad. (Philippine Statistics Authority, Philippine Consulate General)
- Posting period – 10 calendar days on the LCRO bulletin.
- Decision & annotation – Registrar/Consul issues annotated PSA copy in ±3 months.
8 Evidentiary value & jurisprudence
- Self-serving but admissible: Being an admission, an AOD is acceptable prima-facie proof, especially when coupled with independent documentary exhibits.
- Supreme Court recognition: In Republic v. Lowella/Nelie Yap (2022) the Court accepted an AOD, together with public documents, to prove that the two names referred to one individual. (Lawphil)
- Notarial defects: Several disciplinary cases (e.g., A.C. 8574, 2017) show that an improperly notarized affidavit can be stricken—and the transaction it supports rejected. (Lawphil)
9 Common pitfalls & how to avoid them
- Incomplete facts – State both the erroneous and correct entries.
- No supporting exhibits – At least two independent documents are safest.
- Unsigned/undated annexes – Certify true copies if possible.
- Expired IDs at notarization – Present valid, current IDs to the notary.
- Substantive changes – If you actually want to change a surname, legitimacy or nationality, you need a Rule 103/108 court petition, not an AOD.
10 Frequently asked questions
Question | Short answer |
---|---|
Is an AOD enough to change my birth-certificate entry? | No. It only explains; to correct the civil-registry record you must file a petition under RA 9048/10172 or a judicial action. |
How long does notarization take? | 10 – 20 minutes if your draft and IDs are ready. Consulates require an online appointment. |
Can I reuse one affidavit for different agencies? | Yes, make certified photocopies, unless the agency insists on an original with fresh date. |
Will the AOD cure passport mismatches? | The DFA usually accepts it when combined with PSA documents, but reserves discretion to require more proof. |
11 Key take-aways
- The Affidavit of Discrepancy is a low-cost, quick remedy to bridge gaps between conflicting records.
- It is not by itself a mechanism to alter civil-registry entries; instead, it supports administrative (RA 9048/10172) or judicial petitions.
- Draft carefully, attach solid evidence, and ensure strict compliance with the 2004 Notarial Rules to give your affidavit maximum probative weight.
This material is for general information only and is not a substitute for personalised legal advice. When in doubt, consult a Philippine lawyer or your local civil registrar.