1) What an “Affidavit of Discrepancy” Is

An Affidavit of Discrepancy is a sworn written statement executed by a person who has a legal interest in a record (or by an authorized representative) declaring that two or more documents refer to the same person, transaction, or subject matter despite inconsistent details. It is typically used to explain, reconcile, and authenticate differences in information appearing across public or private records so that an agency, school, employer, bank, or other institution can proceed with a request or release a benefit.

It is not a “one-size-fits-all” government form. In practice, it is a customized affidavit prepared for the specific inconsistency, attached to the documents involved, and notarized.

Common types of discrepancies

Name-related: misspellings; missing middle name; interchanged first/last names; hyphenation; spacing (e.g., “Dela Cruz” vs “Delacruz”); suffixes (Jr., III) omitted; use of nickname; inconsistencies in maternal surname.
Birth details: wrong date (day/month/year); wrong place of birth; inconsistent sex marker (rare, but encountered).
Civil status/family details: inconsistent marital status; variations in spouse’s name; inconsistent parents’ names.
Record identifiers: wrong document number, account number, reference number, or series number.
Addresses: previous vs current address; abbreviations; barangay/municipality differences due to boundary changes or encoding.
Data-entry issues: typographical errors in digits or letters; misread handwriting; encoding differences between manual and digital records.

An affidavit’s function is to explain the mismatch—not to “change” the official record by itself. Whether the mismatch can remain explained by affidavit or must be corrected through a formal process depends on the type of record and severity of the error.

2) Why Institutions Ask for It

Institutions generally require consistent identity information to prevent:

Fraud, identity confusion, and duplicate records
Invalid issuance of benefits, passports, licenses, titles, or claims
Errors in payroll, taxation, insurance, or benefits
Delays in court or administrative processing

Where discrepancies are minor or clerical, institutions often accept an affidavit as a risk-control measure. Where discrepancies affect legal status or identity in a material way, they may require a correction of entry through the issuing authority or a court/administrative proceeding.

3) When You Need an Affidavit of Discrepancy

A. For civil registry documents and identity records

You may be asked for it when documents do not match, such as:

PSA Birth Certificate vs school records (Form 137/138), baptismal certificate, or valid IDs
PSA Marriage Certificate vs spouse’s IDs or prior documents
Death certificate vs other records in estate matters

Typical uses

Enrolment and graduation requirements
Employment onboarding and government benefits registration
Passport/visa support documents (when the primary record is correct but supporting records differ)
Bank KYC compliance and account updating

B. For education and employment

Common scenarios:

Wrong spelling of name on diploma, transcript, or school permanent record
Inconsistent birthdate across school and civil registry documents
Different name formats across NBI, police clearance, employer records, SSS/PhilHealth/Pag-IBIG

C. For banking, insurance, and benefits

Banks and insurers may request it for:

Claimant’s name inconsistencies across IDs and policy documents
Beneficiary name differences
Birthdate mismatches affecting underwriting/eligibility

D. For property, estate, and court matters

It may be used to support:

Estate settlement where the deceased’s name varies across documents (e.g., title, tax declaration, IDs)
Claims, annotations, and releases where an identity mismatch could delay processing

Important: In higher-stakes matters (property/estate/court filings), institutions often require stronger supporting evidence beyond an affidavit—sometimes additional affidavits from disinterested persons, certified true copies, or formal corrections.

4) When an Affidavit Is Not Enough

An affidavit explains; it does not automatically amend official records.

You will likely need formal correction rather than (or in addition to) an affidavit when:

The PSA civil registry entry itself is materially wrong and must be corrected to match reality (e.g., wrong sex, wrong legitimacy status, substantial name change, major birthdate error that affects identity).
The discrepancy involves identity confusion (possible “two persons” scenario).
The institution’s policy requires the source record to be corrected (e.g., some agencies require the civil registry entry to be fixed before they will update their database).
The mismatch could create legal consequences (inheritance, land ownership, citizenship, marital status).

In civil registry matters, the proper remedy may be administrative correction (for clerical errors) or judicial/administrative proceedings depending on the nature of the entry. The affidavit may still be part of the evidence, but it is not the substitute for the required correction process.

5) Who Can Execute the Affidavit

Generally, the affiant should be the person directly concerned:

The document owner (the person whose name/birthdate is inconsistent)
A parent/guardian (for a minor)
A spouse, child, or heir (for a deceased person’s records), particularly in estate matters
An attorney-in-fact (with a Special Power of Attorney) if the person cannot personally execute it

Some institutions may require:

A second affidavit from a disinterested person (e.g., employer, teacher, neighbor) attesting that the documents refer to the same person, especially where the discrepancy is substantial.
Presentation of original documents for comparison.

6) Where to Obtain an Affidavit of Discrepancy

A. From a private lawyer or law office

This is the most common route for tailored affidavits. A lawyer can:

Determine whether an affidavit is sufficient or a formal correction is needed
Ensure the affidavit is consistent with the evidence and avoids admissions that create complications
Align the wording with the receiving agency’s requirements

B. From a notary public (notarial services)

Many notaries provide drafting services or templates, especially for routine discrepancies, then notarize the final affidavit. This can be cost-effective but depends on the complexity. For high-stakes matters (estate/property), a lawyer-drafted affidavit is generally safer.

C. Legal aid clinics / Public Attorney’s Office (PAO) (where applicable)

For qualified individuals, legal aid offices may assist with affidavit drafting and notarization, subject to eligibility and office policies.

D. Institutional templates

Some schools, employers, or agencies provide a standard affidavit format they prefer. Even then, the document still needs to be properly notarized unless the institution explicitly allows an unsworn declaration (rare in private processing; more common in limited internal HR contexts).

7) Notarization and the “Sworn” Requirement

An affidavit is a sworn statement. In Philippine practice, it is typically notarized as a jurat (the notary certifies the affiant personally appeared, was identified, and swore to the truth of the contents).

Key practical points:

The affiant must personally appear before the notary.
The affiant must present competent proof of identity (usually at least one current government-issued ID with photo and signature; some notaries require two IDs).
The notary will record the act in a notarial register and affix a seal.

If the affiant is abroad, the affidavit is typically executed before:

A Philippine consular officer (consular notarization), or
A foreign notary with authentication/apostille requirements depending on the receiving institution’s rules.

8) What to Prepare Before Drafting

Have clear copies (and ideally originals for comparison) of:

The document with the “correct” information (or what you claim is correct)
The document(s) with the discrepancy
Supporting IDs and records that consistently show the correct data

Useful supporting documents can include:

Government IDs (passport, driver’s license, UMID/SSS ID if available, postal ID, etc.)
PSA certificates (birth, marriage, death)
School records (Form 137/138, transcript)
Baptismal certificate (supporting, not primary, but sometimes persuasive)
Employment records, payslips, company ID (supporting)
Medical records (supporting)
Barangay certificate of identity (supporting; weight varies by institution)

Your affidavit will be stronger if it:

Identifies which entries differ
States which entry is correct
Explains why the discrepancy exists (typographical error, encoding, long-standing use of a name format)
Attaches the relevant documents as annexes

9) Essential Contents of an Affidavit of Discrepancy

A well-prepared affidavit typically includes:

A. Caption and title

“AFFIDAVIT OF DISCREPANCY”

B. Personal circumstances of the affiant

Full name (as per the primary/most authoritative record)
Citizenship
Age
Civil status
Address

C. Statement of purpose

A direct declaration that the affidavit is executed to explain discrepancies between specified documents.

D. Identification of documents and the discrepancy

Document titles, issuing entities, and identifying numbers where available
The exact inconsistent entries (quote the entries precisely)
A clear statement that the documents refer to the same person/transaction

E. Assertion of the correct entry

State what is correct and why (based on the most authoritative document and consistent evidence)
Avoid vague phrasing—precision helps

F. Explanation of the cause (if known)

Typographical/clerical error
Encoding issue
Use of maiden name/married name formats
Cultural naming practices (e.g., “Ma.” abbreviation, “del/dela/de la” spacing)

G. Undertaking and good-faith declaration

Declaration that the affidavit is made in good faith
Request that the receiving office accept the affidavit to reconcile the mismatch

H. Attachments (annexes)

Mark as Annex “A”, “B”, “C”, etc.
Refer to them within the affidavit

I. Signature and jurat

Signed by affiant
Notary’s jurat, seal, and details

10) Common Drafting Pitfalls (and How to Avoid Them)

Overreaching claims
- Don’t claim you have “changed” an official record by affidavit. You are explaining, not amending.
Ambiguity
- Specify each discrepancy with exact words/numbers as they appear on the documents.
Inconsistent “correct” name
- Choose a consistent “primary name format” supported by the strongest record (often PSA birth certificate for identity), unless a later lawful change exists.
Missing annex references
- If you attach documents, refer to them clearly in the body.
Wrong affiant
- The person directly affected should execute it whenever possible. If executed by a representative, attach authority (SPA) or explain relationship and circumstances.
Notarial defects
- No personal appearance, expired IDs, or improper identification can cause rejection.

11) Practical Examples of Discrepancies That Often Get Accepted With an Affidavit

While acceptance depends on the receiving office, these are commonly resolved by affidavit plus supporting records:

One-letter misspelling in first name or surname across IDs
Missing middle name in one record but present in another
“Ma.” vs “Maria,” or abbreviated second given name
“Dela Cruz” vs “De la Cruz” formatting differences
Birthplace differences that are clearly administrative (e.g., hospital name vs city/municipality) when the civil registry entry is consistent and the other record is not
Day-month transposition (only where there is overwhelming supporting evidence and the institution’s policy allows affidavit resolution)

Where the discrepancy affects eligibility or legal identity, institutions may still require formal correction.

12) Special Situations

A. Married women’s name formats

Different institutions apply different conventions (maiden middle name vs mother’s maiden surname as middle name; surname changes; continued use of maiden name). An affidavit can clarify the naming history and link records, but some agencies require updates to their databases supported by the marriage certificate and IDs.

B. Deceased persons and estate matters

Discrepancies in the deceased’s name across the death certificate, title, tax declaration, and IDs are common. An affidavit from heirs is often used, sometimes alongside:

Affidavit of One and the Same Person
Affidavit of Heirship (in informal contexts; acceptance varies)
Extrajudicial settlement documents, where applicable

Because property and estate matters are high-stakes, expect stricter documentary requirements.

C. Dual records / “two identities” red flags

If the discrepancy suggests the possibility of two different persons (e.g., different parents’ names plus different birthdate), an affidavit alone may not be accepted. Formal correction or a more extensive evidentiary process may be necessary.

13) Relationship to Similar Affidavits

An Affidavit of Discrepancy overlaps with other affidavits, and institutions sometimes use these terms interchangeably:

Affidavit of One and the Same Person: focuses on asserting that two names refer to the same individual (often name-only issues).
Affidavit to Use the Surname of the Father / Illegitimacy-related affidavits: these involve specific family law/civil registry contexts and may require compliance with distinct rules and annotations.
Affidavit of Correction: sometimes used colloquially for explaining errors, but formal “correction” of civil registry entries has specific legal procedures beyond a simple affidavit.

Use the title that matches the receiving institution’s request, but ensure the body covers the needed facts.

14) How Receiving Offices Evaluate These Affidavits

Institutions typically weigh:

Materiality of the mismatch (minor typographical vs identity-changing)
Authority of the documents (civil registry and government IDs carry more weight)
Consistency of supporting records over time
Risk level of the transaction (benefits, property, travel, court matters)
Internal policy and audit requirements

Even a properly notarized affidavit can be rejected if it does not meet internal compliance rules. When possible, align the affidavit with the institution’s stated checklist and attach exactly what they require.

15) A Practical Checklist

Before you submit:

✅ Confirm which record the institution treats as “primary”
✅ List every discrepancy word-for-word as it appears
✅ Gather supporting documents showing the correct data
✅ Draft the affidavit with annex references
✅ Ensure proper notarization (personal appearance; valid IDs)
✅ Photocopy and keep a file of the notarized affidavit and annexes

16) Key Takeaways

An Affidavit of Discrepancy is a sworn explanation used to reconcile inconsistent information across documents.
It is commonly required for name, birthdate, and civil registry-related mismatches in transactions with schools, employers, banks, and agencies.
It is obtained through a lawyer, notary public, legal aid, or an institution’s template, but it must be properly notarized to function as an affidavit.
For material errors in official civil registry records or high-stakes identity issues, an affidavit may be insufficient and formal correction procedures may be required.