Affidavit of Identity in the Philippines
Focus: Validity Period—how long it is “good for”
Key takeaway: Under Philippine law an Affidavit of Identity does not legally expire, but in practice the government office, bank, or private institution that receives it usually imposes its own “freshness” requirement—most often three (3) to six (6) months from the date of notarisation, occasionally up to one (1) year. Knowing which rule applies depends entirely on the office that will accept the affidavit.
1. What an Affidavit of Identity is
| Element | Description |
|---|---|
| Nature | A written, sworn declaration in which a person (“affiant”) attests to his or her identity and, if relevant, explains why no primary government-issued ID is available. |
| Governing rules | • Civil Code (Arts. 1280–1281 on solemn documents) • Revised 2004 Rules on Notarial Practice (as amended by A.M. No. 02-8-13-SC) • Rules of Court, Rule 132 §4 on affidavits |
| Purpose | Commonly required by: ▪︎ DFA – when the applicant lacks acceptable IDs for passport application/renewal ▪︎ PSA – late or court-ordered birth registration corrections ▪︎ Banks & money-service businesses – KYC remediation ▪︎ PhilHealth, SSS, GSIS – enrolment issues ▪︎ Law enforcement – blotter or criminal complaints when the complainant lacks ID |
2. How it is executed
Drafting. The affiant states:
- Full name, date and place of birth, civil status, address.
- Explanation of the circumstances (e.g., lost ID, newly naturalised, etc.).
- Positive identification by two disinterested witnesses or presentation of secondary IDs.
Oath-taking. Before a duly commissioned notary public.
Notarial certificate. Must indicate:
- Notary’s name, roll number, PTR, IBP, MCLE compliance, expiry of commission, city/province of commission.
- Documentary stamp tax (₱30) if the affidavit will be used in evidence or submitted to a public office.
Issuance of copies. One original (“owner’s copy”) and at least one notarised copy to be submitted.
3. Legal concept of “validity”
| Aspect | Explanation |
|---|---|
| Intrinsic validity | Because an affidavit is a sworn statement, it remains valid as evidence until contradicted, retracted, or superseded. Philippine statutes do not set an expiry date. |
| Notarial act | A notarial act is valid as long as the notary’s commission was active on the day of signing. The notary’s commission itself lasts 2 years (Rule XI, Notarial Rules). |
| Staleness doctrine (practice) | Administrative agencies customarily refuse “old” affidavits. This is a matter of policy, not law—designed to ensure the facts are still current. |
4. Common agency-specific “freshness” rules
| Office / Use-case | Typical acceptance window* | Basis |
|---|---|---|
| DFA (passport) | 3 months | Memorandum Circular 2023-02 on supporting documents |
| PSA (late registration, CRS analytics) | 6 months | PSA CRS Advisory 2022-06 |
| BSP-supervised banks | ≤6 months | BSP Circular 706 (AML/KYC) + bank manuals |
| PhilSys (National ID issues) | 1 year | PSA PhilSys Ops Manual v.3 |
| Local Civil Registry (corrections) | Case-by-case (ask LCR) | Local ordinance/LCR checklist |
| Courts (supporting motion) | Recency goes to weight, not admissibility | Rule 132 §6 |
*Always verify the latest internal circular; policies change without public notice.
5. What happens when the period lapses?
- Document is not “invalid”—it is simply rejected for filing.
- Solution: Re-execute the affidavit with an updated date (and new documentary stamp).
- Tip: Keep the old copy in case evidence of earlier execution becomes relevant (e.g., proving continuous effort to secure an ID).
6. Renewing or re-executing
- Prepare an updated draft (mirror the earlier affidavit but include any new facts).
- Bring original and photocopies of secondary IDs/witness IDs.
- Re-notarise.
- Attach the new affidavit to your application; staple or clip the superseded version behind it if the receiving office asks for history.
7. Practical pointers & best practice
| Pointer | Why it matters |
|---|---|
| Ask first | Phone or email the receiving office; policies vary by branch. |
| Use reputable notaries | Some agencies maintain blacklists of “notary mills”; a dubious seal can trigger outright rejection. |
| Avoid future-dating | Illegal and may constitute falsification (Art. 171, RPC). |
| Secure multiple originals | Each new filing usually requires the wet-ink original. |
| Track DST | Proof of stamp purchase is occasionally audited. |
| Store a digital scan | For personal reference; scanned copies are not substitutes for original notarised versions. |
8. Jurisprudence & doctrinal notes
- People v. Dazon, G.R. No. 188773 (13 Feb 2013) – Affidavits are mere hearsay unless the affiant takes the witness stand; however, notarisation endows the document with public instrument status, making it admissible for authentication of identity.
- U.S. v. Briones (1905) and Republic v. Santos (2012) confirm that an affidavit’s evidentiary weight depends on contemporaneity; an old affidavit about identity may be given little or no weight if circumstances have materially changed.
- Rule on Exhibits – Courts routinely accept notarised affidavits signed years earlier so long as relevance is shown; staleness affects credibility, not admissibility.
9. Frequently asked questions
| Question | Short answer |
|---|---|
| Can I reuse one affidavit for multiple agencies? | Yes, if within each agency’s “freshness” window and the facts remain accurate. |
| Is a notarised photocopy enough? | Typically no; agencies insist on “original signed and notarised”. |
| Does the affiant need personal appearance every time? | Only when executing or re-executing; copies can be submitted by representatives with SPA (special power of attorney). |
| What if the notary’s commission later expires or is revoked? | The notarisation remains valid because the commission was active on the date of notarisation. |
10. Bottom-line guidance
- There is no statutory expiry date.
- Expect a 3- to 6-month acceptance window (verify with each office).
- When in doubt, re-execute. The cost is minimal compared with the delay of rejection.
- Keep dated copies and receipts to show good-faith compliance.
- Consult counsel when the affidavit will be used in contentious or high-value transactions.
This article is for informational purposes only and is not a substitute for independent legal advice. For case-specific concerns, consult a Philippine lawyer or the receiving agency’s legal unit.