I. Overview
An Affidavit of Singleness is a sworn written statement where a person declares, under oath, that he or she is single, unmarried, and legally free to marry. In the Philippine context, it is commonly used in marriage-related transactions, immigration and visa applications, church requirements, employment records, school or scholarship applications, and other situations where a person must formally prove or declare civil status.
Although people often refer to it as a “certificate of singleness,” an affidavit is not the same as a government-issued civil registry document. It is a notarized declaration made by the person, while documents such as a Certificate of No Marriage Record, more commonly known as a CENOMAR, are issued by the Philippine Statistics Authority.
An Affidavit of Singleness is legally significant because it is made under oath. A person who lies in the affidavit may face legal consequences, including possible liability for perjury, falsification, misrepresentation, or administrative consequences depending on how and where the affidavit is used.
II. Meaning of an Affidavit of Singleness
An Affidavit of Singleness is a formal statement declaring that the affiant:
- is of legal age or otherwise legally competent to execute the affidavit;
- is single or unmarried;
- has not contracted a valid and subsisting marriage;
- is legally capacitated to marry;
- is executing the affidavit voluntarily;
- understands that the declaration is made under oath; and
- is using the affidavit for a specific lawful purpose.
The affidavit is usually signed before a notary public, who verifies the identity of the affiant and notarizes the document.
III. Legal Nature of the Document
An Affidavit of Singleness is a private document converted into a notarized public document once it is duly acknowledged before a notary public. Notarization gives the document a measure of evidentiary weight because it shows that the person personally appeared before the notary, presented competent proof of identity, and acknowledged that the affidavit was voluntarily executed.
However, notarization does not automatically prove that the statement is true. It proves the due execution of the document, not necessarily the actual truth of the facts declared. For this reason, government agencies, embassies, churches, and private institutions may still require supporting documents, especially a CENOMAR or PSA-issued civil registry records.
IV. Difference Between Affidavit of Singleness and CENOMAR
An Affidavit of Singleness is often confused with a CENOMAR. They are related but distinct.
A CENOMAR is an official certification issued by the Philippine Statistics Authority stating that, based on PSA records, a person has no recorded marriage. It is usually considered stronger proof of singleness because it comes from the civil registry database.
An Affidavit of Singleness, on the other hand, is a sworn personal declaration. It comes from the individual, not the government. It may be accepted as a supplementary document, but many offices will still require a CENOMAR.
In practical terms:
| Document | Issued By | Nature | Common Use |
|---|---|---|---|
| Affidavit of Singleness | Executed by the person and notarized by a notary public | Sworn declaration | Supplementary proof of civil status |
| CENOMAR | Philippine Statistics Authority | Official civil registry certification | Primary proof of no recorded marriage |
| Certificate of Legal Capacity to Contract Marriage | Usually foreign embassy or consulate for foreign nationals | Proof that a foreigner may marry under his or her national law | Marriage license applications involving foreigners |
V. Common Uses in the Philippines
An Affidavit of Singleness may be required for several purposes, including:
1. Marriage License Applications
Some local civil registrars may ask for an affidavit from an applicant who needs to declare single status, especially when there are irregularities, missing documents, or special circumstances. However, the standard marriage license requirements are governed by the Family Code and local civil registry practice.
2. Church Weddings
Churches may ask for an Affidavit of Singleness, especially if the person is marrying in a parish where he or she is not well known, has lived abroad, or cannot easily produce certain parish records.
3. Marriage Abroad
Filipinos marrying abroad may be asked to submit proof that they are single. Depending on the foreign country, an Affidavit of Singleness may be required together with a CENOMAR, birth certificate, passport, and embassy-authenticated or apostilled documents.
4. Immigration and Visa Applications
Immigration authorities, embassies, or consulates may ask for declarations of civil status, especially for fiancé(e) visas, spousal petitions, family reunification, or dependent visa applications.
5. Employment, School, or Scholarship Requirements
Some employers, schools, or scholarship programs may ask applicants to declare civil status. An affidavit may be used when a sworn statement is required.
6. Correction or Clarification of Records
An Affidavit of Singleness may be submitted when there is a discrepancy in records, such as when one document states “married” but the person claims to be single.
7. Property, Loan, or Insurance Transactions
Banks, insurers, or real estate offices may require a declaration of civil status because marriage affects property relations, consent requirements, beneficiary designations, and contractual obligations.
VI. Basic Requirements for an Affidavit of Singleness
The usual requirements are:
Personal appearance before a notary public The affiant must appear personally before the notary.
Valid government-issued identification The affiant must present competent evidence of identity, such as a passport, driver’s license, UMID, PhilSys ID, PRC ID, SSS ID, GSIS ID, voter’s ID, or other accepted identification.
Complete personal details The affidavit should state the affiant’s full name, age, citizenship, civil status, address, and sometimes date and place of birth.
Clear declaration of singleness The document must clearly state that the affiant is single, unmarried, and has not contracted any valid and existing marriage.
Purpose of execution The affidavit should indicate why it is being executed, such as for marriage, visa application, employment, school records, or other legal purpose.
Signature of the affiant The affiant must sign the affidavit voluntarily.
Notarial acknowledgment or jurat The notary public must complete the notarial portion, including details such as the notarial register entry, date, place, notary commission details, and identification presented.
Documentary stamp tax Notarized affidavits often require a documentary stamp, depending on notarial practice.
VII. Contents of an Affidavit of Singleness
A properly drafted affidavit generally contains the following parts:
1. Title
The document should be clearly titled:
Affidavit of Singleness
or
Affidavit of Single Status
2. Venue
The affidavit begins with the place where it is executed, usually written as:
Republic of the Philippines City/Municipality of ________ S.S.
3. Introductory Statement
The affiant identifies himself or herself and states legal capacity to execute the affidavit.
Example:
“I, Juan Dela Cruz, of legal age, Filipino, single, and residing at Quezon City, Philippines, after having been duly sworn in accordance with law, hereby depose and state that:”
4. Personal Circumstances
The affidavit should state:
- full legal name;
- age;
- citizenship;
- civil status;
- residence address;
- date and place of birth, if necessary;
- passport number or ID details, if required.
5. Declaration of Singleness
This is the core of the affidavit. It may state that the affiant:
- has never been married;
- has not contracted any marriage in the Philippines or abroad;
- has no legal impediment to marry;
- is not a party to any existing valid marriage;
- is legally capacitated to marry.
6. Statement of Purpose
The affidavit should specify the reason for execution.
Example:
“I am executing this affidavit to attest to my single status and for whatever legal purpose it may serve.”
For specific transactions, it may say:
“I am executing this affidavit for purposes of my application for a marriage license.”
or
“I am executing this affidavit for submission to the Embassy of ________.”
7. Attestation of Truth
The affiant should state that the contents are true and correct based on personal knowledge.
8. Signature
The affiant signs above his or her printed name.
9. Jurat or Acknowledgment
The notarial portion is completed by the notary public.
VIII. Sample Clauses Commonly Used
A typical declaration may include:
“I am single and have never contracted marriage with any person, whether in the Philippines or abroad.”
Another version may be:
“I am not legally married to any person and there exists no legal impediment for me to contract marriage.”
For those previously married, however, a simple Affidavit of Singleness may not be enough. A person who was previously married but is now legally free to marry should not merely declare “never married.” The affidavit should accurately state the legal basis of present capacity, such as annulment, declaration of nullity, death of spouse, or recognition of foreign divorce, as applicable.
IX. Special Situations
A. Previously Married Persons
A person who was previously married cannot truthfully execute a standard affidavit stating that he or she has “never been married.” Instead, the affidavit should disclose the prior marriage and explain why the person is now legally capacitated to marry.
Relevant supporting documents may include:
- death certificate of the former spouse;
- court decision declaring nullity of marriage;
- court decision granting annulment;
- certificate of finality;
- annotated marriage certificate;
- judicial recognition of foreign divorce, if applicable;
- PSA-issued advisory on marriages.
B. Widows and Widowers
A widow or widower is not “single” in the strict civil status sense but may be legally capacitated to remarry after the death of the spouse. The proper affidavit may be an Affidavit of Widowhood or an Affidavit of Legal Capacity to Marry, supported by the spouse’s death certificate.
C. Annulled or Nullified Marriages
A person whose marriage has been annulled or declared void should rely on official court and civil registry documents. The affidavit may explain the person’s present civil status, but the court decision, certificate of finality, and annotated PSA marriage certificate are usually more important.
D. Foreign Divorce
For Filipinos, a foreign divorce does not automatically allow remarriage in the Philippines unless the divorce is recognized through the proper judicial process, especially when recognition is required to update Philippine civil registry records. A person relying on foreign divorce should be careful in executing an affidavit and should avoid making broad statements unless the legal status has been properly settled.
E. Foreign Nationals Marrying in the Philippines
Foreign nationals are often required to present a Certificate of Legal Capacity to Contract Marriage or equivalent document issued by their embassy or consulate. An Affidavit of Singleness may be required by some embassies or local civil registrars, but it does not necessarily replace the foreigner’s legal capacity certificate.
F. Muslims and Indigenous Peoples
Marriage requirements may differ for Muslim Filipinos under Muslim personal laws and for members of indigenous cultural communities where customary laws may apply. However, if a person is executing an Affidavit of Singleness for use before a government office, embassy, or private institution, the affidavit should still be truthful, precise, and supported by appropriate records.
X. Is an Affidavit of Singleness Required for Marriage in the Philippines?
For ordinary civil marriage applications in the Philippines, the primary requirements generally include:
- birth certificate or baptismal certificate;
- valid identification;
- residence certificate or community tax certificate, where applicable;
- parental consent or advice for certain ages;
- certificate of attendance in pre-marriage counseling, where required;
- CENOMAR or other proof of civil status;
- valid marriage license, unless exempt;
- certificate of legal capacity for foreign nationals, where applicable.
An Affidavit of Singleness is not always a universal statutory requirement for every marriage license application, but it may be required by a local civil registrar, church, embassy, or other office depending on the circumstances.
Because documentary practices may vary by city, municipality, parish, embassy, or receiving institution, applicants should verify the exact checklist with the office where the affidavit will be submitted.
XI. Legal Capacity to Marry
An Affidavit of Singleness is often connected with the broader concept of legal capacity to marry. In the Philippines, a person must generally have no existing valid marriage and must meet the legal requirements for marriage under the Family Code.
A person who is already married cannot validly marry another person while the first marriage remains legally existing. A false affidavit claiming singleness may expose the person to legal consequences and may affect the validity of the subsequent marriage.
XII. Notarization Requirements
For the affidavit to be accepted, it should be notarized by a duly commissioned notary public.
The affiant must:
- personally appear before the notary;
- present valid identification;
- sign the affidavit in the notary’s presence or acknowledge the signature;
- swear to the truth of the contents, if the document uses a jurat;
- provide details required for the notarial register.
The notary public should not notarize the affidavit if the person does not personally appear, lacks proper identification, appears to be signing involuntarily, or does not understand the document.
XIII. Apostille, Consularization, and Use Abroad
If the Affidavit of Singleness will be used outside the Philippines, notarization alone may not be enough. The receiving foreign authority may require an apostille or consular authentication.
For documents executed and notarized in the Philippines, the usual next step may be authentication through the Department of Foreign Affairs, depending on the destination country and the purpose of use.
For documents executed abroad by a Filipino, the affidavit may be notarized before a local notary, Philippine embassy, or Philippine consulate, depending on the requirements of the receiving office. Some foreign governments may require the document to be apostilled in the country where it was executed.
XIV. Affidavit Executed Abroad
A Filipino abroad may need an Affidavit of Singleness for marriage, immigration, employment, or civil registry purposes. The affidavit may be executed:
- before a Philippine embassy or consulate;
- before a local notary public abroad, subject to apostille or authentication rules;
- before a foreign authority authorized to administer oaths.
The required format may vary depending on whether the document will be used in the Philippines, in the country of residence, or in a third country.
XV. Supporting Documents Often Required
Depending on the purpose, the Affidavit of Singleness may need to be submitted with:
- PSA birth certificate;
- PSA CENOMAR;
- valid passport;
- valid government ID;
- baptismal certificate;
- confirmation certificate;
- residence certificate;
- barangay certificate;
- certificate of no impediment;
- certificate of legal capacity to marry;
- court decision and certificate of finality;
- annotated marriage certificate;
- death certificate of former spouse;
- divorce decree and recognition judgment, where applicable;
- embassy forms or declarations.
The affidavit should be consistent with these supporting documents. Any inconsistency may lead to rejection, delay, or further investigation.
XVI. Common Problems and Issues
1. Inconsistent Civil Status
A person may claim to be single, but a record may show prior marriage, common-law partnership, or inconsistent declarations in previous documents. This can cause legal and administrative complications.
2. Incorrect Use of “Single”
Some people use “single” casually to mean “not currently living with a spouse.” Legally, however, a person may still be married even if separated for many years. A separated person is not single for purposes of remarriage.
3. Prior Marriage Not Properly Dissolved
Physical separation, abandonment, or long absence does not automatically dissolve a marriage. Without death, annulment, nullity, or proper legal recognition of divorce where applicable, the marriage may still subsist.
4. False Statements
A false affidavit may lead to perjury or other legal consequences. It may also result in denial of a marriage license, visa refusal, administrative sanctions, or cancellation of benefits.
5. Use of Generic Templates
Many people download generic templates without checking whether the wording matches their situation. This is risky, especially for widowed, annulled, divorced, or previously married persons.
6. Lack of Apostille or Authentication
For international use, a notarized affidavit may be rejected if it lacks the required apostille or authentication.
XVII. Legal Consequences of a False Affidavit
Because the affidavit is sworn, false statements may have serious consequences. Possible consequences include:
- criminal liability for perjury;
- liability for falsification, depending on the circumstances;
- denial or cancellation of visa or immigration benefits;
- refusal of marriage license;
- administrative penalties;
- civil liability;
- possible effect on the validity of a subsequent marriage;
- credibility issues in future legal proceedings.
A person should never sign an Affidavit of Singleness unless the statements are accurate.
XVIII. Evidentiary Value
An Affidavit of Singleness may be used as evidence of the declarant’s statement, but it is generally not conclusive proof of civil status. A court, agency, embassy, or local civil registrar may still require official records.
The affidavit is strongest when accompanied by official documents, especially a PSA CENOMAR or annotated civil registry records.
XIX. Practical Drafting Tips
A well-drafted affidavit should:
- use the affiant’s complete legal name;
- match the name appearing in the birth certificate and passport;
- state the correct civil status;
- avoid vague or exaggerated statements;
- specify whether the person has never been married or is merely legally free to marry;
- state the purpose clearly;
- avoid hiding previous marriages;
- attach or refer to supporting documents when necessary;
- use plain, direct language;
- be notarized properly.
XX. Suggested Basic Form
Below is a general format for a simple Affidavit of Singleness for a person who has never been married:
AFFIDAVIT OF SINGLENESS
Republic of the Philippines City/Municipality of __________ ) S.S.
I, [Full Name], of legal age, [citizenship], single, and residing at [complete address], after having been duly sworn in accordance with law, hereby depose and state:
That I was born on [date of birth] at [place of birth];
That I am single and have never contracted marriage with any person, whether in the Philippines or abroad;
That I am not a party to any existing valid marriage;
That I have no legal impediment to contract marriage under Philippine law;
That I am executing this affidavit to attest to my single status and for [state purpose];
That I am executing this affidavit voluntarily and to attest to the truth of the foregoing statements.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__ at __________, Philippines.
[Signature] [Full Name of Affiant] Affiant
SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__ at __________, Philippines, affiant exhibiting to me his/her competent proof of identity: [ID details].
Notary Public
XXI. Suggested Form for Previously Married Persons
A person who was previously married should use a more accurate form, such as:
AFFIDAVIT OF PRESENT LEGAL CAPACITY TO MARRY
This affidavit should disclose the previous marriage and state the legal basis for present capacity.
Example clauses:
“That I previously contracted marriage with [name] on [date] at [place];”
“That said marriage was declared null and void by the Regional Trial Court of [place], Branch [number], in a Decision dated [date], which became final and executory on [date];”
“That the corresponding certificate of finality and annotated civil registry documents have been issued;”
“That I am now legally capacitated to contract marriage.”
This type of affidavit should be prepared carefully, preferably with legal assistance, because inaccurate wording may create legal issues.
XXII. Who May Execute the Affidavit
The affidavit should be executed by the person whose civil status is being declared. A parent, sibling, friend, or partner generally should not execute the affidavit on behalf of the person unless a specific institution asks for a third-party affidavit.
Some institutions may require an affidavit from parents or relatives stating that the person has never been married. This is different from the person’s own Affidavit of Singleness.
XXIII. Where to Get an Affidavit of Singleness
An Affidavit of Singleness may be prepared by:
- a lawyer;
- a notary public;
- a legal document preparation office;
- the affiant, using an appropriate template;
- an embassy or consulate form, if required;
- a church or institution-provided form.
The safest option is to use the format required by the receiving office. When the affidavit will be used for marriage, immigration, or foreign submission, the affiant should avoid relying on generic templates.
XXIV. Cost and Processing
The cost of an Affidavit of Singleness depends on where it is prepared and notarized. Fees may vary depending on the notary public, location, complexity of the affidavit, number of copies, and whether legal drafting is needed.
If the affidavit requires apostille or foreign authentication, additional fees and processing time may apply.
XXV. Validity Period
An Affidavit of Singleness does not always have a fixed legal expiration date, but many receiving institutions impose their own validity periods. For marriage, immigration, and embassy purposes, documents proving civil status are often expected to be recently issued or recently executed.
A receiving office may require the affidavit to be issued within the last three months, six months, or another period. The affiant should confirm the rule with the requesting institution.
XXVI. Best Practices
Before executing an Affidavit of Singleness, a person should:
- obtain a recent PSA CENOMAR if required;
- check all civil registry records for accuracy;
- ensure that the affidavit matches supporting documents;
- disclose any previous marriage truthfully;
- avoid signing blank or incomplete forms;
- read the affidavit carefully before signing;
- use the exact format required by the receiving office;
- ask whether apostille or authentication is needed;
- keep notarized copies;
- consult a lawyer if there is a prior marriage, divorce, annulment, nullity case, or record discrepancy.
XXVII. Frequently Asked Questions
Is an Affidavit of Singleness the same as a CENOMAR?
No. A CENOMAR is issued by the Philippine Statistics Authority. An Affidavit of Singleness is a notarized sworn statement made by the person.
Can I use an Affidavit of Singleness instead of a CENOMAR?
Sometimes, but not always. Many institutions require a CENOMAR because it is an official civil registry document. An affidavit may only be supplementary.
Can a separated person execute an Affidavit of Singleness?
Not if the person is still legally married. Physical separation does not make a person single.
Can a widow or widower execute an Affidavit of Singleness?
A widow or widower should be careful. The more accurate document may be an Affidavit of Widowhood or an affidavit stating legal capacity to remarry, supported by the death certificate of the former spouse.
Can an annulled person say he or she is single?
The person may be legally capacitated to remarry after proper court proceedings and civil registry annotation, but the affidavit should accurately disclose the prior marriage and its annulment or declaration of nullity if relevant.
Does notarization guarantee that the person is really single?
No. Notarization confirms the execution of the affidavit, not necessarily the truth of the civil status declared.
Do embassies accept an Affidavit of Singleness?
Some may, but embassies usually have their own requirements. They may require a CENOMAR, apostilled documents, embassy forms, or other proof.
Is lying in an Affidavit of Singleness punishable?
Yes. A false sworn statement may expose the affiant to perjury, falsification, immigration consequences, administrative penalties, and other legal problems.
XXVIII. Conclusion
An Affidavit of Singleness is a useful legal document in the Philippines, but it must be understood correctly. It is a sworn personal declaration, not a substitute for every official civil status document. Its value depends on truthful execution, proper notarization, consistency with civil registry records, and acceptance by the receiving institution.
For persons who have never been married, the affidavit is usually straightforward. For those who are widowed, annulled, divorced abroad, separated, or previously married, greater care is required. The affidavit should accurately describe the person’s actual legal status and should be supported by proper official documents.
Because marriage, civil status, immigration, and family law issues can have serious consequences, a person should avoid careless declarations and should seek legal advice when there is any doubt about his or her status or legal capacity to marry.