In the practice of professions regulated by the Professional Regulation Commission (PRC) in the Philippines, the submission of sworn statements—or affidavits—is a recurring procedural necessity. These legal documents serve as formal declarations made under oath, ensuring that the information provided by an applicant or professional is truthful and legally binding under the penalty of perjury.
Below is an overview of the common types of affidavits required by the PRC, their purposes, and the essential elements required for their validity.
1. Affidavit of Loss
This is perhaps the most common affidavit filed with the PRC. It is required when a professional loses their Professional Identification Card (PIC) or their Certificate of Registration (COR).
- Purpose: To formally notify the PRC of the loss and to serve as a basis for the issuance of a duplicate ID or certificate.
- Key Contents:
- Full name and profession of the affiant.
- License number and date of issuance.
- A detailed narration of the circumstances surrounding the loss (e.g., misplaced, stolen, or destroyed by fire/flood).
- An assertion that the document has not been confiscated by any government authority for disciplinary reasons.
2. Affidavit of Undertaking
This document is often required when a professional or an applicant cannot immediately produce a specific required document or must commit to fulfilling a certain condition within a set timeframe.
- Purpose: To guarantee that the individual will comply with PRC requirements (such as Continuing Professional Development or CPD units) at a later date.
- Common Usage: Often used during the renewal of licenses when there is a deficiency in CPD credit units, under the "Self-Paced" or "Voluntary" compliance tracks, or for the submission of late documents.
3. Affidavit of Discrepancy (One and the Same Person)
Discrepancies in personal records—such as a misspelled name on a birth certificate versus a transcript of records, or the use of a middle initial instead of a full middle name—can halt an application.
- Purpose: To swear that the different names or pieces of information appearing in various documents refer to one and the same person.
- Key Contents:
- Identification of the conflicting documents.
- Clarification of the correct information.
- The affiant’s declaration that they are the same person regardless of the clerical errors.
4. Affidavit of No Pending Case
This is typically required for applicants of licensure examinations or for professionals seeking "Good Standing" certifications for use abroad.
- Purpose: To attest that the individual is not currently involved in any criminal, administrative, or civil case that would disqualify them from practicing their profession.
- Relevance: It ensures the "moral turpitude" clause in professional regulatory laws is satisfied.
5. Affidavit of Completion of Refresher Course
For examinees who have failed the licensure examination a specific number of times (usually three, depending on the specific Professional Regulatory Law), the PRC requires a refresher course.
- Purpose: To certify that the applicant has undergone and completed the mandated retraining from an accredited institution.
Essential Legal Elements of a PRC Affidavit
For an affidavit to be accepted by the PRC, it must follow the standard legal format prescribed by Philippine law:
| Element | Description |
|---|---|
| Title | Clearly stating the type of affidavit (e.g., "Affidavit of Loss"). |
| Scilicet (Venue) | The location where the document is notarized (e.g., "Republic of the Philippines, City of Manila"). |
| Body | Written in the first person, containing the factual allegations. |
| Signature | The signature of the affiant (the professional/applicant). |
| Jurat | The statement by the Notary Public stating that the affiant appeared before them, was identified, and signed the document under oath. |
Important Reminders and Legal Consequences
The Role of Notarization
An affidavit must be notarized to be considered a public document. A lawyer with a valid Notarial Commission must sign and seal the document. The PRC will not accept unnotarized declarations for these specific requirements.
Perjury and Administrative Liability
Under the Revised Penal Code of the Philippines, making a false statement in an affidavit is a criminal offense known as Perjury.
Article 183: "The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, knowingly making untruthful statements... shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized by law to administer an oath..."
Furthermore, if a professional is found to have submitted a fraudulent affidavit, they may face administrative sanctions from the PRC, including the suspension or revocation of their license to practice.