In the Philippine insurance industry, the processing of a death claim often requires more than just a Death Certificate. When discrepancies arise in official records—such as misspelled names, conflicting birth dates, or missing details—insurance companies require a Joint Affidavit of Two Disinterested Persons. This legal instrument serves as supplemental evidence to establish the identity of the deceased and the circumstances of their passing.
Understanding the "Disinterested" Requirement
The term "disinterested" is the most critical legal qualification for the affiants. To be considered disinterested, the individuals must meet the following criteria:
- No Financial Interest: They must not be beneficiaries of the insurance policy.
- No Close Kinship: They should not be related to the deceased or the claimant by consanguinity (blood) or affinity (marriage) within the fourth civil degree.
- Personal Knowledge: They must have personally known the deceased for a significant period to testify to their identity and death.
Core Components of the Affidavit
For the document to be legally sufficient for an insurance provider and the National Labor Relations Commission (if applicable), it must contain specific factual allegations:
1. The Preamble (Affiants' Personal Circumstances)
The document begins by identifying the two affiants. It must state their full names, ages, nationalities, civil status, and residential addresses. This establishes their legal capacity to execute the sworn statement.
2. The Relationship and Duration
The affiants must declare how long they knew the deceased. Insurance companies typically look for a relationship spanning several years or decades. This section often includes a statement such as:
"We have personally known [Name of Deceased] for a period of over [Number] years, having been neighbors/long-time friends in [Location]."
3. The Fact of Death
The affidavit must clearly state the date, time, and place of death. If the death occurred at home or in a remote area where a medical certificate was not immediately available, the affiants must describe the circumstances they witnessed or became aware of.
4. Affirmation of Identity ("One and the Same")
A primary use of this affidavit is to correct clerical errors. If the name on the insurance policy is "Juan Dela Cruz" but the Death Certificate says "Juanito Dela Cruz," the affiants must swear that these two names refer to the one and the same person.
5. Purpose of the Document
The affidavit must explicitly state that it is being executed to support a death insurance claim with a specific company (e.g., "to attest to the truth of the foregoing facts for the purpose of claiming insurance benefits from [Insurance Company Name]").
Formal Requirements for Validity
Under the 2004 Rules on Notarial Practice in the Philippines, an affidavit is not legally binding unless it follows strict formal protocols:
| Requirement | Description |
|---|---|
| Signature | Both affiants must sign the document in the presence of a Notary Public. |
| Competent Evidence of Identity | Affiants must present a valid government-issued ID (e.g., Passport, Driver's License, UMID). A Community Tax Certificate (Cedula) is generally no longer sufficient. |
| The Jurat | The Notary Public must sign and seal the document, certifying that the affiants took an oath before them. |
| Documentary Stamp Tax | A documentary stamp must be affixed to the notarized copy to make it admissible in government and private transactions. |
Common Scenarios Requiring this Affidavit
- Remote Deaths: When the deceased passed away in a province where records are not digitized or were lost due to natural disasters.
- Name Discrepancies: Variations between the policy application and the official civil registry records.
- Missing Records: When the death was not immediately registered with the Local Civil Registrar (LCR).
Note on Perjury: Executing a Joint Affidavit containing false information is a criminal offense under Article 183 of the Revised Penal Code of the Philippines. Affiants can be held liable for perjury if they willfully provide false testimony regarding the identity or death of the insured.