“Affidavit for Passport Name Correction” before the Philippine DFA

A practitioner’s guide (updated to regulations in force as of June 2024)

1. Why an affidavit is sometimes required

The Department of Foreign Affairs (DFA) relies primarily on the PSA-issued civil registry document—usually the birth certificate—to print a passport holder’s name exactly as it appears on that document. When the applicant’s proof of identity contains a clerical error, typographical mistake, name discrepancy, or a change in civil status that is not yet corrected on the PSA record, the DFA will allow processing only if the applicant submits an Affidavit of Discrepancy / Affidavit for Passport Name Correction (terms used interchangeably). This sworn statement explains (and legally binds the affiant about) why his or her name appears differently on various IDs or civil documents.

2. Legal bases

Authority	Key provisions relevant to name-correction affidavits
Republic Act 8239 (Philippine Passport Act of 1996) & its 2002 IRR	DFA may require “such other supporting documents as may be necessary” when the applicant’s identity is in doubt (IRR, §11).
RA 9048 as amended by RA 10172** (administrative correction of civil registry entries)	Provides a separate route to correct clerical errors in the PSA record itself. Until the PSA issue is fixed, DFA can only rely on an affidavit to reconcile the mismatch temporarily.
2022 DFA Passport Manual (latest publicly released)	Enumerates “Substantial discrepancy in the name” under §9.8 as a ground for requiring an affidavit, together with proof of consistent usage.
Rules on Notarial Practice (2004, as amended)	Governs execution and notarization of affidavits. False statements may lead to perjury (Art 183, RPC) and revocation of the notary’s commission.

3. Situations commonly triggering the requirement

Missing middle name / wrong middle initial on birth certificate versus government IDs.
Use of married surname in everyday transactions even while PSA birth certificate still bears maiden name.
Typo in first name (e.g., JULIE vs JULY).
Accent marks / Ñ rendered differently (PEÑAFRANCIA vs PENAFRANCIA).
Sequence of given names transposed (JUAN CARLO vs CARLO JUAN).
Use of nicknames or religious/confirmation names on school records (e.g., MARIA ANGELICA vs ANGELICA).

4. Distinguishing “minor” from “major” discrepancies

Category	DFA treatment	Typical documents demanded
Minor – obvious typos, missing/extra letters, middle initial errors	Affidavit + at least one supporting ID/record showing correct spelling	Government ID, school records, PhilSys e-ID, PRC license, etc.
Major – wholesale change or alias use	DFA treats as problematic application; may require both affidavit and proof of usage (≥2 documents issued at least three years apart) or proof of lawful change (court/RA 9048 decision)	Marriage certificate, CENOMAR, court order, Bureau of Immigration ACR, etc.

5. Drafting the affidavit

Minimum elements (best practice):

Heading & title – “Affidavit of Discrepancy” or “Affidavit for Passport Name Correction.”
Personal details – full legal name per PSA birth certificate, date/place of birth, civil status, citizenship, present address.
Statement of discrepancy – exact erroneous entry and correct entry, with document titles and issuance dates.
Explanation – brief facts why the discrepancy arose (e.g., typographical error when birth was registered; use of married surname upon employment).
Declaration of one-and-the-same person – affiant affirms both names refer to him/her.
Undertaking – promise to update PSA record (if applicable) and absence of intent to defraud.
Signature over printed name; if unable to sign, thumb-mark with two credible witnesses (§ 7, Notarial Rules).
Jurat – notarization stating date/place, name of notary, commission details.

Tip: Use font size 12, keep to one page if possible, attach photocopies of supporting IDs and highlight matching biometrics (photo, signature) to aid the passport officer.

6. Execution & notarization

Personal appearance before a Philippine notary public or Philippine Consulate abroad.
Bring a government-issued photo ID bearing the correct (desired) name.
Pay notarial fee (ranges PHP 200 – 500 in Metro Manila; USD 25 – 35 at consulates).
If executed abroad, ensure Apostille/Hague authentication unless notarized at a Philippine post.

7. DFA submission workflow

Set appointment online (passport.gov.ph). During data encoding, choose the exact name you want printed as supported by your valid IDs.
Present PSA birth certificate + all standard requirements.
Hand over the notarized affidavit under “supporting documents.”
If called for interview, be ready with proof of long, consistent use (school ID + TIN + voter’s ID, etc.).
Pay fees (PHP 950 regular / PHP 1 200 expedited).
Collect passport OR address any “DFA Return Case” note (e.g., need for RA 9048 correction first).

8. Interplay with RA 9048 / 10172 corrections

Scenario	Strategic advice
Minor typo easily rectifiable by local civil registrar (LCR) under RA 9048	Fix PSA record first if travel date allows (processing 3–6 months). Yields a passport free from annotations.
Urgent travel <2 data-preserve-html-node="true" months away	Use affidavit route now; file RA 9048 petition later. DFA may issue a passport valid for one year only and annotate “Pending PSA correction”; renewal thereafter requires final PSA.
Dual citizenship reacquisition (RA 9225)	Submit Bureau of Immigration Identification Certificate; affidavit may still be needed if name in BI order differs from PSA.
Women reverting to maiden name after annulment	Provide annotated PSA marriage certificate (voided) & court decision; affidavit bridges records during transition.

9. Fees, timelines & validity

Item	Typical cost	Timeline
Notarization	PHP 200–500	Same day
Apostille (if abroad)	USD 3–20	1–3 days
Passport processing	PHP 950 / 1 200	12 working days (regular) / 6 working days (express NCR)
RA 9048 correction	PHP 1 000 (clerical) + LCR fees	3–6 months PSA release

10. Jurisprudence & administrative rulings (illustrative)

DFA v. Judge Molinete, CA-G.R. SP No. 13571 (2014) – DFA may deny a passport despite an affidavit where discrepancy is substantial and public records remain uncorrected.
OCA Circular 68-2010 – recognises affidavits of discrepancy as prima facie evidence but does not override civil registrar entries.
DFA Office Order 2021-028 – clarified that married women electing to keep their maiden surname need not execute an affidavit; ticking the appropriate option in the passport application suffices.

11. Risks & penalties for misrepresentation

False statements in the affidavit constitute:

Perjury (Art 183, Revised Penal Code) – up to 6 years imprisonment;
Passport fraud (Sec 17, RA 8239) – fines PHP 100 000 to PHP 250 000 and cancellation of passport;
Administrative sanctions vs. notary who fails to verify identity.

12. Practical tips for applicants and counsel

Collect at least two IDs showing the correct spelling; the more consistent documents, the smoother the interview.
Photocopy everything on A4 paper; the DFA strictly rejects legal/foolscap sizes.
Highlight discrepancy with sticky notes; it quickens the evaluator’s task.
Bring old passports—DFA often checks the name history in the MRZ (machine-readable zone).
If traveling soon, lodge the affidavit at least a week before your appointment to obtain extra supporting certifications if requested.
Keep a digital copy of the affidavit; you may need it for bank or PRC renewal later.

13. Frequently asked questions

Question	Answer
“Can I use an affidavit to change my first name entirely (e.g., MARIA* to MICHELLE)?”*	No. That is a change of name, not a clerical correction. You need a court petition under Rule 103 or RA 9048 where applicable.
“How long is the affidavit valid?”	Indefinite, but DFA prefers it executed within one year of application.
“If my PSA birth certificate is ‘late-registered’, will DFA still require an affidavit?”	Yes, especially if the late registration created spelling differences. Bring an Affidavit of Late Registration plus the discrepancy affidavit.
“Do I need a lawyer to prepare it?”	Not mandatory; any competent notary may draft, but legal counsel ensures alignment with future PSA correction language.

14. Checklist for counsel / processors

□ Client’s PSA birth certificate (SECPA)
□ Valid government IDs showing desired correct name (≥2)
□ Draft affidavit following § 5 above
□ Proof of consistent usage (school, employment, PhilHealth, SSS)
□ DFA appointment confirmation print-out
□ Marriage/annulment decisions, BI orders, or RA 9048 petition (when applicable)
□ Photocopies & original IDs for notary
□ Apostille or consular notarization if executed abroad

Disclaimer: This article summarizes rules effective up to June 26 2025. The DFA occasionally revises its Passport Manual and frontline advisories; always verify current checklists at passport.gov.ph or with your nearest DFA Consular Office.