Overview

Yes—as a rule, every affiant must personally appear before the notary public for the notarization of a Joint Affidavit in the Philippines.

This requirement comes from the fundamental nature of an affidavit: it is a sworn statement. Notarization of an affidavit is usually done through a jurat, where the notary public certifies that the affiant personally appeared, signed in the notary’s presence, and swore (or affirmed) that the contents are true.

If an affiant does not personally appear, the notarization is generally defective and can expose the notary—and sometimes the parties—to serious consequences.

Key Concepts You Need to Know

1) What is an “Affiant”?

An affiant is the person who makes and swears to the truth of an affidavit’s contents.

2) What is a “Joint Affidavit”?

A Joint Affidavit is a single affidavit signed and sworn to by two or more affiants who typically attest to the same set of facts (e.g., joint affidavit of two witnesses, joint affidavit of support, joint affidavit of loss, etc.).

3) What does “Notarization” do in the Philippines?

Notarization converts a private document into a document that is (in many settings) treated as a public document. It generally increases reliability by requiring identity checks and imposing duties on the notary.

Notarization is not just “stamping.” It is a regulated legal act governed by the 2004 Rules on Notarial Practice and related rules.

The Governing Rule: Personal Appearance Is the Default

The Personal Appearance Requirement

For notarization, the signatory (here, the affiant) must personally appear before the notary public. Personal appearance is essential because the notary must:

Confirm identity through competent evidence (usually government-issued ID);
Observe the signing (or, in limited contexts, receive a proper acknowledgment—more on that below);
For affidavits specifically, administer an oath or affirmation to the affiant.

Why this matters more for affidavits

A typical affidavit is notarized via jurat, and jurat is tied to:

Signing in the notary’s presence, and
Taking an oath/affirmation before the notary.

An oath is personal. It cannot be outsourced, delegated, or done through an authorized representative.

Jurat vs. Acknowledgment: The Practical Difference

Understanding this distinction explains why “sending the document to the notary” usually doesn’t work for affidavits.

Jurat (Typical for Affidavits)

A jurat is used for sworn statements. It certifies that the affiant:

Appeared before the notary,
Signed in the notary’s presence, and
Swore/affirmed that the contents are true.

This normally requires the affiant to appear.

Acknowledgment (Typical for Contracts/Deeds)

An acknowledgment certifies that the signatory:

Appeared before the notary, and
Acknowledged that the signature is their own and that they signed voluntarily.

Acknowledgment is common for deeds, contracts, authorizations—not usually for affidavits intended as sworn statements.

Even acknowledgments require personal appearance. So either way, personal appearance is central.

So What About a Joint Affidavit?

General Rule

For a Joint Affidavit, each affiant must personally appear before the notary public.

Because the notary’s jurat states that the document was “subscribed and sworn to” by the affiants, the notary must be able to truthfully certify that every listed affiant:

personally appeared,
was identified,
signed in the notary’s presence, and
took an oath/affirmation.

If even one affiant did not appear, the notary’s certification becomes questionable.

Do All Affiants Have to Appear at the Same Time?

Best practice: Yes, appear together.

The cleanest and least risky approach is: all affiants appear together and sign in one sitting.

If schedules don’t match

In practice, problems arise when:

Affiant A appears today and signs,
Affiant B appears next week and signs,
The notary wants only one jurat with one date.

This is where many defective notarizations happen.

Safer alternatives (depending on the receiving office’s acceptance):

Execute separate affidavits instead of one joint affidavit. Each affiant signs and swears to their own affidavit. This avoids “staggered” jurats.
Execute the same joint affidavit but require everyone to appear on the same date (re-execute if needed). Often the simplest: reschedule and sign again properly.
Use separate notarial acts only if handled correctly and accepted. Conceptually, each affiant must have their own valid jurat tied to their personal appearance and oath. In real-world transactions, many agencies prefer a single clean jurat and may reject unusual formatting.

If the purpose is court filing or a strict government transaction, don’t gamble—have everyone appear together or execute separate affidavits.

Can One Affiant Sign for Another (SPA, Authorization, Representative)?

No. An affidavit is a sworn statement of personal knowledge (or stated basis of belief). The oath is personal and cannot be done by proxy.

A representative may sign some documents under a Special Power of Attorney, but not the oath-taking that makes an affidavit an affidavit.

What if an Affiant Is Abroad?

Common lawful routes:

Philippine Embassy/Consulate notarization A consular officer can perform notarial functions for documents to be used in the Philippines (often called consular notarization).
Notarization under foreign law + authentication as required for Philippine use Depending on where the affidavit will be used and local rules, the document may need further authentication steps for acceptance in the Philippines.

Because requirements vary by country and by the receiving Philippine office (court, agency, bank, registry), the safest route for overseas execution is often the Philippine Consulate.

What if the Affiant Is Sick, Hospitalized, Detained, or Homebound?

Personal appearance still matters, but appearance can be satisfied by the notary going to the affiant (sometimes informally called “mobile notarization”). The notary must still:

Identify the affiant properly,
Ensure the affiant is acting voluntarily,
Administer the oath/affirmation,
Witness the signing.

Notaries may refuse if they cannot confidently comply with these duties.

What If the Document Was Already Signed Before Going to the Notary?

For affidavits notarized by jurat, the standard expectation is signing in the notary’s presence. If already signed, the practical solution is usually:

Re-sign in front of the notary, and
Take the oath/affirmation properly.

Trying to “just stamp” a pre-signed affidavit is a classic pathway to an invalid notarization.

Identity Requirements: What Affiants Must Bring

The notary must require competent evidence of identity, commonly:

A valid government-issued ID with photo and signature (and required details).
In some situations, credible witnesses may be used (subject to strict rules).

For a joint affidavit, each affiant must present their own competent proof of identity.

Consequences of Notarizing Without Personal Appearance

1) The affidavit may be rejected

Receiving offices (courts, agencies, employers, banks, registries) can reject a defectively notarized affidavit.

2) The affidavit may lose its evidentiary weight

A defective notarization can downgrade the document’s status and reliability. In litigation, it can trigger challenges that weaken the affidavit’s usefulness.

3) Liability for the notary public

Notaries who notarize without personal appearance may face:

Administrative sanctions (suspension/revocation of notarial commission),
Disciplinary action if the notary is a lawyer,
Potential civil/criminal exposure depending on circumstances.

4) Possible exposure for parties in bad-faith scenarios

If someone causes or benefits from a false notarization, other legal issues can follow (fact-dependent).

Practical Guidance: The “Do It Right” Checklist

For a Joint Affidavit in the Philippines, do this:

Finalize the document text before appearing.
All affiants appear before the same notary (ideal).
Each affiant brings valid government ID.
Sign each page as required (many notaries require initials/signatures on each page).
Take the oath/affirmation in the notary’s presence.
Ensure the notary completes:
- Jurat wording,
- Notarial details (date/place),
- Notarial seal,
- Notarial register entry (and required signatures/thumbmarks if required by the notary’s practice and rules).
Check that names and IDs are consistent across:
- The affidavit,
- The jurat,
- The notarial register entry.

If you cannot coordinate everyone’s appearance, the safest alternative is usually:

Separate affidavits executed and notarized individually.

Common Q&A

“Do affiants really have to appear if they already signed and sent a copy of their ID?”

For a valid jurat-based affidavit: yes. The notary must administer an oath and generally must witness signing.

“Can we do one joint affidavit if one affiant is overseas?”

It’s possible only if that affiant completes a valid notarization route abroad that will be accepted for your purpose. Many people avoid complications by executing separate affidavits.

“We need this for a government transaction—will a ‘staggered’ joint affidavit be accepted?”

Often, no—or it becomes risky and unpredictable. If the receiving office is strict, do it cleanly: appear together or execute separate affidavits.

Bottom Line

In the Philippines, affiants should personally appear for notarization of a Joint Affidavit, because an affidavit requires a jurat—a sworn act that depends on the notary’s personal verification of identity, signature, and oath-taking.

If personal appearance by all affiants cannot be done, the most reliable workaround is usually separate affidavits, each notarized properly.

This article is for general information and educational purposes and is not legal advice. For high-stakes filings (court cases, land matters, immigration, major financial transactions), consult a Philippine lawyer or confirm directly with the receiving office’s documentary requirements.