Introduction

People in the Philippines commonly execute an Affidavit of Change of Ownership when a property, vehicle, account, or other registrable item changes hands and a government office, registry, or private institution requires a sworn statement to support an update in records. A frequent (and practical) question follows:

“Does the affidavit expire?”

In Philippine practice, the best answer is:

An affidavit generally does not “expire” as a matter of law simply because time has passed, but
its usefulness and acceptability can become time-sensitive depending on (1) the purpose for which it is submitted, (2) the policies of the receiving office, and (3) the legal consequences of delay in registering the transfer.

This article explains what that means in real-world Philippine transactions, what an affidavit can and cannot do, and what “expiration” looks like in practice.

What an Affidavit of Change of Ownership Is (and Isn’t)

What it is

An affidavit is a written statement of facts that the affiant (the person making the statement) swears to be true before a notary public (or other authorized officer). It is typically executed under a jurat (sworn statement) rather than an acknowledgment.

When used for “change of ownership,” the affidavit usually states facts such as:

the identity of the previous and current owner,
how the change happened (sale, donation, inheritance, assignment, etc.),
a description of the item or property,
circumstances explaining missing documents (e.g., deed lost, original OR/CR missing for vehicles),
the intent to update records with a specific office or institution.

What it is not

An affidavit is not automatically the instrument that transfers ownership.

Ownership in the Philippines usually transfers by:

contract (e.g., sale, donation) plus delivery for many kinds of personal property, and/or
registration/annotation for certain registrable property (especially land and registered vehicles), and/or
compliance with corporate/registry formalities (e.g., stock transfer book for shares).

So, an affidavit is often supporting evidence—not the primary document of transfer.

So, Does It Expire?

1) As a sworn statement: generally, no automatic expiration

There is no general Philippine rule that a notarized affidavit becomes void after a set number of months or years. If it was properly executed and notarized, it remains a document that exists and can be presented later.

2) As a document for filing/processing: sometimes, yes (practically)

Even if an affidavit doesn’t “expire” by law, many offices and institutions apply administrative acceptance rules that effectively create a shelf-life, for example:

requiring affidavits to be recently executed (because circumstances can change),
refusing “stale” affidavits executed long ago unless supported by updated documents,
requiring a fresh affidavit when IDs, clearances, or supporting papers are outdated.

These are policy-based requirements of the receiving office, not a universal legal expiration rule.

3) As proof of a fact: it can become weaker or more contestable over time

The older an affidavit is, the more likely that:

facts stated may have been overtaken by later events,
records may now conflict with the statement,
witnesses/affiant may be unavailable,
the other party disputes the statement,
the receiving office asks for stronger proof (e.g., deed of sale, extra affidavits, official certifications).

The Notarization Angle: “Notary Expired” vs “Affidavit Expired”

A common misunderstanding is: “The notary’s commission already ended—does that invalidate the affidavit?”

In general:

A notary public’s commission ending does not retroactively invalidate documents notarized during the valid commission period.
What matters is whether the notarization was valid at the time it was performed (personal appearance, competent evidence of identity, proper notarial act, proper entries, etc.).

However, an affidavit can be attacked if there were defects in notarization (e.g., affiant did not personally appear, improper identification, falsified notarial details). That is a validity issue, not an “expiry” issue.

“Expiration” Often Really Means: Deadlines, Penalties, and Registration Consequences

Even if the affidavit itself doesn’t expire, the transaction may have time-related consequences:

A. Delay in registering a change can create penalties or complications

Many registries and agencies expect changes to be reported/recorded promptly. If you delay:

you may face fees/penalties,
you may be asked to execute additional affidavits explaining the delay,
you may need extra supporting documents that wouldn’t have been required earlier.

B. You can’t rely on an affidavit to cure missing core documents

If the primary instrument should be a deed of sale, deed of donation, extrajudicial settlement, or other registrable instrument, the affidavit usually cannot replace it unless the receiving office’s rules allow a substitute in limited circumstances.

C. Prescription, laches, and adverse claims

Time can also affect:

whether a claim is still enforceable (prescription),
whether a claim is barred by delay in equity (laches),
whether third parties have acquired rights in the meantime.

These doctrines don’t “expire” your affidavit, but they can make it ineffective to achieve the result you want.

Where This Most Commonly Comes Up

1) Motor Vehicles (LTO-related updates)

What people try to do

In practice, people use affidavits for:

change of ownership when the deed of sale is missing or incomplete,
transfers through inheritance,
correcting errors in registration details,
explaining gaps in the chain of sale.

Does the affidavit expire?

Usually not by law, but LTO processing rules and local office practices can lead to rejection of an old affidavit or require:

a newly executed affidavit,
an affidavit of undertaking or explanation of delay,
additional proof (IDs, deed, confirmation of sale, police clearance depending on circumstance, etc.).

Why age matters for vehicles

Delays in transferring vehicle registration can create real-world risks:

The registered owner is the one reflected in records and may receive notices or be implicated in incidents.
A buyer who fails to transfer promptly can face processing headaches later (missing records, outdated signatories, unavailable sellers).

Practical takeaway: For vehicles, even if your affidavit doesn’t “expire,” an old affidavit is more likely to be treated as insufficient unless it is backed up by the required transfer documents and current IDs/clearances.

2) Real Property (Land/condo, title updates)

Key point: affidavits don’t transfer titled land by themselves

For land registered under the Torrens system, what typically matters for ownership “as against the world” is:

a proper instrument (sale/donation/settlement),
payment of required taxes/fees,
and registration/annotation with the Registry of Deeds.

An “Affidavit of Change of Ownership” may support a correction or annotation, but it’s rarely the centerpiece for transferring title.

Does it expire?

Again, the affidavit does not automatically expire. But land transactions have time-sensitive obligations, including tax and registration steps, and delays can cause:

additional requirements,
interest/penalties on taxes,
complications if new claims arise.

Special case: inheritance and extrajudicial settlement

If ownership changes because of death, documents like:

Extrajudicial Settlement of Estate (often with publication requirements),
Affidavit of Self-Adjudication (for a sole heir),
related sworn statements, may be involved.

These documents generally don’t “expire,” but the law recognizes periods during which heirs/creditors can assert claims and transactions may be challenged if requirements were not followed. Age doesn’t cure defects; compliance does.

3) Shares of Stock / Business Interests

Ownership of shares is typically recognized through:

proper endorsement/transfer documents, and
recording in the corporation’s stock and transfer book.

An affidavit may be used to explain lost certificates, authority to transfer, or the manner of acquisition. It usually won’t “expire,” but corporations and regulators often ask for updated sworn statements if the affidavit is old—especially where authority, identity, or corporate positions may have changed.

4) Utilities, Banks, Insurance, and Private Institutions

Many private institutions accept affidavits but treat them as time-sensitive compliance documents. Common reasons they ask for a “fresh” affidavit:

customer due diligence / KYC considerations,
verifying current identity and consent,
risk management (they want recent sworn statements to reduce dispute risk).

So while it’s not “expired” legally, it may be administratively unacceptable after a certain period.

When an Old Affidavit Still Works

An older affidavit is more likely to remain usable when:

the facts are objective and stable (e.g., the date of a sale, a serial number),
there is strong supporting documentation (deeds, official records),
there is no dispute and the receiving office’s rules allow it,
the affidavit is being used simply to corroborate other documents, not replace them.

When You Should Execute a New Affidavit

Consider executing a new affidavit (or a supplemental affidavit) when:

the receiving office says the affidavit must be “recent,”
the affidavit is many years old and your supporting documents are updated,
the original affidavit’s purpose has changed (you’re using it for a different transaction),
there are new facts (e.g., further transfers, corrections, loss of documents),
the affiant’s identity documents or circumstances have materially changed,
the earlier affidavit was vague and needs clearer details.

A common practical solution is a “Re-affirmation” or “Confirmation” Affidavit stating that the earlier sworn facts remain true and are being restated for current filing purposes—paired with current IDs and supporting documents.

Legal Risks: Affidavits Are Not “Free Passes”

Because affidavits are sworn statements, they carry serious risks:

Perjury exposure if the affiant deliberately lies under oath,
possible criminal and civil liability if the affidavit is used to deprive someone of rights,
transaction invalidation if agencies discover falsity or defects.

Also, an affidavit cannot reliably fix a broken chain of documents. If the core instrument (sale, donation, settlement) is missing or defective, the solution is often proper documentation, not just another affidavit.

Practical Checklist in Philippine Transactions

If you’re dealing with an affidavit of change of ownership (especially an old one), these are the usual make-or-break points:

Purpose: What record are you changing (LTO, Registry of Deeds, corporation, bank, utility)?
Primary instrument: Do you have the deed/contract required to actually transfer ownership?
Supporting documents: IDs, certificates, clearances, tax proofs, authority documents—are they current and consistent?
Consistency: Do the names, addresses, item descriptions, serial numbers, plate numbers, title numbers match across documents?
Notarial correctness: Proper jurat, date/place, notary details; no obvious irregularities.
Delay explanation: If years have passed, expect questions—prepare an explanation affidavit if required.
Dispute risk: If another party may contest the transfer, affidavits alone are weak compared to properly executed and registered instruments.

FAQs

“If my affidavit is 10 years old, is it invalid?”

Not automatically. But it may be rejected for processing if the receiving office requires a more recent affidavit or additional proof.

“Can I use an affidavit instead of a deed of sale?”

Usually no. An affidavit is normally supporting evidence, not the principal instrument of conveyance—especially for registrable transactions.

“If the seller is dead/unreachable, can I rely on the affidavit?”

Sometimes affidavits help explain circumstances, but the correct solution often depends on the legal basis of transfer (sale vs inheritance), available records, and what the registry requires. Expect extra documentation.

“Does notarization make it conclusive proof?”

Notarization generally strengthens a document’s evidentiary standing as a public document, but it does not make the statements automatically true. The content can still be disputed and must still be credible and consistent with records.

Bottom Line

An Affidavit of Change of Ownership does not typically “expire” under Philippine law just because time passed.
But it can become “stale” for administrative purposes, and delays in recording ownership changes can cause penalties, additional requirements, or disputes.
The affidavit is usually supporting evidence, not the document that actually transfers ownership—especially for land and other registrable assets.

If you want, tell me what kind of ownership change you mean (vehicle, land/title, inheritance, shares, utilities/bank), and I’ll lay out the usual document flow, common pitfalls, and what offices typically look for—still in general Philippine terms.