Fees for an Affidavit of Discrepancy in the Philippines: A Comprehensive Legal Guide (2025 Edition)
1. What an “Affidavit of Discrepancy” (AOD) Is — and What It Is Not
An Affidavit of Discrepancy is a sworn statement explaining and reconciling inconsistencies in a person’s name, birth date, sex, or similar personal data appearing in two or more official records (e.g., PSA birth certificate vs. school records). It is not the instrument that actually changes the record; rather, it:
- Narrates the error (e.g., “Juan Dela Cruz” in one ID and “Juanita Dela Cruz” in another).
- Affirms that the same person is involved.
- Serves as supporting evidence when you:
- file a petition for correction under R.A. 9048 / R.A. 10172 (administrative corrections at the Local Civil Registry);
- apply for a Philippine passport under DFA Department Order 11-97;
- claim benefits at SSS, GSIS, PhilHealth, Pag-IBIG; or
- process employment, bank, or visa papers.
2. Legal Foundations and Fee-Setting Authority
| Legal Source | Key Provisions Affecting Fees |
|---|---|
| Notarial Law (Rule XI, 2004 Rules on Notarial Practice) | Authorizes notaries to collect “reasonable fees”; requires entry in the Notarial Register. |
| R.A. 10653 (2015) & BIR Rev. Regs. 4-2015 | Sets ₱30 documentary stamp tax (DST) for “oaths and affirmations.” |
| R.A. 9048 (2001) & R.A. 10172 (2012) | Fix civil registry filing fees: ₱1,000 (city/municipality of birth); ₱3,000 (Philippine consul abroad). |
| Rule on Petition to Correct Entry (Rule 108, ROC) | Court filing fees follow the latest Supreme Court A.M. 04-2-04-SC schedule. |
| Executive & Agency Circulars | DFA, SSS, GSIS, etc. publish their own internal schedules for “in-house” affidavit preparation. |
3. Typical Cost Components in 2025
| Stage | Particulars | 2025 Typical Range (₱) | Notes |
|---|---|---|---|
| Drafting | Lawyer’s professional fee (optional) | 500 – 2,000 | Many use free templates; paying a lawyer helps avoid rejection. |
| Notarization | Notarial fee | 200 – 500 | Metro Manila averages: ₱300; provincial averages: ₱200. |
| Documentary Stamp Tax | 30 (fixed) | Revenue stamps are affixed to the original. | |
| Multiple Originals | Extra notarized copies | 50 – 100 per copy | Charged by most notaries. |
| Consular Notarization (PH Embassy/Consulate) | Notarial fee abroad | USD 25 – 30 (~₱1,400 – 1,700) | Payable in local currency; DST not required overseas. |
| Civil Registry Filing (when attached to R.A. 9048/10172 petition) | Filing fee | 1,000 (local) / 3,000 (foreign post) | Paid to the Civil Registrar or Consul. |
| Court Petition (Rule 108) | Docket fee | 3,000 – 8,000 | Depends on city class & value of subject matter (usually set at ₱3,000). |
| Sheriff’s fee / publication | 4,000 – 10,000 | Publication cost varies by newspaper & location. | |
| Agency “Walk-In” Service | DFA “Affidavit for Passport” desk | 350 | Optional; many applicants have an AOD done off-site instead. |
Practical rule of thumb (domestic): Budget at least ₱300 – ₱600 for a basic AOD you prepare yourself; ₱1,000 – ₱2,000 if you want a lawyer to draft and explain it; more if it must accompany a civil registry or court petition.
4. Where to Secure an Affidavit and Pay These Fees
- Any commissioned notary public — most LGU Halls of Justice, city halls, and law offices offer walk-in notarial services.
- Integrated Bar of the Philippines (IBP) legal aid desks — often free for indigent clients (you still supply the ₱30 DST).
- Embassies/Consulates (if abroad) — your AOD will bear a red-ribbon-equivalent “Apostille” or consular seal.
- In-house counters run by DFA, SSS, POEA, etc. Some agencies prepare and notarize while you wait, charging their own flat rate.
5. Step-by-Step Cost Breakdown (Domestic Scenario)
| Step | Action | Out-of-Pocket |
|---|---|---|
| 1 | Draft affidavit (download template or have lawyer draft) | Free / 500+ |
| 2 | Print on legal bond paper (3 × copies) | 10 |
| 3 | Notary fee + DST | 300 (avg) + 30 |
| 4 | Photocopy & certification for submitting to multiple agencies | 50 |
| Total | ≈ ₱390 – ₱1,000+ |
6. Frequently Asked Questions
Can I type my own AOD and pay only the notarial fee? Yes. So long as it is clear, specific, and signed in front of the notary, the notary cannot require you to use their template.
Why do some notaries charge more than ₱500? Volume and location. Business districts and malls include overhead (rent, staff). Night-shift or weekend service also commands a premium.
Is an AOD enough to “fix” my PSA birth certificate? No. The PSA only recognizes final and executory administrative or judicial corrections. Your AOD supports the petition under R.A. 9048/10172 or a Rule 108 case.
What happens if the discrepancy is material (e.g., change of sex or nationality)? You must file a Rule 108 petition in the Regional Trial Court. Expect legal fees (attorney’s fees + docket + publication) to exceed ₱20,000.
Do I pay DST twice if I notarize multiple originals? The Bureau of Internal Revenue requires one ₱30 stamp per notarized document, not per copy. Extra certified true copies stamped “original on file” need no additional DST.
Can I use remote or electronic notarization? Yes, under A.M. 22-06-01-SC (Rules on E-Notarization, effective 2023). Fees mirror traditional notarization but you also pay an e-platform convenience fee (₱100 – ₱300).
7. Tips to Keep Fees Down
- Consolidate discrepancies—if multiple records share the same error, reference them all in one affidavit.
- Indigent waivers—Civil Registrars may waive R.A. 9048 fees upon a DSWD “Certificate of Indigency.”
- Shop around—small neighborhood notaries charge far less than mall-based stalls.
- Ask your agency first—some offices (e.g., Pag-IBIG) accept an “Affidavit of One and the Same Person” prepared in-house for free.
8. Penalties and Surcharges
| Situation | Added Cost |
|---|---|
| Late filing of R.A. 9048 petition (filed after 10 years from majority) | +₱500 surcharge |
| Insufficient DST (discovered on audit) | 25 % surcharge + 12 % interest p.a. under the Tax Code |
| Fake notarization (“non-lawyer notary”) | Document void; you’ll pay again before a valid notary and may face criminal charges under Art. 171 RPC. |
9. The Bottom Line
For a straightforward name-or-date mismatch, the Affidavit of Discrepancy is inexpensive—usually under ₱600 if you DIY and go to a regular notary. The bigger expenses arise later, when you use the affidavit to obtain a formal correction from the Civil Registry, DFA, or—worst-case—a trial court. Knowing the fee schedule helps you budget and avoid unscrupulous “fixers.”
Disclaimer: This article is for general informational purposes (May 29 2025) and does not substitute for legal advice. Fees cited are typical but may change via new ordinances, agency circulars, or Supreme Court issuances. Always verify with the relevant office before payment.