In the immediate aftermath of a vehicular accident, the atmosphere is often characterized by shock, physical pain, and confusion. It is under these high-stress conditions that many individuals provide their initial "Sinumpaang Salaysay" (Sworn Statement) to police investigators.
As the fog of the incident clears, a party may realize that their initial statement contained inaccuracies, omitted crucial details, or misidentified key facts. In the Philippine legal setting, correcting the record is possible, but it must be handled with procedural precision to maintain the affiant’s credibility.
1. The Legal Status of a Sworn Statement
A Sworn Statement is a written record of facts signed by the affiant and notarized or administered by an authorized officer (typically a prosecutor or a police officer). Under Philippine law, once you sign a statement under oath, you are attesting to its truthfulness under pain of Perjury (Article 183, Revised Penal Code).
However, the law and the Supreme Court recognize that human memory is fallible, especially during traumatic events. An amendment is not an admission of lying; rather, it is a formal mechanism to ensure the "interests of justice" are served by having an accurate record.
2. Modes of Amending Your Statement
In the Philippines, you do not simply "edit" the original document. Once a statement is filed with the police or the prosecutor’s office, it becomes part of the official record. There are two primary ways to address errors:
- Supplemental Sworn Statement: This is the most common method. Instead of retracting the first statement, you execute a second statement that "supplements" or adds to the first. It clarifies specific points or provides newly remembered information.
- Affidavit of Clarification/Correction: This is used when a specific error (such as the plate number, the time of the accident, or the direction of travel) needs to be explicitly corrected.
3. The Procedure for Amendment
If you need to amend your statement during the investigation or preliminary investigation stage, follow these steps:
- Draft the Supplemental Affidavit: Clearly state which parts of the original statement are being clarified or corrected.
- Explain the Inconsistency: It is vital to provide a valid reason why the information was missing or incorrect in the first instance (e.g., "Due to the state of shock and physical injuries sustained during the collision, I was unable to recall the exact sequence of events...").
- Oath and Notarization: Just like the original, the supplemental statement must be sworn before a person authorized to administer oaths.
- Submission: * At the Police Level: Submit the supplemental statement to the investigating officer or the Traffic Enforcement Unit handling the case. Ensure you get a "Received" copy.
- At the Prosecutor Level: If the case has moved to Preliminary Investigation, file the supplemental statement as part of your Reply or through a formal Motion to Admit.
4. Risks and Challenges: The "Affidavit of Desistance" vs. Amendment
It is crucial to distinguish an Amendment from an Affidavit of Desistance.
- An Amendment seeks to correct the facts to move the case forward accurately.
- An Affidavit of Desistance is a statement where the complainant says they are no longer interested in pursuing the case (often due to a settlement).
Warning: The Supreme Court generally views sudden changes in testimony with suspicion. If an amendment flatly contradicts the original statement on a material point (e.g., first saying the light was green, then later saying it was red), it may be used by the opposing counsel to impeach your credibility during cross-examination.
5. Key Considerations for the Affiant
| Factor | Description |
|---|---|
| Timeliness | The sooner the amendment is filed, the more credible it appears. Waiting months to "remember" a key detail can look like an afterthought or fabrication. |
| Consistency | Ensure the new details align with objective evidence, such as dashcam footage, CCTV, or the police "Sketsa" (sketch of the scene). |
| Corroboration | If you are correcting a fact, try to provide evidence (like a medical certificate showing head trauma) that explains why the first statement was inaccurate. |
6. Judicial Perspective on Inconsistencies
Philippine jurisprudence (notably People vs. Villanueva) often holds that "minor inconsistencies" in a sworn statement do not necessarily destroy the credibility of a witness, as affidavits are "almost always incomplete and often inaccurate." However, inconsistencies involving the identity of the driver or the proximate cause of the accident are considered material and must be handled with extreme caution.
Legal Note: While an amendment can correct the record, the original statement remains in the file. A skilled lawyer can still use the original statement to question your reliability. Therefore, any amendment should be drafted with the assistance of legal counsel to ensure the explanation for the change is legally sound.