An affidavit is a written statement of facts that you swear to be true before a person authorized to administer an oath, usually a notary public. In the Philippines, people commonly need affidavits for lost IDs, name discrepancies, delayed birth registration, school or employment requirements, immigration papers, court filings, real estate transactions, and family matters. The key is not to write something “legal-sounding.” The key is to write a clear, truthful, properly organized statement based on your personal knowledge, then have it notarized correctly.

What Is an Affidavit in the Philippines?

An affidavit is a sworn statement. The person making it is called the affiant. The affiant signs the document and swears or affirms before a notary public or other authorized officer that the facts stated are true.

A good affidavit does three things:

Identifies the affiant clearly.
States facts in a simple, chronological, and specific way.
Explains why the affidavit is being executed.

For example, an affidavit of loss should not merely say, “I lost my ID.” It should say what was lost, when it was last seen, where the loss probably happened, what efforts were made to find it, and why the affidavit is needed.

Under the 2004 Rules on Notarial Practice, a jurat is the notarial act normally used for affidavits. For a jurat, the person must appear before the notary, be identified through competent evidence of identity, sign the document in the notary’s presence, and take an oath or affirmation before the notary.

Why Notarization Matters

Notarization is not just a stamp. The Supreme Court has repeatedly explained that notarization converts a private document into a public document, making it admissible in evidence without further proof of authenticity. A notarized document is generally entitled to full faith and credit on its face, although it can still be challenged with proper evidence. (Lawphil)

This is why banks, schools, employers, government agencies, courts, and embassies often require notarized affidavits. The notary is not certifying that every factual statement is true. The notary is certifying the notarial act: that the affiant appeared, was identified, signed, and swore to the document.

Legal Basis for Affidavits and Notarization

Legal basis	Why it matters when drafting an affidavit
2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC	Governs traditional notarization of paper affidavits. It requires personal appearance, proper identification, signing before the notary, and a proper jurat.
Revised Penal Code, Article 183, as amended by RA 11594 (2021)	Penalizes perjury when a person knowingly makes untruthful statements under oath or in an affidavit on a material matter before a person authorized to administer an oath. (Lawphil)
2019 Revised Rules on Evidence, A.M. No. 19-08-15-SC	Important when affidavits are used in court. A sworn statement may still be treated as hearsay if the affiant does not testify and cannot be cross-examined, unless a rule or exception applies. (Lawphil)
Judicial Affidavit Rule, A.M. No. 12-8-8-SC	Applies to many court proceedings where a judicial affidavit replaces direct testimony and must follow a special question-and-answer format. (Supreme Court E-Library)
Civil Code, Article 1358	Explains why some legal acts and contracts should appear in a public document, especially transactions involving immovable property. The Supreme Court has clarified that this form is often for efficacy or evidentiary convenience, not always for validity. (Lawphil)
Electronic Commerce Act, RA 8792 (2000)	Recognizes electronic documents and electronic signatures when legal requirements are met. (Lawphil)
Rules on Electronic Notarization, A.M. No. 24-10-14-SC (2025)	Allows electronic notarization of electronic documents through in-person electronic notarization and remote electronic notarization, while paper documents with handwritten signatures remain governed by the 2004 Notarial Rules. (Supreme Court E-Library)

Basic Parts of an Affidavit

Most Philippine affidavits follow this structure:

Venue

Example:

REPUBLIC OF THE PHILIPPINES ) CITY OF QUEZON ) S.S.

The venue tells where the affidavit is being sworn. “S.S.” means scilicet, usually used to indicate the place of execution.
Title

Examples:
- Affidavit of Loss
- Affidavit of Discrepancy
- Affidavit of Support and Guarantee
- Affidavit of Two Disinterested Persons
- Affidavit of Undertaking
- Joint Affidavit
- Counter-Affidavit
Affiant’s personal details

Include the full name, age, civil status, citizenship, address, and sometimes occupation.
Statement of capacity and oath

A common opening is:

“I, Juan Dela Cruz, of legal age, Filipino, single, and residing at ___, after having been duly sworn in accordance with law, hereby depose and state that:”
Numbered factual statements

Use numbered paragraphs. Keep each paragraph short and limited to one idea.
Purpose clause

Example:

“I am executing this affidavit to attest to the truth of the foregoing facts and for submission to the Land Transportation Office in support of my request for replacement of my lost driver’s license.”
Signature of the affiant

The affiant signs above printed name.
Jurat

The jurat is completed by the notary. It usually begins with:

“SUBSCRIBED AND SWORN to before me this ___ day of ___ 20__, in ___, affiant exhibiting to me his/her competent evidence of identity…”
Notarial details

The notary fills in the Doc. No., Page No., Book No., Series of the notarial register, plus the notary’s commission details, roll number, PTR, IBP, and office address.

Step-by-Step Guide: How to Draft an Affidavit in the Philippines

1. Identify the exact purpose of the affidavit

Before writing, ask: Where will this be submitted and what fact does the receiving office need to verify?

A school may need an affidavit explaining a name discrepancy. The PSA may need supporting facts for delayed registration. A bank may need an affidavit of loss for a passbook. The DFA or a foreign embassy may require a specific format for travel, visa, or support documents.

Do not use a generic affidavit if the receiving agency has its own form. Many government offices, embassies, schools, and banks reject affidavits that do not follow their required template.

2. State only facts you personally know

An affidavit should be based on personal knowledge. Avoid guesses, opinions, exaggerations, and statements that begin with “I heard that…” unless you clearly explain the source and relevance.

Weak statement:

I believe my birth certificate is wrong because someone made a mistake.

Better statement:

My PSA-issued birth certificate states my first name as “Maria Cristina,” while my school records, passport, and government IDs consistently state my first name as “Ma. Cristina.” Both names refer to one and the same person, myself.

3. Use a chronological order

For events like loss, accident, separation, payment, or property possession, arrange the facts by date.

Example for affidavit of loss:

I am the registered owner of a Philippine passport with Passport No. ___.
On 10 January 2026, I placed the passport inside my black shoulder bag.
On the same day, while traveling from Cubao to Makati, I discovered that the passport was missing.
I searched my bag, residence, and workplace but could no longer find it.
I reported the loss to the police station at ___ on ___.
I am executing this affidavit to request replacement or cancellation of the lost passport.

4. Be specific with names, dates, places, and documents

Specific details make an affidavit more credible and useful.

Include:

Complete names, not nicknames
Dates, or at least approximate dates if exact dates are unavailable
Full addresses or identifiable locations
Document numbers when available
Names of agencies or offices involved
Relationship of persons mentioned

If you are not sure of the exact date, do not invent one. Say “on or about” or “sometime in” if that is truthful.

5. Avoid emotional language

Affidavits should be calm and factual. Avoid insults, threats, dramatic descriptions, or unnecessary accusations.

Instead of:

My former employer maliciously and cruelly refused to pay me.

Write:

My employment ended on ___. As of the date of this affidavit, I have not received my final pay covering ___, despite my written request dated ___.

6. Attach supporting documents when useful

Attachments are not always required, but they often help. Mark them clearly as Annex “A,” Annex “B,” and so on.

Common attachments include:

Type of affidavit	Helpful attachments
Affidavit of Loss	Copy of lost item if available, police report if required, government ID
Affidavit of Discrepancy	PSA certificate, passport, school records, valid IDs
Affidavit of Support	Proof of income, bank certificate, employment certificate, passport copy
Affidavit of Two Disinterested Persons	IDs of the two affiants, documents showing the fact being confirmed
Affidavit for court or quasi-judicial case	Documentary evidence marked as exhibits, if required by rules

7. Review every statement before signing

Read the affidavit slowly before signing. Check:

Spelling of names
Dates
Addresses
ID numbers
Passport or certificate numbers
Gender, civil status, and citizenship
Names of agencies and offices
Consistency with attached documents

Even small discrepancies can cause rejection, especially for immigration, PSA, DFA, bank, insurance, real estate, and court-related use.

8. Sign only before the notary public

For a jurat, the affiant must sign the affidavit in the presence of the notary and take an oath or affirmation. The notary must also identify the affiant through competent evidence of identity.

Do not sign at home and simply send the document to someone else for notarization. Under the 2004 Notarial Rules, the notary must not perform the notarial act if the signatory is not personally present at the time of notarization or is not properly identified.

Sample Affidavit Format in the Philippines

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT OF ______

I, [FULL NAME], of legal age, [citizenship], [civil status], and residing at [complete address], after having been duly sworn in accordance with law, hereby depose and state that:

1. I am [state relevant identity, relationship, position, or ownership];

2. [State the first fact clearly and specifically];

3. [State the next fact, preferably in chronological order];

4. [State any supporting details, documents, or actions taken];

5. I am executing this affidavit to attest to the truth of the foregoing facts and for [state specific purpose and office/agency where it will be submitted].

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__ in __________________, Philippines.

[Signature]
[FULL NAME]
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__ in __________________, Philippines, affiant personally appearing and exhibiting to me his/her competent evidence of identity: [ID type, ID number, date/place issued or expiry date].

Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 20__.

What ID Do You Need for a Notarized Affidavit?

For traditional paper notarization, the 2004 Rules on Notarial Practice define competent evidence of identity as at least one current identification document issued by an official agency bearing the photograph and signature of the individual, or the oath or affirmation of credible witnesses under the conditions stated in the Rules.

In practice, notaries commonly ask for one or two government-issued IDs, such as:

Passport
Driver’s license
PRC ID
UMID or SSS ID
GSIS ID
PhilHealth ID, if accepted by the notary
Postal ID, if valid and accepted
Voter’s ID or voter’s certification
Senior citizen ID
PWD ID
ACR I-Card for foreigners
Other official government ID with photo and signature

A cedula or community tax certificate alone is usually not enough for modern notarization because the rule requires competent evidence of identity with the required features or credible witnesses under the rule.

Common Types of Affidavits in the Philippines

Affidavit of Loss

Used when an ID, passport, title, certificate, receipt, ATM card, passbook, plate, or other document or item is lost. Be specific about the item, identifying number, circumstances of loss, and efforts to find it.

Affidavit of Discrepancy

Used when a person’s name, birth date, spelling, or other details differ across documents. It does not automatically correct a PSA record, title, or government database. It only explains the discrepancy. Some errors require administrative correction or court proceedings.

Affidavit of Two Disinterested Persons

Often used for delayed birth registration, correction-related support, or proving facts known in the community. “Disinterested” usually means the affiants are not the direct beneficiaries and have no personal financial interest in the matter.

Affidavit of Support and Guarantee

Commonly used for visa, travel, and immigration purposes. It should match the requirements of the embassy, consulate, airline, Bureau of Immigration, or foreign authority that will evaluate it.

Judicial Affidavit

A judicial affidavit is not an ordinary narrative affidavit. It usually follows a question-and-answer format, identifies exhibits, and includes a lawyer’s attestation when required. Under the Judicial Affidavit Rule, judicial affidavits can take the place of direct testimony in many proceedings. (Supreme Court E-Library)

Counter-Affidavit

Used to respond to allegations, often in criminal complaints before the prosecutor’s office, labor cases, administrative cases, or barangay-related disputes. It should answer the allegations point by point and attach supporting documents.

Affidavits for Filipinos Abroad and Foreigners in the Philippines

If you are abroad and need an affidavit for use in the Philippines, check the receiving office’s requirement first. Common options include:

Situation	Usual approach
Filipino abroad signing for use in the Philippines	Sign before a Philippine Embassy or Consulate, or follow the required authentication/apostille process depending on the country and receiving agency.
Foreign document notarized abroad for use in the Philippines	If the country is covered by the Apostille Convention and the Philippine receiving office accepts it, the document may need an apostille from the foreign competent authority.
Philippine affidavit for use abroad	After notarization in the Philippines, it may need a DFA Apostille if it will be used in another Apostille Convention country. The DFA’s Apostille system covers documents for foreign use and uses online appointments for DFA Aseana and consular offices with authentication services. (Apostille Government of the Philippines)
Electronic notarization	Under the 2025 Rules on Electronic Notarization, remote electronic notarization is available for electronic documents through an accredited Electronic Notarization Facility, subject to the Rules. (Supreme Court E-Library)

For principals located outside the Philippines, the 2025 Rules allow limited extraterritorial electronic notarization only when the principal is within the premises of a Philippine embassy, Philippine consular office, or office of a Philippine Honorary Consul abroad, and the electronic notary public is in the Philippines under the conditions of the Rules. (Supreme Court E-Library)

Paper Notarization vs Electronic Notarization

Issue	Paper affidavit	Electronic affidavit
Governing rule	2004 Rules on Notarial Practice	2025 Rules on Electronic Notarization
Signature	Handwritten or wet signature	Electronic signature through an accredited system
Appearance	Physical appearance before notary	In-person electronic notarization or remote electronic notarization
Document type	Paper document	Electronic document, generally PDF or PDF/A under the Rules
Legal effect	Public document if properly notarized	Same validity, force, and effect as notarial acts under the 2004 Rules if performed according to the 2025 Rules
Important limitation	Notary must not notarize if signer is absent or not identified	Rules do not apply to notarial wills, deposition taking, and paper documents with wet signatures or marks (Supreme Court E-Library)

Common Mistakes That Cause Affidavits to Be Rejected

1. The affidavit is too vague

Statements like “I lost my document” or “my name is wrong” are often not enough. Explain the who, what, when, where, why, and how.

2. The affidavit contains legal conclusions instead of facts

Do not write, “I am the lawful owner” if the real issue is disputed and you have not explained the factual basis. State the facts: purchase date, seller, document, possession, tax declaration, title number, or receipts.

3. The affiant has no personal knowledge

An affidavit should normally be made by the person who personally knows the facts. If a parent, spouse, employer, barangay official, or witness is the person with direct knowledge, that person may need to execute the affidavit.

4. The notarial details are incomplete

A notarized affidavit should have a proper notarial certificate. The notary must record notarial acts in the notarial register, including entry number, page number, date and time, type of notarial act, document description, principal’s name and address, identity evidence, fee, and other relevant details.

5. The document is blank or incomplete

A notary public must not notarize a blank or incomplete instrument or a document without appropriate notarial certification.

6. The affidavit is being used as a shortcut for a different legal process

An affidavit may explain facts, but it usually cannot replace a required government procedure. For example:

A name discrepancy affidavit does not automatically correct a PSA birth certificate.
An affidavit of loss does not by itself cancel a lost title.
An affidavit of support does not guarantee visa approval.
A self-serving affidavit may not be enough in a contested court case if the affiant is not presented for cross-examination.

Practical Checklist Before You Go to the Notary

Bring the following:

Final printed affidavit, unsigned unless the notary instructs otherwise
Valid government-issued ID with photo and signature
Supporting documents or photocopies, if relevant
Personal details needed for the affidavit
Exact name of the receiving office or agency
Payment for notarial fee
Extra photocopies, especially if submitting to banks, schools, embassies, or government offices

The 2004 Notarial Rules allow notaries to charge fees prescribed by the Supreme Court, issue BIR-registered receipts when charging notarial fees, keep a fee journal, and post a schedule of notarial fees in the office.

Frequently Asked Questions

Can I draft my own affidavit in the Philippines?

Yes. You may draft your own affidavit as long as it clearly states truthful facts based on personal knowledge and follows the required format. The notary may still review it and refuse notarization if the document is incomplete, unlawful, improper, or if you cannot be properly identified.

Does an affidavit need to be notarized?

Most affidavits for official use must be notarized because the oath or affirmation is what makes the statement sworn. Some offices may accept unsworn written explanations, but if the document is called an affidavit, it is normally expected to be sworn and notarized.

Can I sign an affidavit before going to the notary?

For a jurat, you should sign before the notary because the notarial act requires signing in the notary’s presence and taking an oath or affirmation.

Is a notarized affidavit already proof that everything stated is true?

Not necessarily. Notarization gives the document legal form and evidentiary weight as a public document, but the facts can still be disputed. In court, the affiant may need to testify and be cross-examined.

What happens if I lie in an affidavit?

Knowingly making false statements under oath on a material matter may expose you to perjury under Article 183 of the Revised Penal Code, as amended by RA 11594. (Lawphil)

Can a foreigner execute an affidavit in the Philippines?

Yes. A foreigner may execute an affidavit in the Philippines if properly identified, usually through a passport, ACR I-Card, or other acceptable official ID. The affidavit should state the foreigner’s citizenship and Philippine address or temporary address.

Can I use an affidavit abroad?

Often, yes, but the foreign receiving authority may require a DFA Apostille after notarization in the Philippines. If the country is not covered by the Apostille Convention or has special requirements, additional legalization or consular steps may be needed.

Is online notarization allowed in the Philippines?

Electronic notarization is allowed under the 2025 Rules on Electronic Notarization for electronic documents through in-person electronic notarization or remote electronic notarization using an accredited Electronic Notarization Facility. Paper documents with wet signatures remain under the 2004 Notarial Rules. (Supreme Court E-Library)

What is the difference between an affidavit and a judicial affidavit?

An ordinary affidavit is usually a narrative sworn statement for general use. A judicial affidavit is used in court or similar proceedings and usually follows a structured question-and-answer format, identifies exhibits, and may replace direct testimony under the Judicial Affidavit Rule. (Supreme Court E-Library)

Key Takeaways

An affidavit is a sworn statement of facts, not a place for guesses, arguments, or exaggerations.
Use clear numbered paragraphs and state facts in chronological order.
For paper affidavits, the affiant must personally appear before the notary, be properly identified, sign before the notary, and swear to the document.
A notarized affidavit becomes a public document, but its factual statements can still be challenged.
False statements in an affidavit may lead to perjury or other legal consequences.
For court use, check whether a judicial affidavit or special format is required.
For documents used abroad, check apostille, embassy, consular, or receiving-agency requirements before signing.
Never leave blanks, never sign for another person, and never ask for notarization without personal appearance.