In the Philippine legal system, a Sworn Declaration—commonly referred to as an Affidavit—is a written statement of facts, voluntarily made by an individual (the affiant) under an oath or affirmation administered by a person authorized by law. These documents serve as vital evidence in administrative proceedings, judicial cases, and private transactions.
1. Essential Components of a Sworn Declaration
To be legally valid and enforceable, a sworn declaration typically follows a standard format prescribed by Philippine legal practice:
- Title: Clearly states the nature of the document (e.g., "Affidavit of Loss," "Affidavit of Support").
- Venue (Scilicet): Indicates where the document is being notarized (e.g., Republic of the Philippines, City of Makati, s.s.).
- Preamble: Identifies the affiant by name, age, civil status, nationality, and residence.
- The Statement of Facts: The body of the declaration, written in numbered paragraphs, stating the facts clearly and truthfully based on the affiant's personal knowledge or authentic records.
- Signature Line: Where the affiant signs the document.
- Jurat: The concluding part where the notary public certifies that the affiant appeared in person, signed the document in their presence, and took an oath.
2. The Step-by-Step Process
Step 1: Drafting the Document
The affiant must narrate the facts accurately. In the Philippines, these are usually written in English or Filipino, though English is standard for formal legal submissions. It is critical that every statement is truthful, as any falsehood can lead to criminal liability.
Step 2: Personal Appearance
Under the 2004 Rules on Notarial Practice, the affiant must personally appear before the Notary Public. "Remote" notarization via video call is only permitted under very specific Supreme Court rules (the Rules on Interim Ritual Notarization) and is not the standard for everyday declarations.
Step 3: Presentation of Competent Evidence of Identity
The notary public must verify the identity of the affiant. In the Philippines, this requires "Competent Evidence of Identity," which includes:
- A current identification card issued by an official agency bearing the photograph and signature of the individual.
- Alternatively, the oath of one credible witness not privy to the instrument who is personally known to the notary, or the oath of two credible witnesses who know the affiant.
| Accepted Government IDs |
|---|
| Philippine Passport |
| Driver’s License |
| Professional Regulations Commission (PRC) ID |
| Unified Multi-Purpose ID (UMID) |
| Philippine Identification (PhilID / National ID) |
| Voter's ID / Certification |
| SSS / GSIS ID |
Step 4: Signing and Taking the Oath
The affiant signs the document in the presence of the notary. The notary then administers the oath, typically asking: "Do you swear that the contents of this declaration are true to the best of your knowledge and belief?"
Step 5: Notarization and Recording
The notary public affixes their signature and notarial seal. They must also record the transaction in their Notarial Register, noting the document number, page number, and book number.
3. The Distinction: Jurat vs. Acknowledgment
It is important to understand which notarial act applies to a sworn declaration:
- Jurat: Used for sworn declarations. The notary certifies that the affiant took an oath before them. It usually contains the phrase: "Subscribed and sworn to before me..."
- Acknowledgment: Used for contracts and deeds. The notary certifies that the person signing the document did so voluntarily and that it is their free act and deed.
4. Legal Consequences of Falsehood
Executing a sworn declaration is a serious legal undertaking. Under Article 183 of the Revised Penal Code of the Philippines, any person who knowingly makes untruthful statements in a sworn declaration on a material matter may be charged with Perjury.
Note on Perjury: The penalty for perjury includes imprisonment (arresto mayor in its maximum period to prision correccional in its minimum period). Truthfulness is the absolute defense and the primary requirement.
5. Common Types of Sworn Declarations
- Affidavit of Loss: To declare the loss of a physical object like a Driver's License or Title.
- Affidavit of Support and Guarantee: Often required for Filipinos traveling abroad to prove financial backing.
- Affidavit of One and the Same Person: To clarify discrepancies in names across different documents.
- Counter-Affidavit: A respondent’s formal reply to a criminal complaint during a preliminary investigation.
6. Where to Get Notarized
- Private Notaries: Found in law offices and stalls near city halls or courts.
- Public Attorneys (PAO): Indigent litigants may seek free notarial services from the Public Attorney’s Office.
- Government Agencies: Certain officials (like specific Clerk of Courts) are authorized to administer oaths for documents related to their official functions.
- Consular Officers: For Filipinos abroad, a sworn declaration must be executed at the Philippine Embassy or Consulate to be recognized in the Philippines.