Introduction

In the Philippines, participation in contests—whether artistic, literary, photographic, or inventive—often requires contestants to affirm the originality of their submissions. This is typically done through an Affidavit of Originality, a sworn legal document declaring that the work is the contestant's original creation and not derived from unauthorized sources. Notarization elevates this affidavit to a public document, lending it evidentiary weight under Philippine law. This process is governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, and relevant provisions of the Civil Code and Revised Penal Code.

This article provides a comprehensive guide to obtaining a notarized Affidavit of Originality for contests in the Philippine context. It covers the legal framework, preparation steps, notarization procedure, potential pitfalls, and related considerations. While this serves as an informative resource, individuals are advised to consult a licensed attorney for personalized advice, as legal requirements may evolve or vary by jurisdiction.

Legal Framework and Purpose

Definition and Legal Basis

An Affidavit of Originality is a written declaration under oath, attesting that the submitted work (e.g., a poem, painting, design, or invention) is the affiant's (declarant's) original intellectual property. It typically includes statements denying plagiarism, infringement, or unauthorized use of others' works. Under Philippine law, affidavits are classified as jurats when they involve oaths or affirmations without acknowledgment of execution (Rule II, Section 6 of the Notarial Rules).

The notarization process is rooted in Republic Act No. 386 (Civil Code of the Philippines), which recognizes notarized documents as prima facie evidence of their contents, and Executive Order No. 292 (Administrative Code of 1987), which outlines notarial functions. For intellectual property aspects, Republic Act No. 8293 (Intellectual Property Code of the Philippines) underscores the importance of originality in copyrights, patents, and trademarks, making such affidavits crucial for contests involving creative works.

Purpose in Contests

Contests in the Philippines, such as those organized by government agencies (e.g., Department of Education's art competitions), private entities (e.g., corporate-sponsored writing contests), or international bodies with local chapters, mandate this affidavit to:

Protect organizers from liability for intellectual property disputes.
Ensure fair competition by deterring plagiarism.
Provide legal recourse if falsehoods are discovered, potentially leading to disqualification, civil damages, or criminal charges under Article 172 of the Revised Penal Code (Falsification by Private Individual).
Comply with contest rules, which may reference Philippine laws on perjury (Article 183, Revised Penal Code) for false swearing.

Failure to submit a notarized affidavit can result in entry rejection, while a false one may expose the affiant to penalties, including fines or imprisonment.

Requirements for the Affidavit

Eligibility

Any individual of legal age (18 years or older) can execute an Affidavit of Originality. Minors may do so with parental or guardian consent, often requiring additional notarized waivers. The affiant must be of sound mind and not under duress.

Content Essentials

A standard Affidavit of Originality should include:

Personal Details: Full name, age, civil status, residence, and nationality of the affiant.
Contest Details: Name of the contest, organizer, submission title/description, and entry date.
Declaration of Originality: Explicit statements that the work is original, created solely by the affiant (or collaborators, if applicable), and free from infringement.
Supporting Facts: Brief description of the creation process, sources of inspiration (if any), and denial of copying.
Oath Clause: Affirmation of truthfulness under penalty of perjury.
Signature and Date: Space for the affiant's signature.

Optional elements include attachments like the contest entry or proof of creation (e.g., timestamps). The document must be in English or Filipino, or accompanied by a certified translation if in another language.

Supporting Documents

To notarize, the affiant needs:

Valid government-issued ID (e.g., passport, driver's license, SSS/GSIS ID) showing photo and signature.
Two witnesses (if required by the notary, though not mandatory for jurats).
Contest rules or entry form referencing the affidavit requirement.

Step-by-Step Process to Prepare and Notarize

Step 1: Drafting the Affidavit

Draft the document yourself or seek assistance from a lawyer, legal aid office, or online templates from reputable sources like the Integrated Bar of the Philippines (IBP). Ensure clarity and conciseness—typically 1-2 pages. Use formal language, avoiding ambiguities that could invalidate the oath.

Sample Structure:

Heading: "Republic of the Philippines) City/Municipality of [Location]) S.S."
Body: Declarations as outlined above.
Subscription: "Subscribed and sworn to before me this [date] day of [month], [year], affiant exhibiting [ID details]."

Step 2: Finding a Notary Public

Notaries in the Philippines are licensed attorneys appointed by the Supreme Court. Locate one via:

Local IBP chapters.
Law firms or legal clinics.
Government offices (e.g., Municipal Trial Courts, Regional Trial Courts).
Public Attorneys' Office (PAO) for indigent individuals.
Embassies or consulates for overseas Filipinos.

Notaries must be commissioned for the specific jurisdiction (e.g., a Manila notary cannot notarize in Cebu unless authorized).

Step 3: Executing the Affidavit

Appear personally before the notary.
Present ID for verification.
Read and affirm the contents (the notary administers the oath: "Do you swear/affirm that the statements are true?").
Sign in the notary's presence.
The notary signs, seals, and records the act in their notarial register.

The process usually takes 15-30 minutes, assuming no issues.

Step 4: Payment and Receipt

Notarial fees are regulated by the Supreme Court:

P200-P500 for affidavits (varies by complexity and location).
Additional charges for copies or urgent services.
Free for indigents via PAO.

Request a notarial certificate and pay via cash or authorized modes. Retain originals and copies.

Step 5: Submission to Contest Organizers

Submit the notarized affidavit with your entry, often via mail, email (scanned), or in-person. Ensure it meets deadlines.

Common Pitfalls and Remedies

Incomplete Drafts: Omissions can lead to rejection; double-check against contest rules.
ID Issues: Expired or mismatched IDs invalidate notarization; renew in advance.
Jurisdictional Errors: Use a notary from the execution venue.
False Statements: Perjury risks fines (P6,000-P12,000) or imprisonment (arresto mayor).
Notary Misconduct: Report unethical notaries (e.g., overcharging) to the IBP or Supreme Court.
Digital Notarization: Under the Electronic Commerce Act (RA 8792) and recent Supreme Court guidelines (post-2020 amendments), remote online notarization (RON) is available for certain documents, but affidavits for contests may still require in-person appearance unless specified.

If errors occur post-notarization, execute a new affidavit or file a correction via court petition.

Costs and Accessibility

Beyond notarial fees, consider:

Drafting: Free (self) or P500-P2,000 (lawyer).
Transportation: Varies by location.
Copies: P10-P50 per page.

For low-income individuals, free services are available through PAO, IBP legal aid, or barangay justice systems. In rural areas, mobile notaries or court-based services enhance accessibility.

Validity and Enforcement

A notarized affidavit is valid indefinitely unless revoked or proven false. It serves as evidence in disputes, admissible in courts without further authentication. For international contests, apostille (via DFA) may be needed under the Apostille Convention (effective in the Philippines since 2019).

Enforcement involves:

Contest disqualification for non-compliance.
Civil suits for damages if infringement is proven.
Criminal prosecution for falsification or perjury.

Special Considerations for Different Contests

Artistic/Literary: Emphasize copyright under IP Code; include creation dates.
Inventions: Reference patent requirements; may need additional IP declarations.
School Contests: Minors require guardian co-signatures.
Online Contests: Digital signatures possible, but notarization adds credibility.
Government-Sponsored: Strict adherence to rules; may involve additional oaths.

Conclusion

Obtaining a notarized Affidavit of Originality is a straightforward yet essential step for contest participants in the Philippines, ensuring ethical submissions and legal protection. By following the outlined process, individuals can confidently affirm their creativity while complying with national laws. Always prioritize accuracy to avoid legal repercussions, and consider professional legal guidance for complex scenarios. This practice not only upholds contest integrity but also fosters a culture of originality in Philippine society.