How to Get an Affidavit or Certification of Video Authenticity in the Philippines

Scope & audience. This practical guide is written for complainants, accused parties, counsel, investigators, corporate custodians (e.g., CCTV admins), and anyone who needs to submit a video as evidence in the Philippines—whether in court (criminal/civil), before administrative bodies, or for internal investigations and HR cases.

Quick takeaway. In the Philippines, a video can be admitted and given weight if you (1) preserve the original and its integrity, (2) authenticate it through a sworn statement (affidavit) or a custodian’s certification, and (3) are able to explain the chain of custody and the system or method that produced the video. Notarization validates the oath/signature; it does not by itself prove the video is genuine.

1) What “Affidavit/Certification of Video Authenticity” Means (PH context)

Affidavit of Video Authenticity: A sworn statement by a person with knowledge (e.g., the person who recorded the video, extracted it, or is the custodian) stating what the video is, how it was created/acquired, how it was preserved, and that it has not been altered (or explaining any transformations like format conversion). Usually notarized by jurat (affiant swears to the truth).
Certification of Authenticity: A non-testimonial statement typically issued by a records/custodian (e.g., CCTV admin, company IT) on letterhead confirming the video came from their system and describing the system’s reliability, retention, and extraction process. It can be notarized, too.
Forensic Examination Report / Examiner’s Affidavit: Issued by NBI/PNP digital forensics units or private examiners, detailing technical verification (e.g., hash values, metadata, absence of tampering) and the method used (e.g., bit-for-bit imaging).

These documents help meet authentication and reliability requirements under the Rules on Electronic Evidence and the Revised Rules on Evidence in the PH.

2) Legal Framework (high-level, PH)

Rules on Electronic Evidence (A.M. No. 01-7-01-SC):
- Treats a video file as an electronic document/data message.
- Requires authentication (prove it is what you claim it is).
- Courts assess integrity and reliability of the method of generation, storage, and communication (hashes, logs, system description, chain of custody).
Revised Rules on Evidence (Rule 130, et al.):
- Allows videos to be authenticated by a witness with knowledge (“pictorial testimony” theory) or by evidence of a reliable process/system (“silent witness” theory).
- Hearsay exceptions may apply to records of regularly conducted activity (e.g., business/CCTV logs maintained in the ordinary course).
2004 Rules on Notarial Practice (as amended):
- Sets requirements for notarization (personal appearance; competent evidence of identity like a government ID).
- Affidavits are usually notarized by jurat (notary administers the oath).
Data Privacy Act of 2012 (RA 10173):
- Personal data in videos must be processed lawfully; litigation/establishment/defense of legal claims and legitimate interests are recognized bases. Consider redaction/minimization for filing public records.
Anti-Wiretapping Act (RA 4200):
- Criminalizes secret audio recording of private communications without required consent/court authority. Silent video without audio is generally treated differently, but tread carefully—if audio is present, ensure consent or lawful grounds.
Cybercrime Prevention Act (RA 10175) and special penal laws:
- Provide tools for law enforcement to obtain provider records, and impose penalties for certain acts involving electronic data.

⚠️ Note: Notarization proves that the affiant appeared and swore; it does not certify that the video is genuine. Authenticity is proven by facts, technical measures, and credible testimony.

3) When You Need It (use-cases)

Filing a criminal complaint (e.g., theft caught on CCTV, online threats recorded via screen capture, road-rage dashcam).
Defending against a charge (bodycam/phone video that exculpates).
Civil cases (breach of contract, property damage).
Administrative/HR cases (workplace incidents, harassment).
Regulatory complaints (DTI, SEC, PRC, etc.).

4) Who Can Sign What

Document	Typical Signer	When to Use
Affidavit of Authenticity (Recorder/Witness)	Person who recorded or witnessed and knows the circumstances	Phone video, dashcam, screen recording, livestream capture
Affidavit/Certification of Custodian (CCTV/IT)	CCTV admin, security head, IT records custodian	Footage from business/government CCTV or access-controlled systems
Affidavit of Extraction / Forensic Report	NBI/PNP examiner or private digital forensics specialist	When you need technical validation (hashes, metadata, tool-based checks)
Platform/Telco Certification	Platform (e.g., social media) or telco records officer	Usually requires subpoena/court order or law-enforcement request

5) Step-by-Step: How to Get an Affidavit/Certification

Step A — Preserve the Original (Immediately)

Do not edit the original file. Keep it in place.
Make a forensic copy (ideally using write-blocked imaging or at least a bit-for-bit copy).
Compute hash (e.g., SHA-256) of the original and the working copy; record the hash in a log.
Record provenance: device make/model, file name, path, size, creation/modified timestamps, and how you acquired it (e.g., “AirDropped from iPhone 13 to laptop at 2025-09-01 14:35”).

Step B — Document the Chain of Custody

Keep a simple log listing:
- Date/time acquired.
- From whom and how (USB, SD card, system export).
- Who handled it next, when, and for what purpose (viewing, copying, hashing).
- Storage location (e.g., tamper-evident envelope ID, sealed USB #).
Have each custodian sign for each transfer.

Step C — Prepare the Right Sworn Paper

Recorder/Witness Affidavit: narrate what, when, where, how it was recorded; affirm no edits (or describe any necessary conversions); state hash value; attach screenshots/stills as annexes.
Custodian Certification (CCTV/IT):
- Describe the system (camera make/model, DVR/NVR, retention period, time sync settings/drift).
- Identify the operator, extraction method, and hash of the exported file.
- Confirm it is a true and faithful copy of footage recorded by your system.
Forensic Report/Affidavit: detail tools used, hashes, metadata, error rates/validations, and any indicators of alteration.

Step D — Notarize (Jurat)

Bring the final printout and valid government ID (passport, driver’s license, PhilID, etc.).
Sign and swear before the notary (jurat). The notary will annotate: Doc. No., Page No., Book No., Series of (Year).

Tip: If multiple annexes (screenshots, hash printouts), label each (Annex “A”, “B”, …) and describe them in the affidavit body.

6) Special Sources & How to Get Their Certifications

A. CCTV from Businesses or LGUs

Write a request to the establishment/LGU security office specifying date/time/camera angle and purpose.
Ask for:
- Exported file (common formats: MP4, AVI) plus
- Custodian’s certification on letterhead describing the system, extraction method, and hash.
Bring a sealed storage device (USB/drive). Ask them to hash and seal (or have them sign over the seal).

B. Social Media / Cloud Platforms

Download the original (avoid re-encoded copies if possible).
Capture URL, username/profile, time of capture, and public/private status.
For provider certifications or server logs, you typically need:
- Subpoena duces tecum/ad testificandum from the court, or
- A law-enforcement request (PNP/NBI) during an active investigation.

C. Telcos/ISPs

For SMS/MMS/video-message records or tower logs, law enforcement or a court subpoena/order is usually required. Private parties rarely get these directly.

D. Law Enforcement Forensic Support

NBI Cybercrime Division / PNP Anti-Cybercrime Group accept complaints with your Complaint-Affidavit and media; they can perform forensic imaging and issue reports and examiner affidavits.

7) Laying the Foundation in Hearings: What You’ll Be Asked

Pictorial testimony route (lay witness):

“Were you present?” “What does the video show?”
“Is this a fair and accurate representation of what you saw?”
“How was this recorded and preserved? Any edits?”
“What are these hashes and who computed them?”

Silent-witness route (system reliability):

“Describe your CCTV system and time sync.”
“Who extracted this file? Method? Hash before/after?”
“How is the system maintained? Retention policies? Logs?”

Forensic route (expert/qualified witness):

“What tools/protocols did you use?”
“Explain hashing and whether the file shows artifacts of editing.”
“Did you create a forensic image? Validation steps?”

8) Common Objections & How to Prepare

Authenticity/Integrity: Counter with affidavits, hashes, chain of custody, and system description.
Hearsay: Use custodian testimony and the records-of-regularly-conducted-activity exception for routine system records; lay a proper foundation.
Wiretapping/Privacy:
- If the video includes audio of private conversations without consent, RA 4200 issues may arise.
- Mitigations: obtain consent, use lawful exceptions, or mute/redact audio (but be prepared to explain any edits).
Alteration/Compression: Explain any transcodings (e.g., converting .mov to .mp4 for playback) and show hashes before and after; keep a copy of the original.

9) Practical Filing Tips (Courts & Agencies)

Label storage media (Case No., exhibit mark, hash, date, preparer initials).
Provide a print index of files (filename, duration, hash, description).
Transcripts/captions help the court; if in local dialect, add English translation with translator’s certificate.
If filings become public, ask the court for protective measures or in-camera review for sensitive identities.

Practice varies by court/agency; follow your judge’s pre-trial orders or the agency’s filing circulars on electronic submissions and media formats.

10) Data Privacy Compliance in a Nutshell

Use the minimum necessary footage; blur/redact non-parties where feasible.
Store evidence securely; restrict access; log access events.
If you’re a company, align with your privacy manual and retention schedules.
For public filing, consider motion to seal or anonymization when warranted.

11) What to Include in Your Affidavit/Certification

Essential contents:

Identity of affiant/custodian; authority/role.
Description of device/system (phone model, dashcam, CCTV brand/DVR, software).
Exact file identifiers: name, size, format, duration, hash (e.g., SHA-256).
Date/time/time-zone; note any clock drift and the correction factor.
Method of acquisition/extraction and tools used.
Chain of custody summary (who handled it, when, why).
Statement on no editing (or precise description of any processing).
Attach annexes: screenshots, hash printouts, extraction logs, still frames.

12) Templates (you can copy-paste and fill in)

A) Affidavit of Video Authenticity (Recorder/Witness)

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

AFFIDAVIT OF VIDEO AUTHENTICITY

I, [Full Name], of legal age, [civil status], [nationality], and residing at [address], after having been duly sworn, depose and state:

1. I personally recorded the video file described below on [date] at around [time] at [location], using [device make/model; app used, if any].
2. The file is: [filename], [format], [duration], [filesize]. Its SHA-256 hash is: [hash].
3. The video fairly and accurately depicts the events I witnessed. I have not edited, altered, or enhanced the original file in any way.
4. The original file is stored at [original path/device/SD card]. On [date/time], I created a working copy by [method] and verified its hash as identical to the original.
5. Since recording, the file has been in the custody of [me/Name/Office]. Transfers occurred as follows: [brief chain-of-custody entries].
6. Attached as Annex “A” is a screenshot/still of the video; Annex “B” is the hash computation printout; Annex “C” is my chain-of-custody log.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] in [city/municipality], Philippines.

[Signature over printed name]
Affiant
Gov’t ID: [Type/No.] Date/Place Issued: [____]

Jurat (to be filled by the Notary Public)

SUBSCRIBED AND SWORN to before me this [date] in [place], affiant exhibiting to me [ID Type/No.], issued on [date] at [place]. 
Doc. No. __; Page No. __; Book No. __; Series of 20__.

B) Custodian’s Certification (CCTV/IT)

[Company/LGU Letterhead]

CERTIFICATION OF CCTV VIDEO AUTHENTICITY

I, [Name], [Position, e.g., Security Head/CCTV Administrator] of [Entity], certify that:

1. Our CCTV system consists of [camera models], connected to [DVR/NVR model/version], with [storage capacity]; system time is synchronized via [method], with typical drift of [±__ seconds/day].
2. On [date/time], I exported footage recorded by Camera [ID/Location] covering [start to end time] into file [filename/format/duration/filesize].
3. The exported file’s SHA-256 hash is [hash]. The export was performed using [software/version], following our standard procedure [briefly describe].
4. The attached footage is a true and faithful copy of the footage recorded by our system. 
5. Chain of custody: [person], [date/time], [action]; [next person], etc.

Issued this [date] at [place].

[Signature over printed name]
[Position], [Entity]
(With company seal)

ACKNOWLEDGMENT/JURAT BEFORE NOTARY (optional but recommended)

C) Chain of Custody Log (Sample)

Item: USB #2025-09-01-01 containing "2025-09-01_Camera3.mp4" (SHA-256: [hash])
------------------------------------------------------------------------------------------------
Date/Time        From          To            Purpose                 Condition/Notes     Signatures
2025-09-01 15:10 Custodian A   Investigator  Exported from NVR       Sealed Bag #001     [A]/[I]
2025-09-01 17:00 Investigator  Forensic B    Hashing & Image         Seal intact         [I]/[B]
...

13) Technical Best Practices (keep it simple but defensible)

Hash everything (original and copies). Prefer SHA-256. Keep printouts.
Avoid re-encoding; if you must convert format, preserve original and explain why.
Use read-only media or tamper-evident seals where possible.
Capture context: a quick still photo of the device screen showing the clip’s date/time settings can be surprisingly helpful at trial.
For screen recordings (of posts/streams), capture full screen, include URL/time, and avoid overlays/notifications during capture.

14) FAQs (Philippine nuances)

Q: Is notarization required? Strictly, authentication can be done through testimony without notarization, but affidavits are usually notarized for credibility and to allow their use in investigative and administrative stages. Courts still generally require live testimony for critical points.

Q: Do I need an expert? Not always. If a witness can attest to fair and accurate depiction, that may suffice. Use a forensic examiner when authenticity is contested or the video’s origin/process is complex.

Q: Can I use a copy from Messenger/Viber? Prefer the original from the device or platform. If only a platform copy exists, document how it was obtained and the hash; be ready to explain any re-encoding by the app.

Q: The video has audio recorded secretly. What now? Seek legal advice. RA 4200 risks exist where private communications are recorded without consent/court authority. Consider muting the audio for filing (but disclose any edits) and rely on other evidence.

Q: The CCTV clock is off by 7 minutes. That’s common. State the drift and provide a correction factor (e.g., “add 7 minutes”). Have the custodian explain how drift occurs and how it was measured.

15) Checklist (print-friendly)

Original video preserved and hashed
Working copy made; hash matches original
Chain of custody log started
Affidavit/Certification drafted (recorder/custodian/forensic)
Annexes: stills, hash printouts, extraction logs
Notarized (jurat) with valid ID
If needed: subpoena for platform/telco records
Transcripts/translations prepared
Protective measures (redaction/sealing) considered

Final notes

This guide is general information, not legal advice. Facts drive admissibility and weight; work with counsel to tailor your approach to your court/agency and judge’s preferences.
If you want, I can turn these templates into fillable forms or tailor them to your exact facts (CCTV vs phone, admin vs court).