In Philippine law, 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—typically a Notary Public. These documents serve as vital evidence in court proceedings, administrative filings, and private transactions.
The execution of an affidavit is governed primarily by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and the Philippine Rules of Court.
Essential Components of an Affidavit
A legally sound affidavit must follow a specific structure to be accepted by Philippine courts and government agencies.
1. The Venue (Scilicet)
Located at the top left of the document, this indicates where the notarization is taking place.
- Format: "Republic of the Philippines) / [City/Municipality] ) s.s."
- The "s.s." stands for scilicet, meaning "to wit" or "namely."
2. Title of the Document
The title should clearly state the purpose of the affidavit (e.g., Affidavit of Loss, Affidavit of Desistance, or Affidavit of Two Disinterested Persons).
3. The Preamble
This introduces the affiant and establishes their legal capacity. It typically includes:
- Full name, age, citizenship, and civil status.
- Residential address.
- The statement: "after having been duly sworn to in accordance with law, do hereby depose and state that:"
4. The Statement of Facts
This is the "body" of the affidavit. Facts should be stated in numbered paragraphs. In the Philippines, it is crucial that these facts are based on personal knowledge or authentic records.
5. Signature Block
The affiant must sign the document, usually above their printed name. If the affiant is illiterate or physically unable to sign, a thumbmark may be used in the presence of two witnesses.
The Notarization Process: The Jurat
For an affidavit to be validly notarized in the Philippines, it must contain a Jurat. A Jurat is the part of the certificate where the notary public certifies that:
- The document was signed in their presence.
- The affiant took an oath or affirmation regarding the truth of the contents.
- The notary verified the identity of the affiant.
Sample Jurat Language
SUBSCRIBED AND SWORN to before me this ___ day of ___, 20__ in ________, Philippines, affiant exhibiting to me their [Type of ID] with Number ________ issued on ________ at ________.
Identification Requirements
Under the 2004 Rules on Notarial Practice, a Notary Public cannot notarize a document unless the affiant is either personally known to them or provides Competent Evidence of Identity.
Accepted Forms of ID
The ID must be a current identification card issued by an official agency bearing the photograph and signature of the individual. Common examples include:
- Passport
- Driver’s License
- Professional Regulations Commission (PRC) ID
- Unified Multi-Purpose ID (UMID)
- Philippine National ID (PhilID)
Note: A Community Tax Certificate (Cedula) is no longer considered "competent evidence of identity" for notarization purposes, though it is still frequently used for tax record purposes within the document.
Comparison: Jurat vs. Acknowledgment
It is a common mistake to confuse a Jurat with an Acknowledgment. In the Philippines, affidavits specifically require a Jurat.
| Feature | Jurat (For Affidavits) | Acknowledgment (For Deeds/Contracts) |
|---|---|---|
| Purpose | To swear to the truth of the facts stated. | To admit that the document is a free and voluntary act. |
| Oath | Requires the affiant to take an oath/affirmation. | No oath required; focus is on the "act" of signing. |
| Presence | Must be signed in front of the notary. | Can be signed beforehand, but must be acknowledged in person. |
Step-by-Step Procedure
- Drafting: Write the facts clearly and truthfully. Avoid legal jargon if it complicates the narrative.
- Printing: Print at least three copies (one for you, one for the notary’s records, and one for the court or agency). Use legal-sized paper (8.5" x 13"), which is the standard for Philippine legal documents.
- Appearance: The affiant must physically appear before the Notary Public. "Remote" notarization via video call is only allowed under specific "G.R. No." guidelines issued during emergencies, but physical presence remains the standard.
- Verification: The notary verifies the ID and ensures the affiant understands the contents of the document.
- Signing and Sealing: The affiant signs, and the notary applies their signature, official seal, and the notarial details (Commission Number, Roll of Attorneys Number, IRP and PTR receipts).
Legal Consequences of Falsehood
Executing a notarized affidavit is a serious legal undertaking. Under the Revised Penal Code of the Philippines, an individual who knowingly makes untruthful statements in an affidavit can be charged with Perjury (Article 183). This carries penalties of imprisonment and fines.