Preparing an affidavit in the Philippines involves more than typing a statement and having it stamped by a notary. The affidavit must clearly identify the person making it, state relevant facts based on personal knowledge, use the correct sworn form, and be signed under oath before an authorized notary or other officer. A poorly prepared affidavit may be rejected by a bank, government agency, prosecutor, or court—and a knowingly false material statement can expose the affiant to perjury charges.

What Is an Affidavit?

An affidavit is a written statement of facts voluntarily made under oath or solemn affirmation. The person making the statement is called the affiant.

Most Philippine affidavits end with a jurat, the notarial portion usually beginning with the words:

“Subscribed and sworn to before me…”

Under the 2004 Rules on Notarial Practice, a jurat requires the affiant to:

Personally appear before the notary public;
Present the document;
Be personally known to the notary or properly identified;
Sign the document in the notary’s presence; and
Take an oath or affirmation that the contents are true.

This is different from an acknowledgment, which is commonly used for deeds, contracts, powers of attorney, and similar instruments. In an acknowledgment, the signer confirms that the signature was voluntarily affixed and that the document is the signer’s free and voluntary act. The signer generally does not have to sign the document in the notary’s presence, although personal appearance is still required.

Document or act	Usual notarial form	Main purpose
Ordinary affidavit	Jurat	Affiant swears that the factual statements are true
Deed, contract, or special power of attorney	Acknowledgment	Signer confirms voluntary execution
Verified pleading	Verification or jurat	Party confirms the truth or authenticity of allegations
Judicial affidavit	Jurat plus lawyer’s attestation	Written question-and-answer testimony for court

What Notarization Does—and Does Not Do

Notarization is not a decorative stamp. It is an official act intended to deter fraud, confirm the signer’s identity, and establish that the required oath or acknowledgment took place.

A properly notarized document generally receives greater evidentiary weight regarding its due execution and authenticity. An improperly notarized document may lose the legal advantages ordinarily attached to notarized documents and may be treated as a private document. The Supreme Court has repeatedly emphasized that notarization is a public function that must not be performed casually. (Lawphil)

However, notarization does not automatically prove that every statement in an affidavit is true. In a contested court proceeding, an affidavit may still be considered hearsay when the affiant does not testify and cannot be cross-examined, unless a rule or recognized exception allows its admission. The Revised Rules on Evidence generally require testimony to be based on personal knowledge and give the opposing party an opportunity for cross-examination. (Lawphil)

Legal Basis for Affidavits in the Philippines

The principal rules and laws include:

A.M. No. 02-8-13-SC, or the 2004 Rules on Notarial Practice, which governs traditional notarization of paper documents with handwritten signatures.
A.M. No. 24-10-14-SC, or the Rules on Electronic Notarization, which supplements traditional notarization and covers qualifying electronic documents.
A.M. No. 19-08-15-SC, containing the 2019 amendments to the Rules on Evidence.
A.M. No. 12-8-8-SC, or the Judicial Affidavit Rule, for affidavits used as direct testimony in covered court proceedings.
Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594 of 2021, concerning perjury in affidavits and other sworn statements.

The Supreme Court amended certain administrative and reporting requirements under the traditional notarial rules in 2025. These changes require notaries to maintain and electronically transmit specified notarial records, but the basic requirements for an affiant—proper identity, personal appearance, a complete document, and a genuine oath—remain central. (Supreme Court of the Philippines)

False statements and perjury

Under Republic Act No. 11594, a person may commit perjury by knowingly making an untruthful statement under oath regarding a material matter before a person authorized to administer the oath, when the legal requirements for perjury are present. The law increased the penalties under Articles 183 and 184 of the Revised Penal Code. (Lawphil)

An honest error is not automatically perjury. The risk arises when a person knowingly makes a materially false statement. Never sign an affidavit merely because someone says it is “only a formality.”

Before Drafting the Affidavit

First determine exactly why the affidavit is needed and who will receive it. Different offices often impose different forms and documentary requirements.

Ask the receiving office:

Does it have a prescribed affidavit form?
Must the affidavit contain specific statements?
Are witnesses required?
Which supporting documents must be attached?
How many original or photocopied sets are required?
Does the affidavit need to be executed within a certain period?
Will it be used in the Philippines or abroad?
Is traditional notarization required, or will electronic notarization be accepted?

A generic affidavit may not be enough for a complaint before a prosecutor, a delayed civil registration application, a lost passport, an insurance claim, or a court case.

How to Prepare an Affidavit in the Philippines

1. Gather the relevant facts and records

Write down the important details before drafting:

Full legal names;
Complete addresses;
Exact dates and locations;
Identification, account, reference, plate, title, or document numbers;
Names of witnesses;
Sequence of events;
Supporting messages, receipts, photographs, contracts, certificates, or official records.

Separate what you personally saw, heard, did, or received from what another person merely told you. An affidavit should generally state facts within the affiant’s personal knowledge.

Instead of writing:

“The respondent is a scammer and committed fraud.”

State the observable facts:

“On 15 May 2026, I transferred ₱30,000 to the bank account identified by the respondent after receiving his written promise that the item would be delivered within three days. Despite repeated written demands, the item was not delivered and the amount was not returned.”

The second version gives the reader concrete facts rather than an unsupported legal conclusion.

2. Use the correct heading and venue

A traditional affidavit normally begins with a venue indicating where it will be signed and notarized:

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

Use the actual city or province where the notarial act will occur—not necessarily the affiant’s residence or the place where the events happened.

A traditional notary generally performs notarial acts only within the territorial jurisdiction of the court that issued the commission. The rules also restrict notarization outside the notary’s regular office, except in specified circumstances such as hospitals, detention facilities, public offices, and designated signing venues within the territorial jurisdiction.

3. Identify the affiant accurately

The opening paragraph usually states the affiant’s:

Full name;
Citizenship;
Age or legal capacity;
Civil status, when relevant;
Residence address; and
Statement that the affiant has been duly sworn.

Example:

I, JUAN DELA CRUZ, Filipino, of legal age, married, and residing at
123 Mabini Street, Quezon City, after having been duly sworn in
accordance with law, hereby depose and state:

Use the name appearing on the affiant’s identification. When there is a genuine discrepancy, explain it rather than silently changing the name.

4. Present the facts in numbered paragraphs

Numbered paragraphs make the affidavit easier to review, cite, and correct.

Use one principal fact or related group of facts per paragraph. Arrange events chronologically when possible.

A useful structure is:

The affiant’s connection to the matter;
What happened;
When and where it happened;
Who was involved;
What the affiant personally observed or did;
Documents supporting the statement;
Steps taken afterward; and
The purpose for executing the affidavit.

Avoid exaggerated language, insults, speculation, and unnecessary personal information.

5. Attach and identify supporting documents

Refer to each attachment in the affidavit itself:

“A copy of the deposit slip is attached as Annex ‘A’ and made an integral part of this Affidavit.”

Label attachments consistently:

Annex “A”
Annex “B”
Annex “C”

For photographs, screenshots, or electronic messages, explain:

Who created or received them;
When they were created or received;
What device, account, or platform was used;
Why the affiant recognizes them; and
Whether they are complete and unaltered copies.

Do not attach sensitive records that are irrelevant to the affidavit’s purpose.

6. State the purpose of the affidavit

The final factual paragraph commonly explains why the affidavit is being executed:

I am executing this Affidavit to attest to the truth of the foregoing
facts and for submission to ____________________, and for such other
lawful purposes as it may serve.

Avoid stating that the affidavit may be used “for any purpose whatsoever” when the intended use is known. A specific purpose helps prevent misuse.

7. Add the signature block—but do not sign yet

For a traditional affidavit requiring a jurat, the affiant should sign in the notary’s presence.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
____________ 20___ in ____________________, Philippines.

                               ______________________________
                               JUAN DELA CRUZ
                               Affiant

Leaving the date and place blank until the notarial appointment reduces the risk of inconsistency.

8. Leave the jurat for the notary

A basic jurat may appear as follows:

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20___
in ____________________, Philippines, affiant having exhibited to me
his/her ____________________, bearing No. ____________________.

                               NOTARY PUBLIC

Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.

The notary should complete the notarial certificate, enter the transaction in the notarial register, sign the certificate, and affix the official seal.

9. Personally appear and present proper identification

The 2004 Notarial Rules generally require at least one current identification document issued by an official agency and bearing the individual’s photograph and signature. The notary may request additional identification when necessary.

Commonly presented IDs include:

Philippine passport;
Driver’s license;
Philippine Identification Card;
Unified Multi-Purpose ID;
Professional Regulation Commission ID;
Government Service Insurance System or Social Security System ID;
Alien Certificate of Registration Identity Card;
Foreign passport for foreign nationals.

A community tax certificate or cedula alone is not competent evidence of identity for notarization. Supreme Court decisions have clarified that a cedula does not satisfy the current identification requirement. (Lawphil)

10. Review the completed notarization

Before leaving, check that:

Your name is spelled correctly;
The date and place are accurate;
The ID details are correct;
No required page is missing;
The notary signed the certificate;
The seal is legible;
The document has document, page, book, and series numbers;
The notary’s commission details appear complete; and
You have enough originals or certified copies for submission.

Keep a clear scanned copy. Do not assume the notary will retain a complete duplicate of every affidavit executed under a jurat.

Basic Affidavit Template

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

                         AFFIDAVIT

I, [FULL NAME], [CITIZENSHIP], of legal age, [CIVIL STATUS], and
residing at [COMPLETE ADDRESS], after having been duly sworn in
accordance with law, hereby depose and state:

1. That I am [explain your relationship to the matter];

2. That on [date], at approximately [time], at [place], [state what
   happened];

3. That I personally [saw, heard, received, paid, delivered, or did
   the relevant act];

4. That [state additional relevant facts in chronological order];

5. That a copy of [identify supporting document] is attached as
   Annex “A” and made an integral part of this Affidavit;

6. That I am executing this Affidavit to attest to the truth of the
   foregoing and for submission to [name of office or recipient].

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
____________ 20___ in ____________________, Philippines.

                               ______________________________
                               [FULL NAME]
                               Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20___
in ____________________, Philippines, affiant having exhibited to me
his/her [TYPE OF ID], bearing No. [ID NUMBER].

                               NOTARY PUBLIC

Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.

This template must be adapted to the receiving office’s requirements and the affidavit’s actual purpose.

Additional Details for Common Types of Affidavits

Type of affidavit	Important details to include
Affidavit of loss	Description and number of the lost item; last known possession; date and manner the loss was discovered; efforts to locate it; intended use of the affidavit
Affidavit of discrepancy	All name, date, or data variations; which entry is correct; explanation of the discrepancy; supporting civil registry or government records
Affidavit of one and the same person	Each name variation; documents where each appears; clear statement that the names refer to one person
Complaint-affidavit	Facts constituting the alleged offense; dates, places, participants, witnesses, damages, supporting documents, and relevant demands or communications
Witness affidavit	Facts personally perceived by the witness; circumstances showing how the witness could see, hear, or know those facts
Affidavit of consent or support	Identity and relationship of the parties; exact authority or consent given; period and conditions; recipient’s prescribed wording
Affidavit of undertaking	Specific obligation accepted; deadline; conditions; consequences or remedies required by the receiving office

An affidavit of discrepancy does not, by itself, automatically correct an entry in a PSA certificate, land title, school record, or government database. The concerned agency’s correction or administrative procedure must still be followed.

Requirements, Fees, and Processing Time

Item	Practical guidance
Draft affidavit	Bring a complete but unsigned document for a traditional jurat
Identification	Bring the original current government or official ID with photograph and signature
Supporting documents	Bring originals for comparison and the required attachment copies
Copies	Prepare one copy for each recipient and at least one personal file copy
Authority to represent an organization	Bring a board resolution, secretary’s certificate, authorization, or other proof of authority when relevant
Notarial fee	Confirm the posted fee before proceeding and request a BIR-registered receipt
Processing time	A complete, straightforward affidavit is commonly finished in one visit; missing IDs, incomplete facts, or required revisions cause most delays

The notarial rules require notaries who charge fees to post a schedule of fees and issue a BIR-registered receipt. Travel expenses may be charged separately when an authorized out-of-office notarization is arranged in advance.

A notary must refuse to notarize a blank or incomplete document. The notary must also refuse when there is reason to believe that the transaction is unlawful, the signer does not understand its consequences, or the signer is acting under pressure rather than freely.

Affidavits Executed Abroad

A Filipino or foreign national abroad generally has two practical options for preparing an affidavit for use in the Philippines:

Execute it before a Philippine embassy or consulate. The foreign service post will usually require personal appearance, a valid passport or accepted identification, the unsigned document, copies, an appointment, and payment of the applicable consular fee.
Sign before a local notary and obtain an apostille. In a country covered by the Apostille Convention, the affidavit is ordinarily notarized according to local law and then apostilled by that country’s designated competent authority. A properly apostilled document may then be used in the Philippines without further Philippine embassy authentication, subject to the receiving office’s substantive requirements. (Philippine Embassy)

For a non-Apostille country, the document may require local authentication followed by legalization or authentication through the Philippine embassy or consulate.

The affidavit may also need an English or Filipino translation when it is written in another language. Requirements differ by country and Philippine receiving agency, so the exact process should be confirmed before signing.

Can an Affidavit Be Notarized Online?

Electronic notarization is now legally recognized, but it is not the same as informally showing a document to an ordinary notary over Zoom, Messenger, or another video platform.

Under the Supreme Court’s Rules on Electronic Notarization:

The document must be in PDF or PDF/A electronic form;
The notary must hold a valid electronic notarial commission;
The transaction must use a Supreme Court-accredited Electronic Notarization Facility;
Identity verification and other security requirements must be completed; and
An electronic affidavit requiring a jurat must be electronically signed in the electronic notary’s presence. (Supreme Court of the Philippines)

Traditional paper notarization remains valid and continues to be governed by the 2004 Rules. Electronic notarization supplements rather than replaces it. (Supreme Court of the Philippines)

A person located abroad may use remote electronic notarization only under limited conditions, including being physically present at a Philippine embassy, consular office, or honorary consul’s office while a designated officer confirms the person’s presence. Availability may also depend on the laws and facilities of the host country. (Supreme Court of the Philippines)

Judicial Affidavits Are Different

A judicial affidavit is not merely an ordinary narrative affidavit submitted to a court. Under the Judicial Affidavit Rule, it generally contains:

The witness’s personal circumstances;
The name and office address of the lawyer conducting the examination;
Questions and answers showing how the witness obtained knowledge of the facts;
Identification and authentication of documentary or object evidence;
The witness’s sworn signature; and
The examining lawyer’s sworn attestation.

The judicial affidavit normally serves as the witness’s direct testimony, but the witness must still appear for confirmation and cross-examination. Failure to submit a required judicial affidavit and its exhibits on time may result in waiver, subject to the limited relief allowed by the rule. (Lawphil)

Do not substitute a generic affidavit for a required judicial affidavit.

Common Mistakes That Cause Rejection or Legal Problems

Signing before meeting the notary

For a jurat, the affiant must sign in the notary’s presence. A notary should not notarize a traditional affidavit based only on a photocopy, emailed signature page, or another person’s assurance.

Using secondhand information as though personally known

Statements such as “I was informed that…” may have limited evidentiary value. Identify the source and attach that person’s separate affidavit when the information is important.

Leaving blanks

Do not leave blank names, dates, amounts, addresses, or annex references. The notarial rules prohibit notarizing blank or incomplete documents.

Using inconsistent names and dates

Check the affidavit against IDs, receipts, contracts, messages, and government records. Even a minor mismatch can delay processing or weaken credibility.

Altering the affidavit after notarization

Do not erase, insert, replace pages, or manually change a material statement after notarization. Prepare and notarize a corrected affidavit or execute an appropriate supplemental affidavit.

Using a “notary” who is not properly commissioned

A Philippine traditional notary public must be a lawyer with a valid commission for the relevant territorial jurisdiction. Check that the commission details and notarial entries are complete.

Assuming the affidavit accomplishes the underlying legal act

An affidavit records sworn facts. It does not automatically transfer land, cancel a loan, amend a birth certificate, authorize corporate action, or establish ownership. Separate substantive documents and government procedures may still be required.

Frequently Asked Questions

Can I prepare my own affidavit in the Philippines?

Yes. A person may draft a straightforward affidavit. However, the facts must be accurate, the correct notarial form must be used, and any prescribed form from the receiving agency should be followed. Affidavits involving criminal accusations, property, family status, immigration, substantial money, or pending litigation require particular care.

Does an affidavit have to be prepared by a lawyer?

Not always. A simple affidavit of loss or discrepancy can often be prepared without a lawyer. A notary may charge separately for reviewing or drafting the document because drafting and notarization are different services.

Can I sign an affidavit before going to the notary?

Not when the affidavit uses a traditional jurat. The 2004 Notarial Rules require the affiant to sign the affidavit in the notary’s presence.

Is a cedula enough to notarize an affidavit?

No. A community tax certificate alone is not competent evidence of identity under the current notarial rules. Bring a current official ID bearing your photograph and signature. (Lawphil)

How long does a notarized affidavit remain valid?

An affidavit does not normally expire merely because time has passed. However, its statements may become outdated, and the receiving office may require an affidavit executed within a specified period, such as the previous three or six months.

How much does notarization cost?

The amount depends on the document, the notarial service, and whether drafting, review, additional copies, or authorized travel is involved. The notary should display a schedule of chargeable fees and issue a BIR-registered receipt.

Can two or more people sign one affidavit?

Yes. A joint affidavit may be used when the affiants are swearing to substantially the same facts. Each affiant must be properly identified, must understand the document, and must personally comply with the applicable signing and oath requirements.

What should I do if I find an error after notarization?

Do not alter the notarized document. For a minor but material error, prepare a corrected affidavit and have it notarized again. When the first affidavit has already been submitted, identify the earlier affidavit and clearly explain the correction.

Can a foreigner execute an affidavit in the Philippines?

Yes. Philippine citizenship is not generally required to execute an affidavit. The foreign national must understand the document, personally appear under the applicable rules, and present acceptable identification, commonly a current passport and any additional identification requested by the notary.

Is a notarized affidavit automatically accepted as court evidence?

No. Notarization helps establish due execution, but it does not automatically prove the truth of every statement. The affiant may still need to testify and undergo cross-examination, unless a procedural rule or recognized evidentiary exception applies. (Lawphil)

Key Takeaways

An affidavit is a written factual statement made under oath or solemn affirmation.
Ordinary affidavits normally use a jurat, which requires signing under oath in the notary’s presence.
State facts based on personal knowledge, using clear numbered paragraphs and accurate dates, names, and amounts.
Bring the complete unsigned affidavit, supporting documents, and a current official ID with a photograph and signature.
A cedula alone is not sufficient identification for notarization.
Never sign a blank affidavit or swear to statements you do not know to be true.
Follow the prescribed form of the bank, prosecutor, court, local civil registrar, DFA, or other receiving office.
Affidavits executed abroad may require Philippine consular notarization or local notarization followed by an apostille.
Electronic notarization must be performed by a commissioned electronic notary through an accredited facility—not through an informal video call.
Keep a complete scanned and paper copy of the affidavit and all annexes after notarization.