In the Philippine legal and administrative system, consistency in official records is paramount. However, clerical errors—such as a misspelled name on a birth certificate, a wrong birth date on a school record, or a middle initial that changes between documents—are common.
When these inconsistencies arise, they can stall passport applications, GSIS/SSS claims, or property transfers. The Affidavit of Discrepancy is the primary legal instrument used to bridge these gaps, where an individual (the affiant) declares under oath that two different pieces of information actually refer to the same person or fact.
Common Types of Discrepancies
Depending on the specific error, these affidavits generally fall into three categories:
- Affidavit of One and the Same Person: Used when a person’s name is spelled differently across various documents (e.g., "Maria Concepcion" vs. "Mary Con").
- Affidavit of Discrepancy in Date of Birth: Used when a secondary document (like a baptismal certificate) contradicts the primary document (the PSA Birth Certificate).
- Affidavit of Discrepancy in Marital Status: Used if records mistakenly list an individual as "Single" when they are "Married," or vice versa.
Essential Parts of the Affidavit
To be legally valid and acceptable to government agencies like the DFA, NBI, or PSA, the document must contain specific elements:
Title: Usually "Affidavit of Discrepancy" or "Affidavit of One and the Same Person."
Commencement: Identification of the affiant (name, age, citizenship, civil status, and address).
The Narrative (The "Body"):
A statement of the facts (e.g., "In my Birth Certificate, my name is listed as X...").
An identification of the conflicting record (e.g., "However, in my school records, my name appears as Y...").
The categorical affirmation that the records refer to one and the same person.
The Purpose: A clear statement of why the affidavit is being executed (e.g., "to correct my records with the Social Security System").
Signature: The affiant’s signature above their printed name.
Jurat: The section where a Notary Public certifies that the affiant personally appeared, showed valid ID, and signed the document under oath.
Step-by-Step Preparation Process
| Step | Action | Description |
|---|---|---|
| 1 | Gather Evidence | Collect the original documents showing the error (e.g., Birth Certificate vs. Voter’s ID). |
| 2 | Draft the Document | You can use a template or have a lawyer draft it. Ensure the "From" and "To" details are exact. |
| 3 | Verification | Double-check names, dates, and ID numbers. Even a small typo in an affidavit intended to fix a typo can void the document. |
| 4 | Notarization | Bring the unsigned document and a valid Government-issued ID to a Notary Public. You must sign it in their presence. |
| 5 | Filing | Submit the notarized original to the requesting agency. Always keep a photocopy for your records. |
Important Legal Reminders
The "One-Way" Rule: Generally, an affidavit cannot be used to "change" a birth certificate. If the error is on the PSA Birth Certificate itself, you may need to file a petition under Republic Act No. 9048 (Clerical Error Law) or R.A. 10172 at the Local Civil Registrar. An affidavit is typically for explaining why other documents don't match the Birth Certificate.
- Validity of IDs: The Notary Public will require a "competent evidence of identity." This usually means a current ID with a photograph and signature (e.g., Driver’s License, Passport, UMID).
- Two Disinterested Persons: In some cases (like an Affidavit of Two Disinterested Persons), you may need two friends or neighbors—who are not related to you—to testify to the facts if you cannot provide documentary evidence.