How to Secure an Affidavit of Discrepancy in the Philippines

(Everything you need to know, from legal basis to practical tips)

1. What is an Affidavit of Discrepancy?

An Affidavit of Discrepancy (AoD) is a sworn statement explaining and reconciling inconsistencies or typographical errors that appear in two or more records referring to the same person (e.g., differing names, birth dates, genders, or civil status on your birth certificate, passport, school records, SSS file, etc.). While there is no single statute that creates the AoD, it is universally recognized by Philippine government agencies, courts, schools, and banks as a supporting document whenever:

Typical Record	Common Errors
PSA birth or marriage certificate	Misspelled name, wrong birth date, wrong sex, interchanged first/last names
School/transcript records	Missing middle name, incomplete name
Government IDs (SSS, PhilHealth, PRC, voter’s ID)	Inverted first-middle names, missing suffix (“Jr.”)
Employment, medical, insurance files	Older or maiden surname, hyphenated vs. non-hyphenated surname

2. Legal Framework

Notarial Law (2004 Rules on Notarial Practice) – governs how a notary must identify the affiant, administer the oath, and append the notarial seal.
Civil Code on Contracts & Evidence – an AoD is admissible as a public document, enjoying presumption of regularity.
RA 9048 / RA 10172 – laws on administrative correction of civil-registry errors often require an AoD as part of supporting evidence.
Administrative Circulars – agencies like DFA, DepEd, SSS, Pag-IBIG, PRC, COMELEC, and various LGUs list the AoD in their documentary checklists for resolving record discrepancies.

Key point: The AoD itself does not “fix” the error in the registry. It explains and supports your petition. Final correction still happens through RA 9048/10172, a court order, or agency-level amendment.

3. When Do You Need an AoD?

Scenario	Why the AoD Helps
Passport application but PSA birth certificate shows “MARIA ANA” while IDs show “MARY ANNE”	DFA accepts AoD as clarification while you process a formal correction.
PRC board exam filing where your transcript has your middle initial wrong	PRC allows AoD plus Registrar-issued certification to proceed.
Banking or property transfer requiring matching IDs & titles	Banks often require AoD to “bridge” slight name spellings.
Overseas use of documents	DFA Corporate “Apostille” center will apostillize an AoD so foreign embassies accept it.

4. Step-by-Step Guide

Gather Proof
- ✔️ PSA-issued civil-registry docs (birth/marriage/death certificates).
- ✔️ Government-issued IDs (any 2, preferably with photos).
- ✔️ Supporting records showing the “correct” entry (Form 137, voter’s registration, medical or baptismal record).
Draft the Affidavit
- Use plain, formal language.
- Identify yourself (full name, age, civil status, address, citizenship).
- Cite each document, quote the erroneous entry, then state the correct entry.
- Affirm that both refer to one and the same person—you.
- End with a prayer/statement that the affidavit is executed for whatever legal purpose it may serve.
Attach Exhibits
- Photocopy the records you cited.
- Label them “Annex ‘A’,” “Annex ‘B’,” etc. and countersign on each page.
Appear Before a Notary Public
- Bring the unsigned draft plus your IDs (original & photocopy).
- Sign in the notary’s presence; never pre-sign.
- Pay the fee (₱150 – ₱500 is standard; PAO or IBP legal-aid is free for indigents).
Secure Extra Copies & Authentication (as needed)
- Always keep at least three notarized originals.
- For overseas use, proceed to the DFA-Aseana Apostille Counter (₱100 regular, ₱200 expedited).
- For local court filing, no further authentication is required—the notary’s seal suffices.

5. Cost & Time Estimates

Item	Typical Cost (Metro Manila)	Processing Time
Notarial fee	₱150–₱500	5–15 mins
Documentary stamp (if charged)	₱30 per page	instantly
Photocopying & printing	₱2–₱5 per page	instantly
DFA Apostille	₱100 (regular, 3–5 days) or ₱200 (express, next-day)	as stated
Courier (optional)	₱200–₱300	1–2 days

6. Sample Template (Feel Free to Copy-Edit)

REPUBLIC OF THE PHILIPPINES [Province/City] S.S.

AFFIDAVIT OF DISCREPANCY

I, JUAN DELA CRUZ, Filipino, of legal age, married, and a resident of 123 J. Rizal St., Makati City, after having been duly sworn to in accordance with law, depose and state that:

My birth certificate issued by the Philippine Statistics Authority (PSA) under Registry No. 1990-123456 reflects my name as “JUAN DELA CRUZ”. A copy is hereto attached as Annex “A.”

My government-issued Driver’s License No. N01-23-456789 and my transcript of records from the University of the Philippines reflect my name as “JUANITO R. DELA CRUZ.” Copies are hereto attached as Annex “B” and “C.”

The names “JUAN DELA CRUZ” and “JUANITO R. DELA CRUZ” refer to one and the same person—myself.

The variation arose because my baptismal record recorded the diminutive form “Juanito,” which my school registrar subsequently adopted.

I am executing this Affidavit to attest to the foregoing facts and to comply with the requirements of the Department of Foreign Affairs, Land Transportation Office, and other concerned agencies.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ________ 20__ in Makati City, Philippines.

JUAN DELA CRUZ Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ________ 20__, affiant exhibiting [ID details].

Notarial details (Doc. No. __; Page No. __; Book No. ; Series of 20).

7. Practical Tips & Reminders

Use Birth-Certificate Spelling as the “Correct” Name – In Philippine law the PSA birth certificate is primacy evidence of identity. If it is wrong, file RA 9048/10172 petition soonest.
Attach Only Certified Copies – Photocopies marked “Certified True Copy” by the issuing agency carry more weight.
Be Consistent Across All Affidavits – If you execute multiple AoDs (e.g., name and birth-date), keep the wording and facts identical to avoid suspicion of perjury.
Minor vs. Major Corrections – An AoD may suffice for minor clerical discrepancies. For major ones (“Maria” vs. “Jose,” or wrong parentage), a petition to court or administrative correction is still mandatory.
Validity Period – Technically an AoD does not expire, but some agencies (bank loans, DFA) accept only those executed within the past 6–12 months.
Keep the Original Dry-Seal Intact – Do not laminate the notarized copy; keep it in a clear protector so agencies can feel the seal.
Digital / Remote Notarization – As of 2025, electronic notarization is allowed under the Interim Rules on Remote Notarization (SC A.M. No. 20-07-04-SC). Confirm if the receiving agency accepts e-notarized PDFs.

8. Common Follow-Up Procedures

Next Step	Governing Rule	Where to File	Typical Fee
Correct clerical errors in birth, marriage, death cert.	RA 9048 (clerical) / RA 10172 (date of birth/sex)	Local Civil Registry (where record is kept)	₱3,000 (city) / ₱1,000 (municipality) filing fee
Change of first name or nickname	RA 9048	same as above	₱3,000 (city) / ₱1,000 (municipality)
Court-ordered change of surname / legitimation / adoption	Rule 103, 108 Rules of Court	Regional Trial Court	filing fee varies by court; ₱7,000 – ₱10,000+

Key Takeaways

An Affidavit of Discrepancy is often the first and fastest tool for moving forward when mismatched data stalls your transactions—but it is not the final cure if the civil-registry entry itself is wrong.
Draft clearly, attach evidence, notarize properly, and authenticate if it will be used abroad.
For permanent corrections, be ready to follow through with an RA 9048/10172 petition or a court order.

Disclaimer: This article provides general information and is not a substitute for formal legal advice. For complex cases, consult a Philippine lawyer or your local civil registry.