In the realm of Philippine administrative law, the Department of Foreign Affairs (DFA) maintains stringent standards for identity verification. A common hurdle for applicants is the presence of inconsistent information across official documents—such as a birth certificate that lists "Maria" while a marriage contract or ID lists "Maria Clara."

When your documents don't "talk" to each other correctly, the primary legal remedy is the Affidavit of Discrepancy.

What is an Affidavit of Discrepancy?

An Affidavit of Discrepancy is a formal, written statement made under oath (sworn before a notary public) wherein an individual explains the inconsistencies between two or more documents.

In the context of a passport application, its purpose is to declare that the different names, dates of birth, or places of birth appearing in your records actually refer to one and the same person.

Common Scenarios Requiring This Affidavit

The DFA typically flags the following discrepancies for correction via affidavit:

Spelling Errors: Minor differences in the spelling of first, middle, or last names (e.g., "Bernadette" vs. "Bernadet").
Missing or Extra Names: Use of a second name in some documents but not others (e.g., "Juan" vs. "Juan Carlos").
Date of Birth Mismatches: Slight variations in the day or month of birth across secondary IDs compared to the PSA Birth Certificate.
Place of Birth Inconsistencies: Documents listing the province instead of the specific municipality, or vice versa.

Essential Elements of the Document

For the affidavit to be legally sufficient and acceptable to the DFA, it must contain:

Heading and Title: "Affidavit of Discrepancy (One and the Same Person)."
Affiant’s Details: Your full legal name, age, citizenship, and address.
The Core Declaration: A clear statement identifying the specific documents that contain conflicting information.
The Clarification: An explicit statement that despite these differences, the names/details refer to the same individual (the Affiant).
Purpose: A statement that the affidavit is being executed to support a Philippine Passport application.
Jurat: The section where a Notary Public certifies your identity and the date of signing.

Step-by-Step Process for Submission

Identify the Conflict: Compare your PSA Birth Certificate (the primary document) with your valid IDs or marriage contract.
Draft the Document: You may consult a lawyer or use a standard template provided by notary offices. Ensure the facts match your records exactly.
Notarization: Sign the document in the presence of a Notary Public. You will need to present a valid ID and pay the notarial fee.
DFA Appointment: Bring the original notarized affidavit and at least two photocopies to your DFA appointment, along with your other required documents.

Important Legal Considerations

Substantial vs. Clerical Errors: If the error is "substantial" (e.g., changing your gender or your birth year significantly), an affidavit may not suffice. Under Republic Act No. 9048 (as amended by RA 10172), substantial changes often require a petition filed with the Local Civil Registrar or a court order.
Truthfulness: Since this is a sworn statement, any deliberate falsehood can lead to criminal charges for Perjury under the Revised Penal Code of the Philippines.
PSA Primacy: The DFA generally considers the PSA-issued Birth Certificate as the "Supreme" document. The affidavit is usually used to align your other IDs or current usage to what is on your birth certificate.

Conclusion

An Affidavit of Discrepancy is a practical tool to bridge the gap between inconsistent records. While it is a standard part of the Philippine legal landscape, its success depends on the clarity of the explanation and the consistency of the supporting evidence you provide to the consular officer.

Would you like me to draft a sample template of an Affidavit of Discrepancy based on your specific document error?