In the Philippines, an “Affidavit of One and the Same Person” is commonly used to correct or reconcile discrepancies in names across records—usually where a person has used variations of their name (e.g., maiden vs. married surname, missing middle name, typographical errors, aliases, or different spellings). The question is whether such an affidavit is valid if it is unnotarized.

The short, accurate legal answer is: an unnotarized affidavit is generally not valid as an affidavit under Philippine law, and it usually carries little to no legal weight for the purposes people intend. It may exist as a private written statement, but it is not treated as a sworn affidavit and is typically unacceptable for government or formal transactions.

Below is a full Philippine-law discussion.

1. What Makes a Document an “Affidavit” in Philippine Law

An affidavit is a written statement of facts that is:

Sworn to or affirmed by the affiant (the person making the statement), and
Administered by an authorized officer, usually a notary public.

Without the oath/affirmation administered by a competent officer, the document is not an affidavit in the legal sense. It becomes merely a private writing.

Practically and legally, notarization is what converts a private statement into:

a sworn statement (the affiant is under oath), and
a public document (entitled to certain legal presumptions).

2. The Role of Notarization: Why It Matters

Notarization in the Philippines is not a decorative formality. It has several legal effects:

a. Converts a Private Document into a Public Document

A notarized affidavit becomes a public document, which:

is admissible in evidence without needing further proof of authenticity, and
enjoys a presumption of regularity.

An unnotarized affidavit remains a private document, meaning:

it must be authenticated before courts/agencies will treat it as reliable, and
it has no presumption of due execution.

b. Shows the Statement Was Given Under Oath

The notary certifies that:

the affiant personally appeared,
was identified through competent evidence of identity, and
swore/affirmed to the truth of the contents.

Without notarization, there is no proof an oath was ever taken.

c. Enables Liability for Perjury

Perjury requires that the false statement be made under oath before a competent officer. If your statement is not notarized, it is generally not perjury even if false (though other crimes might apply depending on context).

3. So Is an Unnotarized “Affidavit of One and the Same Person” Valid?

Legally: Not as an affidavit.

It may reflect your intent or narrative, but it is not a sworn statement.
Courts and government agencies typically treat it as mere self-serving private writing.

Practically: Usually useless for its intended purpose.

Most users need this affidavit to correct or harmonize records with:

PSA (birth/marriage/death certificates)
DFA (passport applications)
LTO (driver’s license or vehicle registration)
PRC, schools, banks, employers
GSIS/SSS, PhilHealth, Pag-IBIG
courts or other agencies

These offices almost always require notarized affidavits because the point is to have a sworn declaration.

4. Typical Uses and Why Agencies Demand Notarization

An Affidavit of One and the Same Person is usually submitted when:

One record shows “Maria Cristina Santos”
Another shows “Ma. Cristina S. Santos”
Another shows “Maria C. Santos-Dela Cruz”
All refer to the same individual

Agencies rely on notarized affidavits because they:

need assurance you are speaking under oath,
can accept it as a public document, and
can hold you accountable if it’s false.

If unnotarized, the agency has no basis to trust or accept it.

5. Evidentiary Value in Court

Notarized affidavit:

Public document
Presumed authentic
Can be admitted without additional proof (subject to usual rules)

Unnotarized affidavit:

Private document
Needs authentication (i.e., someone must prove its execution and genuineness)
Even if authenticated, courts often treat it with caution as self-serving.

Also note: even notarized affidavits are generally hearsay if offered to prove the truth of their contents, unless exceptions apply. Courts prefer testimony in open court, but affidavits are used frequently for administrative matters and supporting documents.

6. Administrative vs. Judicial Settings

Administrative or government transactions

Stricter on notarization. An unnotarized affidavit is almost always rejected.

Judicial settings

A court might allow an unnotarized written statement if:

it is authenticated, and
used for a limited purpose (e.g., as part of pleadings or attachments), but it will not enjoy the standing of a sworn affidavit.

7. What If You Can’t Notarize Right Away?

If urgent, some agencies may accept a temporary written explanation, but they usually require a notarized affidavit later.

If you are abroad, you may notarize through:

the Philippine Embassy/Consulate (consular notarization), or
a foreign notary + Apostille, depending on the receiving agency’s rules.

8. Formal Requirements of a Valid Affidavit of One and the Same Person

While no single statute prescribes a unique form, a proper Philippine affidavit typically includes:

Title: “Affidavit of One and the Same Person”
Affiant details: full name, citizenship, age, civil status, address
Statement of facts:
- specifying each name variation,
- identifying the documents where they appear,
- affirming they refer to the same person,
- explaining why variations exist (if known).
Signature of affiant
Jurat (notarial statement that affiant swore before the notary)
Notary’s signature, seal, and commission details

Without a jurat and notary acknowledgment, it is incomplete as an affidavit.

9. Common Misconceptions

“It’s signed anyway, so it’s valid.”

A signature alone does not create an affidavit. The oath is essential.

“I can just submit it; they’ll accept it.”

Most agencies will not. The whole function of the document is being sworn.

“Notarization only proves identity.”

It proves identity and the administration of oath, and it gives the document public-document status.

10. Limits of the Affidavit: It Doesn’t Automatically Correct Records

Even a notarized affidavit does not by itself amend civil registry entries. It mainly:

explains discrepancies,
supports applications, or
accompanies petitions.

For civil registry corrections, Philippine law distinguishes:

Clerical/typographical errors corrected administratively (with supporting affidavits), and
substantial changes requiring a court petition.

So the affidavit is supportive evidence, not the correcting instrument itself.

11. Risks of Using an Unnotarized Affidavit

Rejection by agency → delay, repeat fees, missed deadlines.
No presumption of truth → treated as self-serving.
No perjury deterrent → agencies may distrust it further.

12. Bottom Line

In Philippine legal practice:

An unnotarized “Affidavit of One and the Same Person” is not valid as an affidavit.
It is typically not accepted for official or legal purposes.
To gain legal effect, it must be sworn before an authorized officer and notarized.

Practical Guidance

If you need to use this affidavit for any Philippine transaction:

Draft the affidavit clearly with full details of name discrepancies.
Bring a valid ID (and supporting documents showing the discrepancies).
Notarize it before a notary public or consular officer.
Submit notarized copies to the relevant agency.

If you want, I can draft a clean, ready-to-notarize template tailored to your exact name discrepancy and the documents involved.