Name Discrepancies in Travel Documents and Use of Affidavit of Discrepancy

I. Why Names Must Match in Travel

International travel is a document-driven process. Airlines, immigration authorities, and foreign embassies rely on a traveler’s passport biographic page and its machine-readable zone (MRZ) as the principal identity reference. A mismatch between the passport name and names appearing in other travel-related documents (e.g., airline ticket, visa, boarding pass, travel authority, supporting civil registry records) can cause:

  • Denied boarding or forced ticket re-issuance
  • Secondary inspection or travel delays at immigration
  • Visa refusal or processing delays (where embassy/consular forms and supporting documents don’t align)
  • Doubts about identity (especially where the discrepancy resembles identity substitution or fraud)

Because border and airline systems often “read” names mechanically (character-by-character), even differences that seem minor to a person can be consequential.


II. Common Philippine Naming Patterns and Why Discrepancies Happen

A. Typical Philippine civil registry structure

Most Philippine-issued civil registry records and IDs follow this general pattern:

  • Given name(s)
  • Middle name (usually the mother’s maiden surname, for legitimate children)
  • Surname/Last name (typically the father’s surname, for legitimate children)

Discrepancies often arise because “middle name rules” can change depending on legitimacy, recognition, adoption, legitimation, or subsequent civil registry corrections.

B. Married women’s names: optionality and variations

Under Philippine law and practice, a married woman may (not must) use her husband’s surname. The Civil Code provisions on surnames (notably those commonly cited on married women’s surname use) are frequently invoked in practice alongside agency rules and documentary requirements.

Common travel-relevant variations include:

  • Maiden surname retained: Maria Santos Cruz
  • Husband’s surname adopted: Maria Santos Reyes (Santos as middle name, Reyes as surname)
  • Hyphenated or compound forms: Maria Santos-Cruz Reyes (often problematic in airline systems)
  • Different forms used across IDs (passport vs. SSS/PhilHealth/driver’s license)

A frequent scenario is a traveler whose passport remains in maiden name while other records (employment, IDs, tickets) are already in a married name—or the reverse.

C. Illegitimate children using father’s surname (RA 9255)

Republic Act No. 9255 allows certain illegitimate children to use the father’s surname subject to conditions (recognition/acknowledgment and required documentation). This can create transitional periods where:

  • birth record, school records, and IDs show different surnames, or
  • the middle name field becomes inconsistent (many illegitimate children do not use the mother’s maiden surname as a “middle name” in the same way as legitimate children, and formats vary across institutions).

D. Administrative and judicial corrections to civil registry entries

Errors in PSA/LCRO documents (misspellings, missing letters, wrong spacing, wrong order, wrong sex entry, wrong day/month of birth) lead to later corrections under:

  • RA 9048 (clerical/typographical errors and change of first name/nickname)
  • RA 10172 (administrative correction of day and month of birth and sex in certain cases)
  • Rule 108, Rules of Court (judicial correction/cancellation of entries for substantial matters, depending on the nature of the correction and jurisprudence)
  • Rule 103, Rules of Court (judicial change of name, typically for substantial changes)

Travel problems commonly occur during the “in-between” period: the person’s passport/IDs may still reflect the old entry while civil registry correction is ongoing (or vice versa).


III. What Counts as a “Name Discrepancy” in Travel Context?

A. Minor format inconsistencies (often tolerated but not guaranteed)

These are sometimes accepted depending on airline/immigration system limitations, but still risky:

  • Extra/missing spaces: DELA CRUZ vs DE LA CRUZ
  • Hyphenation differences: SANTOS-REYES vs SANTOS REYES
  • Punctuation differences: JR. vs JR
  • Diacritics/characters not supported: Ñ rendered as N
  • Middle initial vs full middle name: MARIA S. REYES vs MARIA SANTOS REYES

B. Substantive discrepancies (high risk)

These commonly trigger denial, rebooking, or immigration questioning:

  • Different surname entirely (maiden vs married; father’s surname vs mother’s; adoption/recognition issues)
  • Different given name(s): JUAN MIGUEL vs MIGUEL JUAN
  • Additional given name missing/added where systems treat it as a different person
  • Swapped first and last name fields (common when forms are filled incorrectly)
  • Different date of birth paired with name differences (a strong red flag)

C. Discrepancies between passport and visa

If a visa is issued under a name that does not match the passport, the traveler can be refused boarding or entry. Some states treat the visa as valid only in conjunction with the passport reflecting the same identity particulars.


IV. The Legal Nature of an Affidavit of Discrepancy

A. What it is

An Affidavit of Discrepancy is a sworn statement executed before a notary public (or authorized officer abroad) that:

  1. Identifies the affiant (the person affected by the discrepancy);
  2. Enumerates the different name versions appearing in various documents; and
  3. Explains that these refer to one and the same person, often stating the cause of the discrepancy (clerical error, marriage, typographical issue, customary usage, transitional records).

Closely related affidavits include:

  • Affidavit of One and the Same Person (functionally similar; often used when multiple name variants exist)
  • Affidavit of Explanation (a broader label that may include name issues)

B. What it is not

An affidavit:

  • Does not amend a PSA birth certificate, marriage certificate, or other civil registry record.
  • Does not automatically compel an airline, embassy, or immigration authority to accept a mismatched name.
  • Does not substitute for a properly re-issued passport where the passport name itself is wrong or no longer matches the civil registry record that the passport is expected to track.

In short: it is evidence, not a civil registry correction mechanism.

C. Notarial requirements in the Philippines

Affidavits are commonly executed under the 2004 Rules on Notarial Practice (and related rules), requiring:

  • personal appearance of the affiant before the notary,
  • competent evidence of identity (valid government-issued IDs), and
  • proper jurat (for sworn statements), entry in the notarial register, and notarial seal.

D. Use abroad: apostille/legalization

If the affidavit is to be used outside the Philippines, it may need authentication depending on the destination country and document type. The Philippines participates in the Apostille system (Hague Apostille Convention), so for many countries an apostille from the appropriate Philippine authority is used instead of consular legalization. Some destinations, transactions, or institutions may still impose specific formatting or authentication requirements.


V. When an Affidavit of Discrepancy Helps in Travel—and When It Usually Doesn’t

A. Situations where it may help (supporting/bridging evidence)

  1. Mismatch between supporting documents for a visa application Example: bank certificate or employment certificate shows married name; passport shows maiden name. The affidavit explains continuity of identity.

  2. Minor clerical differences across Philippine IDs Example: one ID includes a second given name; another omits it; the affidavit explains usage.

  3. Transitional period during civil registry correction Example: petition under RA 9048 is pending; traveler must demonstrate that old and new forms refer to the same person.

  4. Airline/customer service name correction requests Some airlines may accept an affidavit (with supporting civil registry documents) as part of a request to correct a ticket name, especially where the correction is minor and within airline policy.

B. Situations where it often does not solve the problem

  1. Ticket name does not match passport name in a substantive way Airlines are primarily concerned with matching the passport MRZ-compatible name fields. If the mismatch is major, an affidavit may not prevent denial of boarding.

  2. Visa is in a different name than the passport Many jurisdictions treat this as invalid pairing.

  3. Passport name is incorrect relative to the PSA record used as its basis The more durable solution is usually passport correction/re-issuance consistent with the civil registry record or the legally corrected record.

  4. The discrepancy suggests possible identity fraud Affidavits are less persuasive when discrepancies look deliberate (e.g., multiple unrelated surnames without documented legal basis).


VI. The Better Fix: Aligning Names Through Proper Civil Registry and Passport Actions

Where travel is frequent or high-stakes, affidavits are best treated as temporary support while the underlying documents are corrected.

A. Correcting PSA/LCRO records

  • RA 9048: typically used for clerical/typographical errors and change of first name/nickname (subject to statutory standards).
  • RA 10172: allows administrative correction for day/month of birth and sex in specified situations.
  • Rule 108: judicial correction for substantial changes in civil registry entries depending on facts and governing jurisprudence.
  • Rule 103: judicial change of name (generally for substantial name changes, with publication and court approval).

B. Correcting or updating the Philippine passport

Philippine passports are governed by RA 8239 (Philippine Passport Act of 1996) and implementing rules/practices of the Department of Foreign Affairs (DFA). In practice:

  • The passport name is expected to be supported by civil registry documents (e.g., PSA birth certificate; PSA marriage certificate for married women who adopt spouse’s surname).
  • If a passport bears an erroneous name, the durable remedy is usually a passport correction/re-issuance supported by the appropriate PSA/LCRO documents (and court orders where applicable).

VII. Practical Travel Guidance: Risk Management and Document Hygiene

A. Golden rule: ticket name should match passport name

For international flights, the safest practice is:

  • Use the passport name (as printed, following its spacing and sequence) for tickets, visas, frequent flyer profiles, and travel insurance.

Where airline systems limit characters/spaces, ensure the substantive components match and confirm with the airline’s name-format rules.

B. Carry a “name continuity packet” when discrepancies exist

For unavoidable situations (especially during transitions), travelers commonly carry:

  • Passport (old and new, if relevant)
  • PSA birth certificate
  • PSA marriage certificate (if married name is involved)
  • Court decree/order (if applicable) or administrative correction documents
  • Affidavit of Discrepancy / One and the Same Person
  • Supporting IDs showing both names (if available)

C. Avoid last-minute fixes at the airport

Airports are poor venues for resolving name problems. Airline check-in agents are bound by carrier policy and destination rules. A mismatch discovered at check-in can result in:

  • fees for name correction/reissue,
  • rebooking, or
  • forfeiture depending on fare conditions.

D. Special scenarios

  1. Dual citizens If traveling with two passports, name alignment is critical. Use consistent identity details across bookings and ensure entry/exit compliance with Philippine and foreign immigration rules.

  2. OFWs and overseas hires Employer records, work visas, POEA/DMW documentation (where applicable), and passports must align. Affidavits may help explain transitional records but do not replace corrected primary documents.

  3. Annulment/foreign divorce recognition and name reversion Name reversion is documentation-intensive. For travel, mismatches between older IDs, employment records, and passport can persist for years unless systematically aligned.


VIII. Drafting an Affidavit of Discrepancy: Essential Clauses

A well-prepared affidavit typically includes:

  1. Caption/Title: “AFFIDAVIT OF DISCREPANCY”
  2. Personal circumstances: full name, age, civil status, citizenship, address
  3. Statement of identity: declare you are the same person referenced by different names
  4. Enumerate discrepancies: list each document and the name appearing there
  5. Explain cause: typographical error, customary use, marriage, spacing constraints, legacy records
  6. Affirm truthfulness: sworn under oath
  7. Signatures: affiant signature; notary jurat

Sample (illustrative only)

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

                           AFFIDAVIT OF DISCREPANCY

I, [FULL NAME AS IN PASSPORT], of legal age, [civil status], Filipino, and
residing at [address], after having been duly sworn in accordance with law,
do hereby depose and state:

1. That I am the same person referred to in various records and documents
   under the names: (a) [Name Variant 1], (b) [Name Variant 2], and
   (c) [Name Variant 3].

2. That my name as appearing in my Philippine Passport is
   “[FULL NAME AS IN PASSPORT]” with passport number [________], issued on
   [date] at [place].

3. That in my [PSA Birth Certificate / ID / Employment Record / Ticket /
   other document], my name appears as “[Name Variant]”.

4. That the foregoing discrepancy was caused by [brief, truthful explanation:
   e.g., typographical error; omission of second given name; spacing limitation;
   usage of my married surname in certain records while my passport remains in
   my maiden surname; etc.].

5. That notwithstanding the difference in the manner my name is written, all
   the above-mentioned names refer to one and the same person—myself.

6. That I am executing this Affidavit to attest to the truth of the foregoing
   facts and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______ 20__
at ____________, Philippines.

                          __________________________
                          [AFFIANT NAME]
                          Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ at
____________, Philippines, affiant exhibiting to me competent evidence of
identity, to wit: [ID type and number].

                          __________________________
                          Notary Public

Important drafting notes:

  • Do not “invent” a cause; affidavits are sworn statements and can create liability if false.
  • Identify documents precisely (type, issuing office, number, date).
  • Keep explanations factual and restrained; over-explaining can create inconsistencies.

IX. Legal and Practical Limitations and Liabilities

  1. Perjury/false testimony risk Affidavits are sworn. False statements can expose an affiant to criminal and civil consequences.

  2. Agency discretion Airlines, embassies, and immigration officers retain discretion to accept or reject supporting documents. Affidavits are not universally accepted substitutes for matching primary documents.

  3. Fraud indicators Multiple name variants—especially across jurisdictions—can be treated as a fraud risk. The best antidote is consistent, primary document alignment (civil registry corrections, properly issued passports, accurate visa issuance).


X. Bottom Line Principles

  • The passport name is the central travel identifier; align tickets and visa applications to it.
  • An Affidavit of Discrepancy is a supporting tool to explain inconsistencies; it is not a cure-all and does not correct civil registry entries.
  • Durable resolution usually requires proper civil registry correction (administrative or judicial, depending on the issue) and passport re-issuance/correction consistent with the corrected record.
  • The highest-risk scenario is a substantive mismatch between passport, ticket, and visa; affidavits rarely overcome that on their own.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.