Abstract

Name mismatches are a leading cause of travel delays, visa refusals, denied boarding, and immigration secondary inspection. In the Philippines, an Affidavit of Discrepancy (often paired with an Affidavit of One and the Same Person) is commonly used to explain minor differences in a person’s name across documents. However, an affidavit is evidence, not a magic eraser: it can clarify identity but generally cannot change the legal name reflected in civil registry records or a passport. This article explains what an affidavit can and cannot do, when it is usually sufficient, when it is not, and what formal corrections are required under Philippine law and practice.

I. Why name consistency is “high-stakes” in travel

International travel operates on a strict identity chain:

Civil registry record (e.g., PSA Birth Certificate; PSA Marriage Certificate)
Passport (primary travel identity document)
Visa (if required)
Ticket / booking / boarding pass (must match passport for airline systems)
Entry/exit controls (immigration, border authorities)

A discrepancy at any link can trigger refusal of boarding (airlines), refusal of visa issuance (consulates), or entry/exit delays (immigration). In practice, airlines and border authorities rely most heavily on the passport; other documents are usually “supporting.”

II. “Name” in Philippine law and in travel systems

A. Philippine legal name anchor: civil registry

In the Philippines, the legal identity of name is rooted in civil registry entries recorded by the Local Civil Registrar and issued by the Philippine Statistics Authority (PSA), governed generally by the civil registry framework (including Act No. 3753) and related administrative/judicial correction laws.

A person’s name typically consists of:

Given name(s) (first name, plus any additional given names)
Middle name (usually the mother’s maiden surname, for most Filipinos)
Surname (family name)

B. Passport name: the “travel name”

A passport is the controlling travel document. Even if other IDs show a different spelling, the passport name is what airlines and foreign authorities will treat as the traveler’s operative identity.

C. Airline and border systems: the “machine-readable” reality

Airline reservations and passport machine-readable standards tend to:

Drop punctuation (periods, commas)
Compress spacing and remove special characters/diacritics
Restrict characters to a limited alphabet This is why “small” differences (hyphens, spaces, “Ma.” vs “Maria”) can still matter.

III. Common name discrepancy patterns (and why they happen)

A. Minor/clerical variations (often fixable with an affidavit)

Spelling differences that are plainly typographical (e.g., “Cristine” vs “Kristine”)
Space or hyphen inconsistencies (e.g., “Dela Cruz” vs “De la Cruz”; “Reyes-Santos” vs “Reyes Santos”)
Missing or present suffix (“Jr.” “III”) across records
Middle initial vs full middle name (e.g., “D.” vs “Delos Santos”)

B. Use-based variations (sometimes affidavit helps, sometimes not)

Use of nickname as first name in informal records
Reversal of given names (“Juan Miguel” vs “Miguel Juan”)
“Ma.” in school/employment records vs “Maria” in civil registry/passport
Married name usage differences (maiden vs husband’s surname)

C. Material differences (often not curable by affidavit alone)

Different surname entirely (unless supported by marriage/adoption/recognition and corrected documents)
Different given name that looks like a different person
Different date/place of birth tied to the identity record chain
Changes that imply a legal status issue (legitimation, adoption, recognition, annulment effects)

IV. The Affidavit of Discrepancy: what it is and what it is not

A. What it is

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

Identifies the affiant (the person affected)
Enumerates the documents where the names differ
Explains the nature/cause of the discrepancy
Declares that the differing names refer to one and the same person
Attaches supporting documents to demonstrate identity continuity

It is often paired with an Affidavit of One and the Same Person, especially when the discrepancy is recurring across multiple documents.

B. What it is not

An affidavit generally does not:

Amend a PSA birth/marriage record by itself
Change the legal name on a passport by itself
Compel an airline, embassy, or immigration authority to accept a mismatch Acceptance is often discretionary and risk-based.

C. Legal consequences of false statements

Because it is sworn, a false affidavit can expose the affiant to perjury (and other related liabilities), aside from travel complications.

D. Notarial essentials (Philippine practice)

A valid affidavit typically requires:

Personal appearance before the notary
Competent proof of identity
Proper jurat and notarial details If intended for foreign use, the affidavit often needs Apostille from the DFA (as the Philippines uses the Apostille system for documents destined for other Apostille Convention countries).

V. The practical test: when an affidavit is “enough”

There is no universal rule that binds all airlines/embassies. But in Philippine practice, an affidavit is most likely to be sufficient when all of the following are true:

1) The discrepancy is minor and clearly clerical/formatting

Examples where an affidavit is commonly used as supporting proof:

Extra/missing space or hyphen (e.g., “Dela Cruz” vs “De la Cruz”)
Middle initial vs middle name expansion
Missing suffix in one document
A single-letter typo that is clearly consistent with other identifiers

Why it works: The affidavit helps show continuity of identity without suggesting a different person.

2) The passport (and visa, if applicable) is already consistent with the “true” identity chain

Affidavits work best when they explain mismatches in secondary documents (school records, employment records, bank records) but do not conflict with the passport.

Example: PSA Birth Certificate and passport both show “MARIA CLARA SANTOS REYES,” but an old school record shows “MA. CLARA S. REYES.” An affidavit plus PSA and passport copies usually explains this.

3) The discrepancy is about how the name is written, not what the legal name is

Affidavits are stronger for “format issues” than “name change issues.”

4) The purpose is documentary clarification—not record correction

Affidavits are commonly accepted for:

Explaining differences in supporting documents for visa applications (depending on the embassy’s rules)
Clarifying identity for notarized transactions, travel-related affidavits, or ancillary requirements
Supporting airline or agency requests where they ask for a “name discrepancy affidavit” as part of a file

5) The supporting evidence is strong and consistent

An affidavit is persuasive when attached to:

PSA Birth Certificate / Marriage Certificate
Current passport bio page
Government-issued IDs showing consistent photo/biometrics
Any prior passport (if available) showing continuity

VI. When an affidavit is not enough (and why)

A. When the mismatch is between the ticket/booking and the passport

Airlines typically require the booking name to match the passport name closely because:

Boarding and passenger name records are standardized
Watchlist and security matching is automated
Airlines bear financial penalties for transporting improperly documented passengers

In most real-world cases, an affidavit will not cure a ticket-passport mismatch at the check-in counter. The operative solution is almost always to correct the booking to match the passport (or rebook), not to “explain” it.

B. When the mismatch is between the visa and the passport

A visa issued in a name that does not match the passport is a high-risk scenario. Affidavits may help an embassy decide whether to reissue or correct, but entry authorities and airlines may still refuse.

C. When the underlying problem is a civil registry error

If the PSA Birth Certificate contains the wrong name (or spelling) and the traveler wants it corrected, an affidavit is not the proper mechanism. Philippine law provides specific routes:

Administrative correction for clerical errors / certain changes (e.g., RA 9048 and RA 10172 coverage)
Judicial correction/change for substantial issues (Rules of Court procedures)

D. When the discrepancy is material (identity doubt)

Affidavit alone is usually insufficient if the documents show:

Completely different surnames without a clear legal basis
Different given names that do not look like spelling variants
A pattern suggesting two identities (e.g., different birth dates, different parentage entries)
A change that implies adoption/legitimation/recognition issues

E. When the issue is a legal change of name

A “true” change of name generally requires the appropriate administrative or judicial process (not merely an affidavit), and then updating travel documents accordingly.

VII. How discrepancies are formally fixed in the Philippines (overview)

A. Administrative correction routes (commonly invoked)

Philippine law allows certain corrections without a full court case, typically handled through the Local Civil Registrar and then reflected in PSA records, depending on the type of error:

Clerical/typographical errors in civil registry entries
Change of first name under specific grounds and procedures
Certain corrections to day/month of birth or sex under defined conditions (subject to the law’s scope and evidence requirements)

These processes exist to correct the source record so that passports and other documents can be aligned.

B. Judicial routes (when administrative correction is not available or is denied)

Court procedures are generally used for:

Substantial changes to registry entries
Changes of name that require judicial authority (commonly associated with Rule 103/Rule 108 practice)
Corrections involving parentage/status issues where a court order is required

C. Status-driven name changes that often require primary documents, not affidavits alone

Marriage (supported by PSA Marriage Certificate; surname use is a choice but passport name must be consistent)
Annulment/nullity/recognition of foreign divorce (effects on surname and records depend on proper recognition/annotation and documentation)
Adoption/legitimation/recognition (primary civil registry documents control)

VIII. A decision guide: “Affidavit only” vs “Affidavit + correction”

Usually “Affidavit of Discrepancy” can be enough (as supporting proof) when:

Passport is correct and consistent with PSA, but a supporting document is inconsistent
Discrepancy is minor formatting/spelling and identity is otherwise clear
The receiving office specifically accepts affidavits for minor discrepancies (still discretionary)

Usually “Affidavit is not enough” when:

The name you need to use for travel is not the name in your passport
You need to correct a PSA record
The discrepancy is material or suggests different identities
A visa has already been issued in a conflicting name
The discrepancy involves legal status (adoption, legitimacy, annulment effects) requiring primary documentation and often annotation/court action

IX. Practical travel-risk management (Philippine setting)

A. The “passport-first” rule

For international travel, the safest operational rule is: The ticket and visa name should match the passport name. Affidavits are best treated as backup support, not the primary fix.

B. Bring a compact “identity continuity set” when a discrepancy exists

Common bundle:

Passport bio page copy
PSA Birth Certificate (and PSA Marriage Certificate if using married surname)
Government-issued IDs
Affidavit of Discrepancy / One and the Same Person
Any document showing the origin of the variation (e.g., old IDs, school records)

C. Apostille for foreign use

If the affidavit will be submitted to a foreign embassy/authority, it commonly needs Apostille (or the destination’s required authentication pathway).

X. Suggested structure and contents of an Affidavit of Discrepancy

Key drafting goals: clarity, document mapping, and identity continuity.

Essential contents

Personal circumstances (full passport name, date/place of birth, citizenship, address)
Statement of the discrepancy
- Identify the “correct” name (usually as in PSA/passport)
- List the variant name(s) exactly as they appear
Document-by-document table (recommended)
- Document title, document number (if any), issuing authority, date issued
- Name appearing in that document
Explanation of cause
- Clerical typographical error, formatting convention, abbreviation practice, etc.
One and the same person declaration
Purpose clause
- For travel/visa/immigration/document harmonization
Attachments clause
- Attach certified/true copies where possible
Jurat/notarial block and valid identification details

XI. Sample (generic) Affidavit of Discrepancy (Philippines)

AFFIDAVIT OF DISCREPANCY

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

That I am the same person referred to in the following documents: [list primary documents, e.g., PSA Birth Certificate, Philippine Passport No. ___].

That my correct and legal name is [FULL NAME AS IN PSA/PASSPORT].

That in [identify document/s with discrepancy], my name appears as [VARIANT NAME EXACTLY AS WRITTEN], which differs from my correct name due to [brief explanation: clerical/typographical/formatting/abbreviation].

That despite the foregoing discrepancy, [FULL NAME AS IN PSA/PASSPORT] and [VARIANT NAME] refer to one and the same person, namely myself.

That I am executing this affidavit to attest to the truth of the foregoing and for whatever legal purpose it may serve, including [travel/visa/immigration/documentary requirements].

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__ in [City/Municipality], Philippines.

[AFFIANT’S NAME]

SUBSCRIBED AND SWORN TO before me this ___ day of __________ 20__ in [City/Municipality], Philippines, affiant exhibiting to me [ID type and number].

Notary Public Doc. No. ___; Page No. ___; Book No. _; Series of 20.

XII. Key takeaways

An Affidavit of Discrepancy is supporting evidence to explain minor name variations; it generally does not amend civil registry records or automatically change passport details.
It is most effective when the discrepancy is minor, identity is clear, and the passport/PSA record is consistent.
It is usually ineffective as a cure when the mismatch is ticket vs passport or visa vs passport—those typically require document correction/reissuance.
If the root cause is a civil registry error or a true change of name/status, Philippine law provides administrative and judicial mechanisms that must be followed to align records.