Affidavit and Notarization Requirements

Quick answer

An affidavit is a written statement of facts made under oath or affirmation. In the Philippines, it is ordinarily completed through a jurat: the affiant personally appears before a duly commissioned notary public, is properly identified, signs the affidavit in the notary’s presence, and swears or affirms that its contents are true.

For traditional notarization, bring the complete affidavit and at least one current government-issued identification document bearing your photograph and signature. Do not sign in advance unless the notary expressly instructs you to do so in the notary’s presence. Never ask a notary to notarize a blank, incomplete, backdated, or falsely dated affidavit.

Electronic notarization is legally available for qualifying electronic documents through a commissioned Electronic Notary Public and a Supreme Court-accredited electronic notarization facility. An ordinary video call, emailed scan, or electronic signature by itself is not electronic notarization.

The exact affidavit, supporting documents, number of copies, format, and filing deadline depend on the court, government agency, bank, school, employer, or other recipient requiring it.

What makes a document an affidavit?

A document is not an affidavit merely because it is titled “Affidavit” or ends with a notarial block. It should:

• identify the affiant accurately;
• state facts within the affiant’s personal knowledge;
• present those facts clearly and truthfully;
• identify relevant people, dates, places, documents, and events with sufficient detail;
• attach or properly describe supporting documents when necessary;
• contain the affiant’s signature or permitted mark; and
• be sworn or affirmed before an authorized officer through a proper jurat.

A typical affidavit uses numbered paragraphs and ends with a statement that the affiant is executing it to attest to the truth of the stated facts and for the identified lawful purpose. identified There is no single universal affidavit form. A prescribed form from the receiving office should be used when one exists.

Statements based only on rumor, assumption, or another person’s account should not be presented as personal knowledge. If information came from records or another source, the affidavit should say so accurately and identify that source when relevant.

Jurat versus acknowledgment

These notarial acts serve different lawful purpose. There is no single universal affidavit form. A prescribed form from the receiving office should be used when one exists.

Statements based only on rumor, assumption, or another person’s account should not be presented as personal knowledge. If information came from records or another source, the affidavit should say so accurately and identify that source when relevant.

Jurat versus acknowledgment

These notarial acts serve different purposes purposes.

Notarial act	What the signer does before the notary	Common use
Jurat	Personally appears, is identified, signs in the notary’s presence, and takes.

Notarial act	What the signer does before the notary	Common use
Jurat	Personally appears, is identified, signs in the notary’s presence, and takes an oath or affirmation regarding the document	Affidavits, sworn statements, and verified documents
Acknowledgment	Personally appears, is identified, and declares that the an oath or affirmation regarding the document	Affidavits, sworn statements, and verified documents
Acknowledgment	Personally appears, is identified, and declares that the signature and execution of the document are voluntary	Deeds, contracts, special powers of attorney, and similar instruments

An affidavit normally requires a jurat, signature and execution of the document are voluntary | Deeds, contracts, special powers of attorney, and similar instruments |

An affidavit normally requires a jurat, not merely an acknowledgment. Using the wrong notarial certificate may make the document unacceptable or undermine not merely an acknowledgment. Using the wrong notarial certificate may make the document unacceptable or undermine its evidentiary value.

Under the [2004 Rules on Notarial Practice](https its evidentiary value.

Under the 2004 Rules on Notarial Practice,-on-notarial a-practice/), a jur jurat isat is performed performed on a single occasion: on a single occasion: the the person person appears appears before the notary before the notary,, presents presents the the document, is document, is personally known personally known or or properly identified, signs in properly identified, signs in the notary’s presence, and the notary’s presence, and takes the oath or affirmation.

takes the oath or affirmation.

Traditional paper notarization requirements

Personal## Traditional paper notarization requirements

Personal appearance appearance

The affiant must physically appear before

The affiant must physically appear before the notary public. the notary public. Sending a Sending a signed signed affidavit affidavit through a relative through a relative,, liaison, courier, or liaison, courier, or messenger does not messenger does not satisfy this requirement. A notary may not law satisfy this requirement. A notary may not lawfully certify that an absent person appearedfully certify that an absent person appeared.

Personal appearance allows the notary to:

• verify.

Personal appearance allows the notary to:

• verify the aff the affiant’s identity; iant’s identity;
• observe whether the affiant is signing voluntarily- observe whether the affiant is signing voluntarily; ;
• determine whether the affiant appears to understand the document;
• determine whether the affiant appears to understand the document;
• witness the signature for a jurat; and
• administer- witness the signature for a jurat; and
• administer the oath or affirmation.

The Supreme Court has repeatedly treated personal appearance as an essential the oath or affirmation.

The Supreme Court has repeatedly treated personal appearance as an essential safeguard, not a safeguard, not a technical technical formality. See, for formality. See, for example example,, [GGonzonzalesales v v.. Ramos Ramos, A, A.C.C. No. 113. No. 11346](https://lawphil46.

Competent evidence of identity

If the notary does not personally know the affiant, identity must ordinarily be_2017.html).

Competent evidence of identity

If the notary does not personally know the affiant, identity must ordinarily be established by at least one current identification document issued by an official agency and bearing the person’s photograph and signature. The Supreme Court’s amended definition gives examples such as a passport, driver established by at least one current identification document issued by an official agency and bearing the person’s photograph and signature. The Supreme Court’s amended definition gives examples such as a passport, driver’s license’s license, PRC ID, SSS card, GSIS e-card, and other qualifying government-issued identification. See the 2008 amendment to Rule II, Section 12.

Whether a particular card, PRC ID, SSS card, GSIS e-card, and other qualifying government-issued identification. See the 2008 amendment to Rule II, Section 12.

Whether a particular card qualifies depends on whether it is current, officially issued, and contains the required photograph and signature. A notary may request additional identification if names, signatures, photographs, addresses, or other details do not match.

The Rules also recognize identification through credible witnesses under specified conditions:

• one credible witness who is personally known to the notary and personally knows the affiant; or
• two credible witnesses who personally know the qualifies depends on whether it is current, officially issued, and contains the required photograph and signature. A notary may request additional identification if names, signatures, photographs, addresses, or other details do not match.

The Rules also recognize identification through credible witnesses under specified conditions:

• one credible witness who is personally known to the notary and personally knows the affiant; or
• two credible witnesses who personally know the affiant and present the required documentary identification.

A credible witness must not be privy to the document or transaction. This route is not simply a substitute for bringing an inconveniently forgotten ID; the notary must be satisfied that all conditions are met.

A complete and final document

Before notarization, check that:

• no required affiant and present the required documentary identification.

A credible witness must not be privy to the document or transaction. This route is not simply a substitute for bringing an inconveniently forgotten ID; the notary must be satisfied that all conditions are met.

A complete and final document

Before notarization, check that:

• no required paragraph, date, name, amount, property description, or attachment is missing;
• all corrections are clear and properly confirmed;
• all referenced annexes are attached and correctly labeled;
• every required paragraph, date, name, amount, property description, or attachment is missing;
• all corrections are clear and properly confirmed;
• all referenced annexes are attached and correctly labeled;
• every required affiant or witness is available; affiant or witness is available;
• the notarial- the notarial certificate certificate matches matches the the required act; and required- the act; and
• the document contains document contains no unfilled no unfilled material blanks material blanks.

A notary.

A notary must must refuse a refuse a notarial act if the document notarial act if the document is blank or incomplete. is blank or incomplete. The notary must also refuse The notary must also refuse when the not when the notary knows orary knows or has has good good reason to believe reason to believe that the that transaction the transaction is is unlawful unlawful, the, signer the signer is not acting is not freely acting freely, or the signer does not understand the consequences of the act.

Signature, or the signer does not understand the consequences of the act.

Signature and oath

For a jurat, the affiant signs or places the permitted mark and oath

For a jurat, the affiant signs or places the permitted mark **in in the notary’s presence and then takes an oath or affirmation. Signing days earlier and merely showing the signature to the notary is not the prescribed jurat process.

If the affiant cannot sign the notary’s presence** and then takes an oath or affirmation. Signing days earlier and merely showing the signature to the notary is not the prescribed jurat process.

If the affiant cannot sign and must use and must use a thumbmark or another mark, tell the notary beforehand. Special procedures and witnesses may be required. Do not improvise the execution.

Entry a thumbmark or another mark, tell the notary beforehand. Special procedures and witnesses may be required. Do not improvise the execution.

Entry in the notarial register

The notary records the act in a notarial register at the time of notarization. The entry includes information such as the date and time, type of not in the notarial register

The notary records the act in a notarial register at the time of notarization. The entry includes information such as the date and time, type of notarial act, title or description of the document, name and address of each principal, identification used, credible witnesses when applicable, fee, and relevant circumstances.

The affiant may be asked to sign or place a thumbmark in the register. Check that the document’s notarial details—document number, page number, book number, series, date, notary’s name,arial act, title or description of the document, name and address of each principal, identification used, credible witnesses when applicable, fee, and relevant circumstances.

The affiant may be asked to sign or place a thumbmark in the register. Check that the document’s notarial details—document number, page number, book number, series, date, notary’s name, commission information, signature, and seal—are present and internally consistent.

What the notary checks—and what the notary does not certify

Proper notarization establishes the performance of the notarial act, including appearance, identification, execution, and, for a jurat commission information, signature, and seal—are present and internally consistent.

What the notary checks—and what the notary does not certify

Proper notarization establishes the performance of the notarial act, including appearance, identification, execution, and, for a jurat, administration of an oath. It does not mean that the notary independently investigated and proved every factual statement in, administration of an oath. It does not mean that the notary independently investigated and proved every factual statement in the affidavit.

The affiant remains responsible the affidavit.

The for the truth and accuracy of the affidavit. A knowingly false material statement under oath may expose the affiant to perjury or affiant remains responsible for the truth and accuracy of the affidavit. A knowingly false material statement under oath may expose the affiant to other civil, criminal perjury or other civil, criminal, administrative,, administrative, or or professional consequences, depending on the facts professional consequences, depending and intended use on the facts and intended use.

Notarization can give a private document the.

Notarization can give a private document the character and evidentiary advantages of a public document. character and evidentiary advantages of a public document. A defective notarization, however, may strip the document of that public character and leave it to be treated as a private document. The Supreme Court discusses this consequence in P A defective notarization, however, may strip the document of that public character and leave it to be treated as a private document. The Supreme Court discusses this consequence in [Patenia-Kinatac-an v. Patenia-Decena, G.R. No. 238325](https://lawphil.net/judjuris/juri2020/jun2020/gr_238325atenia-Kinatac-an v. Patenia-Decena, G.R. No. 238325.

Not every document must be notarized

Notarization is required when a statute, court rule, regulation, prescribed form, contract, or receiving institution requires it_2020.html).

Not every document must be notarized

Notarization is required when a statute, court rule, regulation, prescribed form, contract, or receiving institution requires it. Parties also sometimes use notarization to strengthen proof of a document’s execution.

The [Civil. Parties also sometimes use notarization to strengthen proof of a document’s execution.

The Civil Code, particularly Articles 1356–1358 Code, particularly Articles 1356–1358](https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html), requires certain acts and contracts to appear in a publicrepacts/ra1949/ra_386_1949.html), requires certain acts and contracts to appear in a public document document, including specified transactions involving rights over imm, including specified transactions involving rights over immovableovable property. property. Other Other laws laws impose impose stric stricterter formal formalitiesities for particular for particular transactions transactions.

.

The legal effect of failingThe legal effect of failing to to notar notarizeize is is not not uniform uniform.. In In some some situations, situations, the the issue concerns issue concerns proof proof,, convenience, registration convenience, registration,, or enforceability between or enforceability between the parties. In others—such the parties. In others—such as a donation as a donation of immovable of immovable property property—the—the required required public-document form public-document form may be essential to may be essential to validity. Do not assume that an validity. Do unnotar not assume that an unnotarized documentized document is is always always void void or or always always enforceable; enforceable; the the governing governing law law and type of transaction and type of transaction control.

control.

Who Who may may notar notarize and whereize and where?

?

For traditional notarizationFor traditional notarization,, use use a a lawyer with lawyer with a a valid valid not notarialarial commission commission for the for the relevant relevant territorial territorial jurisdiction jurisdiction.. A lawyer A is not automatically authorized to act as a notary merely because the person is a member of lawyer is not automatically authorized to act as a notary merely because the person is a member of the the Philippine Bar Philippine Bar.

A traditional not.

A traditional notary ordinarilyary ordinarily performs notarial performs notarial acts at the notary’s regular place acts at the notary’s regular place of work or business within of work or business within the the territorial territorial jurisdiction jurisdiction of of the the commissioning court commissioning court.. Limited exceptions Limited exceptions permit notar permit notarizationization at at certain other places, certain other places such as hospitals, detention, such as hospitals, facilities, detention facilities, or or a a principal’s residence when the principal’s residence when the principal principal cannot cannot travel travel for for a valid a valid reason reason.

A not.

A notaryary must not perform must not perform the act the act when when disqualified disqualified by by a a prohibited prohibited interest interest or relationship. This or relationship. This includes includes situations situations in in which the which not the notaryary:

• is:

• is a party a party to to the the document or transaction; document or transaction; -- will will receive a direct or receive a direct or indirect commission indirect commission,, advantage advantage,, right right,, title title,, interest interest,, cash cash, property, property,, or other consideration beyond or other consideration beyond the proper notarial the proper fee; notarial fee; or

• is related or

• is to a related to a principal principal within within the the prohibited prohibited degree degree under the Rules under the Rules.

.

If the notary’s authority, location, relationshipIf the notary’s authority, location, relationship, or interest is questionable, use, or interest is questionable, use another commissioned notary.

another commissioned notary.

Electronic and remote notarization

The Supreme Court’s [Rules Electronic and remote notarization

The Supreme Court’s on Electronic Notarization, A.M. No. 24-Rules on Electronic Notarization, A.M. No. 24-10-14-SC, supplement traditional notarization and govern qualifying **electronic documents11/98644), supplement traditional notarization and govern qualifying electronic documents. They provide two modes:

• ****. They provide two modes:

• In-Person Electronic NotIn-Person Electronic Notararization: theization:** the principal and witnesses physically appear before principal and witnesses physically appear a commissioned Electronic Notary Public before a commissioned Electronic Notary and use the Public and use the accredited electronic system.

• accredited electronic system.

• ** **Remote Electronic Notarization:Remote Electronic Notarization: the the principal and principal and witnesses witnesses appear appear virtually virtually before before the Electronic the Electronic Notary Public through Notary Public through a a Supreme Court-ac Supreme Court-accreditedcredited Electronic Notarization Facility Electronic Notarization Facility.

.

Remote appearance isRemote not satisfied by appearance is not satisfied by an an informal informal Zoom Zoom, Messenger, Messenger,, V Viber,iber, or or similar similar call call arranged outside the arranged outside the prescribed prescribed system system.. Pre Pre-record-recordeded signing videos are prohibited signing videos are. The electronic prohibited. The document electronic document, identity verification, signatures, session, certificate, identity verification, signatures, session, certificate, and electronic records must comply with the Rules, and electronic records must and comply with the Rules and the accredited facility’s the procedures.

As a general accredited facility rule’s procedures.

As a general rule,, the the participants participants in in remote electronic notar remote electronic notarization must be within the Philippines.ization must be within the Philippines. A limited procedure exists for a A limited procedure exists for a principal abroad who is physically within principal abroad who is physically within the premises of a Philippine the premises of a embassy, consular office, Philippine embassy, consular office, or office of a Philippine honorary consul, subject to verification and or office of a Philippine honorary consul, subject to verification and the other requirements of the Rules.

Electronic notarization does not cover the other requirements of the Rules.

Electronic notarization does not cover every instrument. Notably, the electronic rules do not apply to wills. every instrument. Notably, the electronic rules do not apply to wills. Paper documents with handwritten signatures remain governed by the traditional notarial rules.

Before paying an Paper documents with handwritten signatures remain governed by the traditional notarial rules.

Before paying an online provider, verify:

1. that the document is eligible for electronic notarization;

2. that the online provider, verify:

3. that the document is eligible for electronic notarization;

4. that the lawyer holds a valid electronic notarial commission;

5. lawyer holds a valid electronic notarial commission;

6. that the platform is a Supreme Court-accredited Electronic Not that the platform is a Supreme Court-accredited Electronic Notarization Facility; and

7. that the intended recipient acceptsarization Facility; and

8. that the intended recipient accepts the resulting electronic document.

The Supreme Court the resulting electronic document.

The Supreme Court maintains official electronic-notarization guidance and FAQs maintains official electronic-notarization guidance and FAQs.

Affidavitssc.judiciary.gov.ph/enotarization/faqs/).

Affidavits executed outside the Philippines

A document signed abroad for use in the Philippines may generally be:

• executed before a Philippine executed outside the Philippines

A document signed abroad for use in the Philippines may generally be:

• executed before a Philippine embassy or consulate that provides the relevant not embassy or consulate that provides the relevant notarial service; or
• notarizedarial service; or
• notarized or authenticated according to the law of or authenticated according to the law of the the foreign foreign country country and and then then apost apostilledilled when when the the country is a country is a party to the party to the Apost Apostille Conventionille Convention.

.

ForFor a a non non-Apostille-Apostille country, authentication requirements country, authentication requirements may differ. may differ. The The Philippine receiving office Philippine receiving office may also impose a translation may also impose, a translation, prescribed wording prescribed wording,, witness witness, original-document,, original-document, or or recency requirement recency requirement.

.

CheckCheck both the relevant both the relevant Philippine Philippine embassy embassy or consulate and or consulate and the Philippine office the that will receive Philippine office that will receive the the affidavit affidavit before before execution. execution Do not assume. Do not assume that that foreign notarization foreign notarization alone makes the document alone makes the document immediately immediately acceptable in the Philippines.

acceptable in the Philippines.

Practical steps Practical

steps

Before Before visiting visiting the notary

1 the notary

1. Obtain. Obtain the receiving office’s current the receiving office’s current form form and and instructions instructions. 2..
2. Confirm Confirm whether whether it requires a jurat it requires a jurat, acknowledgment, verification, witnesses, annexes, or a, acknowledgment, verification, witnesses, annexes, or a specific number of originals.
3. Prepare specific number of originals.
4. Prepare a factually complete draft. a factually complete draft. Use Use full legal names consistent with the supporting IDs full legal. names consistent with the supporting IDs.
5. Review every statement and remove anything4. Review every statement and remove anything you cannot truthfully swear to.
6. Gather original supporting documents and clear you cannot truthfully swear to.
7. Gather original supporting documents and clear copies copies.
8. Bring a current qualifying government-issued ID, plus a second ID if available.
10. Bring a current qualifying government-issued ID, plus a second ID if available.
11. Leave the signature. Leave the signature and and oath oath date date blank blank until until you appear before the you appear before the notary notary,, unless unless the the applicable applicable procedure directs otherwise. 8 procedure directs otherwise.
12. Ask about the fee. Ask about the fee and and request request a receipt when appropriate.

During notarization a receipt when appropriate.

During notarization

1. Confirm the notary’s name and current commission.
2. Present the complete document and1. Confirm the notary’s name and current commission.
3. Present the complete document and original original identification.
4. Answer identity and voluntariness questions truthfully.
5. Sign only in the notary’s presence for a jurat.
6. Take identification.
7. Answer identity and voluntariness questions truthfully.
8. Sign only in the notary’s presence for a jurat.
9. Take the oath or affirmation.
10. Sign the notarial register if required.
11. Check the notarial certificate the oath or affirmation.
12. Sign the notarial register if required.
13. Check the notarial certificate, seal, date, and register details before leaving.

After notarization

1. Keep the original in a secure place. 2, seal, date, and register details before leaving.

After notarization

1. Keep the original in a secure place. . Make a clear color scan of the entire document, including annexes and the notarial page. 3.2. Make a clear color scan of the entire document, including annexes and the notarial page.
2. Keep the exact version submitted to the recipient.
3. Preserve the receipt, Keep the exact version submitted to the recipient.
4. Preserve the receipt, filing acknowledgment, courier record filing acknowledgment, courier record, email, email,, or electronic transmission record or electronic transmission. 5 record.
5. Record. Record the the notary notary’s’s complete complete name, office name, office address, address, commission details, commission details, and and contact information. 6 contact information. 6.. Meet Meet the recipient’s filing the recipient’s filing deadline deadline; notarization itself; notarization does not itself does not extend extend it it.

Evidence to.

Evidence to preserve if preserve if authenticity authenticity may may be be disputed disputed

PresPreserveerve:

• the:

• the original original notar notarizedized affidavit; affidavit; -- copies of copies of every every version version and and annex;

• annex;

• the the IDs IDs presented presented,, subject subject to to secure secure handling of personal handling of personal data; data;

• the- the notarial receipt and notarial receipt and appointment appointment record; record; -- messages messages arranging arranging the execution;

• the execution;

• proof of the date, time proof of the date, time, and place of appearance;

• filing, and place of appearance;

• filing or delivery records;

• or delivery records;

• relevant relevant photographs photographs,, CCTV CCTV requests, or witness details requests, or witness details;; and

• any and

• any certification later obtained from the Clerk of certification later obtained from the Clerk of Court concerning the notary’s commission Court concerning the notary’s commission or or register entry.

Do register entry.

Do not write on, not write on, detach pages from, detach pages from, staple new documents to, staple new documents to, or or “correct” “correct” the notar the notarized original after executionized original after execution. A. A material material correction may require correction may require a a newly newly executed executed affidavit.

affidavit.

IfIf your your signature was forged or signature a document was forged or a document was notarized without your was notarized without appearance your appearance,, promptly promptly secure secure a a copy copy,, preserve preserve the the original original evidence evidence,, avoid avoid confronting confronting suspected suspected participants participants in a way that in a way that could could destroy evidence, and obtain destroy evidence, and obtain legal advice.

Common mistakes legal advice.

Common mistakes

• Signing Signing the the affidavit before appearing affidavit for the before appearing for the jurat jurat. . -- Sending Sending another person another person to to have have an an already already signed document notarized.

• signed document notarized. Using an expired- Using an expired, damaged, or, damaged nonqual, or nonqualifying IDifying ID. . -- Leaving Leaving important important blanks blanks to to be be filled filled after after notar notarization. ization.

• Giving- Giving the the notary notary a a signature signature page page without without the complete document.

• the complete document.

• Using an Using an acknowledgment when acknowledgment when the the receiving receiving office requires a jurat. office- Copying a template that does requires a jurat.

• Copying a template that does not fit the actual facts.

• Swearing not fit the actual facts.

• Swearing to conclusions to conclusions, rumors,, rumors, or or events events outside personal knowledge. outside personal knowledge.

• Omitting or- Omitting or mis mislabellabelinging annex annexes. es.

• Backdating- Back the affidavit or notarialdating the affidavit or certificate. notarial certificate. -- Treat Treatinging an electronic signature an electronic or informal video call as signature or informal video call as notarization.

• Assuming every notarization.

• Assuming every lawyer has a valid notarial commission.

• Assuming notarization proves the transaction is lawful lawyer has a valid notarial commission.

• Assuming notarization proves the transaction is lawful or every statement is true.

• Ignoring a court, agency, or every statement is true.

• Ignoring a court, agency, or contractual or contractual deadline deadline while while correcting correcting the the affidavit affidavit. . -- Using Using a a Philippine Philippine-notar-notarizedized document document abroad abroad without checking apost without checking apostilleille or or destination destination-country-country requirements requirements.

##.

When When legal legal help help is is urgent urgent

ConsultConsult a a Philippine lawyer promptly if:

• the affidavit Philippine lawyer promptly if:

• concerns land the affidavit concerns land,, inheritance inheritance, corporate, corporate ownership, ownership, a a large large debt debt,, fraud fraud, violence, custody, immigration, tax, or possible, violence, custody, immigration, tax, or possible criminal conduct;

• you are being pressured to sign a statement you do not understand or believe criminal conduct;

• you are being pressured to sign a statement you do not understand or believe is inaccurate;

• the affidavit will be filed in court or used in an ongoing investigation;

• a is inaccurate;

• the affidavit will be filed in court or used in an ongoing investigation;

• a deadline, hearing, prescriptive period, appeal period, or government deadline, hearing, prescriptive period, appeal period, or government filing date is near;

• filing date is near;

• an affidavit must an affidavit must be be withdrawn or withdrawn or corrected corrected after after submission submission; ; -- a a signature signature appears forged appears forged or notarization occurred or notarization occurred without without personal appearance; personal appearance; -- the notary’s the notary’s commission commission or or register entry register entry cannot cannot be verified;

• the document be verified;

• the document was executed was executed abroad and abroad and acceptance acceptance is is uncertain uncertain;; or or

• the the receiving receiving office office rejected the document rejected the document and and the the remaining remaining time is time is short short.

.

An affidavit canAn affidavit can become become evidence against the person evidence against the person who who signed it signed it.. Read the complete Read the complete document document and and obtain obtain independent independent advice before swearing advice before sw to disputedearing to disputed or or legally legally significant facts.

significant facts.

Frequently asked questions

Frequently asked questions### Can

Can I notarize I notarize an affidavit an affidavit that that I I already signed already signed?

?

ForFor a a jurat, jurat, the the prescribed prescribed process requires signing process in the not requires signing in the notary’s presenceary’s presence.. The The notary may notary may require require a a clean clean copy copy to be signed again to be signed again properly.

properly.

Is one valid Is one valid ID enough ID enough?

One?

One current current official official identification document identification document bearing bearing your photograph your photograph and and signature signature can can satisfy satisfy the the general rule general rule.. A notary or A notary or receiving institution receiving institution may may reasonably request another ID when reasonably request another ID when identity identity details are details are unclear unclear or or inconsistent.

inconsistent.

Can Can a barang a barangayay official official notar notarizeize an an affidavit affidavit?

A barang?

ay official isA barangay official is not not a a notary public not merelyary public merely by by holding holding barangay office. barangay office. The The official official may may administer administer an an oath only when oath only when a a specific law grants specific law grants that that authority for authority for the the matter matter involved involved.. A A barangay certification barangay certification is is also different also different from from a notar a notarizedized affidavit.

affidavit Can.

the not Can theary prepare the affidavit?

A lawyer notary prepare the affidavit?

A may draft a lawyer may draft a document as document as a a legal legal service service and and may also notarize may also notarize it if the lawyer it if the lawyer is is properly properly commissioned commissioned and and not disqualified not. Drafting disqualified. Drafting fees and fees and notarial notarial fees are distinct. The fees are distinct. The affiant remains responsible for reviewing and truth affiant remains responsible for reviewing and truthfully swearing to the facts.

Does afully swearing to the facts.

Does a notarized affidavit expire?

There is no notarized affidavit expire?

There universal expiration period is no universal expiration period for affidavits. The recipient may for affidavits. The recipient may require a recently executed affidavit require a recently executed affidavit,, and and the stated the stated facts facts may may become outdated. Always check become outdated. Always check the the applicable form applicable form, regulation, regulation, transaction, or receiving office,’s instructions.

transaction, or receiving office’s instructions.

Must every page Must every page be signed?

be signed?

TheThe governing governing form or form or receiving institution receiving institution may may require require initials or signatures on each initials or signatures on each page page.. Even Even when when not not expressly required expressly required,, pages should pages should be be securely securely assembled assembled and and annex annexeses clearly clearly identified identified to reduce to reduce the risk of the risk substitution of substitution.. Follow the Follow notary the notary’s’s lawful lawful instructions.

instructions.

Can Can two or two or more more people people sign sign one one affidavit affidavit?

?

Yes,Yes, if if a a joint joint affidavit affidavit is is appropriate, but appropriate, but each each affiant affiant must must satisfy the satisfy the appearance, identification, appearance, identification, signing, and oath requirements signing, and oath requirements.. Each Each person person is is responsible responsible for for the the statements statements sworn to.

sworn to.

Can Can I I use use a a notarized notarized affidavit affidavit as as proof proof that that all all its statements are true its statements are true?

?

NotNotararizationization supports the authenticity supports and the authenticity and due due execution of the document; it does not conclus execution of the document; it does not conclusively establish the truth of every statement.ively establish the truth of every statement. Courts and agencies Courts and agencies may may still still assess assess personal personal knowledge, credibility, corroboration, admissibility, knowledge, credibility, corroboration, admissibility, and contrary evidence.

Can an affidavit be corrected after notar and contrary evidence.

Can an affidavit be corrected afterization?

Do not alter a material notarization?

Do not alter a material fact, date, name, amount, or fact, date, name, amount, or attachment attachment after notarization after notarization.. Prepare Prepare and and properly properly execute execute a corrected or a corrected or supplemental supplemental affidavit affidavit,, and and disclose disclose the earlier the earlier filing filing when required when required.

.

Is online### Is notarization online notarization legal legal?

Electronic?

Electronic notar notarization isization is legal when legal when it it complies complies with with A.M. A.M. No. No. 2424-10-10--14-SC14-SC and and uses uses a a commissioned Electronic Not commissioned Electronicary Notary Public Public and an accredited facility. and an accredited facility. An emailed scan An emailed scan,, electronic signature electronic signature, or, or ordinary video ordinary video call call alone alone is insufficient is insufficient.

.

How can I verify How can I verify a a questionable notarization questionable notarization?

Ask?

Ask the not the notaryary for for clarification clarification and contact and contact the the Office of the Clerk Office of the Clerk of of Court Court of the of the Regional Regional Trial Court Trial Court that that issued the issued the traditional traditional notarial commission. For notarial commission. For electronic notarization, use electronic notarization, use the Supreme the Supreme Court Court’s official verification channels and facility information. Preserve the questioned’s official verification channels and facility information. Preserve the questioned document before seeking verification.

Official legal document before seeking verification.

Official legal sources

• [Supreme Court: sources

• Supreme Court: 2004 Rules on Notarial Practice Rules on Notarial Practice](https://sc.judiciary.gov.ph/2004-rules-on-notarial-practice/)

• [Supudiciary.gov.ph/2004-rules-on-notarial-practice/)

• Supreme Court: Amended 2004 Notarial Rules Court: Amended 2004 Notarial Rules](https://sc.judiciary.gov.ph/wp-content/uploads/2025/2025/06/Amended-2004-Notarial-Rules.pdf)

• [Supreme Court E-Library: Rules on Electronic Notarization, A.M. No/06/Amended-2004-Notarial-Rules.pdf)

• Supreme Court E-Library: Rules on Electronic Notarization, A.M. 24-10-14-SC

• Supreme Court: Electronic-notarization FAQs

• . No. 24-10-14-SC

• Supreme Court: Electronic-notarization FAQs

• Civil Code of the Philippines, Republic Act No. 386

• Supreme Court ruling on personal appearance and identification

• Civil Code of the Philippines, Republic Act No. 386

• Supreme Court ruling on personal appearance and identification

• Supreme Court ruling on defective notarSupreme Court ruling on defective notarization

*This article provides general legal information, not legal advice or a substitute for reviewing the actual affidavit, governing law, and receiving officeization](https://lawphil.net/judjuris/juri2020/jun2020/gr_238325_2020.html)

This article provides general legal information, not legal advice or a substitute for reviewing the actual affidavit, governing law, and receiving office’s current instructions. Requirements and legal consequences depend on the document and facts. Sources were checked as of 27 August 2026.’s current instructions. Requirements and legal consequences depend on the document and facts. Sources were checked as of 27 August 2026.*