1) What this document is and when it is used
A Joint Affidavit of Two Disinterested Persons is a single sworn statement signed by two affiants (the “two disinterested persons”) who declare facts based on their personal knowledge. In Philippine practice, it most commonly appears as a supporting document for civil registry matters (for example, certain delayed registrations or similar administrative applications), but the notarization rules discussed here apply generally to any joint affidavit, regardless of purpose.
“Disinterested” is usually a substantive requirement of the receiving office (e.g., a civil registrar or agency) meaning the affiants should not have a personal stake in the outcome and are not acting as parties. Notarization does not automatically “verify” that they are truly disinterested; notarization primarily authenticates identity, voluntariness, and the administration of an oath/affirmation.
2) The governing framework: affidavits are notarized through a jurat
In the Philippines, notarization is governed mainly by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and related Supreme Court issuances and jurisprudence on the effects of defective notarization.
An affidavit is typically notarized by a jurat, not an acknowledgment:
- Jurat: The notary public administers an oath or affirmation to the affiant(s), and certifies that the affiant(s) personally appeared, were properly identified, and swore/affirmed that the statements are true.
- Acknowledgment: Used for instruments like deeds and contracts, where the signatory acknowledges that they executed the document as their free act and deed (not primarily about swearing to truth).
A “Joint Affidavit” should therefore almost always end with a jurat block (not merely an acknowledgment), unless a specific office expressly requires otherwise.
3) Core notarization requirements (non-negotiables)
A. Personal appearance of both affiants
Both disinterested persons must personally appear before the notary public at the time of notarization.
- It is not valid for one affiant to appear today and the other tomorrow if the notary will place one jurat for both signatures on a single occasion. If separate appearances occur, the safer practice is to execute separate affidavits or to notarize with separate jurats reflecting the true dates/appearances (subject to the notary’s proper procedure).
- A notary must not notarize a document that has been pre-signed outside the notary’s presence.
B. Proper identification (competent evidence of identity)
Each affiant must present competent evidence of identity, generally a current official government-issued ID bearing:
- photograph, and
- signature
Commonly accepted examples include passport, driver’s license, UMID/SSS ID (as applicable to current formats), PRC ID, PhilSys ID, etc. The notary should record the relevant ID details in the notarial register.
Cedula (Community Tax Certificate): In older practice it was often asked for; under modern notarial rules it is not a substitute for competent evidence of identity because it typically lacks photo/signature standards required for identification. Some receiving offices may still request a cedula for other purposes, but the notary’s identification standard is separate.
C. Oath or affirmation administered to each affiant
Because an affidavit is sworn, the notary must administer an oath or affirmation to each of the two affiants. This is the heart of a jurat. Without a real oath/affirmation, the document is effectively not a sworn affidavit.
D. Signature in the notary’s presence
Each affiant must sign the affidavit in front of the notary. If a signature already exists, the correct approach is usually to have the document re-executed properly (or execute a new affidavit).
E. Completeness of the document (no blanks; no improper alterations)
The notary should refuse notarization if:
- the document has blank spaces that can be filled in later,
- material details are missing (names, dates, place, etc.),
- there are suspicious alterations not properly initialed/acknowledged by the affiants.
F. Notary must be duly commissioned and acting within territorial jurisdiction
A notary public may notarize only:
- during the validity of their commission, and
- within the territorial jurisdiction indicated in the commission (commonly tied to the commissioning court and place).
Notarizing outside the authorized area is a classic ground for invalid notarization and administrative liability.
4) Form and content requirements that matter in practice
A. Caption and venue
A joint affidavit usually contains:
- Title: “JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS”
- Venue: “REPUBLIC OF THE PHILIPPINES) CITY/MUNICIPALITY OF ____ ) S.S.”
The venue in the jurat should reflect where the notarial act occurs.
B. Affiant details
Each affiant’s identifying information is typically stated:
- full name
- age
- civil status
- citizenship
- address
- government ID details (sometimes in the body, but at minimum recorded by the notary)
C. Sworn statements based on personal knowledge
Affiants should avoid hearsay phrasing when possible and state the basis of knowledge (e.g., “I have known X since childhood,” “I was present when…,” “I personally witnessed…”). This matters because affidavits are susceptible to perjury exposure if false.
D. Signatures of both affiants and (when needed) thumbmarks
Both affiants sign on the signature page. Some notaries require thumbmarks as an additional safeguard, and the notarial register often includes thumbprints.
E. Jurat block for two affiants (illustrative)
A typical jurat structure:
SUBSCRIBED AND SWORN to (or AFFIRMED) before me this __ day of ______ 20__ in ____________, Philippines, by [Affiant 1 Full Name] and [Affiant 2 Full Name], who personally appeared and exhibited to me their competent evidence of identity as follows: (1) [ID type/number/issuance/expiry], and (2) [ID type/number/issuance/expiry].
Notary Public [Seal, name, commission details, PTR/IBP as applicable] Doc. No. __; Page No. __; Book No. ; Series of 20.
Exact formatting varies, but the essentials are: date/place, personal appearance, oath/affirmation, identification, and proper notary details.
5) Notarial register and documentary entries (what the notary must record)
A proper notarization is not only the stamp and signature. The notary is required to make an entry in the notarial register (notarial book), typically including:
- date and time of notarization
- type of notarial act (jurat)
- title/description of document (joint affidavit)
- names and addresses of affiants
- type of ID presented and ID details
- signature(s) of the affiants in the register
- notarial fees charged (as recorded)
Failure to properly maintain the notarial register is a frequent basis for administrative sanctions and casts doubt on the notarization.
6) Who counts as “disinterested,” and how it intersects with notarization
Whether a person is “disinterested” depends on the purpose of the affidavit and the rules of the receiving office. Common expectations (especially for civil registry support affidavits) include:
- not a party to the transaction/event being proven,
- not a close relative of the person whose record is involved (requirements vary by office),
- no financial or personal gain from the affidavit’s acceptance.
From a notarization standpoint, even if an affiant claims to be disinterested, the notary’s main concern is:
- the affiant’s identity and capacity,
- voluntariness,
- and the proper administration of the oath.
However, the notary must also avoid conflicts:
- A notary should not notarize if the notary is a party, will receive a direct benefit, or is otherwise disqualified under notarial ethics and rules.
- If the notary is related to an affiant or has a personal interest, the notarization may be improper.
7) Special situations
A. Affiant cannot sign (illiteracy, disability)
If an affiant cannot sign, additional safeguards are required (e.g., thumbmark, signature by mark, and adherence to the notarial rules on execution by a person unable to sign). Notaries handle this cautiously and may require witnesses consistent with notarial practice.
B. Use of witnesses for identification (credible witnesses)
If an affiant lacks acceptable ID, the rules allow identification by credible witness(es) under strict conditions (e.g., the witness is not a party, is personally known to the notary or is properly identified, and can vouch for the affiant). This is more burdensome and depends on the notary’s compliance with the notarial rules.
C. Notarization abroad
If the affidavit is executed outside the Philippines, notarization must generally be done before:
- a Philippine consular officer (consular notarization), or
- a foreign notary with the required authentication/apostille pathway as applicable to the receiving agency’s requirements.
8) Effects of defective notarization
A properly notarized affidavit becomes a public document, generally admissible without further proof of authenticity (subject to evidentiary rules). If notarization is defective (e.g., no personal appearance, improper identification, false jurat, notarized outside jurisdiction), consequences include:
- The affidavit may be treated as a private document and may require additional proof of due execution.
- The notary public may face administrative liability (revocation of commission, disqualification, and for lawyer-notaries, possible disciplinary action).
- Parties may face criminal exposure depending on circumstances (e.g., falsification or perjury if statements are false and sworn).
9) Practical checklist (for a clean notarization)
Before going to the notary, ensure:
- Both disinterested persons will appear together.
- The affidavit is fully filled out (no blanks).
- Each affiant has at least one current government-issued photo ID with signature.
- The affidavit ends with a jurat (or the notary will attach/complete one properly).
- Names, dates, and places are consistent with any supporting documents to be submitted to the receiving office.
- Both affiants understand they will be swearing/affirming under oath—and that false statements can lead to perjury.
10) Common reasons joint affidavits get rejected or questioned
- One affiant did not personally appear.
- Document was pre-signed and merely “stamped.”
- ID details are missing or the presented ID is not acceptable as competent evidence of identity.
- Jurat is incomplete (no date/place; no names; no identification recital).
- Notary’s commission details, seal, or register entry is improper.
- The “disinterested” requirement is not met under the receiving agency’s rules (e.g., affiants are relatives or have an interest).
This article is for general legal information in the Philippine setting and is not a substitute for advice on a specific case. Requirements can vary depending on which office will receive the joint affidavit (e.g., local civil registrar, PSA-related processing, courts, or other agencies), so it is prudent to align the affidavit’s content and attachments with the receiving office’s checklist in addition to meeting the notarial rules.