Abstract

In the Philippines, notarization is not a mere formality: it is a regulated public function that affects the evidentiary status of documents and the legal consequences of the statements made in them. Two documents often encountered in employment, civil registry, and benefits transactions—(1) the Personal Data Sheet (PDS) and (2) a Declaration of Filiation—commonly appear in “sworn” or “affidavit” form. This article explains when notarization is required, what type of notarization applies, who may administer the oath, the procedural and documentary requirements under Philippine notarial practice, and the special considerations that arise from data privacy, civil registry rules, and overseas execution.

This article is for general information and educational discussion and does not constitute legal advice.

I. Notarization in Philippine Law: What It Does and Why It Matters

A. Governing framework

Philippine notarization is primarily governed by the 2004 Rules on Notarial Practice (as adopted by the Supreme Court), related Supreme Court issuances, and the general law on public and private documents and evidence (e.g., Rules of Court principles on public documents). Notarization is performed by a commissioned notary public—almost always a lawyer commissioned for a specific territorial jurisdiction—or, for certain documents executed abroad, by Philippine consular officers exercising notarial authority.

B. Legal effects of notarization

Notarization typically:

Converts a private document into a public document (in the evidentiary sense), making it generally admissible in evidence without the same level of authentication required for purely private documents.
Creates prima facie evidence of the due execution of the document (e.g., that the person appeared, was identified, and executed the document as stated in the notarial certificate).
In “sworn” documents (jurats), emphasizes that statements are made under oath, bringing perjury risks for falsehoods.

Critical limit: Notarization does not prove the truth of the contents. It chiefly attests to identity, personal appearance, and proper execution (and, for jurats, the giving of an oath/affirmation).

C. Common notarial acts relevant to PDS and filiation documents

Jurat (for affidavits and sworn declarations) The signer personally appears, signs in the notary’s presence, and takes an oath/affirmation that the statements are true. The notary completes a jurat certificate (often phrased “Subscribed and sworn to before me…”).
Acknowledgment (for instruments where the signer acknowledges execution) The signer personally appears and declares that they executed the document voluntarily. This is common for contracts, deeds, and some recognition instruments, but affidavits may also be notarized by jurat.

For most PDS submissions and most “Declaration of Filiation” affidavits, the operative notarial act is usually a jurat, unless the receiving office specifically requires an acknowledgment format.

D. Baseline notarization requirements (the non-negotiables)

Across jurats and acknowledgments, the core requirements are consistent:

Personal appearance The signer must appear before the notary at the time of notarization. “Sign-then-send” notarization is improper.
Competent evidence of identity The notary must identify the signer through valid, government-issued identification bearing photograph and signature (or other “competent evidence” recognized under the notarial rules). The notary records ID details in the notarial register.
Willingness and capacity The signer must be acting voluntarily and must have capacity to execute the document. If the notary perceives coercion, incapacity, or inability to understand the document, notarization should be refused.
Document completeness Notaries are expected to refuse notarization of documents with blanks or incomplete material particulars that could later be filled in to change the meaning.
Proper notarial certificate and entries The notarization must contain a proper certificate (jurat/acknowledgment), the notary’s signature and seal, and corresponding entries in the notarial register.

E. Who can administer an oath (and why this matters for a “PDS”)

A jurat involves an oath. In Philippine practice, notaries can administer oaths, but certain public officers may also administer oaths within the scope of their authority. This distinction becomes important because some government offices allow an applicant to swear to a PDS before an authorized administering officer (e.g., an HR officer or agency official authorized to administer oaths), rather than requiring notarization by a notary public.

II. The Personal Data Sheet (PDS): When Notarization Is Required and What “Sworn” Means

A. What a PDS is in Philippine practice

In the Philippine government setting, “PDS” most commonly refers to the Civil Service Commission Personal Data Sheet used for appointments, hiring, promotions, and personnel records. It typically contains:

personal information and identifiers,
education and eligibility,
employment history,
family background,
work references,
and declarations/undertakings (often including warnings about administrative/criminal liability for false statements).

Because it is used to evaluate qualifications and integrity, the PDS is commonly framed as a sworn document.

B. Is notarization always required for a PDS?

Not always—what is often required is that it be “subscribed and sworn.” In practice, there are three common compliance paths:

Notarized PDS (jurat before a notary public) Many agencies accept or require a notarized PDS, especially when the applicant is not physically swearing before an in-house authorized officer.
Sworn before an authorized administering officer (non-notary oath) Some government offices allow the PDS to be sworn to before an officer authorized to administer oaths (often indicated in the form by a “Person Administering Oath” signature block). If this is available and the agency accepts it, notarization by a notary may not be necessary.
Unsworn PDS for limited internal use (rare, office-specific) Some offices may temporarily accept an unsigned/unsworn PDS for initial screening but require the sworn version before appointment or final processing. This is not a legal standard; it is purely procedural.

Practical rule: If the PDS form contains a jurat block (“Subscribed and sworn…”) or an oath/declaration under oath, assume the receiving office expects the PDS to be sworn—either by notarization or by an authorized administering officer.

C. What type of notarization applies to a PDS?

A PDS is ordinarily notarized by jurat because the signer is swearing to the truth of the contents.

D. Execution and notarization checklist for a PDS

Before going to the notary / administering officer:

Complete all fields; if something is not applicable, follow the form’s instruction (often “N/A”) rather than leaving blanks.
Ensure the names, dates, and identifiers are consistent with your IDs and supporting documents.
Prepare acceptable government-issued IDs (bring at least one primary ID; some notaries ask for two).
Do not sign the portion intended for notarization in advance if the notary requires signing in their presence (which is the proper approach).

At notarization (jurat):

Personal appearance.
Identification presented and recorded.
You sign in the notary’s presence (or acknowledge a previously affixed signature, depending on notarial practice; for jurats, signing in presence is the standard expectation).
You take an oath/affirmation.
Notary completes the jurat and enters it in the notarial register.

E. Frequent PDS notarization pitfalls

Blank spaces Blanks invite refusal or later challenges. Use “N/A” if appropriate and consistent with instructions.
Signed earlier, not in notary’s presence Many notaries will require re-execution in their presence.
Mismatch of identity details Name variations (e.g., middle name usage, suffixes, diacritics) should be addressed consistently, especially where government records are strict.
Improper notarial certificate Missing seal, incomplete jurat date/place, or wrong name spelling in the certificate can cause rejection.
Privacy leakage A PDS contains sensitive personal information; avoid leaving photocopies unnecessarily and be cautious where and how the document is handled.

III. Declaration of Filiation in the Philippines: Meaning, Uses, and Notarization

A. What “filiation” means in Philippine law

Filiation is the legal relationship between a child and their parent(s). It matters for:

the child’s name and civil registry records,
parental authority,
support and inheritance,
benefits and dependency claims,
and legitimacy/illegitimacy classifications under family law.

Philippine family law recognizes different rules and presumptions for legitimate and illegitimate filiation, and it sets out how filiation may be proven (commonly through civil registry records, recognition documents, and other evidence such as open and continuous possession of status, and, in appropriate cases, proof like DNA evidence in judicial proceedings).

B. What documents are commonly treated as “Declarations of Filiation”

In everyday Philippine transactions, the following are often (loosely) called declarations of filiation:

Affidavit of Acknowledgment / Admission of Paternity (or maternity, though maternity is usually evident from birth records)
Affidavit of Filiation for benefits (SSS, GSIS, PhilHealth, HMO, employer benefits) or school/insurance requirements
Affidavit to Use the Surname of the Father (AUSF) for illegitimate children (commonly associated with procedures under laws allowing use of father’s surname upon recognition)
Affidavits supporting civil registry correction/annotation (e.g., to support late registration, correction, or related annotations)
Affidavit of Legitimation / recognition-related filings (fact pattern dependent)

The exact title varies by local civil registry or agency form, but the core feature is the same: it is a sworn statement that identifies or recognizes a parental relationship.

C. When notarization is required (and why it is usually demanded)

A declaration of filiation is often used in official proceedings (civil registry, benefits claims, school enrollment, passports, immigration filings, court petitions). Those settings strongly favor or expressly require:

a notarized affidavit (jurat), or
a notarized recognition document (acknowledgment), or
a sworn statement taken before an authorized officer.

Notarization is usually required because it:

gives the document a public-document character,
provides a traceable notarial record,
and underscores the oath-based liability for false statements.

Civil registry practice in particular commonly requires notarized supporting affidavits to ensure the integrity of records and to deter fraud.

D. Jurat vs. acknowledgment for filiation-related documents

1. Jurat (affidavit)

Used when the parent (or affiant) swears the contents are true.
Typical for “Affidavit of Filiation” or “Affidavit of Acknowledgment/Admission.”

2. Acknowledgment

Used when the legal effect depends on the fact that the signer executed the instrument (e.g., recognition or consent instruments, certain registrable documents).
Some local civil registrars or agencies may prefer an acknowledgment format for recognition instruments, though many still accept affidavits notarized by jurat as “public documents” for evidentiary purposes.

Practical rule: Follow the receiving agency’s prescribed form. If the civil registrar or agency provides a template, use it, and have it notarized in the manner stated on the template.

E. Core notarization requirements apply with added sensitivity

For filiation documents, notaries tend to be stricter because of high fraud risk and significant legal consequences. Expect scrutiny on:

identity of the parent(s),
consistency of names with birth records,
and completeness of details (child’s name, date/place of birth, registry references if available).

F. Typical supporting documents (often requested by receiving offices)

Notarial rules focus on signer identity and execution; receiving offices may additionally require supporting records. Common examples:

Child’s birth certificate or civil registry record (PSA/LCR copy, depending on context)
Parent’s valid IDs
Proof of circumstances (e.g., records for late registration, proof of civil status, or other documents required by the local civil registrar or agency policy)
In some contexts, mother’s participation/consent may be required by the receiving office, depending on the specific procedure (particularly in surname-use or registry annotation procedures)

The notary is not the final decision-maker on sufficiency for registry purposes; the local civil registrar or the agency is.

IV. Notarization Mechanics: Step-by-Step Requirements That Commonly Control Outcomes

A. Identification standards (“competent evidence of identity”)

A notary will generally require:

current government-issued ID with photo and signature, and
ID details recorded in the notarial register.

If the signer lacks acceptable ID, notarial practice may allow identification through credible witnesses, subject to strict conditions (witnesses must also appear, be identified, and sign).

B. Special situations: signers who cannot sign normally

If a signer signs by mark or cannot physically sign, notarial practice typically requires:

additional witnesses,
specific procedures for thumbmarks/marks,
and careful certificate language.

Because filiation documents can be contested, compliance with these formalities is important.

C. Territorial jurisdiction and commission validity

A Philippine notary’s authority is usually limited to the territorial jurisdiction stated in the commission. Notarizations done outside that jurisdiction, or by a notary with an expired or revoked commission, are vulnerable to rejection and legal challenge.

D. Document hygiene: completeness and anti-tampering practices

Common expectations include:

no material blanks,
properly filled dates and places,
initials on each page (often required by receiving offices even if not always mandated by rule),
and consistent pagination and attachments.

V. Special Considerations for Documents Executed Abroad

A. Philippine consular notarization

Filipinos abroad often execute a PDS or a filiation affidavit before a Philippine Embassy/Consulate, where a consular officer performs notarial functions. This is commonly the simplest route for Philippine-facing transactions.

B. Foreign notarization + authentication (Apostille/consular route)

If notarized before a foreign notary, the document may need:

Apostille (if the country where notarized is an Apostille Convention participant and the destination procedures accept it), or
consular authentication (if apostille is not applicable), depending on the jurisdiction and current documentary rules of the receiving Philippine office.

Because acceptance standards can vary by agency and by the nature of the filing (civil registry vs benefits vs court), overseas signers should ensure the authentication method matches the receiving office’s requirements.

VI. Data Privacy and Confidentiality: Especially Important for PDS

A PDS typically contains personal and sometimes sensitive personal information (addresses, birth details, family background, government identifiers). Under the Data Privacy Act (RA 10173) principles, entities handling personal data should observe proportionality, security, and legitimate purpose.

While notaries keep a notarial register and must record identification details, best practice from a privacy standpoint is:

avoid unnecessary copying or distribution of the PDS,
protect physical documents during transit and notarization,
and ensure only required parties receive the document.

Applicants should also be cautious with third-party “document processing” services that handle IDs and sensitive information without clear safeguards.

VII. Legal Consequences of False Statements and Defective Notarization

A. Perjury and related liabilities

Sworn statements in a PDS or filiation affidavit can trigger:

perjury exposure for willfully false material statements under oath,
administrative liabilities (particularly in government hiring contexts),
and potentially other offenses where falsification or fraud is involved.

A PDS, in particular, is often treated as a key integrity document in public employment; inaccuracies can lead to disqualification or administrative sanctions even without criminal prosecution, depending on the nature and materiality of the misstatement.

B. Defective notarization: rejection, delay, and evidentiary weakness

A document may be rejected or later challenged if:

the signer did not personally appear,
ID requirements were not met,
the notarial certificate is incomplete,
the notary’s commission/jurisdiction is improper,
or the document was notarized with material blanks or irregularities.

In civil registry and benefits contexts, a defective notarization frequently results in processing delays and requests for re-execution; in disputes, it can also weaken the document’s evidentiary value.

VIII. Practical Compliance Checklists

A. PDS notarization checklist (Philippines)

Fully accomplished; no material blanks (use “N/A” when appropriate).
Bring at least one strong government-issued ID (ideally two).
Sign in the presence of the notary/administering officer.
Ensure the jurat block is properly completed (date/place, notary signature/seal).
Confirm the receiving office’s preference: notarized vs sworn before agency officer.

B. Declaration of filiation checklist

Use the receiving agency’s template if provided (civil registry or benefits office forms).
Ensure full, consistent names of child and parent(s) match official records.
Include required details: dates, places, registry references if available.
Personal appearance of the executing parent(s).
Proper jurat/acknowledgment as required by the form.
Bring supporting civil registry documents if the receiving office requires them (birth records, etc.).

C. For overseas execution

Prefer Philippine consular notarization when the document is intended for Philippine government use.
If using foreign notarization, ensure the correct authentication route (apostille/consular), consistent with the receiving office’s requirements.

IX. Key Takeaways

PDS requirements usually revolve around being sworn; notarization is common, but some agencies accept an oath administered by an authorized officer.
A Declaration of Filiation is typically processed as a notarized affidavit (jurat) or a notarized recognition instrument; receiving offices (especially civil registrars) frequently require notarization for integrity and evidentiary reasons.
Philippine notarization is strict on personal appearance, identity verification, and document completeness—failures here are the most common causes of rejection.
Because both documents implicate serious legal rights and liabilities (employment integrity, civil status, support, inheritance, benefits), careful compliance is not optional—it is protective.