“One and the Same Person” Affidavit for DFA Passport Name Discrepancy

Philippine legal-practice guide (2025 edition)

Important: The information below is for general guidance only and is not a substitute for personalised legal advice. Requirements and fees change; always verify with the Department of Foreign Affairs (DFA) consular office or the Philippine Embassy/Consulate that will process the passport.

1. Why name discrepancies matter in passport processing

Common scenario	Typical documents involved	Effect on DFA application
Middle name spelled differently (e.g., Garcia vs Gracia)	PSA-issued birth certificate, school records, government IDs	“Mismatch” flag; DFA may suspend or refuse application pending clarification
Use of married surname in some IDs but not in birth certificate	PSA marriage certificate, SSS/UMID, PRC license	Applicant must present marriage cert and affidavit or request correction
Initials vs. full given name (e.g., Ana B. Cruz vs Ana Bautista Cruz)	Voter’s ID, PhilHealth, NBI clearance	DFA usually requires affidavit plus at least one supporting ID bearing full name
Missing middle name in old passports	Older passports issued before the 1997 Passport Law (RA 8239)	Affidavit and proof that the middle name was never intended to be used or was dropped clerically

Under Republic Act 8239 (Philippine Passport Act of 1996) and DFA’s 2019 Passport Manual, an applicant’s personal data must conform to the Philippine Statistics Authority (PSA) security paper birth certificate exactly. When a discrepancy exists that cannot be corrected in time through civil-registry processes (e.g., RA 9048/10172 petitions), the usual stop-gap is an Affidavit of “One and the Same Person.”

2. What the affidavit is—and is not

Feature	Explanation
Nature	A sworn declaration under the 2004 Rules on Notarial Practice stating that two (or more) name variants appearing on different documents refer to one individual—you.
Purpose	To persuade the DFA that the variance is a clerical or innocuous difference, not an attempt at identity fraud.
Evidentiary weight	Prima facie (on its face) proof. The consul still has discretion to demand additional records.
Limits	It does not correct civil-registry data. Only a court decree or an administrative petition under RA 9048/10172 can do that.
Risks	Making a false affidavit is perjury (Art. 183, Revised Penal Code) and may lead to passport denial and criminal charges.

3. Legal bases and relevant rules

Article 408–412, Civil Code – Public records of status must be accurate; corrections require legal process.
Republic Act 9048 (as amended by RA 10172) – Administrative correction of misspelled first names, clerical errors, and day/month of birth or sex.
Republic Act 8239 & IRR – DFA may require “such other documents as it may deem reasonable and necessary” for identity verification (IRR §13[b]).
Notarial Rules of 2004 – Sets form, venue, and competence of notaries.
2021 DFA Circular on Anti-Fixing Measures – Re-emphasises that affidavits must be personally executed and submitted with original supporting IDs.

4. When will the DFA accept an affidavit?

Case type	Accepted with affidavit?	Other mandatory docs
Minor spelling glitch (single-letter typo, transposed letters)	Usually yes	PSA birth cert, at least 1 government ID bearing correct spelling
Nickname or alias vs. legal name	No – must use legal name	Court order or amended birth cert
Married vs maiden surname	Yes, if surname is the only difference	PSA marriage cert
Completely different first names	Rarely; consul often requires correction first	Petition under RA 9048
Dropping/adding middle name	Sometimes, if properly explained	Parent’s marriage cert, school records

5. Documentary requirements (2025)

#	Document	Remarks
1	Original PSA birth certificate on security paper	With visible SECPA dry-seal
2	Notarised Affidavit of “One and the Same Person”	Preferably consularised or apostilled if executed abroad
3	At least two government-issued IDs showing either or both name variants	e-PhilID, UMID, driver’s license, PRC, voter’s ID
4	Supporting records	School transcripts, baptismal cert, PhilHealth or GSIS, NBI clearance
5	For married women: PSA marriage certificate	To justify change of surname
6	For minors (<18): data-preserve-html-node="true" parent’s IDs + original PSA birth cert of parent	DFA validates parental authority

Tip: Bring photocopies of everything plus originals for sighting. DFA no longer requires red-ribbon authentication; Apostille suffices.

6. Drafting the affidavit: form & substance

Essential elements

Title: Affidavit of “One and the Same Person”
Affiant’s details: full name, civil status, citizenship, date & place of birth, address.
Narration of facts: list every name variant and the documents where each appears.
Assertion: clear statement that all name variants refer to one and the same person—the affiant.
Purpose clause: e.g., “This affidavit is executed for presentation to the DFA in support of my passport application and for whatever legal purpose it may serve.”
Oath & jurat: signed in the presence of a duly commissioned notary (or Philippine consul abroad).

Sample outline

Republic of the Philippines)
City/Municipality of ________)  S.S.

AFFIDAVIT OF “ONE AND THE SAME PERSON”

I, JUAN DELA CRUZ y SANTOS, of legal age, Filipino, single, and a resident of
#123 Mabini St., Malolos City, Bulacan, after having been duly sworn, depose and say:

1.  That I was born on 20 May 1995 in Malolos City, Bulacan, as evidenced by my PSA-issued Certificate of Live Birth (Annex “A”), where my name appears as **“JUAN SANTOS DELA CRUZ.”**

2.  That in my Unified Multi-Purpose ID issued by the Social Security System (SSS No. 34-1234567-8), my name appears as **“JUAN S. DELA CRUZ.”**  A copy is attached as Annex “B.”

3.  That in my voter’s certificate issued by the Commission on Elections, my name is stated as **“JUAN SANTOS D. CRUZ.”**  A copy is attached as Annex “C.”

4.  That the foregoing names all refer to one and the same person—myself—no other than the undersigned affiant.

5.  That any discrepancies are purely clerical in nature and were neither intentionally made nor intended to defraud any individual or government agency.

6.  I am executing this affidavit to attest to the truth of the foregoing facts and to comply with the requirements of the Department of Foreign Affairs for the renewal/issuance of my Philippine passport.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 2025 in Malolos City, Bulacan, Philippines.

          (sgd.) ______________________
                JUAN DELA CRUZ

Annexes: Staple or paper-clip copies; the DFA prefers annex labelling (A, B, C…).

7. Notarisation, consularisation, apostille

Situation	Action needed
Affidavit executed within the Philippines	Notarise before a Philippine notary public; no apostille required when submitting locally.
Executed abroad where a Philippine Embassy/Consulate exists	Have it notarised (acknowledged) by the Consul under the Consular, Authentication and Verification System (CAVS).
Executed abroad without a Philippine post	Notarise under local law then obtain a Hague Apostille from that country’s competent authority. DFA accepts apostilled documents.

Fees (2025):

Local notarisation: ₱200 – ₱500 (market rate)
Consular notarisation (“jurat”): US$25 or its peso equivalent
Apostille overseas: varies by state (e.g., US$20–$50)

8. Step-by-step DFA filing procedure

Set passport appointment online. Tick the box stating you will submit an affidavit for discrepancy.
Prepare originals + photocopies of all documents, including the affidavit.
Appear personally at the DFA site.
Present documents at the Document Evaluation Counter. The officer stamps “For Encoding.”
Pay passport fee (₱950 regular, ₱1 950 expedited).
Biometrics capture & signature.
Release claim stub (regular: 12 working days NCR; expedited: 6 working days). Provincial processing is longer.
Courier delivery or pick-up. Inspect the data page immediately; report errors within 24 hours.

9. Frequently asked questions (FAQ)

Question	Answer
Do I still need to correct my birth certificate later?	Yes, the affidavit is only a temporary workaround. DFA may flag repeat renewals if the discrepancy remains unresolved.
Will the affidavit work for dual-citizenship (RA 9225) or derivative passports for minor children?	Generally yes, but BI or BOC also checks documents. Keep copies for immigration use.
Is a Barangay Certificate enough?	No. Supply at least one national-level ID.
Can I use a joint affidavit signed by two people instead?	DFA accepts either solo or joint affidavits, but joint ones (two disinterested persons) sometimes carry more weight for serious mismatches.
What if the notary misspells my name in the affidavit?	Execute a new one. Alterations or erasures void the document.

10. Best-practice tips

Explain consistently: the name you declare in the affidavit must be the name you want on the passport.
Chronological annexes: attach supporting docs in the order cited in the narration.
Avoid abbreviations in the affidavit body except when you’re quoting exactly from an ID.
Check jurisdiction: the notary’s commission must be valid in the province where the affidavit is signed.
Safekeep soft copies: scan the notarised affidavit in color PDF; embassies abroad may ask later.

11. Possible DFA outcomes

Outcome	Usual reason
Approved	Discrepancy minor; affidavit + IDs sufficient.
Deferred (“For compliance”)	Missing annexes, or affidavit lacks notarisation. Applicant given 90 days to comply.
Denied	Gross discrepancy suggesting assumed identity; consul directs applicant to correct civil-registry record first or secure a court order.

12. Penalties for misrepresentation

Administrative – passport cancellation, 5-year disqualification (Passport Act §11).
Criminal – perjury (up to 6 years), falsification of public documents (Art. 171, RPC), or estafa/identity theft if used to defraud.
Immigration – watch-list order; off-loading at ports of exit.

13. Interaction with civil-registry correction laws

Law	Scope	Typical timeline
RA 9048	Petition to correct first name, middle initial, or obvious clerical errors	3–6 months at Local Civil Registrar + 3 months publication
RA 10172	Correct day/month of birth or sex	6–12 months
Judicial petition under Rule 108	Substantial changes (surname, legitimation)	1–2 years

Practical approach: Use the affidavit only while petition is pending, not as a permanent fix.

14. Checklist for your appointment day

PSA birth certificate (original + 2 copies)
Notarised affidavit (original + 2 copies)
Government IDs (original + copies)
Supporting documents/annexes
Passport appointment form & reference number
Exact cash or card for fees
Black ball-point pen
Personal appearance attire: no sleeveless, no headgear (unless for religious reasons)

15. Key takeaways

A “One and the Same Person” affidavit is a stop-gap measure—convincing, but not infallible.
Draft with precision: enumerate every name variant and attach corresponding evidence.
Notarial compliance is crucial; a defective jurat voids the affidavit.
Even when accepted, you are still expected to harmonise your civil-registry records through RA 9048/10172 or judicial proceedings.
Misuse carries serious penalties. Never execute an affidavit if the names truly refer to different persons.