A practical legal article in the Philippine context

1) Concept and purpose

An Affidavit of Discrepancy (also called an Affidavit of One and the Same Person, Affidavit of Identity, or Affidavit to Explain Discrepancy) is a sworn statement executed by a person who explains that two or more records refer to the same person or the same fact, despite differences in names, dates, places, spelling, or other entries.

Its core purpose is evidentiary: it helps a receiving office (government agency, school, employer, bank, embassy, court, etc.) understand the mismatch and accept the documents for processing, especially when the mismatch is minor or clerical and does not (yet) require formal correction through the civil registry or the courts.

Important limitation: An affidavit does not “correct” a civil registry record by itself. It explains; it does not amend official entries. When the law requires a formal correction, an affidavit may be supportive but not a substitute.

2) Common Philippine situations where it is required or requested

Offices may ask for an affidavit when there is a mismatch among any of the following:

A. Personal name discrepancies

Misspelling or typographical variations (e.g., “Cristine” vs “Christine”)
Presence/absence of middle name or suffix (Jr., III)
Use of nickname or “also known as” name
Inconsistent spacing or punctuation (e.g., “Dela Cruz” vs “De la Cruz”)
Use of maiden surname vs married surname (for women) across different records
Multiple legitimate name formats (e.g., “Maria Theresa” vs “Ma. Theresa”)

B. Civil status and family relation discrepancies

Married name reflected in one document but not another
Father’s/mother’s name spelled differently in dependent records
Inconsistent legitimacy annotations or parental details (often requires formal proceedings if substantive)

C. Date/place discrepancies

Day-month swap (common in foreign/legacy records)
Incomplete place entries (“QC” vs “Quezon City”)
Minor variance in birth date presentation (e.g., “01” vs “1”)

D. Document-to-document inconsistencies

Birth certificate vs school records vs government IDs
PSA-issued certificate vs local civil registry copy
Old IDs (pre-standardization) vs newer IDs (PhilSys, passport, PRC, etc.)

E. Migration/foreign processing contexts

Visa, immigration, dual citizenship, overseas employment, or foreign school admissions where a receiving authority requires a sworn explanation.

3) Legal framework: what gives the affidavit weight

An affidavit’s force comes from general rules on sworn statements and notarization in Philippine law and practice:

Being under oath: The affiant swears to the truth of the statements.
Notarization: A notary public administers the oath and notarizes the document, transforming it into a public document and giving it presumptive authenticity and regularity—subject to proof of falsity.
Notarial compliance: The notary must follow the rules on personal appearance and identity verification.

An affidavit can also carry criminal risk if intentionally false (e.g., perjury), which is why agencies often consider it a serious attestation even when they still require formal correction for the underlying record.

4) When an affidavit is sufficient—and when it is not

A. When it is often accepted (practical standard)

An affidavit is commonly accepted for minor, non-substantive discrepancies, especially when:

The identity is otherwise clear from multiple consistent documents, and
The discrepancy appears clerical (spelling, spacing, abbreviations), and
The receiving office’s rules allow “clarificatory documents.”

Examples:

One ID uses “Ma.” while another uses “Maria”
Middle name missing in one record but present in others
“Dela Cruz” vs “De la Cruz” with same parents and birth date

B. When a formal correction is usually required

If the discrepancy concerns civil registry entries that must be corrected by law through administrative or judicial processes, an affidavit alone is typically insufficient. Examples include:

Substantial name changes (not mere spelling)
Birth date changes that are not simple clerical errors
Sex/gender marker corrections governed by special rules
Nationality, legitimacy, filiation issues
Any mismatch that affects status or rights in a substantive way

In these cases, offices often require proceedings such as:

Administrative correction (for certain clerical errors and first name changes), or
Judicial correction (for entries requiring court action)

An affidavit may still be used as supporting evidence while the correction is pending.

5) Who may execute the affidavit

A. The primary affiant

Usually, the person whose records contain the discrepancy (the principal) executes it.

B. Alternative affiants

When the principal cannot execute (minor, deceased, incapacitated, abroad, etc.), the affidavit may be executed by:

A parent or legal guardian
A spouse (for name/civil status issues)
A child or close relative with personal knowledge
A legal representative (with proof of authority, where needed)

Best practice: Use the affiant who has the strongest personal knowledge and can attach supporting documents.

6) Core documentary requirements (what offices typically expect)

While requirements vary by receiving agency, the practical baseline usually includes:

A. The notarized affidavit itself

Must be signed by the affiant and notarized by a Philippine notary public (or by a Philippine consular officer abroad, or apostilled/recognized as applicable).

B. Government-issued ID(s) of the affiant

Commonly required for notarization and for the receiving office’s verification. Many offices prefer two valid IDs.

C. Supporting documents showing both versions of the data

Attach certified true copies or clear photocopies (as required) of documents that show:

The “incorrect” entry or variant; and
The “correct” entry or the entry you assert should be used consistently.

Examples of strong supporting records:

PSA Birth Certificate (or Marriage Certificate if relevant)
Passport
PhilSys ID / UMID / Driver’s License / PRC ID
School records (Form 137, diploma, transcript)
Baptismal certificate (sometimes used as secondary support)
Employment records, SSS/GSIS/PhilHealth records (as applicable)

D. If discrepancy relates to marriage or surname use

Often include:

PSA Marriage Certificate
IDs before and after marriage (to show continuity)

E. If the affiant is not the principal

Attach documents proving relationship or authority (e.g., birth certificate showing parent-child relation, SPA, guardianship papers, etc.).

7) Formal requirements: what the affidavit should contain

A well-drafted Affidavit of Discrepancy typically includes:

Title “AFFIDAVIT OF DISCREPANCY” / “AFFIDAVIT OF ONE AND THE SAME PERSON”
Affiant’s identity Full name, citizenship, legal age, civil status, address, and other identifiers (date of birth, place of birth), as appropriate.
Statement of documents involved Identify each record with:
- Document name/type
- Issuing agency
- Document number (if any)
- Date issued (if known)
Clear description of the discrepancy Quote or reproduce the conflicting entries exactly (e.g., “MY NAME APPEARS AS ‘JUAN DELA CRUZ’ IN MY DIPLOMA BUT AS ‘JUAN DE LA CRUZ’ IN MY PSA BIRTH CERTIFICATE.”)
Affirmation that both refer to the same person/fact A direct statement that despite the discrepancy, they refer to the same individual/event.
Explanation of why it happened (if known) E.g., typographical error, school encoding, customary abbreviation, clerical mistake, use of married name, etc. Keep it factual; avoid speculation.
Assertion of the correct data State which entry is correct and that it should be used for official purposes—anchored to the most authoritative record(s) (often the PSA civil registry document or passport).
Purpose clause “EXECUTED to attest to the truth of the foregoing and for whatever legal purpose it may serve,” and/or name the specific transaction (passport application, school admission, etc.).
Signature block Affiant’s signature over printed name.
Jurat (notarial portion) The notary’s jurat showing oath administered, date/place, and notarial details.

8) Notarization requirements and practical notarial compliance

For an affidavit to be validly notarized in the Philippines, the affiant must generally:

Personally appear before the notary (no remote/absent notarization under ordinary circumstances), and
Present competent evidence of identity (valid government ID with photo and signature, among other accepted standards), and
Sign in the notary’s presence, and
Be placed under oath.

A receiving office may reject an affidavit if it appears:

Not notarized, improperly notarized, or notarized without proper identity verification
With incomplete jurat details
With obvious alterations or inconsistencies

9) If executed abroad: recognition and authentication

If the affiant is outside the Philippines, common acceptable routes include:

Philippine Consulate/Embassy notarization The consular officer performs a notarial act recognized in the Philippines.
Local notarization abroad + authentication method required by the receiving office Depending on the destination and the office’s rules, this can involve:
- Apostille (for many jurisdictions), or
- Other authentication/consularization processes where apostille is not applicable.

Receiving agencies differ in what they accept, so the safest practical approach is to follow the specific office’s authentication rule for foreign-executed affidavits.

10) Submission: where the affidavit is used

An Affidavit of Discrepancy is usually submitted to the office processing the transaction, not to the PSA as a “correction tool.” Examples:

Schools (records correction / enrollment)
Employers / HR for records alignment
Banks / insurance companies
Government agencies processing benefits/registrations
DFA/passport processing support (when allowed by their internal rules)
Immigration/visa submissions (as supporting evidence)

If the issue is a civil registry record that must be corrected, the affidavit is typically filed as part of the supporting evidence set in the relevant administrative or judicial correction process.

11) Evidentiary value and risks

A. Evidentiary value

A properly notarized affidavit is a public document and is generally admissible as evidence of the affiant’s sworn declaration, subject to the rules of evidence and the receiving tribunal or agency’s discretion.

B. Legal risks

Perjury exposure for willfully false statements under oath
Possible administrative or criminal consequences if used to obtain benefits, documents, or status through misrepresentation

Because of these risks, affidavits should be conservative: stick to verifiable facts and attach corroborating records.

12) Best practices (to maximize acceptance)

Anchor your “correct” details to the most authoritative record (often PSA civil registry documents or passport).
List document identifiers and attach copies.
Use consistent naming conventions across the affidavit and attachments.
Avoid overbroad claims; explain only what is necessary.
If the discrepancy is material, consider starting the proper correction process early and use the affidavit only as interim support.

13) Common reasons affidavits get rejected

Not notarized / improper notarization
Affiant did not personally appear (red flags)
No IDs attached or weak identity proof
Discrepancy is substantive and requires formal correction
Unsupported assertions (no documentary attachments)
The affidavit contradicts the most authoritative record without a lawful basis

14) Relationship to formal correction remedies (conceptual guide)

Think of these as three tiers:

Clarificatory tier: Affidavit of Discrepancy + supporting records (often for minor issues)
Administrative correction tier: For certain clerical errors or specific entries allowed by law through local civil registrar processes
Judicial correction tier: Court proceedings for substantial corrections not allowed administratively

An affidavit lives primarily in tier 1, and sometimes supports tiers 2–3.

15) Sample structure (illustrative only)

AFFIDAVIT OF DISCREPANCY

Affiant’s personal circumstances
Identification of the documents involved
Exact description of the discrepancy
Statement that the documents refer to the same person/fact
Explanation of cause (if known)
Statement of the correct entry and basis
Purpose clause
Signature + jurat

(Offices often have preferred templates; matching the requesting office’s format improves acceptance.)

16) Practical takeaway

In Philippine documentation practice, an Affidavit of Discrepancy is a widely used sworn tool to bridge gaps among records and reduce processing delays—especially for minor, clerical differences. But it is not a magic eraser: for discrepancies that the law treats as substantive, an affidavit typically functions only as supporting evidence while you pursue the required administrative or judicial correction route.

This article is for general legal information in the Philippine context and is not a substitute for advice on a specific case or transaction.