In the administrative landscape of the Philippines, the Affidavit of Two Disinterested Persons serves as a vital secondary document for validating claims with the Home Development Mutual Fund (HDMF), commonly known as Pag-IBIG Fund. This legal instrument is most frequently utilized when there are discrepancies in a member's records or when primary documents are unavailable.
Nature and Purpose
The affidavit is a sworn statement executed by two individuals who have personal knowledge of a specific fact regarding a claimant but have no financial or familial interest in the outcome of the claim.
Its primary functions include:
- Correction of Entries: Rectifying minor clerical errors in names, birthdates, or marital status.
- Establishment of Identity: Confirming that "Person A" and "Person B" are one and the same (One and the Same Person).
- Proof of Dependency: Supporting claims for death benefits by affirming the relationship between the deceased member and the beneficiaries.
- Common Law Affirmation: Validating the cohabitation of partners in the absence of a marriage contract for certain benefit claims.
Essential Requirements for the Affiants
To ensure the affidavit is legally binding and acceptable to Pag-IBIG, the two individuals (affiants) must meet specific criteria:
- Disinterested Status: They must not be related to the claimant by affinity or consanguinity (usually up to the fourth civil degree). They should not benefit from the Pag-IBIG proceeds.
- Personal Knowledge: They must have known the member or claimant for a significant period to testify truthfully about the facts in question.
- Legal Capacity: They must be of legal age and possessing full civil rights.
- Valid Identification: Both affiants must present valid government-issued IDs (e.g., Driver’s License, Passport, UMID, or National ID) during notarization.
Components of the Document
A standard Affidavit of Two Disinterested Persons must contain the following elements:
| Section | Description |
|---|---|
| Title | Clearly labeled as "Joint Affidavit of Two Disinterested Persons." |
| Preamble | Full names, ages, nationalities, and addresses of the two affiants. |
| Statement of Fact | A clear narration of the facts being attested to (e.g., "We personally know [Name] and can confirm that his correct birthdate is...") |
| Duration of Knowledge | A statement indicating how many years they have known the subject. |
| Purpose | A declaration that the affidavit is being executed to support a Pag-IBIG claim. |
| Signatures | The handwritten signatures of both affiants. |
| Jurat | The notary public’s certification that the affiants appeared in person and swore to the truth of the contents. |
Common Use Cases in Pag-IBIG Claims
1. Death Benefit Claims
When a Pag-IBIG member passes away, beneficiaries may face issues if the member’s birth certificate is illegible or missing. The affidavit helps bridge this evidentiary gap by having long-time neighbors or colleagues attest to the member’s identity or the beneficiaries' relationship to the deceased.
2. Name Discrepancies
If a member's name on their Pag-IBIG Member’s Data Form (MDF) differs from their valid ID or birth certificate (e.g., "Ma." vs "Maria"), this affidavit serves as a "One and the Same" declaration to facilitate the release of savings or loan proceeds.
3. Redundancy of Records
In cases where a member accidentally created multiple Pag-IBIG Mid Numbers, the affidavit can support the consolidation of these accounts by proving the multiple numbers belong to a single individual.
Legal Weight and Notarization
Under Philippine law, an affidavit is a public document once notarized. It is executed under oath; therefore, any false statement made by the affiants constitutes Perjury under Article 183 of the Revised Penal Code.
Note: Pag-IBIG branches typically provide a standard template for this affidavit, but a privately drafted version is generally accepted provided it contains all the necessary legal elements and is duly notarized.