Introduction

In the Philippine legal system, affidavits serve as sworn statements that provide factual testimony or declarations for various administrative, judicial, or civil purposes. Among these, the Joint Affidavit of Two Disinterested Persons holds particular significance in processes involving the correction of entries in civil registry documents, such as birth, marriage, or death certificates. This affidavit is often required under Republic Act No. 9048 (as amended by Republic Act No. 10172), which governs the administrative correction of clerical or typographical errors and changes in first name or nickname, sex, day and month of birth, or place of birth without the need for a court order.

The term "disinterested persons" refers to individuals who have no personal or financial stake in the matter being attested to, ensuring the affidavit's impartiality and credibility. Notarization is a critical step that authenticates the affidavit, transforming it into a public document admissible as evidence in administrative proceedings or courts. This article comprehensively explores the requirements for notarizing such a joint affidavit, including its purpose, preparation, procedural steps, legal standards, and potential pitfalls, all within the Philippine context.

Purpose and Legal Basis

The Joint Affidavit of Two Disinterested Persons is primarily used to support petitions for the correction of civil registry entries. For instance, when an individual seeks to rectify a misspelled name, incorrect birth date, or erroneous gender entry in their birth certificate, the affidavit from two disinterested witnesses corroborates the facts surrounding the error or the correct information. This is mandated by the implementing rules and regulations of RA 9048 and RA 10172, administered by the Philippine Statistics Authority (PSA) and local civil registrars.

Beyond civil registry corrections, this type of affidavit may also be utilized in other contexts, such as:

Supporting applications for delayed registration of birth, marriage, or death.
Verifying facts in inheritance claims or property disputes where disinterested witnesses provide unbiased accounts.
Assisting in administrative proceedings under the Family Code or other statutes requiring sworn statements from neutral parties.

The affidavit's joint nature means both affiants (the persons making the declaration) sign a single document, swearing to the same set of facts, which streamlines the process compared to separate affidavits.

Who Qualifies as Disinterested Persons

To maintain the affidavit's integrity, the affiants must be "disinterested," meaning:

They are not relatives by blood or affinity to the petitioner (e.g., not parents, siblings, spouses, or in-laws).
They have no financial interest or benefit from the outcome of the petition.
They must have personal knowledge of the facts being attested to, such as having witnessed the birth or known the individual since childhood.

Typically, neighbors, long-time friends, or colleagues who are unrelated and impartial qualify. The affiants should be of legal age (18 years or older) and mentally competent. In practice, civil registrars or notaries may scrutinize the relationship to ensure compliance, as any hint of interest could invalidate the affidavit.

Contents of the Joint Affidavit

A well-drafted Joint Affidavit of Two Disinterested Persons must include the following essential elements to meet notarization and legal standards:

Heading and Title: Clearly state "Joint Affidavit of Two Disinterested Persons" and specify the purpose (e.g., "For Correction of Entry in Birth Certificate").
Personal Details of Affiants: Full names, ages, civil statuses, occupations, addresses, and relationships to the petitioner (affirming disinterest).
Statement of Facts: A detailed narrative of the facts known to the affiants, such as the correct spelling of a name, actual birth date, or other relevant details. This should be written in clear, concise language, avoiding ambiguity.
Affirmation of Truthfulness: A clause stating that the affiants are executing the affidavit voluntarily, under oath, and aware of the penalties for perjury under Article 183 of the Revised Penal Code.
Signature Block: Spaces for both affiants to sign, with their printed names below.
Jurat: A section for the notary public to certify that the affiants appeared before them, subscribed and swore to the affidavit.

The affidavit should be typewritten or printed on legal-sized paper, with 1-inch margins, and in a legible font (e.g., Arial or Times New Roman, size 12). Handwritten affidavits are generally discouraged but may be accepted if legible.

Requirements for Notarization

Notarization in the Philippines is governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, and the Code of Professional Responsibility for Notaries. The process ensures the document's authenticity and the affiants' voluntary execution. Key requirements include:

1. Personal Appearance

Both affiants must personally appear before a duly commissioned notary public. Proxy appearances or remote notarization (except under specific electronic notarization rules introduced in 2020 via A.M. No. 20-07-04-SC for qualified notaries) are not permitted for traditional affidavits.
The notary must confirm that the affiants are the same persons executing the document.

2. Competent Evidence of Identity

Each affiant must present at least one current, government-issued identification document bearing their photograph and signature. Acceptable IDs include:
- Passport.
- Driver's license.
- Professional Regulation Commission (PRC) ID.
- Voter's ID.
- Senior Citizen's ID.
- Unified Multi-Purpose ID (UMID).
- PhilHealth ID.
- Barangay Certification (as a secondary ID if primary is unavailable).
If an ID is expired, it may still be accepted if issued by a government agency and the notary can verify identity through other means.
For foreigners, a passport or Alien Certificate of Registration is required.

3. Capacity and Voluntariness

The notary must ascertain that the affiants are of sound mind, not under duress, and fully understand the contents of the affidavit. This may involve reading the document aloud or questioning the affiants.
If the affiants are illiterate or cannot read, the notary must read and explain the contents, with a witness attesting to this.

4. Payment of Notarial Fees

Fees are regulated by the Rules on Notarial Practice. For affidavits, the standard fee is typically PHP 100 to PHP 300, depending on the notary's location and the document's complexity. Additional charges may apply for travel or multiple copies.
Notaries must issue an official receipt and record the transaction in their notarial register.

5. Notarial Certificate (Jurat)

The notary attaches a jurat, which includes:
- The venue (e.g., "City of Manila, Philippines").
- Date of notarization.
- Names of affiants.
- Statement that the affiants exhibited their IDs and swore to the truth of the contents.
- Notary's signature, seal, and commission details (including PTR and IBP numbers).
The notary must ensure the document is complete before signing; incomplete affidavits cannot be notarized.

6. Documentary Stamp Tax

A PHP 30 documentary stamp tax (DST) must be affixed to the affidavit, as required by the Bureau of Internal Revenue (BIR) under Section 188 of the Tax Code. The notary often handles this, but the affiants bear the cost.

Procedure for Notarization

The step-by-step process is as follows:

Draft the Affidavit: Prepare the document ensuring all elements are included. Legal templates are available from PSA offices or online resources, but customization is key.
Review and Sign: Both affiants review, initial each page (if multi-page), and sign in the presence of the notary.
Present to Notary: Visit a notary public (found in law offices, courts, or government agencies). Present IDs and pay fees.
Swearing In: The affiants raise their right hand and swear to the truthfulness.
Notarization: The notary completes the jurat, affixes the seal, and records the act.
Copies and Distribution: Obtain certified true copies if needed for submission to the PSA or local civil registrar.

Common Issues and Best Practices

Invalid IDs: Failure to present valid IDs leads to rejection. Always carry originals.
Incomplete Details: Omissions in facts or personal info can render the affidavit void.
Perjury Risks: False statements are punishable by imprisonment (2-6 years) and fines.
Notary Misconduct: Choose reputable notaries to avoid issues like overcharging or improper recording.
Electronic Notarization: Under the Electronic Notarization Rules, qualified notaries can perform remote notarization via audio-video conferencing, but this requires digital signatures and is not yet widespread for affidavits.
Validity Period: Notarized affidavits have no expiration but may need renewal if facts change.

Best practices include consulting a lawyer for drafting, especially for complex corrections, and submitting the affidavit promptly to the relevant agency.

Conclusion

The notarization of a Joint Affidavit of Two Disinterested Persons is a foundational requirement in Philippine administrative law, ensuring the reliability of sworn statements for civil registry corrections and related matters. By adhering to the outlined requirements—personal appearance, valid identification, proper drafting, and compliance with notarial rules—individuals can effectively utilize this document to resolve discrepancies efficiently and legally. Understanding these elements empowers citizens to navigate bureaucratic processes with confidence, upholding the principles of truth and justice in the legal system.