In Philippine jurisprudence, an affidavit is a written statement of facts, voluntarily made by an affiant under oath or affirmation, and administered by a person authorized by law (typically a Notary Public). While affidavits are often treated as permanent records of testimony, circumstances may arise where the facts change, errors are discovered, or the affiant wishes to withdraw their statement entirely.
Because a notarized document carries the presumption of regularity, "undoing" one requires specific legal steps to maintain integrity and avoid allegations of perjury.
1. Understanding the Nature of the Document
Before revoking or amending, it is vital to distinguish between the two:
- Amendment: Correcting clerical errors, adding omitted facts, or updating information while keeping the core of the original statement intact.
- Revocation: Formally nullifying or withdrawing the entire statement, rendering the previous affidavit void for the affiant’s purposes.
2. Can You Simply "Tear Up" a Notarized Affidavit?
No. Once an affidavit is notarized, the Notary Public retains a copy in their Notarial Register, and a copy is submitted to the Office of the Clerk of Court at the end of the month. Physically destroying your copy does not remove the legal existence of the document in public records.
3. Methods of Amendment
If the goal is to correct or update information, the following methods are standard in Philippine practice:
- Supplemental Affidavit: This is a second affidavit that refers to the first one. It "supplements" the original by adding new information or clarifying certain points without replacing the initial document.
- Affidavit of Rectification / Correction: Specifically used to fix clerical errors (e.g., misspelled names, wrong dates, or typos in addresses). It must clearly state: "This affidavit is executed to correct the error in [Document Name] dated [Date]..."
- Amended Affidavit: A full rewrite of the original document. It usually carries a clause stating that this version supersedes the previous one.
4. Methods of Revocation
To formally cancel a notarized statement, an affiant must execute a new sworn document:
- Affidavit of Revocation: This is a formal declaration stating that the affiant is withdrawing their previous statement. It must identify the original affidavit by its Doc No., Page No., Book No., and Series Year.
- Counter-Affidavit: In criminal proceedings, if an affiant realized they were coerced or mistaken, they may file a subsequent statement. However, this is legally sensitive and can trigger investigations into the truthfulness of the initial statement.
5. Legal Consequences and Risks
Modifying a sworn statement is not without peril. Under the Revised Penal Code and the Rules on Notarial Practice, one must be wary of:
- Perjury (Article 183): If you willfully assert a falsehood in the second affidavit, or if the revocation proves the first affidavit was a deliberate lie, you may be liable for perjury.
- Contradictory Affidavits: Under Philippine law, if an affiant executes two absolutely contradictory affidavits, they may be prosecuted. The prosecution does not necessarily need to prove which one is false; the mere existence of the contradiction under oath can be grounds for charges.
- Loss of Credibility: In litigation, amending or revoking an affidavit can be used by the opposing counsel to impeach the witness's credibility under the Rules of Court.
6. Procedural Steps for a Valid Change
To ensure the amendment or revocation is legally recognized:
- Draft the New Instrument: Clearly reference the old affidavit's notarial details.
- Appearance before a Notary: The affiant must personally appear before a Notary Public to swear to the new statement.
- Submission to Relevant Agency: If the original affidavit was submitted to a court, the Land Transportation Office (LTO), the PSA, or any government body, the new Affidavit of Revocation or Amendment must also be formally filed with that same office to "clean" the record.
- Notification of Parties: If the affidavit affects the rights of third parties, they should be formally notified of the revocation to avoid claims of estoppel or fraud.
Note: For matters involving land titles or registrable properties, a mere affidavit may not suffice; an Adverse Claim or a Deed of Cancellation might be required depending on the complexity of the transaction.