In Philippine jurisprudence, an Affidavit of Agreement is a sworn written statement where two or more parties formally declare their mutual understanding, obligations, and consent regarding a specific transaction or set of facts. While many people use "contracts" and "affidavits" interchangeably, an Affidavit of Agreement specifically combines the contractual element of mutual consent with the solemnity of an oath before a notary public.

Under the Rules of Court and the 2004 Rules on Notarial Practice, this document serves as prima facie evidence of the facts stated therein, provided it is executed correctly.

Essential Elements of an Affidavit of Agreement

For an Affidavit of Agreement to be legally sufficient and capable of being used as evidence in court or recognized by government agencies, it must contain the following components:

The Title: Usually centered at the top (e.g., "AFFIDAVIT OF AGREEMENT").
The Scilicet (Venue): This indicates where the document was signed and notarized (e.g., Republic of the Philippines, City of Makati, s.s.).
The Preamble: Identifies the "Affiants" (the parties involved). It must include their names, citizenship, civil status, and residential addresses.
The "Stipulations" or "Whereabouts": A series of numbered paragraphs (often starting with "That...") outlining the specific terms, conditions, and facts the parties are agreeing to.
The Jurat: The concluding part where the notary public certifies that the affiants appeared before them, signed the document in their presence, and took an oath.
Signatures: The signatures of the parties and at least two witnesses.

Standard Format and Structure

A standard Affidavit of Agreement generally follows this structural flow:

I. Heading and Venue

The document begins with the Republic of the Philippines and the specific municipality or city where the notarization occurs. The abbreviation "s.s." stands for scilicet, meaning "to wit" or "notably."

II. Identification of Parties

I, [Name of First Party], Filipino, of legal age, [status], and a resident of [Address], and [Name of Second Party], Filipino, of legal age, [status], and a resident of [Address], after having been duly sworn to in accordance with law, do hereby depose and state:

III. The Body (Terms and Conditions)

This section is the "meat" of the agreement. It should be written in clear, non-ambiguous language. In the Philippine context, it is common to use the following style:

Context: Why the agreement is being made (e.g., "That we are the owners of adjacent properties...").
The Agreement: The specific act to be performed or refrained from (e.g., "That we agree to maintain a common driveway...").
Consideration: If money is involved, the exact amount must be specified.
Binding Clause: A statement that the agreement is binding on heirs and assigns.

IV. Signature Block

The parties must sign above their printed names. Space should also be provided for two witnesses to sign, which adds a layer of authenticity should the document be contested.

V. The Jurat

This is the most critical part for the document's validity as a public instrument.

SUBSCRIBED AND SWORN to before me this [Date] at [Location], affiants exhibiting to me their competent evidence of identity...

Legal Requirements for Validity

To ensure the Affidavit of Agreement is enforceable in the Philippines, the following rules must be observed:

Competent Evidence of Identity: Under the Notarial Rules, "cedulas" (Community Tax Certificates) are no longer sufficient as primary identification. Affiants must present a government-issued ID featuring their photograph and signature (e.g., Passport, Driver’s License, UMID, or PRC ID).
Personal Appearance: The parties must physically appear before the Notary Public. "Remote" signing or signing via a representative is generally not allowed for affidavits unless a specific Power of Attorney is involved, and even then, the affidavit reflects the representative's sworn statement.
Capacity to Contract: The parties must be of legal age (18+) and possess the mental capacity to understand the obligations they are assuming.
Lawful Object: The agreement must not violate any law, morals, good customs, public order, or public policy. For example, an Affidavit of Agreement to waive future support for a child is void ab initio in the Philippines.

Common Uses in the Philippine Context

Affidavits of Agreement are frequently utilized in several scenarios:

Settlement of Small Claims: Where parties agree to a payment plan to avoid litigation.
Boundary Disputes: Neighbors agreeing on the placement of a fence or firewall.
Co-Ownership: Agreeing on how a shared property will be managed or partitioned.
Pre-requisites for Permits: Agencies like the DENR or local LGUs often require an affidavit of agreement for right-of-way or shared utility usage.

Importance of Notarization

In the Philippines, an unnotarized agreement is considered a private document. Once notarized, it is converted into a public document. This conversion is significant because:

It is admissible in evidence without further proof of its due execution and genuineness.
It creates a legal presumption that the parties signed the document voluntarily and understood its contents.
It serves as a notice to third parties regarding the existence of the agreement.