Overview

An Affidavit of One and the Same Person (often called an “AOS” or “OASP”) is a written declaration used to confirm that various documents (IDs, certificates, records) bearing slightly different name spellings or formats all pertain to one and the same individual. It is commonly used to reconcile discrepancies like “Juan D. Cruz,” “Juan Cruz,” and “Juan Dela Cruz,” or maiden vs. married surnames.

This article explains, in the Philippine context, how an unnotarized version of this affidavit is treated—its legal nature, evidentiary value, practical acceptability in transactions, typical contents, limits, risks, and best practices.

Key Takeaways (Short Answers)

Is an unnotarized “one and the same person” affidavit valid? It is a private written statement. It can be valid as to the signer’s undertaking and may have evidentiary value if the affiant later testifies and authenticates it. But standing alone, it has no presumption of regularity and will often be rejected in government and banking transactions that require a sworn/notarized document.
When is notarization essential? Whenever a law, rule, or agency policy requires a sworn statement or a public document, or when you want the affidavit to carry the presumption of regularity (i.e., courts and offices may accept it at face value unless rebutted).
Will courts consider an unnotarized affidavit? Only if the affiant takes the witness stand (or otherwise properly authenticates it) and is available for cross-examination. Otherwise, it’s generally treated as hearsay.
For civil registry and administrative corrections? Agencies typically require notarized affidavits (sometimes even additional supporting records). An unnotarized affidavit is unlikely to suffice.

Legal Character: Private vs. Public Documents

Unnotarized affidavit = private document. As a private writing, it does not enjoy the evidentiary presumption accorded to public documents. It must be authenticated before admission in evidence—usually by the testimony of its signatory (the affiant).
Notarized affidavit = public document. Notarization converts a private writing into a public document. Public documents are admissible without further proof of due execution and authenticity (subject to objections like fraud or irregular notarization). Notarization is not a mere formality; it elevates the document’s trustworthiness in the eyes of courts and offices.

Evidentiary Use in Court

Unnotarized AOS by itself
- Generally insufficient as independent proof because it is hearsay if the affiant is not presented for cross-examination.
- To be considered, it must be identified by the affiant (e.g., “Yes, I executed this statement,” explaining when and how) and offered in evidence under the rules.
Notarized AOS
- Considered a public document and may be admitted without the same level of authentication—though courts still weigh it against other evidence and may prefer live testimony if facts are contested.
Weight vs. Admissibility
- Even when admitted, affidavits typically carry less weight than in-court testimony, because they are ex parte and not subject to the spontaneity and probing of cross-examination. Courts often regard affidavits as supplemental rather than decisive.

Administrative and Transactional Use

Government agencies (PSA civil registry, DFA, PRC, LTO, GSIS/SSS/PhilHealth, etc.) Policies vary, but when name discrepancies are involved, agencies usually require sworn (notarized) affidavits plus corroborating documents (IDs, baptismal or school records, employment records, old government IDs, etc.). An unnotarized AOS is usually not accepted.
Banks, employers, schools, insurers KYC and compliance policies generally prefer notarized affidavits or official certifications. Expect an unnotarized AOS to be returned with a request to notarize and to attach supporting IDs.
Civil registry “clerical error” fixes For simple clerical corrections under administrative processes, agencies typically require notarized affidavits and multiple supporting records. Material corrections (e.g., change of surname, nationality) often require judicial proceedings; an AOS—whether notarized or not—cannot substitute for a proper petition.

What the Affidavit Is—and Is Not

It is a factual declaration by the affiant explaining that different name variants refer to the same person, listing the variants and the documents bearing them, and affirming the correct, intended name.
It is not a magic key to alter civil status records or override substantive requirements of law. It is supporting evidence, not a replacement for statutory procedures (e.g., court petitions, administrative correction processes).

Risks and Limitations of Using an Unnotarized AOS

Rejection risk High likelihood of being rejected by agencies and private institutions that demand sworn documents.
No presumption Lacks the public document presumption. You shoulder the burden of authenticating it, usually through personal appearance.
Hearsay concerns Unless the affiant testifies, it’s commonly hearsay and inadmissible.
Fraud and misrepresentation exposure Any false statement, whether notarized or not, can expose the affiant to criminal, administrative, or civil liability (e.g., perjury, falsification, damages).

Best Practices

When in doubt, notarize. Notarization is inexpensive and prevents most acceptance issues.
Attach strong supporting records. Include government IDs, old school or employment records, baptismal or medical records, and any prior government issuances that show consistent identity data.
Use consistent details. Spell out all variants, give document titles, reference numbers, and dates, and identify the correct, intended full name (with suffixes, if any).
Address the “why.” Briefly explain the reason for discrepancies (e.g., clerical error, long-used nickname included as middle name, cultural naming conventions, transliteration issues, maiden vs. married name).
Consider additional affidavits. Some offices ask for Affidavits of Discrepancy, Affidavits of Identity, or corroborating Affidavits from disinterested persons (neighbors, employers, barangay officials). These should also be notarized.
For overseas Filipinos. If you’re abroad, execute and have the affidavit notarized locally and, where needed, apostilled (or consularized at a Philippine foreign service post) before use in the Philippines.

Typical Structure of an Affidavit of One and the Same Person

Title: “Affidavit of One and the Same Person”
Affiant’s identity: Full name, age, civil status, citizenship, address, government ID details
Statement of purpose: That the affidavit is executed to reconcile name discrepancies
List of name variants: Each variant and the specific documents where it appears
Assertion: That all variants refer to the same person: the affiant
Correct name: The affiant’s true, correct full name (include suffix, if any)
Background/context: Brief reason for the discrepancies
Supporting documents: Enumerated attachments (Annexes “A,” “B,” etc.)
Undertaking: That the affidavit is for presentation to specified offices/uses
Attestation & signature: Date and place of execution; affiant’s signature
Jurat (for notarized affidavits): Notary’s details, commission, venue, date, ID used

If left unnotarized, item 11 will be missing. The document remains a private writing—useful mainly when the affiant personally appears to vouch for it and the receiving office is willing to accept a private declaration (uncommon for identity matters).

When an Unnotarized AOS May Still Help

Internal clarifications or preliminary reviews Some offices may review an unnotarized draft to check completeness before you proceed to notarization.
Court proceedings (with testimony) If the affiant will testify, an unnotarized statement can be marked and identified; however, practitioners still prefer notarized affidavits for consistency and credibility.

Practical Checklist

Prepare the affidavit with all name variants and document references.
Gather multiple, independent supporting records.
Notarize the affidavit (or consularize/apostille, if abroad).
Submit to the relevant agency together with required forms/fees.
For civil registry issues, confirm whether the matter is a clerical error (administrative) or a substantial correction (likely judicial).
Keep certified true copies of key records and the notarized affidavit for future transactions.

Bottom Line

An unnotarized Affidavit of One and the Same Person is not legally useless, but it is legally weak for its typical purpose. It is a private document that does not enjoy the presumption of regularity, is frequently inadmissible if the affiant does not testify, and is often unacceptable to agencies and institutions that explicitly require sworn documents. If you intend to use an AOS to fix or reconcile identity discrepancies in official records or transactions, the safest and most effective route is to have it properly notarized and back it up with strong, consistent supporting documents.

Practical advice: If the goal is acceptance by a government office, bank, or school, treat notarization as mandatory, not optional.