Quick answer

In the Philippines, an affidavit is a written statement of facts that the person making it—the affiant—swears to or affirms before a notary public or another officer legally authorized to administer the oath.

For an ordinary paper affidavit, you generally must personally appear, establish your identity, sign in the notary’s presence, and take an oath or affirmation that the statement is true. Sending the document through a relative, messenger, or fixer does not satisfy these requirements. The notarial act ordinarily used is a jurat. elibrary.judiciary.gov.ph

Bring the complete, unsigned affidavit, its attachments, an original current government-issued identification document bearing your photograph and signature, and the number of copies required by the receiving office. Confirm any special form, supporting documents, filing deadline, or authentication requirement before having it notarized.

Electronic notarization is also recognized under Supreme Court rules, but it requires the prescribed electronic process. An ordinary video call or an emailed scan is not, by itself, compliant electronic notarization.

What notarization does—and what it does not establish

Notarization provides safeguards concerning identity, execution, and, for an affidavit, the administration of an oath. It is a serious legal act, not simply a stamp added to a document.

It does not mean that the notary independently investigated every allegation. Nor does it guarantee that an agency will accept the affidavit or that a court will believe its contents. The affidavit must still satisfy the substantive and procedural requirements for its intended use.

An affidavit also does not automatically replace a birth certificate, title, government record, required consent, or other document. Ask the receiving office what the affidavit can establish and which supporting records remain necessary.

Jurat versus acknowledgment

These notarial acts serve different purposes:

Notarial act	What the signer does	Practical significance
Jurat	Appears before the notary, establishes identity, signs in the notary’s presence, and swears to or affirms the document	Ordinarily appropriate for affidavits
Acknowledgment	Appears, establishes identity, and acknowledges voluntary execution of the document	Commonly used for deeds, contracts, and powers of attorney; it does not itself supply the oath required for an affidavit

For a paper affidavit requiring a jurat, do not assume that an acknowledgment or a signature witnessed earlier is sufficient. The Supreme Court has treated failure to sign and swear before the notary as a defect affecting the sworn document. elibrary.judiciary.gov.ph

What to prepare before visiting the notary

1. Confirm the receiving office’s requirements

Obtain its current checklist or prescribed form. Ask about:

The exact affidavit needed and who must execute it.
Required attachments and original copies.
Whether witnesses, translations, or additional certifications are necessary.
Whether electronic documents are accepted.
The submission deadline and any requirement for a recently executed affidavit.

A joint affidavit does not allow one affiant to appear and swear for everyone else. Each affiant must undergo the required process.

2. Write a complete and accurate statement

As a practical drafting guide, include:

Your full name and identifying details relevant to the transaction.
The affidavit’s purpose.
Clear, preferably numbered factual statements.
Relevant dates, places, names, and document references.
Properly identified attachments.
Space for your signature and the notary’s jurat.

State what you actually know. If information came from a record or another person, identify that source instead of presenting it as something you personally witnessed. Special-purpose affidavits may have additional requirements, so a generic online form may be insufficient.

Read the entire document in a language you understand. Correct errors and resolve material blanks before signing.

3. Bring suitable identification

Under Rule II, Section 12 of the 2004 Rules on Notarial Practice, as amended in 2008, documentary identification generally means at least one current identification document issued by an official agency bearing the holder’s photograph and signature. Examples include a passport, driver’s license, and PRC ID. The rule does not impose a universal two-ID requirement. lawphil.net

A cedula or community tax certificate alone is not competent evidence of identity for this purpose. The Supreme Court has repeatedly rejected reliance on it alone. lawphil.net

If your available ID lacks a signature, is expired, or shows a different name, contact the notary beforehand. Explain the issue and ask what lawful identification process and supporting records are needed.

4. Arrange a properly authorized notary

A lawyer must have a valid notarial commission to perform ordinary private notarial services. For traditional notarization, the notary’s authority is territorially limited. Do not assume that a notary commissioned in one locality may notarize anywhere in the country. Supreme Court E-Library

Avoid a notary who is disqualified because of a relationship or interest. The rules cover, among others, a principal’s spouse, common-law partner, ancestor, descendant, and relatives by blood or marriage within the fourth civil degree. lawphil.net

What should happen during paper notarization?

For a jurat, expect to appear before the notary, undergo identification, sign in the notary’s presence, and take an oath or affirmation. Physical appearance is a substantive safeguard: it allows the notary to check who is executing the document and the circumstances of execution. Supreme Court E-Library

Before leaving:

Check your name, factual statements, attachments, and page order.
Verify that the jurat reflects the actual place and date of notarization.
Check that the notary signed and sealed the document and completed the certificate.
Look for the notary’s commission details and document, page, book, and series references.
Keep your completed copy and payment record.

An incomplete notarial certificate is not a harmless detail to ignore. Supreme Court decisions have addressed missing identity particulars and missing commission information as notarial defects. Supreme Court E-Library

If a correction is needed afterward, return to the notary. Do not independently alter the sworn statements, replace pages, or change the notarial date.

What if you have no acceptable ID or cannot sign normally?

The traditional rules provide an identification alternative through credible witnesses:

One credible witness who personally knows you, is personally known to the notary, and is not privy to the document or transaction; or
Two credible witnesses who each personally know you, are not privy to the document or transaction, and present documentary identification to the notary.

These witnesses swear to or affirm your identity. They are not simply people who happen to accompany you. Arrange this with the notary in advance. elibrary.judiciary.gov.ph

The rules also permit signing by thumbmark or another mark under safeguards, including the presence and signatures of two disinterested, unaffected witnesses and the prescribed notarial notation. An inability to write a conventional signature does not automatically prevent notarization. elibrary.judiciary.gov.ph

If illness, disability, detention, or another circumstance prevents an office visit, explain the situation before booking. A relative cannot simply appear and take your personal oath for you.

Can an affidavit be notarized online?

Yes, where the transaction complies with the Supreme Court’s Rules on Electronic Notarization, A.M. No. 24-10-14-SC.

The rules recognize in-person and remote electronic notarization using an authorized Electronic Notary Public and an accredited Electronic Notarization Facility. They supplement traditional notarization. Paper documents with wet signatures remain governed by the traditional rules; notarial wills and depositions are excluded from the electronic rules. Supreme Court of the Philippines

Before paying for an online service, verify its status through the Supreme Court’s eNotarization portal and confirm the receiving office’s submission requirements.

Remote notarization for someone abroad has additional restrictions. Under the electronic rules, the principal must be within specified Philippine embassy, consular, or honorary-consular premises, with a designated officer confirming the principal’s presence. It is not a general permission to execute a Philippine electronic affidavit from any overseas location. Supreme Court of the Philippines

Affidavits signed abroad or intended for overseas use

For an affidavit executed abroad, ask the Philippine embassy or consulate about its jurat services. A foreign-notary route may instead require an apostille or other authentication, depending on the country, applicable arrangements, and receiving office’s requirements.

For a Philippine-notarized affidavit intended for overseas use, the DFA’s published checklist generally requires the notarized instrument and a Certificate of Authority for a Notarial Act (CANA) from the supervising Regional Trial Court. A copy of the notary’s commission is not a substitute for CANA. Authentication Division

An apostille authenticates the document’s origin, signature or seal, and the signatory’s capacity. It does not certify that the affidavit’s factual contents are true. Check the DFA authentication requirements for your particular document and destination. Authentication Division

Fees, deadlines, and validity

Ask for the total charge beforehand, distinguishing document preparation, notarization, and any separate authentication services.

Under the Supreme Court’s 2025 reporting amendments, notaries may not charge fees for digitizing, transmitting, or processing the documents covered by those reporting requirements. Supreme Court of the Philippines

There is no single filing deadline or universal expiry period for all affidavits. The governing law, proceeding, transaction, or receiving office determines what is required. An affidavit may describe an enduring historical fact while an office nevertheless requires a recently executed version.

Do not treat completion of notarization as completion of filing. Obtain proof that the correct office received the required documents on time.

Common mistakes and when help is urgent

Avoid:

Signing a paper affidavit before attending the jurat appointment.
Sending someone else to take your oath.
Using a cedula alone as identification.
Signing facts you have not checked.
Accepting backdated notarization or an incomplete certificate.
Assuming notarization guarantees acceptance or proves every allegation.
Treating a scanned signature or ordinary video call as compliant electronic notarization.

Knowingly making a materially false sworn statement can expose a person to perjury, depending on the legal elements. Republic Act No. 11594 increased the applicable penalties; older discussions of the penalty may be outdated. An honest error is not automatically perjury, but a significant mistake should be addressed promptly. Supreme Court E-Library

Seek legal help promptly if an affidavit involves a criminal accusation, disputed property, an admission of liability, coercion, suspected forgery, or an approaching court or agency deadline.

Preserve the signed document, scans of every page, attachments, drafts, relevant records and messages, payment receipts, and filing acknowledgments. For suspected unauthorized notarization, retain the notary’s name and all notarial references and ask the commissioning court’s Office of the Clerk of Court about verification.

Frequently asked questions

Can I prepare my own affidavit?

Generally, yes. Its contents must still meet the receiving office’s requirements. Obtain legal assistance when the statement may affect significant rights or expose you to liability.

Do all affidavits need two witnesses?

No. There is no universal two-witness requirement for an ordinary affidavit. Particular documents, credible-witness identification, and signing by mark may require witnesses.

Can an authorized representative sign my affidavit?

An authorization does not allow another person to swear to your personal knowledge as though they were you. A representative may execute an appropriate statement in their own capacity where legally permitted.

Does an affidavit automatically prove my case?

No. Its evidentiary value and admissibility depend on the applicable rules, its contents, and the proceeding. Notarization alone does not guarantee a favorable outcome.

What if I discover an error after notarization?

Preserve the original and consult the notary and receiving office promptly. A fresh or corrective affidavit may be necessary; do not quietly change the executed document.

Official sources

This article provides general Philippine legal information, not advice on a particular document or dispute. Requirements may depend on the facts, applicable rules, and receiving office. Sources checked on October 15, 2026.