An affidavit is a written vow that something is true.

The person who makes this vow is called the affiant.

The affiant confirms that the details provided are correct based on what he or she knows.

The affiant makes this statement in front of a notary public, who is authorized by the government.

This sworn statement is then given a great deal of weight, as legal consequences can follow should some of these statements be proven false.

Courts rely on them for evidence and testimony and institutions such as banks will often require them for any transaction done.

Affidavits can range from very simple one page affidavits to more complex multi-page affidavits used for testimony in court but some common features occur in each.

All Affidavits in the Philippines contain some common components, though the details of the Affidavit may differ widely in subtance.

These features are:

• Written Document Affidavits must be in written form
• Details of the Affiant An Affiant is the person making the statement and details such as their full name, address and ID are included in the Affidavit. This helps show who the affiant is and their trustworthiness.
• Signature of the Affiant The Affiant must sign that the document in front of the Notary Public
• Statement of Facts An Affiant must have personal knowledge of the facts written as hearsay is highly discouraged
• Attestation by the Notary Public The Notary Public must attest that as to the Affiant’s identity and witnesses the signing of the document
• Documentary Stamp This is required and can be bought at the notary or at the BIR

Different types of notarial acts are named different things, with jurat perhaps the most common. Jurat is a notarial act where the an individual appears at a Notary and swears to the statements in the documentand and signs the document.

There is a great deal of variation in the siautions Affidavits cover, as there is a wide range of situations that require the use of Affidavits.

The legal rules about affidavits in the Philippines are important to keep them valid and used correctly.

There are several laws that govern the use of Affidavits, namely:

• The Rules of Court deal breifly with this
• Judicial Affidavit Rule and other Topic Specific Laws govern the use of Affidavits in specific settings
• Notarial Rules discuss the role of the Notary Public, who carries a heavy responsiblity with regard to Affidavits as notarization is a crucial step in ensuring that Affidavits are given weight by judicial and other institutions.

There are also laws that deal with misusing affidavits, like perjury.

The notary public is very important for handling affidavits as the testify to the identity of the witness and that they swore in front of him that the information was true and correct.

They are governed by the 2004 Rules on Notarial Practice which regulate them and list their responsibilities.

These responsibilities are:

• Safekeeping of the document Notaries are required to keep a copy of the document for a prescribed period
• Administration of the oath that the affiant swearts to
• Confirmation of the identity of the affiant through either personal knowledge or the presentation of valid proofs of identity.

Notarization involves several key steps done by the notary public. First, they check the affiant’s ID to confirm their identity. Next, the notary gives the oath, where the affiant promises that the information in the affidavit is true. Finally, the notary signs the document and puts their official seal on it, which shows that the affidavit is real.

The legal issues from giving a false affidavit are strict.

If you knowingly lie under oath, it is called perjury.

Perjury is a serious offence in the Philippines as found in Art 183 of the Revised Penal Code of the Philippines and carries with it the penalty of:

• Arresto mayor which can be from 1 month and 1 day to 6 months to
• Prision correccional which is imprisonment from 6 months and 1 day to 6 years.

It is important that any Affidavit presents true statements, as there can be unforeseen legal consequences to inaccuracies.

Affidavits in the Philippines are used for many purposes, and they come in different forms.

Some are very simple and cover personal transactions.

Some are very complicated and can deal with very complex situations or are used in court.

Let’s look at some common kinds of affidavits used in the Philippines, such as:

• Affidavit of Loss which is required when a document is lost
• Affidavit of Support which may be used in child support agreements
• Affidavit of Co-habitation which may be used to get married without a marriage license
• Affidavit of Heirship or the Extrajudicial Settlement of Estate  which is used to settle an estate when there are multiple heirs
• Affidavit of Sole Heir or the Deed of Sole Adjudication which is used to settle an estate when there is one heir
• Affidavit of Negative which is a PSA document when no file has been found for the event requested
• Judicial Affidavits which is used in court

I’ll go through each in more detail down below.

Affidavit of Loss

An Affidavit of Loss is a common document in the Philippines.

People use this affidavit when they’ve lost important papers like passports, driver’s licenses, or other official documents.

They are generally are required to submit this for lost government IDs such as driver’s licences or passports or for missing ATM cards and checkbooks.

They are also often required to submit this for Reissuance cases, as this document explaining how the title was lost is the first requirement when trying to replace a lost land title.

The Affidavit must contain the components listed above but it should also

• Describe in detail what was lost
• Describe how it was lost

Affidavit of Support

An Affidavit of Support is often used as an informal agreement between parties regarding child support.

Aside from the above mentioned requirements, it will need the amount requested for child support and often where that support will be used for the child.

It is often used in place of a formal court case since a court case may be too expensive to do.

A court case has several advantages over an Affidavit of Support however, as non-compliance of the agreement can be penalized by the court.

Affidavit of Co-habitation

An Affidavit of Cohabitation is used to remove the need for a marriage license in the Philippines.

Its legal basis is from Article 34 of the Family Code of the Philippines, which specifically states that No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.”

It must state:

• The parties have lived together as husband and wife for 5 years
• There is no legal impediment to marry

It is submitted to the Local Civil Registrar along with your CENOMAR and IDs, after which notice of intent to marry is posted.

It is important to follow the correct process for this or to get a marriage license if the requirements do not apply to you because in our practice at FCB Law , we have seen the legal end of marriages due to the fact that the Affidavit of Co-habitation contained incorrrect information.

It is always best to consult a competent family lawyer on this, as well as on other pre-nuptial matters to avoid issues around Conjugal Property.

Affidavit of Heirship or Extrajudicial Settlement of Estate

An Affidavit of Heirship defines who the heirs when there is no will so that an estate can be settled.

In the Philippines, the equivalent document to the Affidavit of Heirship is the Extrajudicial Settlement of Estate.

They are very similar, as they both contain:

• Details of the deceased and the heirs including names, addresses, citizenship as well as how they are related
• Property details identifying properties
• Date and place of death

An extrajudicial settlement will also have:

• PSA documents such as the Birth Certificates, Death certififcates and Marriage certififcates of the parties involved
• Property documents such as the original title and tax declarations of the real properties and equivalent property documents for other assets

An extajudicial settlement is a primary document that can be used to settle an estate by itself.

However, an Affidavit of Heirship may be used by itself or in conjunction with other legal documents or processes to settle an estate depeding on the jurisdiction.

Affidavit of Sole Heir or Deed of Sole Adjudication

In situations where a deceased person has just one heir, a legal document called the Affidavit of Sole Heir is used.

In the Philippines, the equivalent document is called the Deed of Sole Adjudiction.

The document is almost the same as the Affidavit of Heirship above, with the exception that only one heir is identified.

If used in the Philippines, it can be used on its own with the same attachments as required of an Extrajudicial Settlement of Estate.

It must be notarized and registered with the BIR, City Hall and the Registry of Deeds if real property and the equivalent government registries for other property.

Affidavit of Negative or Certificate of Negative Result

The Affidavit of Negative or the PSA Certificate of Negative Result indicates that a record or document does not exist.

The Certificate of Negative result indicates that an event is not in the main PSA registry but it may not necessarily mean that the event does not exist.

The event may still have a documentary record in the local churches, the National Archives or the LCR as the case may be.

There are certain negative results that are required in certain government transactions.

For instance, the Certificate of No Marriage or CENOMAR is a requirement prior to getting a marriage license.

There are other Certificates of Negative Result that are also useful, such as a NBI clearance which indicates that you have no record with the National Bureau of Investigation and which is often used as part of a job application.

Judicial Affidavits and their Role in Court

In court proceedings, judicial affidavits are often used to present a witnesses testimony.

It is not relied on in and of itself as the witnesses are required to swear to its contents in court but serves as a useful definition way to expedite proceedings, due to the cleaner organization of ideas.

The basis for the use of Judicial Affidavit Rule can be found in the Judicial Affidavit Rule or A.M. No. 12-8-8-SC released by the Supreme Court in 2012, which laid out specific guidelines for its use.

What is an affidavit in the Philippines?

An Affidavit is a sworn signed written statement that is notarized.

Who can execute an affidavit in the Philippines?

An Affidavit can be created by any one with legal capacity and must be notarized by a public notary.

What are the kinds of affidavits?

There are several common kinds of Affidavits used in the Philippines such as the Affidavit of Loss, Affidavit of Support, Affidavit of Cohabitation and Judicial Affidavits among others.

What is judicial affidavit rule Philippines?

The Judicial Affidavit Rule as stated in A.M. No. 12-8-8-SC tries to streamline court proceedings through the use of written sworn statements of fact which are presented in court and to which the witness swears to. These written sworn statements are called Judicial Affidavits.

What are the specific requirements for notarizing affidavits?

An Affidavit can be notarized when the notary believes that the statements contained are true, when there is correct proof of identity, when it is signed or marked appropriately and when documentary stamps are affixed.

When should someone ask for legal advice before writing an affidavit?

Complex Affidavits that may be used in court should be reviewed by an attorney prior to submission since any error can have far reaching consequences.