What Is an Affidavit? Definition, Types, and Notarization Requirements in the Philippines
An affidavit is a written statement of facts that the person making it (the affiant) swears under oath to be true, signed in the presence of a notary public. Affidavits are used across the Philippine legal, regulatory, and commercial system whenever a sworn factual statement is required.
How an Affidavit Is Executed
Affidavits are notarized by way of a jurat, which means:
- The affiant personally appears before a notary public
- The notary verifies identity using competent evidence of identity
- The affiant signs the affidavit in the notary’s presence
- The notary administers an oath or affirmation that the contents are true
- The notary applies the notarial seal and records the act in the notarial book
A document that calls itself an “affidavit” but lacks a proper jurat is not a valid affidavit – it is just a written statement.
Common Types of Philippine Affidavits
| Affidavit | Common Use |
|---|---|
| Affidavit of loss | Lost passports, IDs, ATM cards, land titles, vehicle plates |
| Affidavit of support | Sponsoring relatives, school applications, visa documents |
| Affidavit of consent | Travel of minor children, medical procedures, marriage |
| Affidavit of single status / no marriage | Marriage license applications, foreign marriage |
| Affidavit of heirship | Estate settlement and inheritance |
| Affidavit of self-adjudication | Estate with a single heir |
| Affidavit of two disinterested persons | Civil registry corrections |
| Affidavit of cohabitation | Marriage under Article 34, Family Code |
| Affidavit of guardianship | Minors traveling, financial transactions |
| Affidavit of undertaking | HR, finance, government compliance |
| Affidavit of merit | Pleadings, motions for new trial |
| Affidavit of desistance | Criminal cases (with limitations) |
| Sworn declaration of gross sales/receipts | BIR (8% income tax option) |
Legal Effect
An affidavit is admissible as evidence under the Rules of Court and the Rules on Electronic Evidence (for e-affidavits). Because the contents are sworn, false statements in an affidavit can give rise to perjury under the Revised Penal Code – a key reason notarized affidavits carry weight that unsworn statements do not.
Affidavits Under E-Notarization
A.M. No. 24-10-14-SC allows affidavits to be executed and notarized electronically. The affiant uploads the affidavit as PDF/PDF-A, appears before an electronic notary public – in person (IEN) or by videoconference (REN) – takes the oath, applies an electronic signature, and receives the certified PDF sealed with an electronic notarial seal. The session is recorded as part of the audit trail.
This is particularly useful for overseas Filipinos who previously had to visit a Philippine embassy to swear affidavits, and for claimants in insurance and banking flows who need to swear an affidavit during a difficult moment without leaving home.
Common Mistakes
- Calling a document an “affidavit” but using an acknowledgment instead of a jurat – the document is then not technically sworn
- Signing the affidavit before appearing before the notary
- Vague or hearsay statements – affidavits should be in the affiant’s personal knowledge
- Missing date, place of execution, or competent evidence of identity
Related Terms
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