# 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.

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## How an Affidavit Is Executed

Affidavits are notarized by way of a [jurat](/glossary/jurat/), which means:

1. The affiant **personally appears** before a notary public
2. The notary verifies identity using [competent evidence of identity](/glossary/competent-evidence-of-identity/)
3. The affiant **signs the affidavit in the notary's presence**
4. The notary **administers an oath or affirmation** that the contents are true
5. The notary applies the notarial seal and records the act in the [notarial book](/glossary/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](/glossary/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](/glossary/am-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](/glossary/electronic-notary-public/) -- in person ([IEN](/glossary/in-person-electronic-notarization/)) or by videoconference ([REN](/glossary/remote-electronic-notarization/)) -- takes the oath, applies an [electronic signature](/glossary/electronic-signature/), and receives the certified PDF sealed with an [electronic notarial seal](/glossary/electronic-notarial-seal/). The session is recorded as part of the [audit trail](/glossary/document-audit-trail/).

This is particularly useful for [overseas Filipinos](/solutions/ofws-and-overseas-filipinos/) who previously had to visit a Philippine embassy to swear affidavits, and for claimants in [insurance](/solutions/insurance-companies/) and [banking](/solutions/banks-and-lenders/) 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](/glossary/acknowledgment/) instead of a [jurat](/glossary/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](/glossary/competent-evidence-of-identity/)

## Related Terms

- [Jurat](/glossary/jurat/)
- [Acknowledgment](/glossary/acknowledgment/)
- [Notary Public](/glossary/notary-public/)
- [E-Notarization](/glossary/e-notarization/)
- [Special Power of Attorney](/glossary/special-power-of-attorney/)

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