Affidavit of Discrepancy for Middlename Correction in the Philippines: A Comprehensive Guide

In the Philippines, one’s name—and the accuracy thereof—holds significant legal and personal importance. Discrepancies in names, particularly middle names, can lead to confusion or even denial of applications for identification cards, employment, loans, passports, or other official purposes. An Affidavit of Discrepancy for Middle Name Correction is often the starting point for addressing these inconsistencies in records. Below is a detailed discussion of everything you need to know about this affidavit, its purpose, legal bases, and how it is used in the Philippines.

1. What is an Affidavit of Discrepancy?

An Affidavit of Discrepancy is a sworn statement executed before a notary public wherein a person (the affiant) declares and explains any inconsistency, typographical error, or variance in his or her personal information—particularly the name—across different official or personal documents. When the issue involves the middle name, the affidavit is specifically crafted to focus on correcting or clarifying that discrepancy.

1.1 Purpose of an Affidavit of Discrepancy

To Acknowledge the Error
The affidavit formally acknowledges that there is a discrepancy in the affiant’s middle name.
To State the Correct Middle Name
It clarifies what the correct middle name should be, referring to primary sources like the birth certificate.
To Provide Explanation
It includes a narrative explaining how the discrepancy arose—whether due to typographical errors, clerical mistakes, or other reasons.
To Serve as Supporting Document
Affidavits of Discrepancy are often required by government agencies, banks, or private institutions as a preliminary measure to reconcile or update records.

2. Why Focus on Middlename in the Philippines?

In the Philippine naming convention, the middle name is customarily the maternal surname (the mother’s maiden surname). Having the correct middle name is crucial because:

Identification: Government agencies, schools, and financial institutions often verify an individual’s identity using a three-name format: first name, middle name, and surname.
Lineage and Heritage: The middle name reflects maternal lineage, which carries weight in legal and cultural contexts.
Compliance with Official Records: Discrepancies in the middle name can cause delays or rejections when applying for a Philippine passport, driver’s license, PRC license, Social Security System (SSS) benefits, etc.

3. Legal Framework Governing Name Corrections

Republic Act No. 9048
This law, also known as “An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Civil Register Without Need of a Judicial Order,” empowers civil registrars to correct typographical errors in the civil registry.
- Scope: While RA 9048 is mostly used to correct minor errors in the first name, it also includes provisions that may extend to certain middle name discrepancies if they are considered “clerical errors.” However, more complex issues may still require court intervention.
Republic Act No. 10172
RA 10172 amended RA 9048 to include provisions for correction of errors in the entry of the day and month in the date of birth or sex of a person without a judicial order. Middle name corrections might still be subject to the original guidelines under RA 9048 or may require judicial proceedings if beyond the scope of simple clerical errors.
Administrative Orders from PSA
The Philippine Statistics Authority (PSA), which oversees civil registration, issues Implementing Rules and Regulations (IRRs) providing detailed procedures for applying for corrections in civil registry documents.
Court Intervention
If the discrepancy is deemed substantial—for instance, if the middle name in the birth certificate is entirely different or is spelled so differently as to potentially be a different name—a judicial proceeding (court order) may be required. The Affidavit of Discrepancy will serve as supporting evidence but will not, by itself, correct the official civil registry.

4. When is an Affidavit of Discrepancy Needed?

You may need to execute an Affidavit of Discrepancy for Middle Name Correction in situations such as:

Passport Application/Renewal
If the applicant’s birth certificate and other IDs show mismatched middle names.
Licensure/Board Exams
When the Professional Regulation Commission (PRC) requires uniformity of names across all records.
Government Benefit Claims
SSS, GSIS, Pag-IBIG, and PhilHealth might ask for consistent name entries in their databases.
Bank Transactions and Loans
Financial institutions require uniform identification details. Discrepancies can cause processing delays or denials.
Employment
Employers or POEA (for overseas employment) may require an Affidavit of Discrepancy if names on your birth certificate and other credentials do not match.

5. Contents of an Affidavit of Discrepancy

A properly drafted Affidavit of Discrepancy for Middle Name Correction generally includes the following:

Title/Caption
- “Affidavit of Discrepancy” or “Affidavit of Discrepancy in the Middle Name.”
Affiant’s Personal Information
- Full name, age, nationality, civil status, and residence address.
Statement of Facts
- A statement indicating the document(s) containing the erroneous middle name.
- Specific mention of what the middle name currently reflects and the correct or intended middle name.
Circumstances Leading to the Error
- An explanation of how or why the error occurred (e.g., clerical mistake, misreading of handwriting, typographical error during transcription at the hospital, etc.).
Declaration of Correct Middle Name
- A clear statement asserting what the correct middle name should be, usually referencing the birth certificate or other primary record.
Request/Assertion
- A request or statement that all concerned persons, offices, or agencies take notice of the correction or the correct version of the middle name.
Attestation and Oath
- A final attestation, usually in the form of “I am executing this affidavit to attest to the truth of the foregoing statements” or similar.
- Signed in the presence of a notary public, who then notarizes and places the notarial seal.

6. Procedure and Requirements for Execution

Draft the Affidavit
- You can draft the affidavit yourself or seek the assistance of a lawyer. Many notary publics or law offices have ready-made templates that can be customized to your situation.
Gather Supporting Documents
- Birth Certificate: Issued by the PSA (or local civil registrar) showing the correct middle name.
- Other Valid IDs: Driver’s license, passport, voter’s ID, or any government-issued ID that might show the correct name.
- Erroneous Documents: The documents where the incorrect middle name appears (e.g., school records, employment records, etc.).
Visit a Notary Public
- Present your drafted affidavit along with the supporting documents.
- Sign the affidavit in the presence of the notary.
- Pay the notarial fee (which varies depending on location and law office/notarial practice).
Obtain Certified Copies
- Keep multiple notarized copies for distribution to various institutions (banks, government agencies, etc.).
Submission to Concerned Agencies
- Submit one duly notarized copy to each institution (e.g., PSA, LCR, PRC, SSS, bank) that needs to be notified of the discrepancy and your correction.

7. Limitations of an Affidavit of Discrepancy

Not Always a Complete Fix
While an affidavit may be accepted by some institutions as sufficient proof to reconcile records, it does not automatically change or correct the information in civil registry documents.
Possible Need for Administrative or Judicial Correction
If the discrepancy involves more than a simple typographical error or if the civil registrar deems it “substantial,” you may need to file a petition for correction under RA 9048, or you may need to go through the courts for a change or correction of entry under Rule 108 of the Rules of Court.
Institutional Discretion
Different government offices or private entities have their own specific policies regarding affidavits. Some may require additional documents or may insist on a court order if they believe the discrepancy is significant.

8. Practical Tips and Considerations

Consult a Lawyer
If you are uncertain whether your middle name discrepancy falls under a simple or a substantial error, it is best to consult a lawyer who can advise if the correction can be done administratively or requires judicial intervention.
Secure PSA-Certified Birth Certificate
Always request the latest PSA-certified copy of your birth certificate to confirm the correct entry of your middle name. This is usually the primary reference point for all name-related corrections.
Maintain Consistency
Consistency across all official documents is crucial. Once you have determined the correct middle name based on your birth certificate, use that exact spelling and format moving forward.
Keep Extra Copies
It is advisable to have multiple notarized copies of your affidavit, as you may need to submit them to various agencies.
Check Agency-Specific Guidelines
Before filing or submitting your affidavit, check if the concerned government office or private institution has its own affidavit template or additional requirements.

9. Frequently Asked Questions (FAQs)

9.1 Does the Affidavit of Discrepancy automatically update my PSA record?

No. An affidavit alone does not amend or update your civil registry document on file with the PSA. If you need the birth certificate itself changed, you must file the proper petition for correction under RA 9048 (for clerical errors) or, if the error is substantial, you may need to file a petition in court under Rule 108 of the Rules of Court.

9.2 How much does it cost to have an affidavit notarized?

Notarial fees vary, but they typically range from PHP 200 to PHP 1,000 or more, depending on the notarial office, location, and complexity of the affidavit.

9.3 Do I need a lawyer to prepare the affidavit?

While you can prepare the affidavit yourself using available templates, it is wise to consult an attorney if the discrepancy involves complex issues or if you are unsure about the correct legal procedure. A lawyer can also ensure the affidavit is drafted accurately and in compliance with legal requirements.

9.4 Will my middle name discrepancy affect my passport application?

Yes, it can. The Department of Foreign Affairs (DFA) typically checks the PSA birth certificate when issuing or renewing passports. Any mismatch between your birth certificate and other IDs may delay the process or result in rejection unless you provide an affidavit or corrected documents.

10. Conclusion

An Affidavit of Discrepancy for Middle Name Correction is an invaluable tool for Filipinos who need to reconcile name inconsistencies across various documents. While it can serve as a temporary or supplementary measure to explain why your middle name differs, it is not a catch-all solution. Depending on the nature of the discrepancy, you may still need to go through administrative or judicial channels to permanently correct civil registry records.

If you find yourself dealing with a middle name discrepancy, begin by verifying the correct entry in your PSA-certified birth certificate. Then, execute an Affidavit of Discrepancy outlining the error, and present it along with supporting documents to concerned entities. Finally, should the situation demand, consult legal counsel for guidance on whether a simple administrative correction under RA 9048 or a more extensive judicial proceeding is necessary.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns, always consult a licensed Philippine attorney or directly coordinate with the local civil registrar’s office.