Affidavit of Discrepancy for PSA Clerical Errors

Below is a comprehensive discussion of the Affidavit of Discrepancy for PSA (Philippine Statistics Authority) clerical errors in the Philippine context. This article covers the legal background, the purpose and function of an Affidavit of Discrepancy, the procedures, the requirements, and practical considerations when preparing and filing such an affidavit.

1. Overview

1.1 What is an Affidavit of Discrepancy?

An Affidavit of Discrepancy is a sworn statement executed by an individual to explain and clarify inconsistencies or differences appearing in one’s personal data across various documents. In the Philippine setting, this affidavit is most commonly used when there are discrepancies between the details found in the Philippine Statistics Authority (PSA) civil registry documents (such as birth, marriage, or death certificates) and other official records or valid IDs.

A typical scenario is when a person’s name, date of birth, place of birth, or other essential details differ between:

  1. The PSA-certified copy of a birth certificate, and
  2. Identification documents (e.g., passport, driver’s license), academic records, or employment records.

Through an Affidavit of Discrepancy, the affiant (the person executing the affidavit) declares that these documents, though containing varying details, refer to one and the same individual.

2. Legal Foundations

2.1 Philippine Laws Governing Civil Registry Corrections

  1. Republic Act No. 9048 (RA 9048) – Known as the Clerical Error Law, it authorizes the city or municipal civil registrar or the consul general to correct certain clerical or typographical errors in an entry in the civil register without the need for a judicial proceeding.

  2. Republic Act No. 10172 (RA 10172) – This law expanded RA 9048 by allowing corrections for:

    • Day and/or month of birth (but not the year), and
    • Gender or sex entry, if the error is purely clerical/typographical and if certain conditions are met.

An affidavit of discrepancy often supplements or supports the petition filed under these laws by explaining the discrepancy and providing context. However, it is important to distinguish between:

  • Purely clerical or typographical errors that can be corrected administratively under RA 9048 or RA 10172, and
  • Substantial corrections (e.g., changing one’s full name entirely, changing the year of birth, or making major amendments) that might require a court order.

2.2 Purpose of an Affidavit of Discrepancy

  • Clarification and consistency: Affidavits of Discrepancy help government offices, banks, employers, and educational institutions understand why different documents of the same person contain inconsistent entries.
  • Legal protection: The affidavit, being a notarized document, legally binds the affiant to the statements made under oath. Any false statement in an affidavit can expose the affiant to perjury charges or falsification of public documents.
  • Administrative compliance: Certain agencies or entities may specifically require an Affidavit of Discrepancy before accepting official documents or allowing amendments/updates to records.

3. Common Reasons for Discrepancies

  1. Misspellings of the person’s name (e.g., “Marry” vs. “Mary”).
  2. Typographical/clerical errors made by local civil registrars or hospital staff at birth (e.g., day or month incorrectly noted).
  3. Transposed letters in the surname or middle name.
  4. Differences in the format of the person’s name (e.g., “Juan Pedro Santos” vs. “Juan P. Santos”).
  5. Missing or additional characters (e.g., “Garcia” vs. “García” with diacritical marks).
  6. Discrepancy in birth details, such as the place of birth or date of birth (if minor and falls under clerical/typographical error).

4. Format and Contents of an Affidavit of Discrepancy

There is no single, rigid “official” format prescribed by law for an Affidavit of Discrepancy. However, it generally contains the following essential parts:

  1. Title: “Affidavit of Discrepancy”
  2. Name and Personal Circumstances of the Affiant:
    • Full name
    • Age
    • Civil status
    • Citizenship
    • Residence address
  3. Statement of Facts:
    • Explanation of the specific discrepancy (e.g., difference in spelling of name, birthdate mismatch).
    • Identification of the documents containing the inconsistent information (e.g., PSA Birth Certificate vs. Passport).
    • Clear statement that these records belong to one and the same person, and the affiant is that person.
  4. Reason for the Discrepancy:
    • If known, detail how the discrepancy occurred (e.g., typographical error by the civil registrar, a hospital clerk’s oversight, or an inadvertent omission).
  5. Attestation and Undertaking:
    • That the affiant is executing the affidavit to attest to the truth of the statements and for any legal purpose that it may serve.
    • A statement acknowledging liability for any misrepresentation or falsehood.
  6. Signature of Affiant:
    • The affiant must sign the affidavit.
  7. Notarization:
    • The document must be notarized by a duly commissioned notary public. The notarial act gives it legal force and authenticity.

5. Procedures and Requirements

Below is a general outline of how one typically prepares and uses an Affidavit of Discrepancy in the Philippines:

5.1 Preparation

  1. Gather documents:
    • PSA-issued copy of the document bearing the discrepancy (e.g., birth certificate, marriage certificate).
    • Other official documents showing the correct or intended information (e.g., passport, driver’s license, PRC ID, school records).
  2. Draft the affidavit:
    • Clearly identify the inconsistencies.
    • Explain that they refer to one and the same person.
    • Cite the reason for the discrepancy if known.
  3. Consult a lawyer (optional, but recommended):
    • To ensure proper wording and completeness, especially if the discrepancy involves sensitive or complex details.
  4. Notarization:
    • Present the final draft and valid IDs to a notary public for notarization.
    • The affiant must sign the affidavit in the presence of the notary public.

5.2 Filing and Usage

  1. Attach the Affidavit to relevant applications or submissions:
    • Government agencies (e.g., Local Civil Registrar, Department of Foreign Affairs for passport renewal or issuance).
    • Educational institutions (e.g., for school records).
    • Banks or private institutions requesting clarification.
  2. Support petition for correction (if necessary):
    • If you plan to officially correct the clerical error through RA 9048 or RA 10172, an Affidavit of Discrepancy can be among the supporting documents required by the Local Civil Registrar.
  3. Retain copies:
    • Keep multiple notarized copies. Some agencies might require an original copy or certified true copy.

6. Distinction Between Affidavit of Discrepancy and Petitions for Correction

An Affidavit of Discrepancy itself does not correct the PSA record; it only clarifies or explains the differences. It is often used as supporting documentation in administrative or legal processes.

  • For minor clerical errors (e.g., missing letters, typographical errors in name spelling, day/month errors in birthdate), one can file an administrative petition under RA 9048 or RA 10172 at the Local Civil Registrar.
  • For substantial changes (e.g., changing one’s surname, altering the year of birth, changing nationality, or other significant details), one usually needs to file a judicial petition before the proper court.

7. Fees and Other Considerations

  1. Notary Public Fee: The cost of notarization varies, usually ranging from PHP 100 to PHP 500 or more, depending on the complexity, location, and notary.
  2. Administrative Fees (if filing for correction):
    • Filing fees at the Local Civil Registrar for correction of entries under RA 9048 or RA 10172 vary by municipality/city.
  3. Timeline:
    • Preparation of an Affidavit of Discrepancy can be done quickly (often within a day or two).
    • For a formal petition for correction, timelines vary: administrative corrections can take a few weeks to several months.
  4. Legal Advice:
    • While an affidavit is a relatively straightforward document, seeking advice from a legal professional ensures accuracy, especially if multiple discrepancies or sensitive personal details are involved.

8. Practical Tips

  1. Always use the most recent PSA copy: Ensure the PSA document you are referencing is recent (often within six months to one year) to avoid questions about outdated records.
  2. Explain the discrepancy concisely: Keep the explanation clear but concise. Courts, agencies, or schools often prefer straightforward language.
  3. Attach relevant evidence: If possible, attach or cite secondary documents that corroborate the correct information (e.g., baptismal certificate, immunization record, old school forms).
  4. Consistency across all documents: After securing an Affidavit of Discrepancy and/or a corrected civil registry document, make it a point to use the correct details going forward.
  5. Keep certified and notarized copies: Different institutions may require an original notarized copy or a certified true copy, so always have extra copies ready.

9. Sample Affidavit of Discrepancy (Simplified)

REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF ____________
S.S.

AFFIDAVIT OF DISCREPANCY

I, (Name of Affiant), of legal age, Filipino, single/married, and a resident of (Address), after having been duly sworn in accordance with law, hereby depose and state:

  1. That I am executing this affidavit to explain the discrepancy between my name as it appears on my PSA Birth Certificate and my name on my valid government-issued IDs.
  2. That in my PSA Birth Certificate, my name appears as “JUAN PEDRO SANTOS”, whereas in my passport, driver’s license, and other IDs, my name appears as “JUAN P. SANTOS.”
  3. That these documents refer to one and the same person, and that person is me, the herein affiant.
  4. That the difference was due to a typographical omission of my middle name/initial when my birth record was originally registered.
  5. That I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing facts and to clarify any confusion or questions pertaining to my identity for all legal intents and purposes.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _________, 20, in __________, Philippines.

(Signature of Affiant)
Name of Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _________, 20, in __________, affiant exhibiting to me his/her competent evidence of identity, ________________ issued on _____________ at __________.

Notary Public
Doc. No. ______;
Page No. ______;
Book No. ____;
Series of 20.

10. Key Takeaways

  1. An Affidavit of Discrepancy is not a standalone legal solution to correct PSA records. It is a supporting document used to explain differences and is often required by government/private entities to verify identity.
  2. Minor, clerical errors can be addressed through administrative correction under RA 9048 and RA 10172, provided they meet the criteria of “clerical or typographical errors.”
  3. Major or substantial changes to a civil registry document still require judicial correction (court proceedings).
  4. Ensuring truthfulness and accuracy in an Affidavit of Discrepancy is paramount. Falsification or providing incorrect statements can lead to legal liabilities.
  5. Consultation with a lawyer or the Local Civil Registrar for guidance is recommended if you are unsure about the nature of the discrepancy or the appropriate remedy.

Final Note

The use of an Affidavit of Discrepancy remains a practical and common mechanism in the Philippines to address document inconsistencies. While it does not automatically amend official PSA records, it facilitates clarification and can expedite processes with banks, government agencies, schools, or employers who require uniformity across a person’s legal documents. If you have repeated discrepancies or more complex issues, it may be best to seek legal counsel or approach the Local Civil Registrar to see if you qualify for administrative correction or judicial proceedings for a permanent resolution.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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