Below is a comprehensive discussion on the nature, purpose, and procedures involved in executing an Affidavit to Correct Name Discrepancies in Official Documents within the Philippine context. This article is for informational purposes only and does not constitute legal advice. For specific concerns, always consult a qualified attorney or the proper government agency.

1. Introduction

In the Philippines, official documents such as birth certificates, marriage certificates, school records, government IDs, and other public records must accurately reflect an individual’s personal information. However, discrepancies sometimes arise—these may include misspellings, typographical errors, discrepancies in the sequence of names, or the use of different names in different documents.

An “Affidavit to Correct Name Discrepancies” (often called an “Affidavit of Discrepancy” or “Affidavit of One and the Same Person”) is a sworn statement typically used to address and explain name inconsistencies across official documents. This affidavit helps in clarifying that the various names refer to one and the same individual, or clarifying minor errors before undergoing a formal rectification process.

2. Legal Framework: Relevant Philippine Laws and Regulations

Civil Code of the Philippines (Republic Act No. 386)
- Governs, in broad terms, civil status, name, and other civil rights and obligations.
Republic Act No. 9048 (Clerical Error Law)
- Allows the city or municipal civil registrar or the consul general to correct clerical or typographical errors in an entry and/or to change the first name or nickname in civil registry documents under certain conditions, without the need for a judicial order.
Republic Act No. 10172
- Amended R.A. 9048 to include corrections on the day and month of birth or sex of a person on civil registry documents, under specific circumstances.
Philippine Statistics Authority (PSA) Memoranda
- Provides guidelines and procedures on how to process corrections or changes in civil registry documents administratively.

Generally, affidavits of discrepancy are used to explain or clarify the differences in one’s legal name across records. For truly minor errors, an affidavit may suffice to prove identity or continuity of records. However, for more substantial corrections, you must follow the procedures under R.A. 9048 and R.A. 10172 or, in certain cases, file a petition in court.

3. Common Reasons for Name Discrepancies

Misspellings: Example: “Maria” spelled as “Marria.”
Typographical Errors: Example: “Juan Dela Cruz” vs. “Juan Dela Curz.”
Differences in Format: Example: “Maria Ana Reyes” vs. “Maria Ana M. Reyes” or “Ma. Ana M. Reyes.”
Incomplete/Additional Names: Example: “Jonathan Reyes” vs. “Jonathan S. Reyes” vs. “Jonathan Santos Reyes.”
Different Maiden and Married Surnames: For married individuals who have changed their last name.
Cultural Naming Conventions: Some families may use multiple surnames or append the mother’s surname, causing variation between documents.

4. When Is an Affidavit of Discrepancy Needed?

Passport or Visa Application or Renewal – When the name on your birth certificate differs from that on your government IDs.
Bank Transactions – Financial institutions often require explanation when documents and identification do not match perfectly.
Employment Requirements – Employers may request consistency across all your documents, including NBI clearances, SSS records, and TIN records.
Property Transactions or Inheritance Matters – A mismatch in documents can delay or complicate property transactions, deeds, or probate processes.
School or University Records – Educational institutions often require the student’s name in transcripts, diplomas, and IDs to match their official civil registry data.

5. Contents of the Affidavit

A typical affidavit to correct name discrepancies, or an affidavit of one and the same person, includes:

Affiant’s Personal Information
- Full legal name, age, civil status, citizenship, address, and other pertinent details.
Statement of Authority
- An opening statement affirming the affiant is executing the affidavit voluntarily to attest to the facts stated therein.
Enumeration of Discrepancies
- A detailed list of the erroneous name forms appearing in various documents.
- Clear identification of documents: e.g., Birth Certificate (Registry No. XXX), Passport (Number XXX), Marriage Certificate (Registry No. XXX), School Records, etc.
Explanation or Circumstances Leading to the Discrepancy
- Outline whether it was a typographical error, a difference in the usage of middle initials, or an alternate name used on school records, etc.
Declaration of Identity
- Affirmation that despite the different forms or spellings, they refer to one and the same person.
Reference to Legal Name
- A clear statement of the correct and legal name as it appears (or should appear) in your official birth record or the correct legal document.
Supporting Documents
- If needed, the affidavit may reference or attach supporting evidence that demonstrates that the individual using these differing names is indeed one and the same person (IDs, certificates, notarized statements, etc.).
Attestation and Oath
- The affiant must swear before a notary public (or other authorized officer) that the contents are true and correct to the best of their knowledge.

6. Step-by-Step Procedure to Prepare and Execute the Affidavit

Gather Documents
- Collect all pertinent documents where the discrepancies appear, e.g., birth certificate from the PSA, school records, government-issued IDs, passports, etc.
Consult a Lawyer or Legal Form
- You can obtain a standard template from law offices, notaries, or reputable online legal resource sites. However, custom-tailored affidavits are recommended if the situation is more complex.
Draft the Affidavit
- Ensure it has all the crucial elements: personal information, enumeration of errors, correct name, an explanation of how they occurred, and a statement that all these variations refer to the same person.
Prepare Supporting Evidence
- Attach photocopies of the erroneous documents and highlight the parts where the names differ.
- Attach an original/certified true copy of the birth certificate or any official document showing the correct name.
Notarization
- Bring the draft affidavit and original supporting documents to a notary public.
- The affiant must present one or more government IDs as proof of identity.
- Pay the notarial fee. The notary will require the affiant to sign the document under oath.
Distribution/Submission
- Once notarized, this affidavit can be presented to government agencies, schools, banks, or other private/public institutions requiring clarification of the discrepancy.

7. What Happens After Executing an Affidavit?

In many cases, the affidavit alone suffices as proof of explanation for minor inconsistencies. However, if there is a need to officially correct the error in your civil registry documents (e.g., birth or marriage certificates), you may have to file:

Administrative Correction under R.A. 9048 or R.A. 10172 at the Local Civil Registrar (LCR) or the Philippine Consulate (if abroad), for errors considered “clerical” or “typographical.”
Judicial Petition – If the discrepancy involves substantial changes in name or civil status that are not covered by R.A. 9048 or R.A. 10172, a court order is required. This is often a lengthier and costlier process, requiring the filing of a petition in court and compliance with judicial procedures.

8. Points to Remember

Minor vs. Substantial Corrections
- Minor or clerical errors can often be explained with an affidavit plus administrative correction.
- Substantial changes, e.g., major spelling errors in a first name that alters identity, changes in surname, or changes in nationality details, often require a court petition.
Validity and Authenticity
- The affidavit must be notarized to be valid for official use. Make sure to sign the affidavit in front of the notary public and present valid identification.
Limited Scope
- An affidavit of discrepancy is not always a permanent solution. It does not rewrite the documents themselves. If the discrepancy prevents you from obtaining vital records or causes recurring issues, you may need an official correction from the Local Civil Registrar or the courts.
Potential Agency Requirements
- Government agencies (e.g., the Philippine Statistics Authority, Department of Foreign Affairs for passport, Social Security System, etc.) or private entities (e.g., banks, schools) might require additional documents such as a judicial decree of correction, an updated birth certificate, or a certification from the civil registrar. An affidavit is typically one of the requirements, not the only one.
Seek Legal Advice if Unsure
- If the discrepancy is complicated or if one’s eligibility for certain benefits or claims depends on having the correct name, consult a licensed attorney.

9. Frequently Asked Questions (FAQs)

1. How much does it cost to notarize an Affidavit of Discrepancy in the Philippines?

Notarial fees vary depending on the notary public and the region. It may range anywhere from PHP 100 to PHP 500 or more. For complex affidavits, additional legal service fees may be charged.

2. Can I use the same Affidavit of Discrepancy for multiple purposes?

Yes. Typically, a single notarized affidavit can be used to address the same name discrepancies across various documents. However, always check if the receiving agency needs an updated or separate affidavit.

3. How long does the administrative correction process take with the Local Civil Registrar?

For corrections under R.A. 9048 or R.A. 10172, the timeline varies by locality. It can take a few weeks to a few months depending on the workload of the Local Civil Registrar and completeness of your documentary requirements.

4. Do I need a court order to correct my birth certificate?

Only if the correction is considered substantial or not covered by R.A. 9048 or R.A. 10172. Examples would be changing your legitimate surname to another, rectifying your parentage, or altering your date of birth beyond minor typographical fixes.

5. Is an affidavit enough to correct an official record?

No. An affidavit does not automatically change official records. It is primarily a sworn statement explaining discrepancies. If you need the actual record changed (e.g., on a PSA-issued birth certificate), you must go through the administrative or judicial process.

10. Conclusion

An Affidavit to Correct Name Discrepancies is an essential legal instrument in the Philippines for clarifying minor or typographical inconsistencies in one’s name across various documents. It attests to the continuity of identity and can serve as strong supporting evidence when dealing with government agencies, educational institutions, banks, and other private entities.

Remember, while an affidavit can serve as an immediate and practical remedy to discrepancies, it does not replace the official process of correcting or amending erroneous civil records. For individuals facing persistent or complicated discrepancies, a more thorough legal approach—either administrative or judicial—may be necessary.

If you are in doubt or your situation involves nuanced legal or procedural questions, consult a licensed Philippine attorney or contact your local civil registrar for proper guidance on how to proceed.