How to Draft a Joint Affidavit for Name Discrepancy Corrections

Below is a comprehensive guide on drafting a Joint Affidavit for Name Discrepancy Corrections in the Philippine context. This discussion covers the purpose, legal basis, structure, essential requirements, best practices, and practical tips for ensuring that such affidavits meet the standards required by Philippine law.

I. Introduction

A Joint Affidavit for Name Discrepancy Corrections is a sworn statement executed by two affiants (usually two individuals with personal knowledge of the circumstances surrounding the discrepancy) who attest to the true and correct identity of a person whose name appears differently in various official or legal documents. Such discrepancies often arise in the following documents:

  • Birth certificates
  • School records
  • Marriage certificates
  • Employment records
  • Passports and government-issued IDs

The affidavit helps clarify or rectify the confusing variation in names and is submitted as supporting evidence in legal or administrative proceedings, such as correcting entries at the local civil registry or explaining inconsistencies in government transactions.

II. Legal Basis and Uses in the Philippines

  1. Rules of Court and Rules on Evidence

    • Under Philippine law, affidavits are recognized as written statements made under oath, evidencing facts personally known to the affiants. Section 4, Rule 108 of the Rules of Court (on cancellation or correction of entries in the civil registry) allows affidavits to be filed in support of petitions for correction of entries.
    • Affidavits serve to substantiate claims, especially concerning identity or status. Although an affidavit is not conclusive evidence by itself in a litigated case, it carries substantial weight in administrative or quasi-judicial settings (e.g., the Local Civil Registry’s administrative process).

  2. Civil Registry Laws

    • Republic Act No. 9048 (as amended by RA 10172) provides an administrative procedure for correcting certain errors in civil registry records (e.g., first name, birth date, sex). To support an application, the Local Civil Registrar often requires at least two supporting documents or affidavits attesting to the correct facts.

  3. Other Government Agencies

    • Various government agencies (e.g., Department of Foreign Affairs, Social Security System, Government Service Insurance System, PRC, etc.) also request sworn statements to clarify inconsistencies in an individual’s name in official documents.

III. When Is a Joint Affidavit of Name Discrepancy Required?

A Joint Affidavit for Name Discrepancy Corrections is most commonly used in the following scenarios:

  1. Birth Certificate Discrepancies
    When a person’s birth certificate shows a name that differs from the name used in everyday transactions, schooling, or government IDs.

  2. Marriage Certificate Issues
    If a spouse’s name is erroneously spelled or is different from that found in other records.

  3. Passport or Government ID Discrepancies
    When a name stated on a passport or ID does not match the name on the birth certificate or marriage certificate.

  4. Employment and School Records
    Discrepancies that arise between the name in a diploma, transcript of records, or employment records and other personal documents.

  5. Banking and Financial Documents
    If an account name differs from other official records and the bank requests proof of identity and name conformity.

IV. Essential Elements of a Joint Affidavit

While formats may differ slightly, a valid Joint Affidavit in the Philippines typically contains the following components:

  1. Title or Caption

    • Clearly indicate “Joint Affidavit of Discrepancy” or “Joint Affidavit of Name Discrepancy” at the top of the document.
    • Include any case reference if part of a legal proceeding (e.g., in support of a petition for correction of entry).

  2. Affiants’ Personal Details

    • Full legal names (as appearing on valid IDs).
    • Nationality, civil status, and addresses.
    • Mention that both affiants are of legal age.

  3. Introduction/Opening Paragraph

    • A statement that both affiants are executing the affidavit voluntarily to attest to certain facts under oath.
    • Example phrasing:

      “We, [Full Name of Affiant A], of legal age, Filipino, single/married, and a resident of [Address], and [Full Name of Affiant B], of legal age, Filipino, single/married, and a resident of [Address], both after having been duly sworn to in accordance with law, hereby depose and say…”

  4. Statement of Facts Regarding the Discrepancy

    • Explain the nature of the discrepancy:
      • Describe the incorrect spelling or variation in the name.
      • Indicate where the discrepancy appears (e.g., birth certificate, school records).
      • Present the correct name as it should appear.
    • Example phrasing:

      “That we have personal knowledge of the fact that [Name as Printed in Document A] is the same person as [Name as Printed in Document B]; however, in her/his birth certificate, the name is recorded as [Erroneous Name] while in other records it is shown as [Correct Name].”

  5. Affiants’ Assertion of Truth

    • Clearly state that, based on personal knowledge, the person with the name discrepancy is one and the same individual.
    • Affirm that the discrepancy is unintentional and that the correct name is as indicated in the affidavit.

  6. Request for Correction or Clarification

    • Indicate the purpose of the affidavit, i.e., to seek recognition or correction of the name in official documents, or to clarify the discrepancy before a particular government agency, court, or office.

  7. Attestation/Sworn Statement Clause

    • A standard concluding paragraph stating that all statements are true and correct to the best of the affiants’ knowledge and belief.
    • This is often followed by the phrase “FURTHER AFFIANTS SAYETH NAUGHT” or a similar clause.

  8. Signatures of Affiants

    • Both affiants must sign the affidavit.
    • The signatures should match the signatures on their valid IDs.

  9. Jurat or Acknowledgment by Notary Public

    • At the end of the affidavit, there should be a section where a notary public signs and places the official seal.
    • Make sure the notarial certificate (jurat) meets the requirements under the 2004 Rules on Notarial Practice.

V. Drafting Guidelines and Best Practices

  1. Use Clear and Concise Language

    • Avoid overly technical or ambiguous words. State facts in a straightforward, chronological order.

  2. Verify the Correct Spelling of Names and Dates

    • Double-check all spellings and relevant dates to avoid creating additional discrepancies in the affidavit.

  3. Ensure Both Affiants Have Personal Knowledge

    • The affiants should be able to truthfully attest to the discrepancy and the identity of the person concerned.
    • Common affiants include parents, siblings, close relatives, or long-time family friends (disinterested persons) who can confirm the identity.

  4. Attach Supporting Documents

    • Whenever possible, attach copies of the documents showing the name discrepancy (e.g., birth certificate, school records).
    • Also include valid government IDs of the affiants for the notary’s reference.

  5. Follow Formal Notarial Requirements

    • Appear before a duly commissioned notary public.
    • Present valid identification documents.
    • Sign the affidavit in the notary’s presence.
    • Ensure the notary completes the jurat (the notarial block confirming the identity of the signatories and the administration of oath).

VI. Sample Format of a Joint Affidavit of Name Discrepancy

Below is a simplified template illustrating common language. Adapt this format as needed to suit your specific circumstances:

REPUBLIC OF THE PHILIPPINES )
__________________________   ) S.S.

                      JOINT AFFIDAVIT OF NAME DISCREPANCY

     WE, [Full Name of Affiant A], of legal age, Filipino, single/married, and residing at [Address], 
and [Full Name of Affiant B], of legal age, Filipino, single/married, and residing at [Address], 
both after having been duly sworn to in accordance with law, hereby depose and state:

1. That we have personal knowledge of the identity of [Name of Person with Discrepancy], 
   who is the same person referred to as [Incorrect Name] in his/her [Document Name, e.g., Birth Certificate No. ____ 
   issued by the Local Civil Registrar of ________] and as [Correct Name] in other records such as 
   [List other documents, e.g., school records, employment records, or IDs];

2. That the name [Incorrect Name] and [Correct Name] refer to one and the same individual, 
   and the difference in spelling/entry is due to [Explain the error or reason, if known];

3. That we attest to the truth of the fact that [Person’s Name] has consistently used [Correct Name] 
   as his/her legal name, and that the name [Incorrect Name] appearing in the document(s) mentioned above 
   is erroneous or misspelled;

4. That we are executing this Joint Affidavit to attest to the truth of the foregoing facts and 
   for the purpose of correcting and clarifying any confusion or discrepancy in the aforementioned name 
   as may be required by law or by any government or private entity;

5. That we hereby affirm under oath that the statements contained herein are true and correct to 
   the best of our personal knowledge and based on authentic records.

     IN WITNESS WHEREOF, we have hereunto set our hands this __ day of ______ 20__ at [City/Municipality], Philippines.


   ____________________________              ____________________________
   (Signature of Affiant A)                  (Signature of Affiant B)
   Affiant A                                 Affiant B

   SUBSCRIBED AND SWORN to before me this __ day of ______ 20__ at [City], Philippines. 
   Affiants exhibited to me their [Type of Government ID, ID Number, Date of Issue], as competent proof of identity.

                             Doc. No. _____
                             Page No. _____
                             Book No. _____
                             Series of 20____.
   ____________________________
   NOTARY PUBLIC

VII. Filing and Submission

  1. Where to File

    • Local Civil Registrar: If you are using the affidavit to support a petition for correction of entry in a birth or marriage certificate.
    • Government Agencies: If used to clarify identity for passport applications, SSS, GSIS, PRC, etc.
    • Courts: In more formal proceedings for corrections beyond the scope of R.A. 9048 (e.g., major changes such as changing surnames for reasons other than clerical errors).

  2. Supporting Documentation

    • Always attach photocopies of the relevant documents: birth certificate, IDs, marriage certificate, or other records indicating the discrepancy.
    • Include notarized translations if any documents are in a foreign language.

  3. Processing Time

    • Varies according to the government office or court. Administrative remedies (like R.A. 9048’s petition for correction) are usually faster than judicial petitions.
    • Expect to pay filing fees for some procedures (e.g., for civil registry corrections).

VIII. Common Pitfalls and How to Avoid Them

  1. Affiants Without Sufficient Personal Knowledge

    • Pitfall: Having affiants who have little or no actual knowledge of the name discrepancy can weaken the affidavit’s credibility.
    • Solution: Choose affiants who can speak convincingly and with full knowledge of the factual circumstances.

  2. Failure to Comply With Notarial Requirements

    • Pitfall: Missing or incomplete notary public details, no competent evidence of identity, or signing outside the presence of the notary.
    • Solution: Sign only in front of a duly commissioned notary public and bring proper IDs.

  3. Inconsistent Information

    • Pitfall: Mistakes in the affidavit, like mismatching dates, addresses, or referencing the wrong documents.
    • Solution: Proofread meticulously to ensure consistency in all details.

  4. Reliance on the Affidavit Alone

    • Pitfall: Thinking the affidavit by itself automatically corrects records.
    • Solution: Affidavits generally support your petition for correction. Additional steps (administrative or judicial) may be required to formally change or correct official records.

IX. Practical Reminders

  1. Seek Legal Advice for Complex Cases

    • If there is a major discrepancy or a complicated legal issue (e.g., paternity, adoption, major changes to the surname), consult a lawyer for the proper procedure, as an affidavit alone may not suffice.

  2. Keep Multiple Copies

    • Make at least three notarized copies: one for submission, one for your personal file, and one for backup.

  3. Update All Records Consistently

    • Once the correction is acknowledged, systematically update all relevant records (IDs, bank records, employment files) to ensure consistency moving forward.

  4. Monitor the Status of Your Application

    • Government offices often provide claim slips or reference numbers. Check periodically to ensure there are no additional requirements.

X. Conclusion

Drafting a Joint Affidavit for Name Discrepancy Corrections in the Philippines involves careful attention to detail and strict adherence to legal formalities. This affidavit is a critical supporting document in administrative or judicial processes aimed at clarifying an individual’s true identity and ensuring consistency across all official records. By following the guidelines, structure, and best practices outlined above—while keeping in mind relevant laws and local regulations—you can effectively address and resolve discrepancies in your personal documents.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns or unique circumstances, it is best to consult a qualified attorney or seek guidance from the relevant government office.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login