Below is a comprehensive discussion of the notarization requirements for affidavits in the Philippines. This overview is based primarily on Philippine laws and the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which remain the central guidance on notarial acts in the country. Please note that this is for general informational purposes only and does not constitute legal advice. For any specific concerns, it is recommended to consult a qualified attorney.

1. Overview of Affidavits in the Philippines

An affidavit is a sworn statement in writing, made under oath or affirmation, and witnessed (or “attested to”) before a notary public or another person authorized to administer oaths. It is widely used in various legal and administrative transactions, such as filing formal complaints, proving facts in court, or submitting documentation to government offices.

Common types of affidavits in the Philippines include:

Affidavit of Loss: Used to declare the loss of a document or property (e.g., driver’s license, passport).
Affidavit of Support: Used to signify willingness and capability to financially support another person.
Joint Affidavit of Two Disinterested Persons: Often required in cases of late registration of birth, correction of details on official documents, etc.
Affidavit of Desistance: Used by a complainant to express intention to discontinue a complaint or legal charge.
Affidavit of Undertaking: An assertion that the affiant will fulfill certain obligations or conditions.

Regardless of the type, an affidavit must be notarized to become a “public document” and achieve full legal effect.

2. Legal Basis for Notarization in the Philippines

2.1 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)

The 2004 Rules on Notarial Practice outline:

Qualifications and responsibilities of notaries public.
Requirements for notarial acts (including affidavits, acknowledgments, and jurats).
Procedures for verifying the identity of signatories.
Format and content of the notarial certificate or jurat.
Maintenance of a Notarial Register and submission of reports.

2.2 Relevant Statutes and Court Issuances

Civil Code of the Philippines (where relevant, e.g., notarized documents recognized as public documents).
Revised Penal Code (for penalties related to perjury or falsification of documents).
Rules of Court (particularly the rules on evidence, which address the probative value of notarized documents).

3. Who Can Notarize in the Philippines

Only a duly commissioned notary public may validly notarize documents. Under the 2004 Rules on Notarial Practice, to become a notary public in the Philippines, an individual must:

Be a lawyer in good standing (a member of the Philippine Bar who is not suspended or disbarred).
Possess a certificate of admission to the Philippine Bar.
Obtain a commission as notary public from the Executive Judge in the jurisdiction where the lawyer intends to perform notarial acts.
Maintain a place of business within the territorial jurisdiction for which the commission is issued.

4. Types of Notarial Acts for Affidavits

Affidavits are generally notarized through a jurat. The jurat is the part of the document reciting that:

The affiant personally appeared before the notary public.
The affiant was identified by the notary public through competent evidence of identity.
The affiant took an oath or affirmation before the notary public, affirming the veracity of the contents of the affidavit.
The affiant signed the document in the presence of the notary public.

Important Note: An affidavit is not typically notarized by “acknowledgment,” because affidavits require an oath of truthfulness, whereas an acknowledgment is primarily a confirmation that the person who executed the document is the same person who appeared before the notary.

5. Core Requirements for the Valid Notarization of Affidavits

5.1 Personal Appearance

Under the 2004 Rules on Notarial Practice, the physical presence of the affiant is mandatory. The affiant must sign the affidavit in the notary’s presence, and the notary must personally witness and verify the signing.

5.2 Competent Evidence of Identity

The notary public must verify the affiant’s identity using competent evidence of identity, which typically includes:

A Philippine passport
A driver’s license
A Professional Regulation Commission ID
Other government-issued IDs with the affiant’s photo and signature (e.g., Unified Multi-Purpose ID, Postal ID, Voter’s ID, etc.)

If the affiant does not have a valid government-issued ID, the notary may rely on the credible witness rule, wherein a credible witness, personally known to the notary, can vouch for the affiant’s identity, subject to the requirements of the Rules on Notarial Practice.

5.3 Oath or Affirmation

The affiant must solemnly swear or affirm before the notary public that the statements in the affidavit are true to the best of their knowledge. This is a critical step that distinguishes an affidavit from other documents.

5.4 Proper Document Format

Although there is no universally mandated standard form for all affidavits, the following elements are typically present:

Title/Caption: Describes the nature or subject of the affidavit.
Introductory Statement: Identifies the affiant, including name, address, and personal details.
Statement of Facts: Lays out the facts the affiant swears to be true, usually in numbered paragraphs.
Affiant’s Signature: The affiant must sign at the bottom of the statement or each page, as required.
Jurat: The notary public’s certification, which includes the notary’s commission details, the date, and place of notarization, as well as the official notarial seal.

5.5 Notarial Register Entry

Notaries public are required to keep a Notarial Register. Each notarization of an affidavit must be logged with:

Entry number
Date and time of notarization
Type of document notarized (i.e., an affidavit)
Name, address, and competent evidence of identity of the affiant
Signatures of the affiant and the notary public
Other pertinent details required by the 2004 Rules on Notarial Practice

5.6 Affixing the Notarial Seal and Signature

After administering the oath and verifying that all requirements have been met, the notary public:

Signs the jurat.
Affixes the official notarial seal to the affidavit.
Imprints or attaches the notarial stamp that includes the notary’s name, commission number, and the expiry date of the commission.

6. Effects and Importance of Notarization

Once an affidavit is validly notarized, it becomes a public document—which carries a presumption of regularity. This presumption shifts the burden of proof to anyone who challenges its authenticity or due execution.
A properly notarized affidavit is often a prerequisite for submission to courts, government agencies, or private institutions for it to be accepted as valid evidence or part of an official record.
Perjury risks: Because an affidavit is made under oath, providing false statements in an affidavit can lead to perjury charges under the Revised Penal Code.

7. Fees and Costs

The Supreme Court (through the Office of the Court Administrator) generally issues guidelines or circulars on the recommended fees for notarial services; however, these fees may vary based on the location, the complexity of the document, or additional services (like copying, travel, etc.). Always check local guidelines or the notary’s posted schedule of fees.

8. Common Mistakes and Potential Pitfalls

Failure to Appear Personally: An affidavit notarized without the personal appearance of the affiant is considered void and can subject the notary to administrative sanctions.
Invalid Identification: If the ID does not meet the standard of “competent evidence of identity,” the notary must refuse the notarization.
Incomplete Jurat: The notarial certificate must accurately reflect the date and place of execution, the identity of the affiant, and that the affiant was placed under oath.
Failure to Keep a Notarial Register: Notaries who fail to keep or properly maintain their register violate the 2004 Rules on Notarial Practice and may face suspension or revocation of their notarial commission.
Use of Expired Commission: Notarial acts performed by a lawyer whose notarial commission has expired or has been revoked are invalid.

9. Consequences of Improper or Invalid Notarization

The document in question (the affidavit) may be null and void for evidentiary purposes.
The affiant could be exposed to legal liabilities for using or submitting a flawed notarized document.
The notary public could face administrative, civil, or criminal penalties for notarizing documents without following proper procedures (e.g., suspension, revocation of commission, fines, and potentially disbarment for grave infractions).

10. Practical Tips

Prepare the Affidavit in Advance: Have a draft ready and review all statements for accuracy.
Check Your Valid ID: Bring a government-issued ID with a photo, signature, and preferably a clear name and address.
Ask About Fees Upfront: Prevent misunderstandings by clarifying notarial fees before the service.
Sign Only in Front of the Notary: Refrain from pre-signing; the notary must witness the signature.
Review the Notarial Certificate: Ensure that your name, date, and other details are correct on the jurat before leaving the notary’s office.

11. Conclusion

Notarization serves a critical function in Philippine legal practice by elevating a simple written statement into a public document with a presumption of authenticity. This process is strictly regulated under the 2004 Rules on Notarial Practice to guard against fraud and ensure the integrity of sworn statements.

Affiants should remember that personal appearance, competent identification, and the oath or affirmation are non-negotiable steps, and any departure from these procedures can invalidate the affidavit. Lawyers who serve as notaries public similarly bear responsibilities to comply with the Rules and maintain a meticulous Notarial Register.

For any specific issues on affidavit preparation or the notarial process, it is always advisable to seek professional legal counsel to ensure compliance with current laws and regulations.