Notarized Affidavit of Declaration of Absences for Scholarship

Notarized Affidavit of Declaration of Absences for Scholarship: A Comprehensive Overview (Philippine Context)

In the Philippines, various scholarship programs require applicants or existing scholars to submit an affidavit that testifies to specific factual statements—one of which can be a Declaration of Absences or a similar statement of compliance. An Affidavit of Declaration of Absences for Scholarship is a legally binding document in which the affiant (the person making the affidavit) swears to certain facts regarding their attendance or absences (often in relation to specific dates, circumstances, or academic requirements). Below is an extensive discussion of the nature, legal basis, typical content, and execution of a notarized affidavit of this kind, all in the context of Philippine law.

1. Definition and Purpose

  1. Definition

    • An Affidavit of Declaration of Absences is a sworn statement in which an individual (student or scholar) attests to the reasons, frequency, or duration of their absences for particular academic terms or periods.
    • The notarization process elevates it to a public document, giving it greater evidentiary weight and reliability under Philippine law.

  2. Purpose

    • Compliance with Scholarship Requirements: Many scholarship programs, whether government-funded (e.g., CHED, DOST) or privately sponsored, require proof or declaration of attendance, good standing, and explanation for any notable absences.
    • Academic Integrity and Accountability: By requiring scholars to present an affidavit for absences, sponsors can monitor an applicant’s academic engagement and ensure continued eligibility.
    • Legal Certainty: A notarized affidavit provides a layer of legal certainty: false statements in a notarized document can subject the affiant to potential legal liability for perjury.

2. Legal Basis for Affidavits in the Philippines

  1. Philippine Rules on Notarial Practice (A.M. No. 02-8-13-SC)

    • The 2004 Rules on Notarial Practice, as amended, outline the requirements and process for a valid notarization in the Philippines. These rules apply to all affidavits that must be notarized, including affidavits for scholarship purposes.

  2. Civil Code of the Philippines

    • The general requirements for affidavits are supported by provisions on Contracts and Obligations, ensuring the authenticity and enforceability of sworn statements.

  3. Revised Penal Code (RPC) – Perjury Provisions

    • Submitting false statements in a notarized affidavit can be considered perjury (Article 183 of the RPC). The threat of perjury promotes honesty in sworn affidavits.

  4. Other Applicable Laws and Regulations

    • Certain government bodies, such as the Commission on Higher Education (CHED) or the Department of Science and Technology (DOST), may have specific regulations or guidelines on affidavit submissions as a requirement for scholarship beneficiaries.

3. Typical Contents of a Notarized Affidavit of Declaration of Absences

While the exact wording may vary depending on the scholarship’s specific requirements, a standardized affidavit commonly includes:

  1. Title/Heading

    • Clearly label the document as “Affidavit of Declaration of Absences for Scholarship.”

  2. Personal Information of the Affiant

    • Full legal name, date of birth, nationality, address, and other pertinent information to identify the affiant.

  3. Scholarship Information

    • Name of the scholarship program, scholarship number or reference (if any), and any relevant identifying details for the sponsor or grantor.

  4. Statement of Purpose

    • A concise statement that the affiant is executing the affidavit to comply with the scholarship’s requirements to disclose or justify absences.

  5. Declaration of Absences

    • A specific enumeration of relevant absences (dates, duration, courses or class sessions missed).
    • A brief explanation or reason for each absence (medical reasons, family emergencies, official school events, etc.).
    • If no absences occurred during a period, the affiant may need to declare that they had no absences within that timeframe.

  6. Affirmation of Truthfulness

    • A statement confirming that all details are true and correct, under the penalties of perjury.

  7. Signature and Date

    • The affiant signs and dates the affidavit in the presence of a notary public.

  8. Jurats / Attestation Clause

    • The notary public completes a certification (known as a “jurat”) that the affiant personally appeared, was identified, and swore under oath to the contents of the affidavit.

4. Process of Execution and Notarization

  1. Drafting the Affidavit

    • Some scholarship offices provide a standard template. Otherwise, the affiant (or legal counsel, if necessary) can draft the affidavit with all required statements.

  2. Gathering Supporting Documents

    • If the absences are due to specific reasons, it can help to attach relevant proof (medical certificates, hospital records, travel documents, or official notices) to support each claim.

  3. Oath-Taking Before a Notary Public

    • The affiant must personally appear before the notary public.
    • The affiant must present a valid government-issued ID (driver’s license, passport, UMID, etc.) to confirm identity.
    • The notary public ensures the affiant understands the contents and is signing freely and voluntarily.

  4. Payment of Notarial Fees

    • Notarial fees vary depending on location. The average cost might range from PHP 100 to PHP 500 or more, depending on the complexity and the notary’s standard rates.

  5. Notary Register and Seal

    • Once signed and sworn to, the notary public enters the affidavit into the official notary register, affixes the notarial seal, and provides the affiant with the original notarized document.

5. Common Situations Requiring a Declaration of Absences

  1. Regular Monitoring by Scholarship Grantors

    • Sponsors often require monthly or quarterly affidavits if a scholar has more than the allowable limit of absences.

  2. Scholarship Renewal or Continuation

    • When applying for a scholarship renewal, any previous absences may need to be accounted for through a notarized affidavit.

  3. Extraordinary Leaves of Absence

    • In cases of extended medical leave, personal/family emergencies, or authorized academic leave, the scholarship provider may require a formal sworn declaration explaining these long absences.

  4. Compliance with Conditions

    • Some scholarships require students to maintain a minimum number of school days attended. Failure to meet attendance requirements may lead to termination of the grant unless justified through a valid affidavit.

6. Legal Implications and Warnings

  1. Perjury Concerns

    • Falsifying any detail within a Notarized Affidavit of Declaration of Absences can expose the affiant to criminal liability for perjury under Article 183 of the Revised Penal Code.

  2. Academic Sanctions

    • Providing false information to a scholarship-granting institution can result in disqualification from the scholarship, restitution of funds received, or future ineligibility for other grants.

  3. Notary Public Limitations

    • A notary public’s role is to verify identity, administer oaths, and ensure the voluntary nature of the affidavit’s execution.
    • Notarization does not guarantee truthfulness, only that the affiant swore to the statements. The affiant bears responsibility for the content.

  4. Preservation of Records

    • Scholarship offices and the affiant typically keep copies of the notarized affidavit. It may be used for verification or investigations if discrepancies arise later.

7. Practical Tips and Recommendations

  1. Check Scholarship Guidelines

    • Always verify if the scholarship office has a recommended or mandated format for affidavits.
    • If the scholarship sponsor requires specific attachments (medical certificates, official memos), prepare them before visiting the notary.

  2. Be Precise and Concise

    • List your absences by date and provide clear, factual reasons. Avoid unnecessary statements.

  3. Attach Supporting Evidence

    • Supplement your affidavit with relevant proof where possible. This strengthens credibility and reduces the chance of denial or additional follow-ups.

  4. Seek Legal Assistance if Needed

    • If your case is complex (e.g., prolonged absences due to multiple factors), you may want to consult an attorney to ensure your affidavit is properly worded and meets all legal requirements.

  5. Retain Copies of All Documents

    • Keep both physical and digital copies of the notarized affidavit and related attachments for future reference.

8. Conclusion

A Notarized Affidavit of Declaration of Absences for Scholarship is a critical document in the Philippine academic and legal landscape, especially for those seeking to secure or maintain scholarship grants. It operates at the intersection of honesty, academic accountability, and legal formality. By submitting a sworn statement regarding school absences, scholars affirm that they meet specific program requirements and uphold the trust placed in them by funding institutions.

Ultimately, the importance of this affidavit lies in its truthful, accurate, and complete disclosure of absences. When prepared and executed correctly, it helps scholars comply with scholarship conditions, fosters transparency with grantors, and upholds the scholar’s credibility in the eyes of academic and legal authorities. As with all legal documents, careful drafting, notarization, and an understanding of the potential legal implications are paramount.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For questions specific to your circumstances, consult a qualified attorney or contact the scholarship office in question.

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

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