Query: Can an affidavit of cohabitation be obtained from a barangay in the Philippines?

In the Philippines, affidavits serve as a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person legally authorized to do so, such as a notary public. An affidavit of cohabitation is typically used by couples to legally attest to their status of living together as if married for a certain period, often for the purpose of legitimizing a child born out of wedlock or for claims related to the property or other legal considerations.

Barangay's Role in Legal Documentation:

Issuance of Certificates and Clearances: Barangays primarily issue barangay certificates and clearances that confirm residency, indigency, or other matters within their local jurisdiction.
Barangay Certification vs. Affidavit: A barangay may issue a certificate stating that a couple has been living together based on the records or personal knowledge of the barangay officials. However, an affidavit of cohabitation usually requires notarization, which is beyond the barangay's capacity as it needs a notary public.

Legal Considerations:

Notarization Requirement: Affidavits must be notarized to carry legal weight in court or in other official matters. Therefore, while a barangay may assist in preparing the statement or certifying the cohabitation from a community standpoint, it cannot notarize the document.
Legal Advice: It is advisable for couples seeking an affidavit of cohabitation to consult a legal professional or visit a notary public. This ensures that all legal standards are met and that the document will be valid for official use.

Process of Obtaining an Affidavit:

Drafting the Affidavit: The affidavit should clearly state the facts pertaining to the cohabitation period, names of the parties involved, and other relevant details.
Notarization: After drafting, the affidavit needs to be signed by the affiant and notarized by a notary public.
Use of Affidavit: Once notarized, the affidavit can be used for the intended legal purposes, such as claiming benefits, adding a father's name to a birth certificate under certain conditions, or other legal family matters.

Conclusion: While a barangay can provide a certification of residence or other statements regarding a couple's cohabitation, an affidavit of cohabitation requires notarization to be legally binding. Individuals should ensure proper legal procedures are followed by seeking assistance from qualified legal professionals or notary services. This process ensures the affidavit's acceptance in legal transactions and court proceedings, thereby upholding the rights and claims based on the cohabitation status.