Dear Attorney,

Good day. I humbly write this letter to seek clarification regarding the preparation of (1) an Affidavit of Two Disinterested Persons and (2) an Affidavit of Discrepancy. Specifically, I would like to know whether the drafting of these affidavits is free of charge, and if not, what costs I might expect should I approach the Public Attorney’s Office (PAO) for assistance.

I appreciate your expert guidance on this matter. Thank you for your time.

Respectfully,
A Concerned Citizen

LEGAL ARTICLE ON PHILIPPINE LAW
(Written by the Best Lawyer in the Philippines, Meticulously Discussing All Aspects of the Concern)

Introduction
Affidavits play a central role in various legal and administrative processes in the Philippines. As sworn written statements, affidavits verify specific facts, attest to personal knowledge, or explain discrepancies in important documents. Two commonly encountered affidavits in everyday legal transactions are: (1) the Affidavit of Two Disinterested Persons, and (2) the Affidavit of Discrepancy. Both instruments often serve as valuable documentary proof in correcting records or substantiating essential facts, especially when government offices, agencies, or courts require convincing testimony backed by oath.

This article aims to provide a meticulous and comprehensive guide to these two types of affidavits, with particular emphasis on the key legal considerations, procedural requirements, fees, and implications. This overview is meant to benefit private individuals, paralegals, or anyone who may one day require these affidavits for official use or verification of identity.

Definition and Concept of Affidavits
An affidavit is a written statement confirmed by oath or affirmation, used as evidence in legal proceedings or for compliance with administrative or regulatory requirements. In Philippine jurisprudence, an affidavit is considered a vital piece of documentary evidence and is accorded considerable weight, provided it is executed freely, voluntarily, and with full knowledge of its contents.
- Oath or Affirmation. Under Rule 7, Section 4 of the Rules of Court, an affidavit is only valid if it is subscribed and sworn to before a person authorized to administer oaths, such as a notary public.
- Language and Format. In practice, affidavits in the Philippines are usually executed in English or Filipino, though any language understood by the affiant is acceptable, as long as the person administering the oath can confirm the truth of the statements.
Affidavit of Two Disinterested Persons
The Affidavit of Two Disinterested Persons is a specific type of affidavit used when a fact or event needs corroboration by individuals who do not stand to gain or lose anything from the outcome of a particular legal or administrative proceeding. This type of affidavit is especially common in rectification or correction of civil registry records (e.g., birth certificates, marriage certificates) where the requesting party may need independent verification from individuals who have no direct personal or financial interest in the matter.

3.1. Purpose

Corroboration of Facts. When official records lack clarity or there is a missing detail, the sworn statements of two impartial witnesses bolster credibility and authenticity.
Civil Registry Corrections. Individuals wishing to correct typographical errors or mistakes in civil registry records often rely on the Affidavit of Two Disinterested Persons to show a consistent history of how the records should properly read.
Administrative Support. Government agencies often require disinterested witnesses who attest to information about a person’s identity, age, or personal history.

3.2. Essential Elements

Identity of the Witnesses. The affiants (the two disinterested persons) must provide their full names, addresses, and other personal details to establish credibility.
Statement of Disinterest. Each witness must explicitly state that they do not have any direct stake in the matter, whether financial or otherwise.
Facts Attested. The affidavit must carefully detail the factual circumstances to be proved—whether it be an event, a birth date, a name, or any other detail relevant to the purpose.
Format and Execution. Like all affidavits, the document should be duly notarized or subscribed before a person authorized to administer oaths.

Affidavit of Discrepancy
An Affidavit of Discrepancy is utilized to explain inconsistencies found in one’s documentation. These discrepancies could arise from spelling errors, typographical mistakes, differences in naming conventions, or misentry in dates and addresses, particularly in official records like birth certificates, school records, employment documents, or other government IDs.

4.1. Purpose

Rectifying Documentary Inconsistencies. Government agencies or private institutions often need a clear explanation for any mismatch in official records.
Avoiding Confusion or Fraud. By clarifying the discrepancy under oath, the affiant prevents misunderstandings that might otherwise affect legal, financial, or administrative transactions.
Maintaining Documentation Integrity. Entities like the Philippine Statistics Authority (PSA) may require this affidavit to reconcile differences in a person’s civil registry documents.

4.2. Common Scenarios

Name Spelling Issues. Slight variations in first or last names, middle name omissions, or shortened forms of names might raise flags in official processes.
Date of Birth Inconsistencies. Discrepancies involving birth dates sometimes occur due to typographical mistakes in older documents.
Discrepancies in Civil Status. Errors reflecting one’s marital status may require explanation, especially when applying for licenses or financial products.

4.3. Essential Elements

Personal Details. The affiant must be identified properly (complete name, address, etc.).
Nature of the Discrepancy. The affidavit must precisely detail the incorrect entry in the document(s) versus what the correct information should be.
Reason for the Discrepancy. An explanation of how or why the discrepancy occurred is critical.
Acknowledgment and Oath. The affidavit must contain a jurat or acknowledgment before a notary.

The Public Attorney’s Office (PAO)
Under Republic Act No. 9406, the Public Attorney’s Office was established to provide free legal services to indigent persons, including representation in court, legal counseling, and assistance with the drafting of affidavits. PAO lawyers are stationed in various courts and government offices nationwide to help Filipinos who cannot afford private legal assistance.

5.1. Eligibility Criteria

Income Threshold. PAO primarily assists those whose net income does not exceed the threshold set by the agency’s guidelines. The exact threshold may vary over time, so applicants must check with their local PAO office to confirm.
Priority to Indigent Persons. The main mandate of PAO is to help those who lack the financial resources to avail themselves of private legal counsel.

5.2. Scope of Services

Drafting of Legal Documents. PAO lawyers can prepare affidavits and other pleadings.
Free Legal Representation. Where meritorious, a PAO lawyer may appear in court or administrative agencies on behalf of the indigent client.
Advisory Services. PAO lawyers provide legal advice on matters like corrections of records, disputes, or notarization requirements.

5.3. Fees and Costs

Legal Services. For indigent persons who qualify under PAO’s income-based guidelines, the drafting of affidavits and legal representation are free.
Notarial Fees. Typically, notarization fees are waived or significantly reduced for indigent persons, but the policy can differ across local offices.
Court Filing Fees. Even if legal services from PAO are free, court or administrative filing fees might still apply, depending on the nature of the document or proceeding.

Cost Implications for Non-Indigent Individuals
While PAO remains a crucial source of free legal services, not everyone may qualify as an indigent under PAO guidelines. Those who do not meet the PAO income threshold could consider the following options:
1. Private Law Firms or Independent Lawyers. They typically charge professional fees for document preparation. Notarial fees vary, ranging from several hundred pesos to a few thousand, depending on the complexity of the document, the lawyer’s location, and the law firm’s standard rates.
2. Community Legal Service Centers or NGOs. Some non-profit legal groups offer low-cost or pro bono services for special cases.
3. Law School Clinics. Certain law schools in the Philippines operate legal clinics supervised by licensed attorneys. These clinics might offer free or reduced-cost legal help for drafting affidavits.
Process of Drafting and Notarizing the Affidavits
A vital step in executing an Affidavit of Two Disinterested Persons or an Affidavit of Discrepancy is ensuring that the statements adhere to the legal format and are appropriately notarized:

7.1. Gathering of Relevant Documents

Birth certificate, marriage certificate, or other documents to be corrected or verified.
Valid government-issued IDs of the affiant(s).
Additional supporting documents, such as medical records, school credentials, or tax information, if relevant to the discrepancy or fact in question.

7.2. Drafting the Affidavit

Introduction. Clearly identify the affiant(s) or disinterested persons and establish their personal details.
Statement of Facts. Provide a thorough narrative of the facts to be established or the discrepancy to be explained.
Legal Basis. Often an affidavit will include a statement referencing the relevant rules or laws on correction of records or sworn attestations.
Prayer for Relief or Purpose. Conclude by stating what relief is sought—whether it is to correct a record, justify a change, or simply clarify an inaccuracy.

7.3. Review by an Attorney

Legal Sufficiency. An attorney checks if the affidavit meets all requirements under Philippine law.
Relevance and Clarity. The language must be understandable to government officials or courts that review the affidavit.
Ensuring No Perjury. Affiants must confirm the truthfulness of their statements. Providing false information under oath is punishable under the Revised Penal Code.

7.4. Notarization

Personal Appearance. The affiant(s) must personally appear before the notary public or any officer authorized to administer oaths.
ID Presentation. Affiants must present a valid ID to confirm their identity.
Signing and Oath. The notary or administering officer witnesses the signing of the affidavit and administers the oath, then affixes their notarial seal.

Application of Affidavit of Two Disinterested Persons in Philippine Practice
This affidavit is widely used in the following contexts:
- Late Registration of Birth. City or municipal civil registrars may require the testimony of two disinterested persons to establish the fact of a person’s birth in the absence of a standard birth certificate.
- Correction of Names. For minor errors that can be corrected administratively (e.g., a misspelled first name), disinterested persons can attest to the correct usage.
- Authentication of Ceremonies or Events. For lost or destroyed certificates of marriage or baptism, two disinterested persons may testify to the occurrence of the event and the identity of those involved.
Application of Affidavit of Discrepancy in Philippine Practice
Individuals commonly use this affidavit for the following:
- Passport and Visa Applications. Certain foreign embassies or the Department of Foreign Affairs may require an Affidavit of Discrepancy for mismatches between birth certificates and other identification documents.
- Loan or Insurance Applications. Financial institutions request clarifications when submitted documents contain inconsistent personal data.
- Employment and Professional Licensure. The Professional Regulation Commission or prospective employers may require an explanation for any discrepancy in the applicant’s identity or credentials.
Common Pitfalls and How to Avoid Them
While affidavits may appear straightforward, errors in preparation or notarization can render them invalid or raise suspicions about their authenticity. Here are some potential pitfalls to watch out for:
Omissions. Failing to include vital data, such as complete names, addresses, or the exact statement of the discrepancy, might lead to rejection.
Lack of Specificity. General or vague language weakens the evidentiary value of the affidavit.
Failure to Appear Before Notary. Allowing someone else to present the affidavit for notarization in the absence of the affiant(s) is illegal and invalidates the affidavit.
Misrepresentation. Being untruthful under oath not only voids the affidavit but can also result in potential criminal liability for perjury.
Validity and Legal Effects
Under Philippine law, an affidavit remains valid unless contested in a formal proceeding, or if proven to contain false statements. Courts consider affidavits as supporting evidence; however, if material issues are questioned, direct testimony or cross-examination in court may be required. It is essential to always present factual and honest statements in an affidavit, as falsehoods can expose an individual to criminal prosecution under Articles 183 and 184 of the Revised Penal Code (perjury and false testimony).
Cost Considerations in Availing Legal Assistance
Since the concern specifically revolves around whether drafting affidavits is free of charge at the PAO, consider these critical points:
PAO’s Mandate. Pursuant to R.A. 9406, PAO attorneys provide free legal assistance to those who meet their indigency test. When a person’s means exceed the threshold, the PAO may not be able to draft the affidavits without charging applicable fees.
Notarial Services. While PAO may not always collect notarial fees from qualified indigent clients, an ordinary notary public might charge a standard fee ranging from Php 100 to Php 500 per document, or more.
Travel and Miscellaneous Expenses. Even if the legal service itself is free, there could be incidental costs, such as travel to and from the PAO office, photocopying of documents, and the like.
Step-by-Step Guide to Availing PAO Services
Check Eligibility. Inquire with the PAO office about the income ceiling for indigent status. Prepare documentation such as proof of income, certificate of indigency from the barangay, or any other relevant supporting documents.
Secure an Interview. PAO lawyers or paralegals typically conduct an initial interview to determine if your case is meritorious and whether you truly qualify for free services.
Submission of Documents. Provide the original or certified true copies of the records that require correction, along with valid identification documents.
Execution of the Affidavit. Once the PAO lawyer drafts your affidavit, read it thoroughly to ensure accuracy, then sign it in the presence of the lawyer or an authorized officer.
Notarization. If you meet the criteria for free notarization, your document will be notarized free of charge, or at a reduced cost, depending on PAO’s policies.
Practical Tips

Verify Requirements First. Before seeking an affidavit, clarify with the agency or institution what type of affidavit is needed. Some offices prefer standardized templates.
Be Thorough with Facts. Gather all pertinent information and documents to avoid multiple revisions or re-notarizations.
Maintain Honesty. Never fabricate statements or facts—affidavits are sworn under oath, and false statements could lead to serious legal ramifications.
Retain Copies. Keep photocopies or digital scans of all affidavits for your records. This ensures that you have evidence of previously executed affidavits should the need arise in future transactions.

Legislative Backdrop and Relevant Statutes

Republic Act No. 9406 (An Act Reorganizing the Public Attorney’s Office). This law ensures that indigent litigants receive free legal services from qualified public attorneys.
Civil Registry Laws. Various rules under the Civil Code and administrative issuances from the PSA govern the correction of errors in civil registry documents.
Rules of Court. The rules regarding the form and substance of affidavits can be found in the 1997 Rules of Civil Procedure, as amended.
Revised Penal Code. Affidavits containing false statements may lead to prosecution under the provisions penalizing perjury and false testimony.

Significance of Accuracy and Timeliness
In a nation where official records often carry the presumption of regularity, an Affidavit of Two Disinterested Persons or an Affidavit of Discrepancy can be the key to clearing bureaucratic hurdles. Accuracy is paramount because government agencies rely on these affidavits to confirm or correct vital details. Likewise, timeliness matters: if you discover an error or discrepancy in official records, addressing the issue early can prevent complications in passports, employment applications, and even eligibility for government benefits.
Conclusion
Understanding the intricacies of preparing and filing an Affidavit of Two Disinterested Persons and an Affidavit of Discrepancy empowers Filipino citizens to safeguard their rights, correct their official documents, and expedite bureaucratic processes. The Public Attorney’s Office, mandated by law to serve indigent litigants, remains a crucial ally for individuals who cannot afford private legal services.

For those who do not qualify for free PAO assistance, legal aid may still be accessible through low-cost notarial services, legal clinics, or non-governmental organizations. Ultimately, being proactive and well-informed about the legal requirements, fees, and processes ensures a smoother path to rectifying and clarifying any significant record discrepancies.

By carefully adhering to the required format, maintaining honesty in every statement, and applying for assistance through the correct channels—whether it be the PAO or a private attorney—you can properly secure an affidavit that stands on solid legal ground. This meticulous approach not only satisfies the prerequisites set by governmental and private institutions but also upholds the integrity of sworn statements as indispensable tools in Philippine legal practice.

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