Dear Attorney,
I would like to ask for your legal advice regarding a concern with the marriage certificate and birth certificate of my daughter. There is a minor discrepancy between the information on these two documents. We were advised to execute an affidavit of discrepancy to address the issue. Can we simply attach this affidavit to the relevant documents without changing any data in the marriage or birth certificates themselves? Would this be sufficient for legal purposes, or do we need to pursue corrections with the appropriate government agencies?
I appreciate your insights on this matter.
Sincerely,
Concerned Parent
Insights:
In the Philippines, discrepancies in civil documents such as birth certificates and marriage certificates are not uncommon. The affidavit of discrepancy serves as a sworn statement explaining the inconsistency between official records. However, it is important to understand the legal scope and effect of this affidavit.
While the affidavit of discrepancy may clarify the difference between the documents and explain why it exists, it does not automatically amend or correct any information in the civil registry documents. The primary purpose of the affidavit is to provide an explanation in instances where the discrepancy may cause confusion or raise concerns, especially when these documents are required for legal or administrative purposes.
If the discrepancy is minor (e.g., a spelling error or typographical mistake), the affidavit can serve as temporary support when using these documents in various transactions. However, relying solely on an affidavit of discrepancy without formally correcting the data can lead to future complications, particularly in legal matters, immigration processes, or even inheritance concerns.
For formal and permanent corrections, you would need to file a petition with the local civil registry or request the relevant government agency to correct the error in accordance with the procedures set by Republic Act No. 9048 (Administrative Correction of Clerical or Typographical Errors in Civil Registry Documents) or Republic Act No. 10172 (Correction of Entries in Civil Registry Documents concerning the Date of Birth or Sex). These laws allow for administrative corrections without a court order, but only for specific errors.
In conclusion, while you may use the affidavit of discrepancy temporarily, it is advisable to correct the records through the proper channels. This approach ensures that there are no future legal or administrative issues regarding the conflicting information.