[Letter to an Attorney]

Dear Attorney,

Good day! I am seeking legal advice on a specific matter related to an Affidavit of Cohabitation. I would like to know if such a document has an expiry date. Additionally, I am interested in understanding its validity and legal relevance over time, particularly in the Philippines.

I would greatly appreciate your guidance on this matter, including any related laws or jurisprudence that may apply. Thank you in advance for your assistance.

Respectfully,
A Concerned Individual

[Legal Article on Affidavit of Cohabitation in Philippine Law]

An Affidavit of Cohabitation is a sworn statement executed by two individuals affirming that they have been living together as husband and wife for a specified period, typically without the benefit of a formal marriage. This document is often used for various legal purposes, including the registration of marriage under exceptional circumstances, the settlement of property rights, or other matters requiring proof of a marital or quasi-marital relationship.

Legal Basis of an Affidavit of Cohabitation

In the Philippines, the concept of cohabitation arises from several laws and doctrines:

Article 34 of the Family Code of the Philippines:
This article provides an exemption from the requirement of a marriage license for couples who have been living together as husband and wife for at least five years and have no legal impediment to marry. To avail of this exemption, the parties are often required to execute an Affidavit of Cohabitation affirming the existence of these facts.
Sworn Affidavits as Evidence:
Under the Rules of Court, affidavits are admissible as evidence in judicial or quasi-judicial proceedings, provided they are properly executed and notarized. The evidentiary value of an affidavit, however, depends on its contents and the credibility of the affiant.
Notarial Law (RA 9497):
Affidavits of Cohabitation, like all notarized documents, must comply with the requirements of notarial law to ensure authenticity. Improper notarization can render the document void or inadmissible in legal proceedings.

Does an Affidavit of Cohabitation Expire?

No Specific Expiry Date by Law

There is no explicit provision in Philippine law stating that an Affidavit of Cohabitation has a definitive expiry date. The validity of the affidavit is determined by its purpose and the continuing truthfulness of the facts it attests to.

Validity as a Statement of Facts:
An affidavit's validity as a sworn statement lasts as long as the facts it contains remain true. For instance, if the affidavit asserts that the affiants have been living together for five years, its relevance may continue indefinitely unless disproved or unless circumstances change (e.g., separation of the couple).
Use-Specific Validity:
The practical "expiry" of the affidavit depends on its intended use. For example:
- If the affidavit is used to apply for a marriage license exemption under Article 34, its relevance ends once the marriage is solemnized.
- If the affidavit is presented in a legal dispute (e.g., property settlement), its validity is subject to scrutiny during that particular proceeding.

Factors Affecting the Relevance of an Affidavit of Cohabitation

Changes in Circumstances:
- If the relationship status of the parties changes (e.g., separation or reconciliation), the affidavit may no longer reflect the current reality. This could render the affidavit irrelevant for future purposes.
Notarization Requirements:
- Affidavits must be properly notarized to be valid. An improperly notarized affidavit may lose its legal effect regardless of the truth of its contents.
Court Scrutiny:
- Affidavits are subject to court scrutiny and cross-examination. If the affidavit is contested in court, its probative value depends on the evidence and testimony supporting its contents.

Practical Considerations and Best Practices

Renewal or Reaffirmation

While there is no legal requirement to renew an Affidavit of Cohabitation, parties may choose to execute a new affidavit if:

The document will be used for a different legal purpose.
Significant time has passed since the execution of the original affidavit, and a new affidavit better reflects the current situation.

Retention and Recordkeeping

It is advisable to keep a copy of the Affidavit of Cohabitation for personal records. Courts and government offices may require the original or certified true copies of such documents, especially in proceedings where cohabitation is a key issue.

Consultation with a Lawyer

Individuals should consult with a lawyer before executing or using an Affidavit of Cohabitation. Legal professionals can ensure the document complies with notarial and evidentiary requirements and advise on its proper use.

Conclusion

An Affidavit of Cohabitation does not have a legally mandated expiry date under Philippine law. Its relevance and validity depend on its intended use, the accuracy of the facts it contains, and the continued truthfulness of those facts over time.

When using an Affidavit of Cohabitation for legal purposes, it is essential to ensure the document is properly executed, notarized, and supported by evidence when necessary. For tailored advice and assistance, individuals should seek legal counsel to navigate the specific requirements of their case.