Letter to a Lawyer

Dear Attorney,

I hope this message finds you well. I am writing to request your assistance regarding an affidavit of discrepancy. It has come to my attention that there are inconsistencies in some of my official documents, and I need to understand the process for securing an affidavit to address these discrepancies. Specifically, I would like to know what the affidavit should include, who is authorized to notarize such a document, and the legal requirements involved.

Additionally, I would appreciate any advice you can provide on how best to proceed and the possible implications of not addressing these discrepancies promptly. Thank you for your time and expertise.

Sincerely,
A Concerned Citizen

Comprehensive Guide on Obtaining an Affidavit of Discrepancy Under Philippine Law

An Affidavit of Discrepancy is a sworn statement executed by an individual to address inconsistencies or variances found in their personal records or official documents. These discrepancies can occur in various legal documents, such as birth certificates, marriage certificates, school records, or identification cards. In the Philippines, where government agencies adhere strictly to formal records, these types of issues can cause delays or denials in transactions. The affidavit serves as an essential tool for clarifying and resolving such conflicts.

I. Legal Basis and Importance of an Affidavit of Discrepancy

The issuance of an affidavit of discrepancy is not explicitly governed by a specific law in the Philippines but rather rooted in general legal principles of affidavits under Sections 1 and 2 of Rule 132 of the Rules of Court, which allows for written sworn statements to clarify factual matters. However, several administrative rules and regulations are in place, especially from government agencies such as the Philippine Statistics Authority (PSA), the Civil Registrar General, and the Department of Foreign Affairs (DFA), to name a few. These offices commonly deal with affidavits of discrepancy when discrepancies in their issued documents, like birth certificates or passports, arise.

In the Philippines, affidavits are used to rectify errors, typographical mistakes, or differences in personal information due to clerical errors, name changes, or incorrect entries, particularly in documents like:

Birth certificates (name, birthdate, gender)
Marriage contracts (name, marital status)
School records (spelling of the name, date of birth)
Employment records (incorrectly recorded personal details)
Government IDs (Social Security System (SSS), Tax Identification Number (TIN), or passport discrepancies)

Failure to address discrepancies promptly can lead to significant problems, including delays in processing government services, applications for employment, or even personal legal transactions such as buying property, opening a bank account, or renewing a passport.

II. Common Types of Discrepancies

Before preparing an affidavit of discrepancy, it is essential to identify the type of inconsistency that needs to be addressed. The most common types of discrepancies include:

Name Discrepancies: Spelling errors, missing middle names, or discrepancies between the given name or surname.
Date of Birth Discrepancies: Incorrect birth dates or month and year discrepancies between different documents.
Gender Discrepancies: An error in recording gender (e.g., an individual recorded as male instead of female or vice versa).
Civil Status Discrepancies: An incorrect recording of civil status (e.g., recorded as single instead of married).
Discrepancy in Place of Birth or Nationality: Incorrect place of birth or nationality reflected in official documents.

III. Requirements for an Affidavit of Discrepancy

To prepare an affidavit of discrepancy, the following are typically required:

Personal Details of the Affiant: The individual executing the affidavit must provide their full legal name, current address, and personal identification details.
Description of the Discrepancy: A clear and concise statement identifying the specific discrepancy, such as the incorrect spelling of a name or a wrong birth date. The affiant must also indicate the document containing the erroneous entry.
Correct Details: The affidavit should include the correct information, whether it is the proper spelling of a name, the accurate birthdate, or any other detail that needs rectification.
Explanation of the Discrepancy: The affiant must provide an explanation of why the discrepancy occurred (e.g., clerical error, typographical mistake, or simple oversight).
Supporting Documents: The affiant must provide certified true copies of documents supporting the correct information. For instance, in the case of a name discrepancy, birth certificates, school records, or other identification documents may be submitted to validate the correct name.
Notarization: The affidavit must be notarized by a duly commissioned notary public in the Philippines. Notarization serves as legal authentication of the sworn statement, ensuring that the affiant has declared the contents of the affidavit under oath and penalty of perjury.

IV. Steps in Securing an Affidavit of Discrepancy

1. Draft the Affidavit

The first step is to prepare a draft affidavit of discrepancy. While a lawyer's assistance is not mandatory, it is recommended to consult a legal professional to ensure that the affidavit is properly drafted, especially for more complex discrepancies or where multiple documents are involved. The document should include the following elements:

Title: Affidavit of Discrepancy
Personal Information: Full legal name, address, and identification number of the affiant.
Statement of Facts: A detailed statement describing the discrepancy, the documents affected, and the circumstances surrounding the discrepancy.
Sworn Statement: A declaration that the information provided is true and correct to the best of the affiant's knowledge and belief.

2. Gather Supporting Documents

Collect all the relevant documents necessary to prove the correct information. These could include:

Birth certificates
Identification cards (SSS, passport, etc.)
Marriage contracts
Government records Ensure that all supporting documents are valid, and where applicable, certified true copies should be used.

3. Notarization

The drafted affidavit must then be notarized by a notary public. The affiant must appear in person before the notary, provide identification, and swear under oath that the contents of the affidavit are true. The notary will then affix their signature and notarial seal, officially making the document a public instrument.

4. Submission to the Relevant Agency

Once notarized, the affidavit and its supporting documents should be submitted to the appropriate government agency or institution requiring it. For instance:

For birth certificate discrepancies, the affidavit should be submitted to the Philippine Statistics Authority (PSA).
For passport discrepancies, submit to the Department of Foreign Affairs (DFA).
For employment records, submit to the Human Resources or Administrative Department of your employer or the agency requiring the affidavit.

V. Agencies That Commonly Require an Affidavit of Discrepancy

Philippine Statistics Authority (PSA): PSA frequently encounters discrepancies in civil registry documents, particularly birth certificates. The PSA requires an affidavit of discrepancy when corrections involve typographical errors or mismatched information that does not require a judicial correction. For more complex errors, such as incorrect parentage or a completely wrong name, a judicial petition for correction may be necessary under Rule 108 of the Rules of Court.
Department of Foreign Affairs (DFA): In cases where discrepancies in personal details exist in passports or travel-related documents, the DFA may require an affidavit of discrepancy to rectify the issue.
Social Security System (SSS), Government Service Insurance System (GSIS), and Pag-IBIG Fund: These agencies may require an affidavit to address inconsistencies in the members' records, especially regarding names, civil status, or dates of birth. Without correction, these discrepancies may affect the release of benefits or cause delays in processing applications.
Commission on Elections (COMELEC): COMELEC may require an affidavit of discrepancy to address errors in voter registration records.

VI. Implications of Discrepancies in Legal Documents

Failing to rectify discrepancies in personal records can result in various legal and administrative complications. Some of the potential consequences include:

Delayed Government Services: Discrepancies may lead to the rejection of applications for government-issued identification, benefits, or services.
Employment Issues: Employers may hesitate to hire applicants with conflicting information in their records, or existing employees may encounter delays in claiming employment-related benefits.
Legal Complications: In certain instances, discrepancies in legal documents may affect an individual's ability to enter into contracts, initiate legal proceedings, or claim inheritance.

VII. Sample Affidavit of Discrepancy

Below is a simplified sample format of an affidavit of discrepancy:

AFFIDAVIT OF DISCREPANCY

I, [Full Name], of legal age, Filipino, single/married, and currently residing at [Full Address], after having been duly sworn in accordance with law, hereby depose and state:

1. That I am the same person referred to as [Incorrect Name] in the [Document], particularly under [Section, Page, etc.].
   
2. That the correct spelling of my name is [Correct Name], and the discrepancy in the spelling of my name was due to a typographical error/clerical mistake.
   
3. That to avoid future confusion, I am executing this affidavit to attest to the fact that [Incorrect Name] and [Correct Name] refer to one and the same person.
   
4. That attached hereto as supporting documents are copies of my [identification documents] reflecting the correct

 name.
   
IN WITNESS WHEREOF, I have hereunto set my hand this [Day] day of [Month, Year], in [Location].

[Signature of Affiant]  
[Printed Name of Affiant]

SUBSCRIBED AND SWORN to before me this [Date] in [Location], affiant exhibiting to me [ID details].

Notary Public

The process of securing an affidavit of discrepancy is essential for ensuring that personal records and documents are accurate and consistent across various institutions in the Philippines. By addressing these issues promptly, individuals can avoid potential legal and administrative hurdles, ensuring smoother transactions with both government and private entities.