Letter to a Lawyer

Dear Attorney,

I respectfully seek your guidance regarding a mistake I made in my Social Security System (SSS) records. Recently, I realized that I incorrectly listed my mother’s name in my SSS form. Instead of properly reflecting her name in the “Mother’s Name” section, it seems I placed her name erroneously in the field intended for a sibling or a different relative. I am concerned that this discrepancy might cause issues in the future, especially when claiming benefits or verifying my identity.

Could you kindly advise what type of affidavit or legal document I need to correct this error in my SSS records? I would greatly appreciate any information you can provide about the applicable legal requirements, the recommended steps, and the documentary support needed to ensure that my SSS file accurately reflects my correct family information.

Thank you very much for your assistance.

Sincerely,
A Concerned Individual

A Comprehensive Legal Article on Correcting Erroneous Entries in SSS Records Under Philippine Law

I. Introduction
In the Philippines, maintaining accurate personal records with the Social Security System (SSS) is of paramount importance for ensuring that a member’s eligibility for benefits, pensions, loans, and other entitlements is never compromised. The SSS is a government-mandated program established to provide social security protection and benefits to Filipino workers, covering private sector employees, self-employed individuals, and even voluntary members. Given the significance of SSS records, it is crucial for members to ensure that their personal details—including names, birthdates, and family information—are correct and updated. When discrepancies arise, the legal remedy often involves the preparation and submission of a specialized affidavit to rectify the erroneous entry.

This article serves as a meticulous guide on all facets of correcting erroneous personal information in SSS records under Philippine law. It focuses on the nature of affidavits required, the foundational legal principles governing name corrections, the evidentiary documents needed, and the procedural nuances before various government agencies. By understanding these legal requirements, SSS members can effectively regularize their personal details and protect their rights to social security benefits.

II. The Nature and Importance of Correct Information in SSS Records
Accurate personal details in one’s SSS records are not merely administrative formalities; they hold legal weight and can directly influence a member’s future claims. For example, the proper identification of beneficiaries plays a significant role when claiming survivor’s benefits or death benefits. If a mother’s name is incorrectly registered as a sibling’s name, it may raise questions about eligibility, identity verification, and the authenticity of claims down the line. Such discrepancies can lead to delays in processing benefit applications and may even require members or their beneficiaries to undertake costly, time-consuming legal proceedings later.

III. Governing Laws and Regulations
The SSS is governed primarily by the Social Security Act of 2018 (Republic Act No. 11199), which is the latest iteration of Philippine social security law. This statute and its implementing rules and regulations (IRR) empower the Social Security System to maintain accurate and reliable records of its members. Although RA 11199 itself does not delve into the minutiae of rectifying errors in personal records, its implementing guidelines provide the SSS the administrative authority to require proper documentation and affidavits for correction of entries.

Other relevant laws may come into play depending on the nature of the discrepancy. For errors involving birth details, one might need documentary support from the Philippine Statistics Authority (PSA), which issues birth certificates and other civil registry documents. For name-related issues, the Civil Code of the Philippines, in conjunction with the Rules of Court and special laws such as Republic Act No. 9048 (which deals with corrections in the civil registry), may indirectly guide the evidentiary requirements for establishing one’s true identity.

IV. Identifying the Appropriate Affidavit: Affidavit of Discrepancy or Correction
When a member discovers that certain details, like a parent’s name, have been incorrectly listed in their SSS membership records, the standard procedure often involves executing an “Affidavit of Discrepancy” or an “Affidavit of Correction.” Although these terms are often used interchangeably, the essential purpose is the same: to formally acknowledge that a previous record contains an error, to explain how and why the error occurred, and to state the correct information.

Affidavit of Discrepancy:
This affidavit is commonly used to reconcile differences between various personal records. If a member’s name, or that of a listed beneficiary or family member, appears differently in one document versus another, an Affidavit of Discrepancy can help align the details. In the case of the mother’s name, if the member mistakenly entered her name in a field intended for a sibling, the member can execute this affidavit to clarify the mistake and specify the correct relationship and name as it should appear.
Affidavit of Correction:
An Affidavit of Correction often serves the same function but may focus more explicitly on clarifying clerical or typographical errors. In SSS transactions, if the mother’s name was inadvertently recorded in the sibling’s slot due to a typographical slip, an Affidavit of Correction can be submitted, together with supporting documents, to rectify this.

In practice, the terms “Affidavit of Discrepancy” and “Affidavit of Correction” are sometimes blended into a single form, depending on the template provided by the SSS or the notary public’s recommendation. The key element is the affidavit’s substance: it must clearly state the incorrect entry, the correct entry, and the reason for the error.

V. Content Requirements for the Affidavit
To be effective and accepted by SSS, the affidavit must meet certain formal and substantive requirements:

Personal Information of the Affiant:
The affidavit should indicate the full name, address, nationality, and civil status of the person executing the affidavit. This identifies the affiant and establishes their legal capacity.
Description of the Discrepancy or Error:
The document should clearly and specifically state which entry in the SSS records is incorrect. For instance, the affiant would detail that under “Mother’s Name,” the record currently reflects [erroneous detail], and that this is, in fact, not the correct maternal detail.
Correct Information and Relationship:
The affidavit must state the correct information to replace the erroneous entry. In this scenario, it would clearly identify the mother’s correct name and possibly include the correct date of birth or other identifying information if relevant.
Explanation of the Cause of the Error:
While not always mandatory, a brief explanation may strengthen the credibility of the affidavit. For example, the affiant might say that due to confusion or a clerical oversight, the mother’s name was mistakenly placed under the sibling section.
Supporting Documents Referenced:
The affiant should indicate what documents support the correction. These often include authenticated birth certificates, valid government-issued IDs, previous SSS forms, PSA documents, or marriage certificates (if needed to confirm family relations).
Declaration of Truth:
Affidavits must contain a statement, under oath, that the affiant is declaring the facts to be true to the best of their knowledge. This lends legal weight to the affidavit and makes the affiant liable for perjury if they knowingly provide false statements.
Notarization:
Philippine law requires affidavits to be executed under oath before a notary public. The notary’s signature and seal authenticate the affidavit, making it admissible for official transactions, including those with the SSS.

VI. Documenting the Correction: Additional Supporting Documents
An affidavit alone may not suffice. The SSS generally requires corroborating evidence that the corrected information is accurate. Common supporting documents include:

PSA-issued Birth Certificate:
For corrections involving names of parents, a PSA (formerly NSO) birth certificate is often indispensable. It provides a prima facie proof of one’s parentage and the correct spelling of names. If the SSS needs to verify the maternal name, presenting a birth certificate helps validate the affiant’s claim.
Valid Government-issued IDs:
Government-issued IDs, such as a Philippine passport, driver’s license, or Unified Multi-Purpose ID (UMID) bearing the correct personal details, can further support the correction. They enhance credibility and allow the SSS to confidently adopt the correct information.
Civil Registry Documents:
In some cases, if the discrepancy relates to a sibling versus a parent, the SSS may request additional documents proving the familial relationship, such as a parent’s marriage certificate or the birth certificates of siblings.
Old SSS Documents or E-1/E-4 Forms:
The original enrollment form (E-1) or other related SSS documents that pre-date the error might serve as reference points, showing the intended information was once recorded correctly or can confirm that the erroneous entry is recent and isolated.

VII. The Procedure for Correction at the SSS
Once the affidavit and supporting documents are prepared, the member should:

Visit the Nearest SSS Branch:
The affiant or member should personally appear at an SSS branch to submit the affidavit, along with original and photocopies of supporting documents. Personal appearance allows the SSS staff to verify the authenticity of documents and the identity of the member.
Fill Out Required SSS Forms:
SSS may require the completion of a member data change request form. The member should carefully fill out all requested details to align with the affidavit’s corrected information.
Review and Approval Process:
SSS personnel will review the documents to ensure compliance with their guidelines. If complete and satisfactory, the SSS will proceed with updating the member’s records accordingly.
Issuance of Updated Records:
After processing, the member may request a printout or official record reflecting the corrected details. Retaining this updated record is crucial for future reference.

VIII. Legal Implications of Affidavits and Potential Issues
While correcting one’s SSS records is generally straightforward, failure to adhere to legal formalities can lead to complications:

Perjury Risks:
False statements in the affidavit may expose the affiant to perjury charges under the Revised Penal Code. Thus, ensuring the accuracy and truthfulness of statements is paramount.
Refusal by SSS:
If the affidavit and supporting documents are deemed insufficient, or if the discrepancy raises questions about the applicant’s identity or eligibility, the SSS may refuse to implement the correction until additional documents are provided.
Long-term Consequences:
Inaccurate SSS records can have long-term ramifications. For example, discrepancies may cause delays or denials of benefit claims. Resolving these errors early on prevents future legal hurdles and helps maintain a seamless relationship with the SSS.

IX. Best Practices for Ensuring Accuracy in SSS Records
To avoid the need for affidavits and corrections, members should:

Double-Check Entries:
When filling out SSS forms (E-1 for initial registration or E-4 for subsequent changes), ensure that names, birthdates, and relationships are correctly spelled and placed in the proper fields.
Keep Multiple Copies of Important Documents:
Having copies of birth certificates, marriage contracts, and other vital records on hand allows members to promptly verify and correct details if discrepancies arise.
Prompt Updates:
Whenever a life event occurs, such as a name change due to marriage or a legal proceeding that alters personal details, members should promptly notify the SSS and submit the necessary documents to keep their records updated.

X. Interface with Other Agencies and Legal Actions
Although the SSS primarily requires an affidavit and supporting documents for corrections, certain complex cases may call for judicial or administrative action before making the corrections. For instance, if the discrepancy stems from a legally contested identity or a more profound error in civil registry records, one may need to undergo the process outlined in Republic Act 9048 or seek a court order to correct entries in the birth certificate.

If a court proceeding is required, the affidavit and SSS correction become part of a larger legal strategy. Consulting with a qualified attorney experienced in civil registry law and social security regulations is advisable in such complex circumstances.

XI. The Role of Legal Counsel
While an affidavit of discrepancy or correction can be prepared by the member, seeking professional legal assistance can streamline the process. A lawyer can:

Draft the Affidavit:
Ensuring that the affidavit meets all legal requirements, uses precise language, and aligns with the documentary evidence is critical. A lawyer’s input guarantees coherence and reduces the risk of rejection.
Provide Guidance on Documentary Evidence:
An attorney familiar with Philippine law and SSS procedures can advise on which documents are essential, how to obtain them, and how to present them in a convincing manner.
Navigate Complex Cases:
If the discrepancy hints at a deeper legal issue—such as the need for judicial correction of civil registry records—a lawyer can guide the member through the appropriate legal remedies and processes.

XII. Conclusion
Ensuring that one’s SSS records are free from errors is not merely a bureaucratic exercise; it is a legal necessity to safeguard future benefits and entitlements. When a discrepancy occurs—such as a mother’s name erroneously recorded in place of a sibling’s name—the preferred legal remedy is the execution of an Affidavit of Discrepancy or Affidavit of Correction. By following the formal requirements, providing sufficient supporting documents, and complying with SSS procedures, members can effectively rectify errors and maintain accurate SSS profiles.

Philippine law underscores the importance of truthfulness in sworn statements, the reliability of civil registry documents, and the careful maintenance of official records. Through meticulous adherence to these principles and timely recourse to the proper affidavits, SSS members can ensure that their personal information remains consistent, legitimate, and recognized by the law. In doing so, they safeguard their rightful access to the social security benefits enshrined by Philippine legislation, thus securing their financial well-being and that of their families.