Dear Attorney,

I hope this letter finds you well. I am writing to seek your guidance on a concern regarding an affidavit of discrepancy that I recently executed. Specifically, I would like to know whether it is automatically considered notarized once completed.

I look forward to your insights on this matter. Thank you for your assistance.

Sincerely,
A Concerned Client

Affidavit of Discrepancy: Notarization and Legal Implications in the Philippines

An affidavit of discrepancy is a sworn document used in the Philippines to clarify or correct inconsistencies in personal records, such as birth certificates, school documents, marriage licenses, or identification cards. These discrepancies often arise from clerical errors, misspellings, or omissions in official records. Executing an affidavit of discrepancy is a vital step in establishing consistency and accuracy in legal documentation.

1. Definition and Purpose of an Affidavit of Discrepancy

An affidavit of discrepancy serves as a legal tool for individuals to declare and explain inconsistencies in their records. It is typically required when such discrepancies create conflicts during official transactions, such as applying for identification, licenses, or benefits.

For instance:

Common Scenarios: Differences in name spellings, typographical errors in birth dates, or mismatched parental names in certificates of live birth and marriage contracts.
Legal Recognition: While not a corrective measure per se, the affidavit formally acknowledges and rationalizes discrepancies to concerned parties, such as government agencies or private institutions.

2. Legal Process of Executing an Affidavit of Discrepancy

A. Drafting the Affidavit:
The affidavit must clearly state:

The details of the discrepancy (e.g., incorrect spelling or dates).
The accurate information as it should appear.
The declarant’s request to have the affidavit recognized by the relevant parties for clarification purposes.

B. Notarization Requirement:
The affidavit must be signed and sworn to before a notary public. Notarization ensures:

The authenticity of the affidavit.
The declarant's acknowledgment of the statements made under oath.

3. Is an Affidavit of Discrepancy Automatically Notarized?

No, an affidavit is not automatically notarized upon execution.
Notarization is a separate legal act performed by a notary public. The mere drafting and signing of the affidavit do not suffice to give it legal effect. To be considered a notarized document, the following steps must occur:

The declarant must appear personally before the notary public.
The notary must verify the declarant’s identity through valid government-issued identification.
The affidavit must be signed by the declarant in the presence of the notary public.
The notary public affixes their notarial seal and signature, signifying the document's authenticity.

4. Importance of Notarization

A notarized affidavit carries greater evidentiary value in legal and administrative proceedings. Without notarization, the affidavit may not be accepted by courts, government agencies, or private institutions.

Examples of When Notarized Affidavits Are Required:

Submission to government agencies (e.g., Social Security System, Bureau of Internal Revenue).
As supporting documentation in court cases.
For transactions requiring authentication of personal records.

5. Steps to Ensure Proper Notarization

A. Preparation: Ensure the affidavit is properly written and formatted. Legal counsel can assist in drafting the document to avoid errors or omissions.

B. Compliance with Legal Formalities:

Appear personally before the notary.
Present valid identification for identity verification.
Pay the required notarial fees.

C. Retention of Copies: Keep both the notarized affidavit and official receipt for future reference.

6. Legal Consequences of an Unnotarized Affidavit

An affidavit that is not notarized:

Lacks Probative Value: Courts and institutions may disregard the affidavit as an official statement.
May Be Challenged: Its authenticity and accuracy can be questioned, particularly in contentious cases.

7. Common Questions About Affidavit Notarization

Q1: Can I notarize an affidavit of discrepancy without appearing before the notary?
No. Personal appearance is a non-negotiable requirement under Philippine law. A notary public must witness the signing to fulfill their legal obligation to authenticate the document.

Q2: What happens if a discrepancy is not resolved with an affidavit?
In cases where an affidavit is insufficient to resolve the issue, formal correction procedures, such as filing a petition for correction of entries under Rule 108 of the Rules of Court, may be necessary.

Q3: Is notarization enough to correct official records?
No. An affidavit merely acknowledges the discrepancy; it does not alter official records. Formal correction through administrative or judicial processes is required for actual amendments.

8. Related Legal Provisions and Jurisprudence

Notarial Practice Act (RA 9646):
This law outlines the duties and responsibilities of notaries public, including the authentication of affidavits.

Rule 108 of the Rules of Court:
Specifies the procedure for the judicial correction of civil registry entries.

Jurisprudence:

In Republic v. Albios, the Supreme Court emphasized the importance of notarization in conferring legal significance to documents.
Tenebro v. Court of Appeals established that affidavits must comply with formal requirements to be admissible.

9. Practical Considerations

To avoid issues:

Verify all personal records for consistency.
Seek legal assistance in drafting affidavits.
Ensure proper notarization to strengthen the document’s legal standing.

10. Conclusion

An affidavit of discrepancy is a crucial document for addressing errors in personal records. However, it must be notarized to achieve legal validity. The notarization process authenticates the affidavit and ensures its acceptance by institutions. While affidavits can explain discrepancies, formal amendments to official records often require separate legal action.

To address your concern, you must present the affidavit to a notary public for notarization. Without this step, it remains an informal document with limited legal effect. If further clarification or corrections are necessary, consulting a lawyer is advisable to determine the most appropriate course of action.