What is an Affidavit?

1. Introduction

Affidavits narrate a certain set of facts and are sworn through an oath or affirmation by the person who wrote or executed it (this person is generally called the affiant). This guide will explain the different types of affidavits and why they are used which may be by reason of court proceedings, government affairs, and personal matters or undertakings by individuals.

2. Types of Affidavits as to the number of Affiants and their Purposes

There are two kinds of affidavits depending on the number of affiants that wrote them, these two are the single affidavit and the joint affidavit. The paragraphs below explain the distinction between the two.

2.1. Single Affidavit:

A single affidavit is simply a document which is written by one person or the affiant. The affiant will then state that certain events took place and that such statements are believed by the affiant to be true.

For example, if a person (affiant) wants his records to be corrected and wants to establish that two different names found on different records or documents refer to him, then he must use an Affidavit of One and the Same Person to state the circumstances of how the discrepancy was found and adding that the affiant wants to correct the discrepancy.

2.2 Joint Affidavit:

A joint affidavit is a document which is written by two or more persons or the affiants. The affiants will then state that certain events took place and that such statements are believed by the affiants to be true.

Using the same example, where the statements in an Affidavit of One and the Same Person should be supported by the statements of two or more persons, an Affidavit of Two Disinterested Persons should be used. In this kind of affidavit, the two persons will jointly narrate facts to show that such discrepancy exists and that it should be corrected for the benefit of the person whose name appears differently in his records.

2.3 Commonly Used Affidavits and their Purposes:

The affidavits shown below are commonly used by many individuals. Note that the following is not an exhaustive list. Many kinds of affidavits may be needed depending on the situation.

2.3.1 Disputes in Court

Affidavit of Personal Service. This serves as proof that a certain document is personally delivered to the document's recipient or his representative if he is absent at his address at the time of delivery.
Affidavit of Desistance. This document sets forth the desire of a person to desist from pursuing a particular case that is already filed against a certain person called the respondent, especially in criminal cases.

2.3.2 Financial Transactions

Affidavit of Loss. This is a written statement that describes the facts concerning the loss of an object, usually a document such as an identification card, a driver's license, a passport, or documents relating to the registration of vehicles.
Affidavit of Closure of Business. This is used to inform third parties that a business has closed or ceased its operations.
Treasurer's Affidavit. This is a document that is subscribed and sworn to by the Treasurer of a corporation to certify the amounts subscribed and paid by the subscribers for stock corporations.

2.3.3 Travel purposes

Affidavit of Consent and Support. This is used when a minor child is applying for a passport or traveling with a person other than his or her parent(s), legal guardian, or person exercising parental authority/legal custody over him or her.
Affidavit of Support with Undertaking. This is a document wherein a person takes an oath that they will pay for all the travel expenses, including subsistence and accommodations, of another person.

2.3.4 Birth, Marriage, or Family Relations

Affidavit of Admission of Paternity. This is a document wherein the person signing the affidavit acknowledges that he is the father of an illegitimate child.
Affidavit to Use the Surname of the Father. This is a document that is used for an illegitimate child to use the father's surname.
Affidavit of Cohabitation. This is used by live-in couples of opposite sexes, also known as common-law spouses to prove that they have been living with each other as husband and wife without the benefit of a valid marriage.
Affidavit of Single Status. This is a document that may be used by any person who wants to prove that he is currently single and unwed at the time he made the statements in the affidavit.
Affidavit of Child Support. This is used by the parents or other person who may be obliged by law to give support, to keep and honor their obligation to provide support for their child.

3. Parts of an Affidavit

All affidavits have essential parts that complete it. The parts will be explained below.

Heading and Title. The heading or title includes the word "AFFIDAVIT" and a title that succinctly describes the nature of the statement. For example, Affidavit of Loss, Affidavit of Personal Service, and so on.
Personal Information. The affiant's full name, address, and other relevant personal details should be provided at the beginning of the affidavit following the heading and title. The name should be the full name of the affiant and should be the one appearing on his government-issued ID.
Narration of Facts. The narration of the events that took place should be made in an orderly fashion which may by chronological
Statement of Truth. The affiant must explicitly state that the affidavit's contents are true and correct to the best of their knowledge and belief.
Jurat or Notarial Acknowledgment. A jurat is a portion that is accomplished solely by the notary public and this is where he places his official seal, signature, and stamp showing the details of the notary public concerning his authority to notarize a document. Notarization is further explained in the paragraph below.

4. Notarization of Affidavits

The last step in ensuring the completeness of an affidavit is its notarization before a notary public, or any other authorized officer who can administer oaths. Notarization will ensure that the contents of the affidavit are true and the affiants swear as to its truth

In essence, once the notarization is completed this means that the notary public has administered the oath or affirmation, in simpler terms, he has accepted the oath given by the affiant attesting to the truthfulness of the statements made in the affidavit.

A detailed explanation of notarization can be found in the guide: When and how to Notarize a Document?

5. Legal Implications of Affidavits

After notarization, an affidavit bears the status of a public document which makes it easer to use as evidence in a court of law in case a dispute concerning the affidavit is initiated or filed. Public Documents are those issued by a competent public officer or an official employee of the Philippine government, or those that are duly notarized by a notary public and can be used for their intended purpose. Thus, an affidavit before notarization is a private document without any intervention of a government officer or a notary public and cannot be used for the purpose for which they are created.

It must be noted that false statements in affidavits may lead to perjury charges which can result in a fine or imprisonment, emphasizing the importance of honesty and accuracy in the information provided. Perjury is the crime that is committed when an affiant makes a false statement in an affidavit or any other public document and the affiant knows that the statements made are false.

6. Conclusion

Affidavits are useful in the sense that they are reliable documents that state the truth. The affiant bears the risk of being subjected to criminal action for perjury if he lies in the affidavit. Further affidavits are notarized which makes them public documents which makes it easer to use as evidence in a court of law in case a dispute concerning the affidavit is initiated or filed. An affiant should be aware of these facts and must take note of the steps from writing it to having it notarized to ensure that no problems may arise after notarization.

It must be noted that affidavits are documents which are impressed with truth and public reliance, thus it is vital that the affiant will only state the truth and nothing but the truth thereon.