Affidavit of One and the Same Person

What is an Affidavit of One and the Same Person?

An Affidavit of One and the Same Person is a written document that establishes that two different names found on different documents refer to one person, the Affiant.

The Affidavit of One and the Same Person is usually used when a person knows or discovers that a document contains a name different from the one that he or she currently uses. The difference can be due to the following:

• The erroneous spelling of the name,
• Missing first or second name, or even an additional name, among others,
• Marriage of the affiant which changes her name,
• Change of name due to an official correction of records after the paternity and filiation of the affiant are proved; or acknowledged, or in case of change of name by reason of adoption.

An Affidavit of One and the Same Person is executed to prove that the different names found in two or more documents refer to one and the same person. This may be needed for the following:

• In case the affiant wants to correct the discrepancy or mistake,
• In case a new document or replacement will be issued bearing the correct name, and
• To properly identify the affiant in the documents bearing different names.

What is the difference between an Affidavit of One and the Same Person and an Affidavit of Two Disinterested Persons?

• An Affidavit of Two Disinterested Persons is a written document in which two persons state and swear before a notary public that the different names found on documents of another person belong to that same person.
• An Affidavit of One and the Same Person is a document that serves as the sworn statement of the person whose name it concerns.

An Affidavit of One and the Same Person is a document that serves as the sworn statement of the person who has a discrepancy when it comes to their name, on the other hand, an Affidavit of Two Disinterested Persons is a document that is used to support or corroborate the narrations in an Affidavit of One and Same Person.

Is it mandatory to have an Affidavit of One and the Same Person?

Yes, if the affiant seeks to correct the records in a particular government office or private institution. These organizations require an Affidavit of One and the Same Person and an Affidavit of Two Disinterested Persons.

What must an Affidavit of One and the Same Person contain?

The affidavit includes the following:

• The identifying information of the Affiant, including their name, age, citizenship, civil status, and their address.,
• The documents showing the correct name (this can include the new name, e.g. the affiant recently got married and used the surname of her spouse),
• The documents showing the incorrect name (this can include the old name, e.g, the name of the affiant before marriage), and
• The reason for the discrepancy.

Who is involved in an Affidavit of One and the Same Person?

It should be the person who knows or discovers that a document bearing a name different from the one that he currently uses.

If the Affiant is a minor, his guardian should accompany the Affiant to the notary public and sign the affidavit.

The guardian should be either the parent, in the absence or incapacity of the parents, the court-appointed guardian, or persons exercising substitute parental authority over the Affiant, in that order. Persons exercising substitute parental authority the surviving grandparent, the oldest brother or sister, over 21 years old, or the child's actual custodian over 21 years of age, in that order.

What has to be done once the Affidavit of One and the Same Person is ready?

Once the affidavit has been completed, at least 2 copies of the affidavit must be printed. Each copy should have the attachments mentioned above. The Affiant must personally appear before a notary public and present at least one current identification card (I.D.) issued by an official agency bearing the photograph and signature of the Affiant. The Affiant must swear under oath the whole truth of the contents of the affidavit and then sign all copies of the affidavit. If the Affiant is a minor, the Affiant must be accompanied by a parent or a guardian when signing the affidavit. The guardian must also sign the affidavit. The Affiant will be asked to leave one original copy for the files of the notary public. Once notarized, the Affiant may use the Affidavit as needed.

Which documents should be attached to the Affidavit of One and the Same Person?

The following documents should be attached to the Affidavit of One and the Same Person:

• Documents showing the Affiant's current, true, and correct name as proof that this is the name customarily used by the Affiant, such as but not limited to:
  • Birth certificate,
  • Marriage certificate,
  • Baptismal certificate,
  • Identification cards,
  • Contracts,
  • Financial records,
  • School records, etc.
• The document or documents with Affiant's different, erroneous, or old name.

Is it necessary to notarize an Affidavit of One and the Same Person for it to be valid?

Yes, because affidavits are sworn statements that should be executed or signed in the presence of a notary public.

What are the costs involved in the finalization of the Affidavit of One and the Same Person?

Notarization fees for an Affidavit of One and the Same Person are typically PHP100 to PHP500.

Which laws are applicable to the Affidavit of One and the Same Person?

There are no laws outlining the contents of an Affidavit of One and the Same Person. However, affidavits are governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized affidavit may be punishable under the Revised Penal Code of the Philippines.

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