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Last revision: 12/20/2023
Available formats: Word and PDF
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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 discovers a document bearing a name different from the one that he or she customarily uses. The difference can be due to an erroneous spelling of the name, a missing first or second name, or even an additional name, among others. In order to establish that both documents, despite bearing a difference in name, refer to the same person, an Affidavit of One and the Same Person is executed.
To support or corroborate the narrations in an Affidavit of One and the Same Person, another document called Affidavit of Two Disinterested Persons is usually used. This additional document is executed by two individuals who will support the statement of the Affiant that his name appears differently in one or more documents.
How To Use This Document
This affidavit should be completed by the Afffiant: the person whose name appears differently in one or more documents. The affidavit includes identifying information of the Affiant, including their name, age, citizenship, civil status, and their address. If the Affiant is a minor, the user will be asked the name of the guardian who will 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.
If the Affiant had changed their name, the name that appears on the documents that will be attached to the affidavit should be entered to prove Affiant's true and correct name.
Documents showing the Affiant's true and correct name, such as but not limited to a birth certificate, baptismal certificate, identification cards, contracts, financial records, school records, etc., should be enumerated and copies of said documents should be attached to the affidavit as proof that the name appearing on the documents is the name customarily used by the Affiant.
Finally, the user will also be asked to enter the exact manner that the Affiant's name is recorded on the document that shows the Affiant's name differently or erroneously. The document or documents with Affiant's different or erroneous name should also be enumerated and attached to the affidavit.
Once the affidavit has been completed, at least 2 copies of the affidavit must be printed. Each copy should have the attachments mentioned above. Thereafter, 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.
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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