DEFINITION OF AFFIDAVITS
An AFFIDAVIT is a sworn statement made by a party, in writing, made in the presence
of an oath commissioner or a notary public which is used either in support of
applications to the Court or as evidence in court proceedings. In case of Writ Petitions,
cases are generally disposed of on the basis of affidavits.
An affidavit is a written statement made under oath or affirmation, in which an individual (the
affiant) swears that the information contained within is true to the best of their knowledge and
belief. This document is typically signed in the presence of a notary public or another authorized
official who certifies the affiant’s identity and administers the oath Garner (2019).
1. The Header/Venue
Usually seen on the upper left of an Affidavit, it appears like this.
Republic of the Philippines)
Quezon City ) S.S.
S.S. stands for SCILICET but it's actual abbreviation is S.c. However, it has become commonly
mis-abbreviated to S.S. in most Affidavits in the Philippines. SCILICET means "to wit; namely;
particularly in". Hence the above is understood to mean, "Republic of the Philippines
namely/particularly in Quezon City".
As you can see this part of an Affidavit also refers to the venue where the same was executed. It
also indicates the jurisdiction within which the notary public may administer oaths.
2. The Title
The common title of an Affidavit is Affidavit (Sinumphang Salaysay) or if there are two or more
affiants, Joint Affidavit (Sama-samang Sinumpaang Salaysay). However, there are some
Affidavits which have been designated with a name such as Affidavit of Loss, and Affidavit of
Identity.
The title indicates what kind of legal form it is; it is aligned at the center of the document.
Affidavit of Loss
3. The Body
The body is the majority of the affidavit.
It can still be divided into two sub-parts.
A. Opening Statement of Personal Circumstances An Opening Statement
where the affiant states his name, nationality, civil status, of legal age or
not, his residential address and that he has been sworn to in accordance
with law.
I, FRANCISCO A. BERGOLIO, Filipino, single, of legal age and
currently residing at No. 7, Taft Avenue, Manila Philippines, after having
sworn to in accordance with law, hereby depose and state that:
B. The Statement of Facts Here you simply narrate the facts. You divide
them by paragraphs and arrange the paragraphs with numbers or letters.
The important thing here is that you narrate facts and not conclusions and
that you do it with personal knowledge and in the most accurate way
possible.
1. I am a Filipino-Italian citizen working in the depressed areas of Payatas
since 2008;
2. On 08 March 2021, I was assisting in the daily mass, when armed men
from the 5th Infantry Brigade of the Philippine Army barged into the
chapel;
3. The following day, 09 March 2021, while we were having a Parish
Pastoral Council Meeting, random shots were heard outside;
The last paragraph can state the purpose of the affidavit but can also vary.
I attest to the truth of the foregoing facts and for whatever legal purpose
this Affidavit may serve.
I attest to the truth of the foregoing and for the purpose of filing a criminal
case. for grave coercion against Sgt. Henrietta Euqor of the Philippine
Army.
4. Signature of the Affiant
This is placed after the body and where the affiant signs his name. It can appear
like this.
The official signature of the affiant must be placed over his name. If the affiant
is illiterate, a thumbmark will suffice.
IN WITNESS WHEREOF, I have set my hand this 11th day of March 2021 in
Quezon City, Philippines.
(Signed)
FRANCISCO A. BERGOLIO
Affiant
5. Jurat
The last part of an Affidavit is a jurat. It is the part of the Affidavit wherein the
notarial officer indicates that the affiant has subscribed and sworn to in his
presence and that the latter has shown a proof of his/her identity to the former.
Furthermore, this part is where the notarial officer affixes his seal and signature,
notarial information and the record details of the Affidavit.
A Competent Evidence of Identity or its photocopy must be shown to the Notary
Public. The 2004 Rules on Notarial -Practice lists what are "competent evidence
of identity" or the identification of an individual based on at least one current
identification document issued by an official agency bearing the photograph and
signature of the individual (SSS ID, GSIS ID, Driver's License, Passport, TIN ID,
PhilHealth ID, Pag-ibig ID. A Community Tax Certificate (CTC) or cedula is no
longer acceptable.
SUBSCRIBED AND SWORN to before me this Com of De miden 2015,
affiant exhibitini his License No. NO-21-18734 valid until 15 April 2028 and
issued in Makati City, Philippines.
JUAN PAULO
BENEDICTO Notary
Public 5/F Ruby Tower,
Diliman, Quezon City SC
Roll No. 98763 IBP No.
30896/04-01-2021/Tawi-
Tawi PTR No.
487563/01-23-2021/Que
zon City NP No.
630/2021-2022 Notary
Public - Quezon City
Until 31 December 2022
Doc. No. 79;
Page No. 34;
Book No. XV;
Series of 2022
The uses of affidavits include...
(1) To allow evidence to be gathered from witnesses or-participants who may
not be available to testify in person before the court, or who may otherwise fear
for their satety it their true identities are revealed in court; and
(2) To obtain a declaration on a legal document that the information provided by
the applicant is truthful to the best of the applicant's knowledge.
ELEMENTS OF AFFIDAVIT - GENERALLY
Three essential elements must be satisfied to constitute affidavit. They are:
1. a written oath representing the facts as sworn to by the affiant;
2. the signature of the affiant; and
3. the attestation by an officer authorized to administer the oath that the affidavit was
actually sworn by the affiant in the presence of that officer.
An affidavit typically includes a title or caption, signature of the affiant, the jurat, and the
body of the instrument. An affidavit should also state the venue. The substance of the
document makes it an affidavit. If the affiant is competent to testify to the contents of the
affidavit at trial, then mere technical deficiencies do not render the affidavit improper.
AN AFFIDAVIT IS NOT A "LAWFUL AFFIDAVIT" IF:
1. the affidavit is signed outside the presence of an officer, or
2. no oath is administered.
An affidavit must state facts and at the same time, it should affirmatively demonstrate
how the affiant obtained personal knowledge of those facts. If the facts stated in the
affidavit are untrue and outside the personal knowledge of the affiant, then the affidavit
will become legally insufficient.
Inside Elements of Affidavit - Generally
SIGNATURE
An affidavit must be SIGNED by the person preparing and attesting to the contents of
the affidavit. A signature is generally valid if made manually or by a device or machine. It
can also signatures can be made electronically. By signing the affidavit, the creator
confirms that the facts given in the affidavit are true to the best of the author's
knowledge. If the information given in the affidavit signed under oath is found to be
false, the author is liable for penalties for perjury.
JURAT
A JURAT is a name given to the clause at the foot of an affidavit showing when, where,
and before whom the actual oath was sworn or affirmation was made. In executing a
jurat, a notary guarantees that the signer personally appeared before the notary, was
given an oath or affirmation attesting to the truthfulness of the document, and signed the
document in the notary's presence. It is always important that the notary positively
identify a signer for a jurat, 2 as s/he is certifying that the signer attested to the
truthfulness
If the document contents under penalty of perjury. However, jurat notarizations do not
prove a document is true, legal, valid or enforceable.
SS. (or ss.) means "scilicet" from the latin scire licet and translates to "it is permitted to,
to wit, or namely, and is placed in a jurat to indicate the location of the signing of the
instrument. If this section of the jurat is absent, it does not invalidate the instrument. It
merely serves to indicate the jurisdiction of the notary, which depends on the jurisdiction
or city in which he/she is appointed. SS. may also be used to refer to an abbreviation of
the phrase "subscribed and sworn to".
A jurat is typically in the following form:
"Sworn and subscribed before me, on the day of 2022, Notary Public."
EFFECT OF OMISSION OF A JURAT
A jurat is a name given to the clause at the foot of an affidavit showing when, where,
and before whom the actual oath was sworn or affirmation was made. In instances
where a sworn statement is not strictly required by law, a statement in writing in the form
of an affidavit is admissible even without a jurat. However, in some jurisdictions an
instrument in writing has no validity without a jurat. There is some support for the
conclusion that the omission of a jurat is not fatal as long as the instrument itself
validates the content, or the external evidence confirms that the instrument was sworn
to before an authority.
AFFIDAVIT TAKEN IN ANOTHER STATE
Generally, affidavits taken in another state should be signed and sealed by the author
under oath and should be accompanied by a certificate authenticating the notary's
authority to administer the oath in that state. However, some jurisdictions allow affidavits
signed before a notary in another state without an accompanying certificate
authenticating the authority of the notary to administer oath. If there is no statutory
provision defining the parameter to authenticate a foreign notary, then the notary's
official seal is sufficient to authenticate the instrument.
AFFIDAVITS & ITS LEGAL IMPLICATIONS
An affidavit is an official written statement setting out the facts of a case and it is
considered the proof of a case. It is the main method to present the facts of the case to
a court. It must be promised, or declared, usually before a Justice of the Peace,
Commissioner of Oaths or solicitor, as a true record. Affidavits may also be a promise
by a third person in support of a case. The court has a model form to use and there is
limited opportunity to give a personal account of your evidence in court. More evidence
is provided by affidavit. This allows a case to run more quickly and efficiently as all
parties know what evidence is before the Court.
CONSEQUENCES OF FALSE AFFIDAVIT
The crime of perjury is committed by any person who shall knowingly make untruthful
statements or make an affidavit, upon any material matter and required by law. It is
punishable by imprisonment of up to 2 years and four months.
CLASSIFICATION OF AFFIDAVIT
AFFIDAVIT OF WITNESS
Affidavits must be signed in front of a witness who is an «<authorized person». An authorized
person includes a Justice of the Peace (JP), a solicitor or barrister. After witnessing your
signature, the witness must also sign your affidavit.
AFFIDAVIT OF DESISTANCE
An Affidavit of Desistance is a written statement under oath by the complainant stating that he's
no longer interested in pursuing the complaint or criminal case against another person. The
complainant will no longer assist in prosecuting the other person by not giving either evidence or
testimony.
REPLY AFFIDAVIT
An affidavit in reply can be defined as an affidavit served in court proceedings in which a
deponent responds to another party's evidence where that party's evidence was itself in response
to evidence served by the party serving the reply affidavit. May 9, 2022
REJOINDER AFFIDAVIT
Rejoinder Affidavit is the response by the petitioner to the counter affidavit filed by the
respondent. Rejoinder affidavit may include response to response to the new facts raised through
the affidavit filed by the respondent. The Rejoinder is reply to the Counter Filed by the Opposite
party. The Pleadings of Petitioner or plaintiff are already filed and the opposite party filed
counter affidavit or Written Statement with new fats which are not correct according to Petitioner
or Plaintiff, in reply to the Counter of Respondent the petitioner can file rejoinder denying the
new facts which are not mentioned in the Petition or Complaint.
For the new facts, the complainant will file an additional statement, with support of an affidavit.
First show the reason to the court that why the petitioner is filing additional statement and then
take the order from the court for filling it."
COUNTER AFFIDAVIT
An affidavit made in opposition to one already made; this is allowed in the preliminary
examination of some cases.
AFFIDAVIT OF DENIAL FOR NBI CLEARANCE
An affidavit of denial may be submitted to clear one's name when there are other records bearing
the same name with pending case or derogatory information.
AFFIDAVIT OF UNDERTAKING
It is the main way you present evidence (facts of the case) to a court. It must be sworn, or
affirmed, by signing and should be duly attested/ affirmed
AFFIDAVIT OF HEIRSHIP
An Affidavit of Heirship is a legal document used to declare the legal heir of someone who died
without a will. An Affidavit of Heirship makes it possible for the deceased's assets to be
transferred to the rightful heir.
To ensure no one takes advantage of the deceased's death, an Heirship Affidavit must be signed
by two witnesses who have no interest or stake in the matter.
AFFIDAVIT OF LOSS
An affidavit of loss is a document declaring the loss of a security usually through theft or
destruction. The affidavit contains all the details regarding the loss, such as the owner's H name
and any information pertaining to the security. That information may include a serial number or
the security's date of issue.
An Affidavit of Loss contains the following essential parts:
1. Title of the document
2. Your name, statement that you are of legal age, civil status, citizenship, and residence address.
3. A narration of the circumstances of the loss, which includes (i) description of the item or
document lost; (ii) description of how it got lost; (iii) the effort exerted to find it; and (iv) your
request for a replacement of the item or document lost.
4. The signature of the affiant. Affiant is the person executing/signing the document.
5. The jurat. The jurat is the oath or affirmation before the notary public that you have
personally executed the document in the presence of the notary.
DEPOSITION OF WITNESS
Part of a pretrial process includes getting statements from individuals who are likely to be called
to testify in court. Depositions are intended primarily to find out what the other side knows.
Unlike Hollywood trials, real trials did not permit "surprise evidence". Depositions are
completed during the fact-finding or discovery stage, and information that is not brought forth
during this period typically is inadmissible during a trial.
Prior to deposing individuals, attorneys from the plaintiffs will typically submit interrogatories or
written questions to the defendants. The exchange between the plaintiffs in the defense may be
ongoing for an extended period of time as information is obtained. During this questioning, it's
quite often to ask names of those who have specific knowledge regarding the plaintiff's case.
These individuals are to be identified as accurately as possible by the defense. If the defense
intends to use expert witnesses, an affidavit describing the opinion of the expert is to be provided
as part of the discovery process. This affidavit usually serves as the basis for beginning
depositions of the experts
PRELIMINARY INVESTIGATION
A preliminary investigation is an administrative inquiry conducted by a public prosecutor, for the
purpose of determining whether there is probable cause to believe that a crime has been
committed and that the respondent is probably guilty, and should be held for trial.[2] It may be
initiated by a private complainant or a law enforcement agency. During the preliminary
investigation, the parties are given an opportunity to submit their respective affidavits in support
of their claims and defenses. The process takes place in face-to-face hearings before the public
prosecutor. The preliminary investigation may either lead to the filing of a formal charge in
court, known as 'an information, or the dismissal of the complaint.
When information is filed in court, the determination of the criminal case will be within its
exclusive jurisdiction and competence, and no longer with the public prosecutor. Once in court,
the Revised Guidelines generally apply to the proceedings.
MOTION FOR RECONSIDERATION
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion
for reconsideration is an application to the Court requesting that the Court alter or amend a
judgment or order, and it must be served no later than twenty (20) days after the order has been
served on all parties. June 21, 2022
NOTICE OF APPEAL.
The notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or
part thereof appealed from, specify the court to which the appeal is being taken, and state the
material dates showing the timeliness of the appeal.
COMMITMENT ORDER
A written order of the court, or any agency authorized by law to issue, entrusting an inmate to a
jail for the purpose of safekeeping during the pendency of his/her case.