AFFIDAVIT: A BRIEF INTRODUCTION Section 2 Rule IV of A.M No.
02-8-13-SC,
2004 Rules on Notarial Practice → "Notarial
What is an Affidavit?
Rules" states notary public shall not perform
✓An affidavit is a formal sworn statement notarial act outside his regular place of
of fact, signed by the declarant called an work or business xxx"
affiant and witnessed by a taker of oaths
OTHER USES OF AFFIDAVITS
such as notary public.
1) Allow evidence to be gathered from
The name is Medieval Latin for 'he has
witnesses or informants who may not be
declared upon oath’.
available to testify in person before the
✓Under Section 50 of RA No. 6975, it court, or who may otherwise fear for their
allows among others, the officers of the safety if their identities are revealed in court.
PNP from the rank of lieutenant to police
2) Obtain a declaration on legal document
colonel who shall have the power to
that the information provided by the
administer oaths on matters which are
applicant is truthful to the best of the
connected with the performance of their
applicant's knowledge. If, after signing such
official duties.
a declaration, the information is found to be
✓Affidavits may be written in the first or untrue with the intent to deceive, the affiant
third person, depending on who drafted the may face perjury charges.
document.
POINTERS IN WRITING AN AFFIDAVIT
If in the first person, the documents
1) Use simple and understandable words.
components parts are:
Judges and prosecutors appreciate more
1)A commencement which identifies the when affiants use simple and ordinary
affiant; words which tends to clarify a point rather
than further create questions due to the use
2)The individual averments, almost always of highfalutin words or jargon.
numbered as mandated by law, each one
making a separate claim; 2) Be direct to the point. Do not beat
around the bush. Be direct but organize
3)A conclusion generally stating that your presentation in a clear and logical
everything is true, under penalty of perjury, manner.
fine or imprisonment; and 4)An attestation,
usually a jurat, at the end certifying the Prosecutors, judges and other disciplinary
affiant made oath and the date. authorities look on facts and not merely on
general statement of facts, allegations,
Note: The venue is the designation of the and/or defenses.
place where the affidavit was taken to show
whether the notary public has acted within 3) Review your output. Your affidavit must
his jurisdiction ensure to include relevant facts only and
discard opinions not supported by
documents or evidence Allegations must be certifies that the same was sworn before
backed up by evidence in order to gain merit him.
otherwise, such general assertions will not
hold water for being merely an allegation.
→used in affidavits, certifications,
verifications of wherever the person
PARTS OF AFFIDAVIT WRITING executing a document or instrument makes
a statement of facts or attests to the truth
1) SCILICET - used to particularize a general
of an occurrence of an event under oaths.
statement, i.e Republic of the Philippines,
SS, Caloocan City means that the document Example:
or affidavit was from the Republic of the
Philippines, more particularly in the city of
Caloocan.
Example: →an act in which an individual on a single
occasion ▪ appears in person before the
notary public and presents an instrument or
2) BODY - statement of the fact/s attested document;
to by the affiant, who should have actual
knowledge of the same and not merely a
▪ is personally known to the notary public or
identified by the notary public through
belief, opinion, or one which the affiant has
competent evidence of identity as defined
heard from other person/s.
by these Rules;
Drafting an affidavit is just like story-telling
making a narration of the events that
▪ signs the instrument or document in the
presence of the notary; and ▪ takes an oath
transpired which is under oath to authorized
or affirmation before the notary public as to
person to administer oaths. Hence, the
such instrument or document.
affiant runs the risk of possible legal action
for dishonesty and/or perjury.
The body of an affidavit may be in the form
of: (a) narration or (b) question and answer.
In the police organization, it is the question
and answer that is being utilized by the
investigators.
3) SIGNATURE - found below the body of
the affidavit, asserting that the information
is true and that it was derived from personal
knowledge of the facts contained in the
affidavit.
4) JURAT - that part of an affidavit where
the authorized administering officer
LEGAL CONSEQUENCES OF FALSE AND is, it is made for a legal purpose.
UNTRUTHFUL FACTS IN AN AFFIDAVIT
Note: There could be no perjury through
A person who made any false and untruthful negligence or imprudence. → requirement:
facts in an affidavit will be held criminally the assertion of a falsehood be made
and/or civilly liable both. willfully and deliberately → good faith or
lack of malice is a defense in perjury. It is
He may be criminally liable for Article 183 of
not necessary that there be a law requiring
the Revised Penal Code and/or civilly liable
the statement to be made under oath, as
for damages under Article 33 of the New
long as it is made for a legal purpose.
Civil Code.
Subornation of perjury is committed by a
Article 100 of the Revised Penal Code. Civil
person who knowingly and willfully procures
liability of a person guilty of felony. - Every
another to swear falsely and the witness
person criminally liable for a felony is also
suborned does testify under circumstances
civilly liable.
rendering him guilty of perjury [US vs.
Article 33 of the New Civil Code. In cases of Ballena] Subornation of perjury is not
defamation, fraud, and physical injuries a expressly penalized in the RPC; but the
civil action for damages, entirely separate direct induction of a person by another to
and distinct from the criminal action, may commit perjury may be punished under
be brought by the injured party. Article 183 in relation to Article 17.
Such civil action shall proceed DIFFERENCE BETWEEN OATH AND
independently of the criminal prosecution, AFFIDAVIT
and shall require only a preponderance of
Oath - refers to any form of attestation by
evidence.
which a person signifies that he is bound by
Elements of Perjury under Art. 183 of the conscience to perform an act faithfully and
RPC: truthfully.
1) Offender makes a statement under oath Affidavit - simply refers to a sworn written
or executes an affidavit upon a material statement made upon oath before an
matter; authorized administering officer.
2) The statement or affidavit is made before Commonly Used Affidavits by LEAs:
a competent officer, authorized to receive
*Affidavit of Arresting Officers – Any
and administer oaths;
Crime/s *Affidavit of Complaint - Any
3) Offender makes a willful and deliberate Crime/s or admin case.
assertion of a falsehood in the statement or
*Affidavit of Witness – Any Crime/s or
affidavit; and
admin case *Affidavit of Denial for NBI
4) The sworn statement or affidavit Clearance *Affidavit of Undertaking
containing the falsity is required by law, that *Affidavit of Loss *Affidavit of Explanation
