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Affidavit Of Discrepancy for Philippines

Affidavit Of Discrepancy Template for Philippines

An Affidavit of Discrepancy is a formal sworn statement used in the Philippines to correct errors, inconsistencies, or discrepancies in official documents such as birth certificates, marriage certificates, or other legal documents. This document, governed by Philippine law including the 2004 Rules on Notarial Practice and relevant provisions of the Civil Code, must be executed before a notary public and contains detailed explanations of the discrepancy, the correct information, and the reasons for the error. It serves as a legal instrument to officially acknowledge and rectify clerical errors, misspellings, or other inconsistencies in official records.

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What is a Affidavit Of Discrepancy?

An Affidavit of Discrepancy is a crucial legal instrument in the Philippine legal system used when there are errors, inconsistencies, or discrepancies in official documents that need correction. This document type is particularly relevant when dealing with variations in names, dates, or other information across different official records. The affidavit must be executed in accordance with Philippine law, specifically following the 2004 Rules on Notarial Practice and related regulations. It requires notarization and typically includes detailed information about the affiant, specific details about the discrepancy, supporting evidence, and a clear statement of the correct information. The document is commonly used in various administrative and legal proceedings, from simple clerical error corrections to more complex legal matters where document accuracy is crucial.

What sections should be included in a Affidavit Of Discrepancy?

1. Title and Venue: States 'AFFIDAVIT OF DISCREPANCY' and specifies the jurisdiction where the affidavit is being executed

2. Affiant's Information: Full name, age, citizenship, civil status, and complete address of the person executing the affidavit

3. Competency Declaration: Statement that the affiant is of legal age and sound mind, competent to execute the affidavit

4. Document Identification: Identifies the document(s) containing the discrepancy (e.g., birth certificate, marriage certificate, etc.)

5. Description of Discrepancy: Detailed explanation of the error or inconsistency found in the document

6. Correct Information: Clear statement of the correct information that should appear in the document

7. Reason for Discrepancy: Explanation of how or why the discrepancy occurred

8. Purpose Declaration: States the purpose for executing the affidavit and how it will be used

9. Verification and Certification of Truthfulness: Statement affirming that the contents are true and correct of affiant's own personal knowledge

10. Jurat: Notarial section where the affiant swears to the truthfulness of the contents before a notary public

What sections are optional to include in a Affidavit Of Discrepancy?

1. Supporting Facts: Additional background information or context that helps explain the discrepancy, used when the error's origin needs detailed explanation

2. Witness Statements: References to supporting witnesses who can attest to the correct information, used when external verification is helpful

3. Government Agency Declaration: Special statements required by specific government agencies, used when the affidavit will be submitted to particular departments

4. Reference to Supporting Documents: List and description of attached supporting documents, used when additional documentary evidence is available

5. Non-Prejudice Declaration: Statement that the correction will not prejudice any third party, used in cases involving potential legal implications

6. Previous Correction Attempts: Description of any previous attempts to correct the discrepancy, used when there is a relevant history of correction attempts

What schedules should be included in a Affidavit Of Discrepancy?

1. Certified True Copies: Copies of the document(s) containing the discrepancy, certified by appropriate authorities

2. Supporting Documents: Relevant documents that prove the correct information (e.g., baptismal certificates, school records, etc.)

3. Government IDs: Copies of valid government-issued IDs of the affiant

4. Witness Identification: Copies of IDs of any witnesses mentioned in the affidavit, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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Legal Services

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