General Affidavit (Philippines)

A General Affidavit in the Philippines provides a formal sworn account of the facts it concerns, executed in the manner the law requires for it to be relied on.

The legal foundation for affidavits in Philippine law derives from Rule 130, Section 20 of the Revised Rules on Evidence (A.M. No. 19-08-15-SC, 2019), which provides that the testimony of witnesses must be given under oath or affirmation. An affidavit made before a notary public carries the presumption of regularity under Section 44 of the same Rules and may be used as evidence in administrative, quasi-judicial, and judicial proceedings. False statements in a notarized affidavit constitute perjury under Article 183 of the Revised Penal Code (Act 3815), punishable by arresto mayor in its maximum period to prision correccional in its minimum period — imprisonment of two months and one day to two years and four months.

A General Affidavit is distinguished from specialized affidavits such as an Affidavit of Loss (specifically for lost documents or property), an Affidavit of Support and Consent (for minor travel under Bureau of Immigration Operations Order SBM-2014-052), an Affidavit of Cohabitation (for marriage license exemption under Article 34 of the Family Code), or a Counter-Affidavit (filed as a defense in preliminary investigation proceedings before the Office of the City or Provincial Prosecutor under Rule 112 of the Revised Rules of Criminal Procedure). The General Affidavit is used when none of these specialized forms applies and a sworn statement attesting to general facts is needed.

Under the 2004 Rules on Notarial Practice, the notary public must personally examine the affiant, ascertain the affiant's identity through competent evidence of identity (government-issued ID with photo and signature), and administer the oath before signing the jurat. The jurat — the certification at the end of the affidavit confirming that the document was subscribed and sworn before the notary — must include the date and place of notarization, the notary's commission details, PTR number, IBP number, and Roll of Attorneys number.

The legal framework governing the General Affidavit (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a General Affidavit (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.

A General Affidavit in the Philippines is needed whenever a person must formally attest to facts under oath for a transaction requiring documentary proof that cannot be obtained from official records alone.

A General Affidavit is required when reporting the loss of an important document such as a passport, driver's license, land title, company ID, or bank passbook. The LTO, DFA, LRA, and banks all require an Affidavit of Loss before issuing a replacement. The affiant declares the circumstances of the loss and undertakes liability for any misuse of the missing document.

A General Affidavit is needed to explain a discrepancy in name spelling, date of birth, or other data between different government records — for example, a difference between the PSA birth certificate and an SSS record or school diploma. Government agencies including the PSA, SSS, PhilHealth, and Pag-IBIG Fund routinely require a sworn explanation before correcting or reconciling records.

A General Affidavit is required when applying for employment in government agencies, the Armed Forces of the Philippines (AFP), or the Philippine National Police (PNP) to attest to good moral character, absence of pending criminal cases, and non-membership in subversive organizations under Republic Act 1700.

A General Affidavit is needed when a taxpayer must explain the source of funds, assets, or transactions to the Bureau of Internal Revenue (BIR) during a tax audit or assessment proceeding under Section 6 of the National Internal Revenue Code (NIRC, RA 8424 as amended by TRAIN Law RA 10963).

A General Affidavit is required when a barangay official, employer, or educational institution needs a formal sworn declaration regarding residency, employment status, civil status, or any other factual matter relevant to a benefit, permit, or certification being applied for under the Local Government Code (RA 7160).

A valid General Affidavit in the Philippines must contain the following elements to satisfy notarial requirements and be accepted by government agencies.

Venue: The Republic of the Philippines, city or municipality, and province where the affidavit is executed. This establishes jurisdiction and the competency of the notary public commissioned for that territory.

Affiant identification: Full legal name, age, civil status, nationality, complete residential address, TIN issued by the Bureau of Internal Revenue, and Community Tax Certificate (cedula) number, date, and place of issuance as required by Section 163 of the Local Government Code (RA 7160). These details authenticate the identity of the person making the sworn statement.

Introductory clause: A standard opening statement that the affiant has been duly sworn in accordance with law and voluntarily deposes and states the following facts — establishing that the oath was administered and that the statements are voluntary.

Factual body: Numbered paragraphs setting out the specific facts being attested to. Each paragraph should state one clear, verifiable fact. Statements must be within the personal knowledge of the affiant; hearsay must be identified as such and attributed to its source.

Purpose clause: A statement that the affidavit is being executed for a specific purpose — for example, to support an application for replacement of a lost document, to explain a discrepancy in records, or to attest to good moral character — and that the affiant understands the consequences of making false statements under Article 183 of the Revised Penal Code.

Cedula and TIN: The affiant's Community Tax Certificate number, place of issuance, and date must appear immediately below or near the affiant's signature block.

Jurat: The notary public's certification under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), recording that the affiant personally appeared, was identified, signed in the notary's presence, and the oath was administered. The notary's commission number, PTR, IBP, Roll of Attorneys number, notarial seal, and document registry entries must appear.

Additional compliance elements for a General Affidavit (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.