Are you planning to draft an Affidavit of Two Disinterested Persons but unsure of how to do it or who should sign the document? This guide is here to help you.
DISCLAIMER: This article has been written for general informational purposes only and is not legal advice or a substitute for legal counsel. You should contact your attorney to obtain advice with respect to any particular issue or problem. The use of the information contained herein does not create an attorney-client relationship between the author and the user/reader.
What Is an Affidavit of Two Disinterested Persons?
An Affidavit of Two Disinterested Persons is a statement or narration of facts executed by two persons and subscribed and sworn to before a notary public.
Who Can Execute an Affidavit of Two Disinterested Person?
The two persons who will sign the affidavit must:
- Be disinterested persons or have no interest in whatever the affidavit could be of use either directly or indirectly.
- Not be related by consanguinity or affinity to the person subject of the affidavit. Hence, your parents, grandparents, uncle/aunt, siblings, or your children and grandchildren are disqualified from executing this type of affidavit.
- Have personal knowledge of the circumstances or facts they are attesting.
What Is the Affidavit of Two Disinterested Person Used For?
An Affidavit of two Disinterested Person is a requirement when you apply for late registration of birth, marriage, or death of a person.
Generally, you will also need an Affidavit of Two Disinterested Persons when you need witnesses to establish a fact. For example, when you claim benefits in SSS, there are discrepancies in your birth certificate and your government-issued IDs or other documents.
How To Draft an Affidavit of Two Disinterested Persons: 4 Steps
With this guide, drafting an Affidavit of Two Disinterested Person is easy.
1. Look for two qualified persons, based on the criteria set above, who will sign the affidavit
2. Prepare the document
An Affidavit of Two Disinterested Persons contains the following essential parts:
- Title of the document.
- The names of the two disinterested persons, statements that they are of legal age, their civil status, citizenship, and residence address.
- A narration of what the two disinterested persons are attesting, which include: the name of the person subject of the affidavit; a narration of the facts or circumstances of the person subject of the affidavit; why they know such facts or circumstances to be true; and a statement that they have no interest in the outcome of the affidavit and that they are not related to him/her.
- The signature of the affiants. Affiants are the persons executing/signing the affidavit.
- The jurat. The jurat is the oath or affirmation before the notary public that both persons have personally executed the document in the presence of the notary.
3. Print at least three copies of the document
- The notary public will retain one copy.
- One copy goes to the office where you will submit the document.
- One copy goes to you for your file.
4. Go to the notary public to have the document notarized
Do not forget to bring a valid ID as the notary public will validate the identity of the affiants.
Free Downloadable/Editable Affidavit of Two Disinterested Persons Sample Templates
To save you the hassle of writing an Affidavit of Two Disinterested Persons from scratch, you may download the following sample and just edit the contents based on the above guide:
Frequently Asked Questions
1. Should the Affidavit of Two Disinterested Person be notarized?
Yes. The Affidavit of Two Disinterested Persons should be notarized because it’s a legal document executed under oath meaning you’re attesting to the whole truth of the contents of your affidavit. That is the purpose of the jurat, which starts which the words “SUBSCRIBED AND SWORN TO..”
If your statement is false, you can be prosecuted for a crime of perjury.
2. How much is the Affidavit of Two Disinterested Persons?
The going rate for notarization of Affidavit of Two Disinterested Persons usually starts at Php 100. The cost varies depending on the place and the notary public itself.
3. Can I get a free Affidavit of Two Disinterested Persons?
Yes. If you are indigent, you may be able to get your Affidavit of Two Disinterested Persons notarized for free at the Public Attorney’s Office as the latter offers notarial services to indigent persons.
To be considered indigent, your family income should not exceed Php 14,000 per month if you are residing in Metro Manila, Php 13,000 for other cities, and Php 12,000 for all other places.
You may check the Legal Office or the City Councilor Office of your city or municipality as they sometimes offer free notarial services to its constituents.