Legal Matters – Page 5

You recently found out that the correct spelling of your name, as indicated in your birth certificate, is Marco and not Marko, which you have used since you were in grade school. In cases like this, you may need an Affidavit of Discrepancy, and this guide is here to help you draft the affidavit to correct the error. 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 Discrepancy? An Affidavit of Discrepancy is a statement under oath attesting to the truthfulness of a fact, in this case, the discrepancy in the entries in documents, with the purpose of explaining and clearing the discrepancy. This type of affidavit is usually required by a local Civil Registrar when you want to correct clerical errors such as the spelling of your name, day and month of your birthday, etc. in a Certificate of Live Birth, Certificate of Marriage, or Death Certificate of a deceased. Affidavit of Discrepancy is also a requirement if you want to correct personal information in your records in government offices such as the Civil Service Commission. What Is the Difference Between an Affidavit of Discrepancy and an Affidavit of Two Disinterested Persons? In an Affidavit of Discrepancy, the person subject of the document is the one executing or signing the affidavit and attesting to the truthfulness of the statement, while in the Affidavit of Two Disinterested Persons, the two persons who have no interest in the outcome of the affidavit but have personal knowledge of the facts attested to are the ones executing or signing the document. How To Obtain an Affidavit of Discrepancy: 3 Steps Preparing an Affidavit of Discrepancy is easy with these three simple steps: 1. Prepare the document An Affidavit of Discrepancy contains the following essential parts: Title of the documentYour name, statement that you are of legal age, civil status, citizenship, and residence address. A narration of the circumstances surrounding the discrepancy, which may include the description of documents where the discrepancy is found and an explanation of the discrepancy.The signature of the affiant. Affiant is the person executing/signing the document.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. 2. Print at least three copies of the document The notary public will retain one copy.One copy goes to the office where you’ll submit the document.One copy goes to you for your file. 3. Go to the notary public to have the document notarized Don't forget to bring a valid ID as the notary public will need to validate the identity of the affiants. Free Downloadable/Editable Affidavit of Discrepancy Sample Templates To save you the hassle of writing an Affidavit of Discrepancy from scratch, you may download the following sample Affidavit of Discrepancy and just edit the contents based on the above guide. 1. Affidavit of Discrepancy in Name Spelling 2. Affidavit of Discrepancy in Mother’s Maiden Name Frequently Asked Questions 1. Should the Affidavit of Discrepancy be notarized? Yes. The Affidavit of Discrepancy 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 the crime of perjury. 2. How much is the notarization of the Affidavit of Discrepancy? 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 Discrepancy? Yes. If you are indigent, you may be able to get your Affidavit of Discrepancy 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 their constituents.