Affidavit of Discrepancy Philippines: Free Sample & Guide

An Affidavit of Discrepancy is a sworn statement used to explain a conflicting entry that appears across a person's documents — and to affirm which entry is the true and correct one. Filipinos most often need one when a name is spelled differently, a middle name is missing, or a date of birth does not match from one record to another. Because it is executed under oath before a notary public, it lets the PSA, the Local Civil Registrar, schools, banks, and government agencies reconcile the inconsistency and confirm that the records refer to the same person.

What Is an Affidavit of Discrepancy?

An Affidavit of Discrepancy is a notarized declaration in which the affiant identifies a specific inconsistency between his or her records, states the entry that was erroneously recorded, and affirms the true and correct entry — usually supported by a controlling document such as the PSA birth certificate. It is frequently used to explain differences in a surname, a middle name, a first (given) name, or a date of birth, and to declare that two slightly different forms of a name refer to one and the same person.

Crucially, the affidavit only explains and reconciles facts that already exist; it does not amend the civil registry. It is the bridge that lets a transaction proceed despite the mismatch, and it is often filed together with the supporting record it relies on.

When Do You Need an Affidavit of Discrepancy?

Common situations in the Philippines where an Affidavit of Discrepancy is required:

• PSA birth certificate vs. school records — the name or birth date on your PSA record differs from your Form 137, transcript, or diploma
• PSA vs. government IDs and benefits — a mismatch between your birth certificate and your SSS, GSIS, Pag-IBIG, or PhilHealth records
• PSA vs. passport or driver's license — the DFA or LTO flags a different spelling or date before issuing or renewing
• Inconsistent name across bank records and titles — different forms of the same name appear on accounts, loans, or property documents
• Employment and enrollment — an employer or school requires a single, consistent identity before processing your records
• "One and the same person" declarations — two name forms (for example, with and without the middle name) need to be tied to the same individual

Affidavit of Discrepancy vs. RA 9048 / RA 10172 Petition

This distinction is the single most important thing to understand before you sign. An Affidavit of Discrepancy explains a difference between documents and asserts your true identity — it does not change the entry in the PSA or civil-registry record.

To actually correct the registered record, you file a petition with the Local Civil Registry Office (LCRO). Under Republic Act No. 9048, as amended by Republic Act No. 10172, the LCRO may administratively correct a clerical or typographical error, and may change a first name, the day and month of birth, or the sex entry, without a court order. Substantial changes — to the surname, nationality, civil status, legitimacy, or filiation — generally require a judicial petition under Rule 108 of the Rules of Court. Use the affidavit to bridge documents or where the agency only needs an explanation; use the petition where the record itself must be corrected.

Required Contents of the Affidavit

A proper Philippine Affidavit of Discrepancy should state the following clearly:

1. Affiant's identity — full name, civil status / description, and residence
2. The erroneous entry — exactly how the surname, middle name, first name, or date of birth was recorded, and the source document it appears in (and, where applicable, the Office of the Civil Registrar that recorded it)
3. The true and correct entry — the correct value, with the supporting evidence (optionally attached as Annex "A")
4. Consistency clause (optional) — that you have used the correct entry in all your other pertinent documents
5. Purpose — that the affidavit is executed to explain the discrepancy and attest to the truth of the foregoing
6. Jurat — sworn before a notary public with competent evidence of identity
7. Notarial register — the Doc./Page/Book/Series details completed by the notary

Free Sample — Affidavit of Discrepancy

Below is a complete sample explaining a surname discrepancy on a PSA birth certificate, rendered exactly as Legalia generates it. Use Legalia Pro to generate a notary-ready version with your own details filled in, and to toggle optional clauses such as the Annex evidence, the pertinent-documents clause, and the identification block.

The same generator also supports a "one and the same person" variant when two different name forms refer to the same individual across documents. It produces the four numbered clauses below:

Step-by-Step: Generate an Affidavit of Discrepancy with Legalia

1. Log in and open the Affidavit of Discrepancy. Sign in to your Legalia dashboard and, under the Affidavits category, select Affidavit of Discrepancy. The two-panel editor opens — form on the left, live preview on the right.
2. Enter the affiant and discrepancy details. Fill in your name, civil status / description, and address, then choose what is discrepant — surname, middle name, first name, date of birth, or a "one and the same person" name format — and enter the erroneous entry and the true and correct entry.
3. Identify the documents. Name the source document (e.g., your Certificate of Live Birth) and, where relevant, the Office of the Civil Registrar that recorded it, plus the evidence supporting the correct entry.
4. Toggle the optional clauses. Turn on the Annex "A" attachment, the pertinent-documents consistency clause, and the competent-evidence-of-identity block as your situation requires, then review the live preview.
5. Print or export. Click Print and choose Save as PDF, or export to Word. Then personally appear before a notary public with competent evidence of identity so the jurat block can be completed.

Common Mistakes to Avoid

• Using an affidavit to "correct" the PSA record. An Affidavit of Discrepancy explains a difference; it does not amend the civil registry. Where the entry itself must be changed, file an RA 9048 / RA 10172 petition with the LCRO (or a Rule 108 court petition for substantial errors).
• Failing to attach the evidence. Reference the controlling document and, where possible, attach it as Annex "A" so the notary and the receiving agency can see the basis for the correct entry.
• Vague erroneous-value statements. Quote the erroneous and correct entries exactly as they appear — do not paraphrase or "clean up" the wrong spelling, or the affidavit loses its explanatory value.
• Missing competent evidence of identity. The affiant must appear before the notary with a valid ID; without it, the jurat cannot be completed and the affidavit will not be accepted.

Frequently Asked Questions