What Is an Affidavit of Good Faith?
An Affidavit of Good Faith is a sworn declaration that the affiant entered into a transaction honestly, without fraud, without knowledge of any adverse claim, and with genuine belief in their right or title to act as they did. Under Philippine property law, good faith is a legally significant concept — it protects buyers, mortgagees, and other parties from defects in title they were unaware of.
In the context of the Torrens system, a buyer "in good faith" (without notice of any lien, encumbrance, or adverse claim) who registers their title acquires indefeasible title against the world. An Affidavit of Good Faith documents this legal status at the time of the transaction.
Common Uses in Philippine Practice
- Real estate mortgage — both the mortgagor and mortgagee may execute Affidavits of Good Faith as required by the Register of Deeds or lending institution
- Sale of real property — buyer attests to having no knowledge of adverse claims, encumbrances, or prior transactions
- Extra-judicial foreclosure — the mortgagee attests to the fact of default and absence of fraudulent intent in proceeding with foreclosure
- Court pleadings — to support a party's claim to equitable protection as an innocent purchaser or mortgagee for value
- Partition proceedings — parties attest to good faith in asserting their respective shares
Free Affidavit of Good Faith Template
I, [AFFIANT'S FULL NAME], [age] years old, [civil status], Filipino, with residence at [complete address], after being duly sworn in accordance with law, hereby depose and state that:
1. I am the [Buyer / Mortgagee / [other party]] in the [Deed of Absolute Sale / Real Estate Mortgage / other instrument] covering the property described as [brief property description], covered by [TCT/CCT No. ], situated at [location].
2. I am entering into said transaction in good faith, for valuable consideration, and without any fraudulent intent or design.
3. Prior to executing said instrument, I caused a verification of the title of the property at the Registry of Deeds and found no adverse annotations, encumbrances, liens, or claims thereon that would affect my [purchase / mortgage].
4. I was not aware of, nor did I have any notice of, any prior transaction, claim, or adverse interest affecting said property at the time of the execution of the aforesaid instrument.
5. I am executing this Affidavit of Good Faith freely and voluntarily for the protection of my rights and interests in the said transaction and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 at , Philippines.
SUBSCRIBED AND SWORN TO BEFORE ME, this day of , 20, in , Philippines. Affiant exhibited to me his/her Competent Evidence of Identity: .
PTR No.
IBP No.
Roll No.
MCLE Compliance No.
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