Legal

Forms
Affidavits
Affidavit Defined
• An affidavit is an ex parte statement in
writing and sworn to or affirmed
before some person legally authorized
to administer an oath or affirmation (1
Am. Jur. 934). It is made without
notice to the adverse party or the
opportunity to cross-examine (1 Am.
Jur. 935).
Principal Parts of
Affidavit
• venue
• body of an affidavit
• signature of the affiant
• jurat
Parts of Affidavit: Venue
• is the designation of the place
where the affidavit was taken. Its
purpose is to show whether the
official administering the oath or
affirmation has acted within his
jurisdiction. (1 Am. Jur. 944)
Parts of Affidavit: body
• It the part which sets forth the declaration
or declarations of the affiant

• The facts stated in the body of an

affidavit must be stated positively, not
merely as a matter of belief, by one having
actual knowledge of the facts and its
allegations should be full, certain and
exact. (1 Am. Jur. 948-950)
Parts of Affidavit: body
• A. Opening Statement
• An opening statement where the
affiant states his name,
nationality, that he is of legal age,
his residential address and that he
has been sworn to in accordance
with law.
Parts of Affidavit: body
(B)
• It the part which sets forth the
declaration or declarations of the
affiant
• The facts stated in the body of an
affidavit must be stated positively,
not merely as a matter of belief, by
one having actual knowledge of the
facts and its allegations should be full,
certain and exact. (1 Am. Jur. 948-
Parts of Affidavit: body
• Knowledge of affiant. – The
primary qualification of an affiant
is the he has knowledge of facts,
the truth of which he affirms.
Parts of Affidavit: signature
• The proper place of
signature is below the body
of the affidavit. (1 Am. Jur.
944)
Parts of Affidavit: jurat
• Jurat is that part of an affidavit in which
the officer certifies that the instrument was
sworn to before him. It is not part of the
affidavit. (Words and Phrases, Vol. 23, p.
355; see also Am. Jur. 945)
• The usual and proper form of the jurat is
“subscribed and sworn to before me”,
followed by the date and the signature of
the officer. (1 Am. Jur. 945)
Parts of Affidavit: jurat
• Jurat is that part of an affidavit in which the officer
certifies that the instrument was sworn to before him. It is
not part of the affidavit. (Words and Phrases, Vol. 23, p.
355; see also Am. Jur. 945)
• The usual and proper form of the jurat is “subscribed and
sworn to before me”, followed by the date and the
signature of the officer. (1 Am. Jur. 945)
Other notes:
• Scilicet. – The letters “SS” means ‘scilicet.” The use of
such words in legal documents is to particularize that
which has been stated before in general. (Words and
Phrases, Vol. 38 p. 334)
• It is the clause to usher in the sentence of another. It
came to be contracted into “SS”. Its chief use was in
connection with the venue of an action. Scilicet was used
to particularize a general statement.
• The omission of “SS” in the legal document is not
material so as to invalidate it.
Other notes:
• Videlicet. – words “to wit” as used in a pleading or
document are termed a “videlicet”, the natural and proper
use of which is to particularize that which is merely
general in the preceding statement.
Other notes:
• Affidavit for corporation. – The affidavit for a
corporation may be made by an officer, agent or attorney
or a person authorized to execute such affidavit for the
corporation.
Other notes:
• Affidavit for corporation. – The affidavit for a
corporation may be made by an officer, agent or attorney
or a person authorized to execute such affidavit for the
corporation.
Affidavit, General Form
Affidavit, General Form
Affidavit of Birth (body)
Affidavit of Death (body)
Affidavit of Loss (body)
Affidavit of Mailing (body)
Affidavit of
Desistance
It means the complainant states
that he or she did not really
intend to institute the case and
that he is no longer interested in
testifying or prosecuting.
Affidavit of Merit
affidavit of merit must not only contain
facts constituting the movant's good
and substantial defenses but must
also state the nature and character of
the fraud, accident, mistake or
excusable negligence on which the
motion for relief was based.
Affidavit of
Publication
• An Affidavit of Publication is a
sworn, written statement made in
the presence of a notary public or
a person who is authorized to
administer an oath, attesting that
the publication took place on
specified days.
When it is required?
• Certain states require a new entity
(e.g. corporation, LLC, or sole
proprietorship) to publish anywhere from
one to three announcements in an
approved newspaper or journal in order to
inform the interested public of the
formation of the entity.
• Affidavits of Publication are used submitted
to the state or local authorities as proof
that the entity has met the publication
requirements.
Affidavit of Consolidation of
Ownership
• A sale with pacto de retro transfers the legal title
to the vendee a retro. The essence of a pacto de
retro sale is that the title and ownership of the
property sold are immediately vested in the
vendee a retro, subject to the resolutory
condition of repurchase by a vendor a retro to
repurchase the property within the period agreed
upon by them, or, in the absence thereof, as
provided by law, vests upon the vendee a retro
absolute title and ownership over the property
sold by operation of law.
AFFIDAVIT OF LOSS
 What is Affidavit of
Loss?
An Affidavit of Loss is a written
statement that describes the facts
concerning the loss of an object, usually a
document such as an identification card,
a driver's license, passport, or
documents relating to the registration of
vehicles.
How to Use
Document?This
∙ This document should be completed by a
person, known as the Affiant, who can attest
under oath of their personal knowledge of the
circumstances of the loss of the object.

∙ The Affiant is usually the owner of the lost

object, especially if the affidavit is going to be
used to support an application for a
replacement of the lost object.

∙ The document includes identifying

information of the Affiant, including their
name, citizenship, age, and address.
∙ If the Affiant is a minor, the user will be asked
the name of the guardian who
will accompany the Affiant to the notary
public and sign the affidavit.

∙ The guardian is the legal guardian who may be

the parents or a court-appointed guardian.

∙ The document then describes the object that

was lost and the circumstances of the loss.
∙ Finally, the document explains that the
information stated therein are based on the
personal knowledge of the Affiant and the
Affiant verifies the truth of the said
information.

∙ Finally, the Affiant may request for a

replacement of the lost document or the
object.

∙ Once the affidavit has been completed, the

Affiant must print at least 2 copies of the
document. Thereafter, the Affiant
must personally appear before a notary
public and present at least one current
identification document (I.D.) issued by an
official agency bearing the photograph and
∙ The affiant must swear under oath the
whole truth of the contents of the affidavit
and then sign all copies of the affidavit. If
the Affiant is a minor, the Affiant must be
accompanied by a legal guardian, which
may a parent or a court-appointed
guardian, when signing the affidavit. The
guardian must also sign the affidavit.

∙ The Affiant will be asked to leave one

original copy for the files of the notary
public.

∙ Once notarized, the Affiant may use the

document as needed, including as support
for any application for a replacement of the
lost object.
Other names for the document:
• Affidavit of Loss of ID;
• Affidavit of Loss of School ID;
• Affidavit of Loss of Company ID;
• Affidavit of Loss of Driver's License
• Affidavit of Loss of Car Registration
Documents
• Etc.
 Applicable Law

Affidavits are governed by the 2004 Rules on

Notarial Practice.
COUNTER AFFIDAVIT
How is the Counter-Affidavit
submitted by the respondent?
• Within ten (10) days from receipt of the
subpoena with the complaint and supporting
affidavits and documents, the respondent shall
submit his counter-affidavit and that of his
witnesses and other supporting documents
relied upon for his defense.
• The counter-affidavits shall be subscribed and
sworn to and certified before the investigating
prosecutor (which means that the respondent
must generally be present during the
submission of the counter-affidavit), with
copies furnished to the complainant.
• The respondent is not be allowed to file a
SEC.3, RULE 112, RULES OF COURT
(c) Within ten (10) days from receipt of the subpoena with the
complaint and supporting affidavits and documents, the respondent
shall submit his counter-affidavit and that of his witnesses and other
supporting documents relied upon for his defense. The counter-
affidavits shall be subscribed and sworn to and certified as provided
in paragraph (a) of this section, with copies thereof furnished by him
to the complainant. The respondent shall not be allowed to file a
motion to dismiss in lieu of a counter-affidavit.

(a)The complaint shall state the address of the respondent and shall
be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish
probable cause. They shall be in such number of copies as there
are respondents, plus two (2) copies for the official file. The
affidavits shall be subscribed and sworn to before any prosecutor
or government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of whom
must certify that he personally examined the affiants and that he is
(d) If the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counter-affidavits within the
ten (10) day period, the investigating office shall resolve
the complaint based on the evidence presented by the
complainant.
 AFFIDAVIT TO SUPPORT
MOTION
TO POSTPONE TRIAL FOR
ABSENCE OF EVIDENCE
• It is a motion to
postpone a trial on the
ground of absence of
evidence.
(Rule 22, Sec. 4, Rules
of Court)
 How is it
executed?
The party involved must be
supported by an affidavit
showing:
1. the materiality of the
evidence expected to be
obtained; and
2. that due diligence has
been used to procure it
(Rule 22, Sec. 4, Rules of
 AFFIDAVIT TO SUPPORT
MOTION
TO POSTPONE TRIAL FOR
ILLNESS OF PARTY OR
COUNSEL
• It is a motion to
postpone a trial on the
ground of illness of a
party or counsel.
(Rule 22, Sec. 4, Rules
of Court)
 How is it
executed?
The party involved must be:
1. supported by affidavit
showing that the presence
of such party or counsel at
the trial is indispensable;
and
2. that the character of his
illness is such as to render
his non-attendance
excusable (Rule 22, Sec. 5,
AFFIDAVIT IN SUPPORT
OF MOTION
FOR SUMMARY
JUDGMENT
• It is an affidavit that a
judgment be entered by a
court for one party and
against another party
summarily.
• Such a judgment may be
issued on the merits of an
entire case, or on discrete
issues in that case.
 How is it
executed?
A Motion for Summary
Judgment must be:
1. Accompanied with
supporting affidavits (Rule
34, Secs. 1 and 2, Rules of
Court).
2. The adverse party may
prior to the day of hearing
serve opposing affidavits
(Rule 34, Sec. 3, Rules of
• The supporting and opposing
affidavits shall be made on
personal knowledge, shall set
forth such facts as would be
admissible in evidence, and shall
show affirmatively that the affiant
is competent to testify the matters
stated therein.
• Sworn or certified copies of all
papers and parts thereof referred
to in an affidavit shall be attached
thereto or served therewith (Rule
34, Sec. 5, Rules of Court).
AFFIDAVIT IN SUPPORT
FOR ATTACHMENT
• It is an affidavit for motion
to issue a writ of
attachment in which a
court will order the
attachment or seizure of
property specifically
described in the writ.
 How is it
executed?
An order of attachment shall be granted
only:
1. When it is made to appear by the
affidavit of the applicant, or of some
other person who personally knows the
facts, that a sufficient cause of action
exists, that the case is one of those
mentioned in Section 1 thereof, that
there is no one other sufficient security
for the claim sought to be enforced by
the action, and that the amount due to
the applicant, or the value of the
property the possession of which he is
The affidavit, and the bond required by
the next succeeding section, must be:

• Duly filed with the clerk or judge of

the court before the order issues
(Rule 57, Sec. 3, Rules of Court).
AFFIDAVIT OF ADMISSION OF
PATERNITY

● ADMINISTRATIVE ORDER NO. 1, S. 2016 or The

Revised Implementing RUles and Regulation of R.A
9255.

● Required this kind of Public Document to make the

illegitimate child legitimate.
AFFIDAVIT TO USE THE SURNAME
OF FATHER

● ADMINISTRATIVE ORDER NO. 1, S. 2016 or The

Revised Implementing RUles and Regulation of R.A
9255.

● For a Children to allow to use the surname of his/her

father when originally he/she uses the surname of
his/her mother.
AFFIDAVIT OF UNDERTAKING
● A PROMISE UNDER OATH AND IN LEGAL
DOCUMENT INTENDED FOR SUBMISSION TO
COURT OR TO SOMEONE ELSE.
AFFIDAVIT FOR ONE AND THE
SAME PERSON

Purpose: To establish that the two

documents containing discrepancies
as to the name or birth, among other
pertain to one and the same person
AFFIDAVIT OF ADVERSE CLAIM
It is a statement made under oath by
someone who claims any part or
interest in a registered piece of land
adverse to the registered owner and
serves as a notice to all of such
claim
AFFIDAVIT OF ADJOINING OWNER
ADJOINING OWNERSHIP

• It is the ownership over the neighboring land which has a

common ownership including party wall or rampart on the
boundary of land or building above that land
Sample Problem for Exercises in Legal
forms

Affidavit of Loss

Mang Jovlan is a multicab-driver. One day, his house was

burned. All his documents inside his house were turned into ashes
including his driver’s license. He went to your law office and asked you
to help him make an affidavit of loss for his driver’s license. Create an
affidavit of loss appropriate in this situation.
Afidavit of Dessisstance

Vagz Bany is a complaining witness for serious physical injuries against

Mang Ernest in the case entitled “People of the Philippines vs Ernest Johnny”. After
hes soul searching and realization that she was not wearing eyeglasses and it was
dark when she was injured, she cannot really determine the real culprit who caused
her such injuries.
She asked you to make an appropriate affidavit of desistance for her.
Affidavit of Admission of Paternity

Jon Snowbear is the ultimate heartthrob of Hogwarts University in his

younger days. Later in his life, he found out that he has a son named Chumpoy
from one of his girlfriends. He met Chumpoy and he wants to acknowledge and
gave his surname to him.
Now, he is asking for your help to make an affidavit of Admission of Paternity.
Help him.
A Motion to Postpone Trial for the Absence of Evidence

You are a law student and your professor required you to make a
motion to postpone trial for the absence of evidence in the case of “Shiela
Pags vs Reymward Cullen”. The case was set for trial on February 14,
2020.
Affidavit of Adverse Claim

Mr. Shane Tomlouzo, in order to protect his rights of adverse claim

and serves as a warning against third person dealing with his property of 69
hectares in Aborlan Palawan requested you to help him make an Affidavit of
adverse Claim regarding the said matter.

You are his batch mate and very much willing to help him. Do it!