Affidavit of Witness Format, Sample and Requirements

The Affidavit of Witness is a legal document prepared to record a sworn statement. While preparing the Affidavit of Witness, the person who is a witness of respective event/incident is required to take an oath in front of an authorized person called Notary Public (Jurat).

The Affidavit of Witness is a valid document for criminal cases, civil cases, vehicle accidents and many other events/incidents. It must include information related to the event/incident seen and experienced by the witness and not just heard from someone.

Affidavit of Witness Sample

The Affidavit of Witness is prepared in its prescribed format, if you have not seen it before, here I provide its format for you.

Affidavit of Witness

(Republic of the Philippines,

_________,_______) S.S.

AFFIDAVIT OF WITNESS

I,,_________________age, civil status, resident of

                                                     ,                    ,after having sworn in accordance with law, do hereby depose and state THAT:

1. I was present and personally saw that accused, ,committed the crime of                 against the victim                                                                        ;
2. (State other circumstances and the relation either to the victim or accused or both);
3. (State the details of the acts committed by the accused against the victim)
4. (State the acts done by the witness and the reason thereof);

I executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing of Criminal Cases against                                                             for violations of

                                                 .

AFFIANTS SAYETH NAUGHT

IN WITNESS WHEREOF, I hereunto affixed my signature this                                day of           at                         ,                                .

________

Affiant

SUBSCRIBED   AND   SWORN  to   before  me   this____day of________at                                . I HEREBY CERTIFY that I have personally examined the herein affiants and I am satisfied that they voluntarily executed and understood their given affidavit.

____________
Notary Public

Affidavit of Witness Fees

The sample form of Affidavit of Witness is available for free, you can download it without spending a penny. However, there are two types of fees that can occur when you decide to record a sworn statement on the Affidavit of Witness in the Philippines.

[I] Affidavit Drafting Fee

If the Affiant (witness) requests a Lawyer (Notary Public) to draft an Affidavit of Witness for them, the Lawyer will charge the Drafting Fee ranging from ₱500 to ₱2000 depending upon the affidavit type and complexity of the case.

You (the Affiant) can avoid this fee by choosing to draft the Affidavit of Witness on your own.

[II] Affidavit Notarization Fee

Once the affidavit document is ready, you must get it notarized by a Notary Public (Jurat) with required signature, seal and commission number as per law rules.

The Notary Public will charge Affidavit Notarization Fee ranging from ₱100 to ₱500 depending upon the document value and other factors.

[III] Documentary Stamp Tax

The documentary stamp tax may or may not apply on the Affidavit of Witness. If applied, the Affiant must pay the stamp tax amount as per rules.

So, the total cost of Affidavit of Witness (without stamp duty) would be as under:

• If Affidavit is prepared by Affiant: ₱100 to ₱500
• If Affidavit is drafted by Notary Public: ₱500 to ₱2500

Legal Ground for Affidavit of Witness

The legal ground for Affidavit of Witness is based on three Philippine Law Rules that I am sharing here.

[I] Revised Rules of Court: Rule 132, Section 24 – Proof of Official Record

Public documents as referenced in paragraph (a) of Section 19 can be proven through an official publication or a copy certified by the officer with legal custody of the record or their deputy.

The record of public documents may be evidenced by:

1. Official publication of the document, OR
2. A copy attested by the officer having legal custody of the record (or their deputy)

[II] Philippine Notarial Practice Rules, 2004

The authorized personnel must be the Notary Public as per the Legal Rules on Notarial Practice including the amendments in Notarial Practice Rules in August 2004.

Before you select a Notary Public Personnel (Lawyer) for notarizing your Affidavit of Witness, you must confirm that the said personnel is eligible to administer oaths and legally entitled to notarize the affidavit in the Philippines.

[III] Revised Penal Code, Philippines

The Revised Penal Code contains provisions about false statements and their legal consequences including the fines/penalties, imprisonment and dismissal/termination from a public/government position in the Philippines.

Recording a false statement on the Affidavit of Witness might lead to serious legal punishment and penalties for both the witness person and the notary public.

Where is Affidavit of Witness Needed or Used?

The Affidavit of Witness is needed for different types of cases and legal proceedings in the Philippines. Here I provide the list of cases/proceedings/matters where it is required to prepare and present an Affidavit of Witness.

1. Criminal Cases
2. Civil Cases
3. Labour Disputes at Workplace
4. Traffic Cases for Vehicle Accidents
5. Insurance Claiming Process
6. Preliminary Investigation for Criminal Complaints
7. Government Agencies Conducting Administrative Proceedings
8. Notarial Protests for Dishonored Checks or Documents

So, these are the 8 possible incidents/matters where the law requires the concerned people to prepare the Affidavit of Witness to support the legal proceedings to resolve the issue(s) as per law and provide justice to the deserving persons/organizations.

Who is Affiant?

The Affiant is the legal name of the witness who is willfully recording a sworn statement on the Affidavit of Witness and also signs the document in presence of a Notary Public (Jurat).

In easy words, if you are the witness of a matter/incident and you want to give your statement on the Affidavit of Witness then you are the Affiant for that purpose.

Eligibility to be Affiant for Affidavit of Witness

In order to be an Affiant for the Affidavit of Witness in the Philippines, you must meet the eligibility conditions given as under.

• The Affiant must be 18-year old OR Must be assisted by a Parent/Guardian if the Affiant is a minor i.e. under 18 years.
• Must have a valid Government Issued ID
• Must have personal knowledge of the facts about the incident for which they are giving the statement.
• Must appear personally before the Notary Public (Jurat).
• Must take an Oath and Sign the Affidavit of Witness in Presence of the Notary Public.

Who is Notary Public?

For preparation of the Affidavit of Witness, the Notary Public (Jurat) is a licensed lawyer who is commissioned by the Regional Trial Court (RTC) to conduct Notarial Practice in a region of a specific jurisdiction in the Philippines.

The person acting as a Notary Public (Jurat), for Affidavit of Witness and other affidavit documents, must be commissioned by the Executive Judge of the RTC of respective region/jurisdiction. The Notary Public must have a valid seal and commission number to add them on the Affidavit of Witness document during notarization process.

Eligibility to be Notary Public for Affidavit of Witness

To work as a Notary Public for an Affidavit of Witness in the Philippines, you must fulfill its eligibility requirements given below.

• The Notary Public must be a Filipino Citizen or a Resident Alien Authorized by/under the Philippine Law.
• Must have reached the Age of 21-year or older.
• Must be a member in good standing of the Integrated Bar of the Philippines (IBP).
• Must not be convicted under Any Crime including moral turpitude.
• Must Administer the Affiant taking Oath and signing the Affidavit of Witness document.
• Should personally know the Affiant or check their Government Issued ID and attach it to the Affidavit of Witness as an identity document.
• Must Notarize the Affidavit of Witness with his sign, seal/stamp, commission number and also enter it in the Notarial Register.

Is Affidavit of Witness a Sworn Statement?

Yes, the Affidavit of Witness is indeed a legal sworn statement given by the witness (i.e. eye witness) of an event/incident/matter. The witness takes an oath, records their statement with known/witnessed facts and signs the affidavit document in present of a Notary Public (Jurat).

The legality of the preparing process of Affidavit of Witness clearly indicates that it is a sworn statement.

What Must be Included in Affidavit of Witness?

There are some important elements for the Affidavit of Witness document, make sure that you include all of them while preparing it.

• Caption or Venue – Republic of the Philippines (City/Municipality of Province) S.S.
• Title – It is often “Affidavit of Witness” or similar to it.
• Affiant’s Personal Info – Full Name, Age, Civil Status, Complete Residential Address and other key details.
• Primary Statement – The Affiant must give their statement based on facts seen/known personally with exact date, time and place of the incident as well as identification of the accused and the victim for the said matter.
• Secondary/Relevant Paragraphs – Add one or more sentences as per Affiant’s personal knowledge of the facts saying what accused did to the victim and what action the Affiant took with a reason. Also mention the relation between the Affiant and the victim or the accused, if any.
• Statement of Oath – Affiant’s declaration about the truthfulness of the facts revealed in the statement.
• Signature of Affiant – Affiant’s Signature right above their printed name on the Affidavit of Witness document.
• Jurat – The Notary Public administers Affiant’s Oath, records their statement(s), verifies their identity & signature as well as notarizes the Affidavit of Witness with the Notary’s Signature, Seal and Commission details.

So, these are the important details that must be included in the Affidavit of Witness document as per law rules.

Tips to Avoid Mistakes in Affidavit of Witness

The Affidavit of Witness is a legal document that must be prepared in accordance with the law rules. In order to save it from being rejected or considered invalid, you must prepare it without mistakes. Here I provide important tips to avoid making mistakes in Affidavit of Witness, so read them carefully.

• Be aware about the value of Affidavit of Witness document and read it carefully before signing it.
• Write/type clear language with easy and straightforward sentences.
• Prefer to record the Affidavit of Witness in English or Filipino language.
• Don’t use rough language or assumptions or doubtful phrases like “I think”, “I heard” or “s/he told me about it”.
• Record the statement(s) in clear words with exact details about the persons, place, time and the incident.
• Understand the Oath and take it before the Notary Public (Jurat) to ensure legal value of the Affidavit of Witness document.
• Read and recheck the Affidavit of Witness carefully, then sign it in presence of the Notary Public as per rules.
• Get the Affidavit of Witness notarized by the Notary Public with date and other details added.
• Keep a certified true copy of the Affidavit of Witness as an evidence, it can be useful in case the original document is lost/missing in future.

Kindly follow the useful tips shared above to prepare the Affidavit of Witness without mistakes.

Correction Not Allowed in Affidavit of Witness

When preparing of Affidavit of Witness is going on, keep an eye on accuracy of the information. Once the affidavit is notarized by the Notary Public, you cannot do any correction.

So, it is strongly recommended to double-check the Affidavit of Witness before you sign it. If you find any mistake, inform the Notary Public immediately. You can make corrections before the Affidavit of Witness is notarized.

If you find any mistake/error in a Notarized Affidavit of Witness, you must create a New Affidavit of Witness with correct information and get it notarized by the Notary Public again. The Notary Public will guide you while drafting the New Affidavit of Witness so that you can avoid making mistakes in the new affidavit.

Judicial v/s Extrajudicial Affidavit

There are two categories of affidavit in Philippine, they are named as Judicial Affidavit and Extrajudicial Affidavit. Let me explain each affidavit category in brief.

Judicial Affidavit

The Judicial Affidavit is prepared under the Judicial Affidavit Rule (JAR) and it is valid to serve as direct testimony in court. It has a prescribed question-answer format and it must be filed within the timings set by the JAR rules.

Extrajudicial Affidavit

The Extrajudicial Affidavit is a sworn statement recorded by taking an oath in presence of a Notary Public (Jurat) and such an affidavit also requires notarization.

The purpose of the Extrajudicial Affidavit is to serve as an evidence for preliminary investigation by police and other government agencies. But the Extrajudicial Affidavit cannot serve as direct testimony in court, some exceptions do exist.

#Exception: During a court trial, the judge may allow the lawyer to file the Extrajudicial Affidavit for direct testimony but the Affiant must remain present in court to affirm (confirm) the statement(s) recorded on the affidavit document.

Is Affidavit of Witness Judicial or Extrajudicial?

The Affidavit of Witness is an Extrajudicial Affidavit that serves as an evidence for preliminary investigations and to initiate legal proceedings for the concerned case. But the Affidavit of Witness cannot serve for direct testimony unless approved by the court and the Affiant stays present in court to affirm the affidavit facts live in presence of the judge and concerned parties.

Conclusion

The Affidavit of Witness is a legal document based on the law. Anyone aims to record a sworn statement, can visit a Notary Public (Jurat), take an oath and express the facts in their personal knowledge to add it to the Affidavit of Witness document and sign it in presence of the Notary Public.

Above I have explained all required information related to Affidavit of Witness, its requirements and preparation process as per the law. I have shared Affidavit of Witness Format and some tips to avoid making mistakes in preparation of Affidavit of Witness document.

In case you still have a query or question, you can talk to your concerned Notary Public or ask your query in the comment section given below.

FAQs