Affidavit - is a formal written statement of facts voluntarily made by an affiant under an

oath or a public official such as the notary public or a person authorized to do so. It will be
used to prove the truthfulness of a certain statement in court.

It is either the personal knowledge of the affiant or his/her information and belief or although
not based on their personal perspective, the affiant states only what he/she feels they can
state as true.

When you use an affidavit, you’re claiming that the information within the document is true
and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only
valid when you make it voluntarily and without any coercion.

Purpose - to put sworn written evidence, including documents, before the court without the
need for in person testimony. Just like oral evidence given at trial, the person making the
affidavit, the “deponent”, swears or affirms that what they are saying is true.

Purpose of affidavit in criminal cases - shall serve as direct testimonies of the accused and
his witnesses when they appear before the court to testify.

Basic form of an affidavit

a. A statement that the affiant is swearing under oath to the truthfulness of the information
contained in the affidavit
b. The information that is being sworn to
c. Signature of the affiant
d. Attestation of a notary public or other official authorized to administer oaths

Legal implication of an affidavit

An affidavit is a document signed under oath or affirmation, it is the same as testifying in a

court of law. The crime of perjury is committed by any person who shall knowingly make
untruthful statements or make an affidavit, upon any material matter and required by ;aw. It
is punishable by imprisonment of up to 2 years and four months.

Parts of an Affidavit