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. 948-950)
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.
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.
The body
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. 
The body
AFFIDAVIT OF LOSS
The body
COUNTER AFFIDAVIT
AFFIDAVIT TO SUPPORT MOTION
TO POSTPONE TRIAL FOR
ABSENCE OF EVIDENCE
A motion to postpone a trial on the ground
of absence of evidence must be supported
by an affidavit showing the materiality of
the evidence expected to be obtained, and
that due diligence has been used to procure
it (Rule 22, Sec. 4, Rules of Court).
AFFIDAVIT TO SUPPORT
MOTION
TO POSTPONE TRIAL FOR
ILLNESS OF PARTY OR
COUNSEL
A motion to postpone a trial on the ground of
illness of a party or counsel must be supported
by affidavit showing that the presence of such
party or counsel at the trial is indispensable and
that the character of his illness is such as to
render his non-attendance excusable (Rule 22,
Sec. 5, Rules of Court).
AFFIDAVIT IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
A motion for summary judgment must be accompanied with supporting
affidavits (Rule 34, Secs. 1 and 2, Rules of Court). The adverse party may
prior to the day of hearing serve opposing affidavits (Rule 34, Sec. 3, Rules of
Court).
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).
If the affidavits presented pursuant to Rule 34 are presented in bad faith, or
solely for the purpose of delay the court shall order the party employing them
to pay to the other party the amount of the reasonable expenses which the
filing of the affidavits caused him to incur (Rule 30, Sec. 6, Rules of Court).
AFFIDAVIT IN SUPPORT FOR
ATTACHMENT
An order of attachment shall be granted only 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 entitled to recover, is as much as the sum for which the
order is granted above all legal counterclaims. 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
● A public document use to attest the truth of the facts
enumerated therein and for whatever legal purpose for
which the same may serve.
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
AFFIDAVIT OF
POSSESSION
 AFFIDAVIT OF
ADVERSE CLAIM
• An adverse claim 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 a 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