AFFIDAVIT OF DISCREPANCY

Its very inconvenient if your birth certificate contains a clerical error.  You could try to correct that, which should be a quickie administrative job as provided for under R.A. No. 9048, amended by R.A. No. 10172.  However the implementing rules provide, in Rule 8.2.1 et seq. requirements like publication, NBI clearance etc. which are clearly too onerous for a majority of purposes.  So in case an agency or employer or school would want to make sure that you-are-who-you-say-you-are, it should be sufficient that you present to them an affidavit of discrepancy.  An affidavit is by definition a sworn statement or oath.  It is also a public document.  So if you lie in an affidavit, that is a crime.

So here is a sample affidavit of someones whose gender was not indicated in his birth certificate:

REPUBLIC OF THE PHILIPPINES )

QUEZON CITY ) S.S.

AFFIDAVIT OF DISCREPANCY IN SEX

I, JUAN B. DOE, male, of legal age, single, and with address at ___________________________, under oath, state:

1.    THAT  my name is  JUAN B. DOE as stated and registered in my birth certificate issued by office of the Civil Registry of ________________. A copy of my birth certificate is hereto attached as ANNEX “A”;

2. THAT the entry for “SEX” does not indicate whether I am a male or a female.

3.    THAT since birth, my natural and biological gender has always been MALE and that I am identified as a male by my family, friends, acquaintances and by the community;

4.    THAT the sex of herein Affiant is MALE and that the birth certificate referring to herein Affiant does not indicate whether he is a male or female, hence there is a discrepancy;

5.    THAT I am executing this Affidavit to attest to the truth of the foregoing facts and to use the same for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this ___ (date)___ at Quezon City.

                                                                     

  JUAN B. DOE

                                                                                          Affiant

SUBSCRIBED AND SWORN to before me this _____(date)__________ at Quezon City, Affiant exhibiting to me his ___________________________ ______________________(Gov't ID details)____________________

Doc No. ________;

Page No. _______ ;

Book No. _______;

Series of _______.