Affidavit Of Illegitimacy for Philippines

Affidavit Of Illegitimacy Template for Philippines

An Affidavit of Illegitimacy is a legally binding sworn statement used in the Philippines to formally declare and establish the illegitimate status of a child. This document, governed by the Family Code of the Philippines and related legislation, serves as an official declaration of the circumstances of a child's birth and their status under Philippine law. The affidavit must be executed before a notary public and typically includes detailed information about the child, the parent(s), and the circumstances establishing illegitimacy. It is commonly required for various legal and administrative purposes, including civil registration, school enrollment, passport applications, and other situations where proof of the child's status is necessary.

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What is a Affidavit Of Illegitimacy?

The Affidavit of Illegitimacy is a crucial legal document in the Philippine legal system, used to formally establish and declare a child's illegitimate status. This document becomes necessary in various situations, such as civil registration, school enrollment, passport applications, or when dealing with inheritance matters. The affidavit must comply with the Family Code of the Philippines (Executive Order No. 209) and related legislation, including the Civil Register Law (Act No. 3753). It typically contains detailed information about the child's birth circumstances, the parent(s), and explicit declarations regarding the absence of marriage between the parents. The document must be properly notarized to be legally valid and may be required by various government agencies, educational institutions, or other organizations that need official documentation of a child's status.

What sections should be included in a Affidavit Of Illegitimacy?

1. Title and Jurisdiction: Specifies the document type and jurisdiction where it is being executed

2. Affiant Information: Complete details of the person making the declaration, including full name, age, civil status, citizenship, and residence

3. Opening Declaration: Standard opening statement declaring that the affiant is of legal age and sound mind, making the statement under oath

4. Child's Information: Complete details of the child including full name, date and place of birth, and birth certificate details

5. Declaration of Facts: Detailed statement explaining the circumstances of the child's birth and the basis for declaring illegitimacy

6. Purpose Statement: Statement declaring the purpose for which the affidavit is being executed

7. Attestation Clause: Affiant's declaration of truth and correctness of the stated facts

8. Jurat and Notarization: Formal closing, including place of execution, date, and notary public's attestation

What sections are optional to include in a Affidavit Of Illegitimacy?

1. Witness Statements: Additional declarations from witnesses who can attest to the facts stated in the affidavit, used when additional verification is needed

2. Supporting Documentation References: List and description of any additional documents being attached to support the declaration, used when there are relevant supporting documents

3. Parental Authority Declaration: Statement regarding custody and parental authority over the child, included when custody arrangements need to be specified

4. Acknowledgment of Rights: Declaration acknowledging the rights of the illegitimate child under Philippine law, included when specifically required by the requesting authority

5. Non-Marriage Certificate Reference: Reference to a Certificate of No Marriage (CENOMAR) if available, included to strengthen the declaration of illegitimacy

What schedules should be included in a Affidavit Of Illegitimacy?

1. Birth Certificate: Certified true copy of the child's birth certificate

2. CENOMAR: Certificate of No Marriage (if applicable) of the parents

3. Valid ID: Photocopies of valid government-issued IDs of the affiant

4. Supporting Documents: Any additional documentation that supports the declaration of illegitimacy

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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Legal Services

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Human Resources Manager

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