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An Affidavit of No Records is a crucial legal document in the Philippines that allows you to formally declare under oath that specific records or documents do not exist or cannot be located. You'll need this sworn statement when government agencies, courts, or other institutions require official proof that certain records are unavailable despite diligent search efforts.

When do you need this document?

You'll typically require an Affidavit of No Records when applying for duplicate certificates, clearances, or permits where original records have been lost or destroyed. Government agencies often request this document when processing applications for birth certificates, marriage certificates, or employment records that cannot be located in official files. Companies may need this affidavit when auditors require proof that certain financial records or corporate documents don't exist. Legal proceedings sometimes demand this document to establish that evidence or documentation is genuinely unavailable. Immigration processes may also require this affidavit when supporting documents from previous employers or institutions cannot be obtained.

Key legal considerations

Your affidavit must include specific details about the records you searched for, the methods used in your search, and your authority to make such declarations. You must describe the timeframe of your search efforts and identify all locations where records might reasonably be found. The document should specify your capacity or position that gives you knowledge about the record-keeping systems in question. False statements in this affidavit constitute perjury under Article 183 of the Revised Penal Code, carrying serious criminal penalties. You must ensure that all search efforts were genuinely exhaustive before making your declaration. The affidavit should also include details about any circumstances that might have led to the records' absence, such as natural disasters, fire, or system failures.

Legal requirements in Philippines

Under the Revised Rules of Court (Rule 132), your Affidavit of No Records must follow specific format requirements for written evidence admissibility. The document must be properly notarized according to the Notarial Law of 2004 (Republic Act No. 9285) and the 2004 Rules on Notarial Practice. You must appear personally before a notary public with valid identification and swear to the truthfulness of your statements. The affidavit must include the venue where it's executed, your complete personal information including age, citizenship, civil status, and address. Your signature must be witnessed and authenticated by the notary public, who will affix their official seal and commission details. The notary public must enter the document in their notarial register and issue the appropriate acknowledgment. Administrative agencies may have additional requirements under the Administrative Code of 1987 regarding the acceptance and processing of such affidavits.