Affidavit Of Not Having Passport Template for the Philippines
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What is a Affidavit Of Not Having Passport?
The Affidavit of Not Having Passport is a crucial document in Philippine administrative law, particularly in situations where individuals need to formally declare the absence of a passport. This type of affidavit is commonly required when applying for a new passport after losing the previous one, when seeking overseas employment and unable to locate a passport, or when dealing with immigration matters. The document must be executed in accordance with Philippine law and notarized by a authorized Notary Public. It contains specific declarations about the non-possession of a passport, reasons for such non-possession, and the purpose for which the affidavit is being executed. The affidavit serves as a legal substitute for providing a passport in certain situations and may be required by various government agencies, educational institutions, or employers for administrative purposes.
Frequently Asked Questions
Is an Affidavit of Not Having Passport legally binding in the Philippines?
Yes, an Affidavit of Not Having Passport is legally binding in the Philippines when properly executed and notarized. Under the Philippine Passport Act of 1996 (RA 8239) and the Administrative Code, this sworn statement carries legal weight and making false declarations can result in perjury charges. The document must be signed before a notary public to be considered valid and enforceable.
Can the Department of Foreign Affairs reject my passport application if my Affidavit of Not Having Passport is incomplete?
Yes, the DFA can reject your passport application if your Affidavit of Not Having Passport is missing required information or improperly executed. The affidavit must clearly state your full name, circumstances regarding your lack of passport, and be properly notarized. Incomplete or defective affidavits will delay your application and require resubmission with corrections.
How long does it take to prepare and notarize an Affidavit of Not Having Passport in the Philippines?
Preparing and notarizing an Affidavit of Not Having Passport typically takes 1-2 hours in the Philippines. The actual drafting can be done quickly using a template, but you'll need to visit a notary public with valid identification. Notarization usually takes 15-30 minutes, though wait times may vary depending on the notary's schedule and location.
Does an Affidavit of Not Having Passport expire under Philippine law?
There is no specific expiration date for an Affidavit of Not Having Passport under Philippine law, but government agencies may have their own validity requirements. The DFA typically requires the affidavit to be recent (within 6 months to 1 year) for passport applications. It's best to prepare the affidavit close to when you plan to use it for official purposes.
How is an Affidavit of Not Having Passport different from an Affidavit of Loss of Passport in the Philippines?
An Affidavit of Not Having Passport declares you have never possessed a Philippine passport, while an Affidavit of Loss states you previously had a passport that was lost, stolen, or destroyed. Both documents serve different purposes under RA 8239 - the former is typically used for first-time passport applicants, while the latter is required when replacing a lost or stolen passport.
Can I use photocopied identification when executing an Affidavit of Not Having Passport in the Philippines?
No, you must present original government-issued identification when executing an Affidavit of Not Having Passport before a notary public in the Philippines. Acceptable IDs include driver's license, SSS ID, PhilHealth card, or other valid identification recognized under the Rules on Notarial Practice. Photocopies alone are insufficient for proper notarization and will invalidate the document.
Why do people get their Affidavit of Not Having Passport rejected by Philippine government agencies?
Common reasons for rejection include improper notarization, incorrect personal information, vague statements about passport status, or using outdated forms. Many people also fail to include specific details required by the agency or submit documents without proper witness signatures. Ensuring all information matches your other identification documents and following current DFA guidelines prevents most rejections.
About the Affidavit Of Not Having Passport
An Affidavit Of Not Having Passport is a sworn statement that you execute when you need to formally declare that you do not currently possess a valid Philippine passport. This legal document serves as official evidence of your passport status and is recognized by government agencies, employers, and educational institutions throughout the Philippines.
When do you need this document?
You will typically need this affidavit when applying for your first Philippine passport, especially if you are of age where having a passport might be expected. It is also required when you have lost your previous passport and need to apply for a replacement, or when seeking overseas employment and your employer requires proof of passport status. Educational institutions may request this document for scholarship applications or study abroad programs. Immigration officers might also require this affidavit during certain visa application processes or when dealing with travel document issues.
Key legal considerations
Your affidavit must include complete personal identification details, including your full name, age, civil status, citizenship, and current address. The declaration section must clearly state whether you have never possessed a Philippine passport or explain the circumstances of any previous passport (such as loss, expiration, or damage). You must provide the specific reason for executing the affidavit and its intended purpose. Remember that this is a sworn statement under penalty of perjury, so providing false information can result in criminal charges under Article 183 of the Revised Penal Code. The document must be signed in the presence of a notary public and properly notarized to be legally valid.
Legal requirements in Philippines
Under the Philippine Passport Act of 1996 (RA 8239) and the Notarial Law of 2004 (RA 9285), your affidavit must be executed before an authorized notary public within the Philippines. The notary must verify your identity through valid government-issued identification and ensure you understand the contents and implications of your sworn statement. DFA Department Order No. 010-2017 provides additional guidelines that may affect how this affidavit is processed in passport applications. The document must follow the format requirements under the Administrative Code of the Philippines, including proper venue, jurisdiction statement, and notarial acknowledgment. Some agencies may require additional witnesses or specific formatting, so verify requirements with the requesting institution before execution.
GOVERNING LAW
Applicable law
This Affidavit Of Not Having Passport is drafted to comply with Philippines law. Key legislation includes:
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