I heard the term “affidavit” from my grandfather Donato Ignacio when I was young. Our house was almost like a law office back then when he was helping his fellow veterans file their pension claims. I am now amazed by the fact that he was preparing affidavits even though he was not a lawyer. And so I came to associate an old man and typewriter with the term “affidavit” that whenever I make one, I can’t help but remember my grandfather. Of course I was only able to know what an affidavit is when I studied law at the University of the Cordilleras. For lawyers and notaries public, this is probably the most common document they make or encounter. For non-lawyers, its meaning or significance may be less understood or plainly ignored.
Origin of the Term
The term “affidavit” may have originated from Medieval Latin (mid 16th century) from the word “affidare” which means “he/she has stated under oath”. According to www.latin-dictionary.org “affidare” also means “to affiance”. “Affiance” then is defined in www.dictionary.refence.com as “a pledging of faith, a marriage contract” or “trust, confidence, reliance”. This is most probably the origin of the term “affiant”- the person making the affidavit. And have you ever wondered about the significance or meaning of the letters “SS” usually found in affidavits? It is the abbreviation of “scilicet” from the Latin scire licet and translates to “it is permitted to”, “to wit, or namely” (www.definitions.uslegal.com). I have to admit, as with other lawyers probably, that I did not know what the letters meant even when I already started my law practise.
Why Execute an Affidavit?
An affidavit is a written statement by a person which he swears to be true before a notary public or other persons authorised to administer oaths. We may ask, what is the value of this oath when any person can just make statements and have them notarised? Why is a person required to execute an Affidavit of Loss if he applies for a replacement of his bank book for example? We have to remember that making false statements in an affidavit can be penalised under Article 183 of the Revised Penal Code. It is the presence of the criminal aspect that third persons place their faith on affidavits. Since making false statements under oath is punishable, it is most likely that the narrations in the affidavit are true. A bank can then rely on the statement of the client that his bank book was lost therefore issue a new one since the statement is under oath. If the client lied in his affidavit, he can then be criminally charged.
Affidavits are very useful in everyday transactions and although generally considered hearsay evidence, the Supreme Court has in fact elevated its use with the promulgation of the rules on the use of Judicial Affidavit (A.M. No. 12-8-8-SC) to replace the direct testimony of witnesses in court. Its aim is to speed up the trial by eliminating direct examination and having the judicial affidavit of the witness instead.
Not to be Taken Lightly
An oath may not be taken seriously by many today but in the past, keeping an oath is a measure of a man’s character. “Sapata” (oath) was a part of the indigenous justice system where a person takes an oath that he is telling the truth and that the gods should make him ill or bring misfortune to him or his family if he is not. Now, we simply have to remember that making untruthful statements in affidavits can make one criminally liable.
