What is an affidavit and how do I execute one?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
An affidavit is a written statement of facts that you swear to be true, signed by you (the affiant) and sworn before a notary public or another officer authorized to administer oaths. To execute one, put the facts in the first person and in a clear numbered narration, sign it in front of the notary, and present valid ID; the notary administers your oath and completes the jurat. Because you swear to it, stating a falsehood in an affidavit can expose you to perjury under the Revised Penal Code — so state only what you personally know to be true.
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Frequently asked
What's the difference between an affidavit and a demand letter?
A demand letter asks the other party to do something (pay, act) and is not sworn. An affidavit is your sworn statement of facts used as evidence — for example, an Affidavit of Complaint, an Affidavit of Loss, or a witness affidavit attached to a case.
Do I need a lawyer to prepare an affidavit?
Not necessarily. You may draft the facts yourself and have it notarized; many complaints use a simple affidavit-of-complaint format. For a case likely to be contested, having a lawyer or PAO help phrase the material facts reduces the risk of fatal errors.
Can I be charged for a false affidavit?
Yes. Deliberately swearing to false material statements can constitute perjury under Art. 183 of the Revised Penal Code. Confine your affidavit to facts within your personal knowledge and clearly label anything you only believe or were told.
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