Anda di halaman 1dari 5


DEFINITION OF 'AFFIDAVIT OF LOSS' A written statement declaring the physical loss of a

security - usually through theft or destruction by fire/flood. The affidavit contains all details
regarding the loss, the owner's name and any information pertaining to the security, such as
serial number or date of issue.

An application for the issuance of a writ of PRELIMINARY INJUNCTION AND/OR

TRO may be granted upon the filing of a verified application showing facts entitling
the applicant to the relief demanded.
Essential to granting the injunctive relief is the existence of an urgent necessity for
the writ in order to prevent serious damage. A TRO issues only if the matter is of
such extreme urgency that grave injustice and irreparable injury would arise unless
it is issued immediately.[13] Under Section 5, Rule 58 of the Rule of Court, [14] a TRO
may be issued only if it appears from the facts shown by affidavits or by the verified
application that great or irreparable injury would be inflicted on the applicant before
the writ of preliminary injunction could be heard.
Thus, to be entitled to the injunctive writ, petitioners must show that (1) there exists
a clear and unmistakable right to be protected; (2) this right is directly threatened
by an act sought to be enjoined; (3) the invasion of the right is material and
substantial; and (4) there is an urgent and paramount necessity for the writ to
prevent serious and irreparable damage.
Philippine Legal Form. Notice: An AFFIDAVIT OF DESISTANCE is executed by a complainant
when he no longer wishes to pursue a case against an accused or a defendant in a court case.
If there is only one heir, he may adjudicate to himself the entire estate by means of
an AFFIDAVIT OF SELF-ADJUDICATION filed with the register of deeds.
A bond is required to be filed with the register of deeds to secure claims of heirs or
interested persons which may have been unduly deprived of partiticipation in the
distribution of the estate. The bond and the real estate subject of the above-named
public instrument or affidavit shall remain charged with a liability to creditors, heirs,
or other persons for the full period of two years after such distribution. This shall be
the case, notwithstanding any transfers of real estate that may have been made.
If, the person unduly deprived of participation is a minor, mentally incapacitated, is
in prison, or outside the Philippines, he may present his claim within one year from
the removal of the disability.
The fact of the extrajudicial settlement or administration shall be published in a
newspaper of general circulation.
An AFFIDAVIT OF MERIT is a requirement in some jurisdictions, primarily in medical
malpractice claims, to have an expert file an affidavit stating the claim has merit.

A written statement of facts voluntarily made by an affiant under an oath or
affirmation administered by a person authorizedto do so by law.
An affidavit is voluntarily made without any cross-examination of the affiant
and, therefore, is not the same as a deposition,a record of an examination of
a witness or a party made either voluntarily or pursuant to a subpoena, as if
the party weretestifying in court under cross-examination. A pleadinga req
uest to a court to exercise its judicial power in favor of a partythat contains al
legations or conclusions of facts that are not necessarily verifieddiffers fro
m an affidavit, which statesfacts under oath.
An affidavit is based upon either the personal knowledge of the affiant or his
or her information and belief. Personalknowledge is the recognition of particu
lar facts by either direct observation or experience. Information and belief is
what theaffiant feels he or she can state as true, although not based on firsth
and knowledge.
Any person having the intellectual capacity to take an oath or make an affirm
ation and who has knowledge of the facts thatare in dispute may make an a
ffidavit. There is no age requirement for an affiant. As long as a person is old
enough tounderstand the facts and the significance of the oath or affirmation
he or she makes, the affidavit is valid. A criminalconviction does not make a
person incapable of making an affidavit, but an adjudication of Incompeten
cy does.
Someone familiar with the matters in question may make an affidavit on beh
alf of another, but that person's authority to doso must be clear. A guardian
may make an affidavit for a minor or insane person incapable of doing so. An
attorney maymake an affidavit for a client if it is impossible for the client to d
o so. When necessary to the performance of duties, aPersonal
Representative, agent, or corporate officer or partner may execute an affid
avit that indicates the capacity inwhich the affiant acts.
A court cannot force a person to make an affidavit, since, by definition, an a
ffidavit is a voluntary statement.
Any public officer authorized by law to administer oaths and affirmations
such as city recorders, court clerks, notaries,county clerks, commissioners of

deeds, and court commissionersmay take affidavits. Justices of the peace a

ndmagistrates are sometimes authorized to take affidavits. Unless restricted
by state law, judges may take affidavits involvingcontroversies before them.
An officer cannot take affidavits outside of the particular jurisdiction in which
he or she exercises authority. The source ofthis authority must appear at the
bottom of the affidavit. A notary, for example, would indicate the county in w
hich he or sheis commissioned and the expiration date of the commission.
An official seal is not essential to the validity of the affidavit but may be plac
ed on it by the proper official.
Unless otherwise provided by statute, an oath is essential to an affidavit. The
statement of the affiant does not become anaffidavit unless the proper officia
l administers the oath.
When religious convictions prevent the affiant from taking an oath, he or she
may affirm that the statements in the affidavitare true.
There is no standard form or language to be used in an affidavit as long as th
e facts contained within it are stated clearlyand definitely. Unnecessary langu
age or legal arguments should not appear. Clerical and grammatical errors, w
hile to beavoided, are inconsequential.
The affidavit usually must contain the address of the affiant and the date tha
t the statement was made, in addition to theaffiant's signature or mark. Wher
e the affidavit has been made is also noted. When an affidavit is based on th
e affiant'sinformation and belief, it must state the source of the affiant's infor
mation and the grounds for the affiant's belief in theaccuracy of such informa
tion. This permits the court to draw its own conclusions about the information
in the affidavit.
An affiant is strictly responsible for the truth and accuracy of the contents of
the affidavit. If false statements are made, theaffiant can be prosecuted for p
Affidavits are used in business and in judicial and administrative proceedings
Business Generally affidavits are used in business whenever an official state
ment that others might rely upon is needed.Statements of the financial stabil
ity of a corporation, the pedigree of animals, and the financial conditions of a
personapplying for credit are examples of affidavits used in the commercial

Judicial Proceedings Affidavits serve as evidence in civil actions and crimin

al prosecutions in certain instances. They areconsidered a very weak type of
evidence because they are not taken in court, and the affiant is not subject t
o cross-examination. Their use is usually restricted to times when no better e
vidence can be offered. If a witness who has made anaffidavit is not available
to testify at a trial, his or her affidavit may be admitted as evidence. If the wi
tness is present, his orher affidavit is inadmissible except when used to impe
ach the witness's testimony, or to help the witness with pastrecollection of fa
Affidavits are also used as evidence in ex parte proceedings such as a hearin
g for the issuance of a Temporary Restraining
Order or an order to show cause. The expeditious nature of such proceeding
s is considered to substantiallyoutweigh the weak Probative value of the affi
davits. In addition, there is normally a subsequent opportunity in the course
oflitigation for the opposing party to refute the affidavits or cross-examine th
e affiants.
An affidavit based on the knowledge of the affiant is accorded more weight t
han one based on information and belief. Whenadmissible, affidavits are not
conclusive evidence of the facts stated therein.
Administrative Proceedings Affidavits are frequently used in administrativ
e and Quasi-Judicial proceedings as evidencewhen no objection is made to
their admission and there is an opportunity for cross-examination.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale
Group, Inc. All rights reserved.
n. 1) any written document in which the signer swears under oath before a N
otary Public or someone authorized to takeoaths (like a County Clerk), that th
e statements in the document are true. 2) in many states a declaration under
penalty ofperjury, which does not require the oath-taking before a Notary is t
he equivalent of an affidavit.
noun affirmation under oath, assertory oath, attested
statement, averment, avouchment, avowal, avowance, confirmation
under oath, declaration under oath, evidence on
oath, instrument in proof, solemn affirration,statement, statement under o
ath, sworn evidence, sworn
statement, testification under oath, testimonium per tabulasdatum, volunta
ry attestment under oath, written declaration upon oath, written statement u
nder oath
Associated concepts: affidavit of defense, affidavit of demand, affidavit of j
udicial power, affidavit of merit, affidavit ofservice, affidavit to advise the cou
rt of a right or on an issue, affidavit to hold to bail, affirmation, verified dep
osiiion,verified pleading

a written statement sworn or affirmed before a commissioner for oaths (or n
otary public in Scotland), usedin some circumstances as evidence in court.
AFFIDAVIT, practice. An oath or affirmation reduced to writing, sworn or
affirmed to before some officer who has authority toadminister it. It
differs from a deposition in this, that in the latter the opposite party has
had an opportunity to cross-examinethe witness, whereas an affidavit is
always taken ex parte.
2. Affidavit to hold to bail, is in many cases required before the
defendant can be arrested; such affidavit must be madeby a person who is
acquainted with the fact, and must state, 1st, an indebtedness from the
defendant to the plaintiff; 2dly,show a distinct cause of action; 3dly, the
whole must be clearly and certainly, expressed.
3. An affidavit of defence, is made by a defendant or a person knowing
the facts, in which must be stated a positiveground of defence on the