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Affidavit Of Abandonment for Philippines

Affidavit Of Abandonment Template for Philippines

An Affidavit of Abandonment is a formal sworn statement executed under Philippine law that declares and provides evidence of abandonment, whether of a person, property, or legal rights. This legal document must be executed before a Notary Public and requires specific formatting and content requirements as per Philippine Rules of Court and the 2004 Rules on Notarial Practice. The affidavit serves as official documentation of abandonment and can be used for various legal purposes, including family court proceedings, property matters, or immigration cases. It must include detailed facts about the abandonment, the affiant's personal information, and supporting evidence as attachments.

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Affidavit Of Abandonment

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What is a Affidavit Of Abandonment?

The Affidavit of Abandonment is a crucial legal instrument in the Philippine legal system, used to formally document cases of abandonment. This sworn statement serves multiple purposes, from family law matters to property disputes, and must comply with the strict requirements of Philippine legislation, including the Family Code, Civil Code, and Rules of Court. The document is particularly significant in cases involving child custody, spousal abandonment, property disputes, or immigration matters. When executing an Affidavit of Abandonment, the affiant must provide detailed information about the circumstances of abandonment, including dates, locations, and efforts made to locate the absent party. The document requires proper notarization and often plays a crucial role in subsequent legal proceedings, serving as primary evidence of abandonment.

What sections should be included in a Affidavit Of Abandonment?

1. Title and Jurisdiction: Specifies the document type and the jurisdiction where it is being executed

2. Affiant Information: Complete details of the person making the affidavit including full name, age, citizenship, civil status, and complete address

3. Relationship Statement: Details of the affiant's relationship to the abandoned person/property

4. Facts and Circumstances: Detailed narrative of the abandonment including dates, locations, and specific circumstances

5. Period of Abandonment: Statement specifying how long the abandonment has been ongoing

6. Efforts to Locate: Description of attempts made to locate or contact the person who has abandoned

7. Declaration of Abandonment: Formal statement declaring the abandonment and its implications

8. Purpose Statement: Statement of the purpose for executing the affidavit

9. Certification of Truthfulness: Statement certifying that the contents are true and correct

10. Jurat: Formal closing section for notarization

What sections are optional to include in a Affidavit Of Abandonment?

1. Witness Statements: Additional statements from witnesses who can corroborate the abandonment, used when independent verification is available

2. Financial Support Statement: Details of any financial obligations or support provided, particularly relevant in cases of child or spouse abandonment

3. Property Details: Detailed description of abandoned property, used specifically in cases of property abandonment

4. Future Intentions: Statement of intended actions or plans following the declaration of abandonment, used when specific future actions are contemplated

5. Waiver of Rights: Statement waiving certain rights or claims, used when legally appropriate and necessary

What schedules should be included in a Affidavit Of Abandonment?

1. Government ID: Copy of affiant's valid government-issued identification

2. Proof of Relationship: Documents establishing relationship (marriage certificate, birth certificate, etc.)

3. Evidence of Abandonment: Supporting documents such as police reports, barangay certificates, or other relevant evidence

4. Proof of Search Efforts: Documentation of attempts to locate the person who has abandoned

5. Witness Identification: Copies of government IDs of any witnesses included in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Affidavit

Cost

Free to use
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