Affidavit of Personal Service

An Affidavit of Personal Service serves as proof that a certain document is personally delivered to the document's recipient or to his representative if he is absent at his address at the time of delivery. The person swearing on an Affidavit of Personal Service is called the affiant and will state the circumstances and the manner by which the document is delivered personally to the recipient or the recipient's representative.

What is the value of this document?

This is most commonly used if there is a case that will be filed in court and there needs to be evidence to prove that a certain document has been delivered to the intended recipient. This is also called proof of delivery or proof of service. For more information about proof of delivery, the following guide may be visited: How to send a letter?

For example, if a person personally delivers a demand letter to the intended recipient, then said person must execute an Affidavit of Personal Service to prove that the demand letter was delivered personally to the recipient.

This is used only if important documents are to be delivered such as demand letters and contracts that are relevant to cases filed in a court of law. If goods or a sum of money is delivered, then an Acknowledgment Receipt should be used to prove delivery.

How to use this document

An Affidavit of Personal Service contains the following information:

• The identity of the affiant who may be the sender named in the document delivered,
• The identity of the recipient or his representative,
• The name and date of the document or documents personally delivered,
• The recipient's address, and
• The other ways by which the document is delivered such as registered mail, or private courier.

If besides personal delivery, the document is also delivered through any other delivery method such as registered mail, regular mail, or private courier, the necessary proof showing how the document was delivered such as return cards or official receipts, must be attached to the affidavit.

A receiving copy is an extra copy of the delivered document that the recipient or his/her representative should sign at the time it has been delivered personally. The receiving copy of the delivered document should also be attached to this affidavit regardless of whether the recipient signed the same.

After completing the affidavit, at least two copies must be printed. Then both copies must be presented and signed in front of a notary public for notarization. One copy will be given to the notary public, and the other will be kept by the affiant and may be used for any purposes including its use as proof of delivery in case a dispute is brought to court concerning the document.

Applicable Law

Affidavits are governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized affidavit may be punishable under the Revised Penal Code of the Philippines.

How to modify the template

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