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Custodian Of Records Affidavit for Philippines

Custodian Of Records Affidavit Template for Philippines

A Custodian of Records Affidavit is a formal sworn statement used in the Philippines that authenticates and verifies the maintenance, custody, and accuracy of business or organizational records. This document, governed by Philippine law including the Rules of Court and the 2004 Rules on Notarial Practice, serves as a critical tool in establishing the authenticity and admissibility of records in legal proceedings. The affidavit details the custodian's role, the nature of the records maintained, the record-keeping practices employed, and includes specific declarations about the records' authenticity and maintenance in the regular course of business.

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What is a Custodian Of Records Affidavit?

The Custodian of Records Affidavit is a essential legal instrument used in the Philippines when there is a need to authenticate records for legal, administrative, or regulatory purposes. This document becomes necessary when organizations need to establish the authenticity and reliability of their records, particularly in situations involving litigation, regulatory compliance, or official proceedings. The affidavit must comply with Philippine legal requirements, including the Rules of Court and notarial regulations, and typically contains detailed information about the records' maintenance, storage, and chain of custody. It is commonly required in court proceedings, government investigations, due diligence processes, and regulatory submissions, where the authenticity and reliability of business records need to be formally established.

What sections should be included in a Custodian Of Records Affidavit?

1. Affiant Identification: Full legal name, position/title, and business address of the person making the affidavit

2. Basis of Authority: Statement establishing the affiant's role, responsibilities, and authority as custodian of the records

3. Records Description: Detailed description of the records being authenticated, including their nature, type, and date range

4. Custody and Control: Statement confirming the affiant's custody and control over the records, including storage location and access protocols

5. Record-Keeping Practices: Description of how the records are created, maintained, and preserved in the regular course of business

6. Authentication Statement: Formal declaration of the records' authenticity and compliance with business record-keeping requirements

7. Verification: Standard verification statement affirming that the contents are true and correct of the affiant's own knowledge

8. Jurat: Notarial section where the affiant swears to or affirms the truth of the contents before a notary public

What sections are optional to include in a Custodian Of Records Affidavit?

1. Digital Records Statement: Additional section when dealing with electronic records, addressing compliance with the Electronic Commerce Act

2. Data Privacy Compliance: Section specifically addressing compliance with data privacy laws when records contain personal information

3. Chain of Custody: Detailed section tracking the history of the records' custody when multiple custodians have been involved

4. Corporate Authority: Additional section when the affiant is acting on behalf of a corporation, establishing corporate authorization

5. Translation Certification: Required when any of the records are not in English or Filipino and need translation authentication

What schedules should be included in a Custodian Of Records Affidavit?

1. Schedule A - Record Index: Detailed listing of all records being authenticated, including document titles, dates, and reference numbers

2. Schedule B - Supporting Documents: Copies of relevant supporting documents such as appointment letters or corporate authorizations

3. Appendix 1 - Record Samples: If applicable, examples or samples of the types of records being authenticated

4. Appendix 2 - Chain of Custody Documentation: If applicable, documentation showing the transfer and maintenance history of the records

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions




























Clauses




















Relevant Industries

Healthcare

Financial Services

Legal Services

Education

Government

Manufacturing

Technology

Telecommunications

Insurance

Real Estate

Banking

Retail

Transportation

Energy

Construction

Professional Services

Relevant Teams

Legal

Compliance

Records Management

Administrative Services

Information Technology

Operations

Quality Assurance

Document Control

Regulatory Affairs

Information Management

Corporate Secretariat

Facilities Management

Relevant Roles

Records Manager

Compliance Officer

Corporate Secretary

Administrative Manager

Document Control Specialist

Quality Assurance Manager

Legal Records Custodian

Information Management Officer

Archive Manager

Facility Manager

Operations Manager

Office Manager

Department Head

Executive Assistant

Database Administrator

IT Manager

Chief Information Officer

Regulatory Affairs Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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