“I'd rather regret the things that I have done than the things that I have not.”
― Lucille Ball

Sunday, May 17, 2015

Affidavit in the Netherlands

Red Ribbon Consul letter
Following statement is from a Dutch public Notary, regarding the difference of the Common Law system and Civil Law system, as we have in the Netherlands, in case of an affidavit. See the full article here or contact the author by e-mail rene.rieter@twobirds.com :

Where the use of affidavits is a customary practice in Common Law courts (mainly in the U.S., but also the U.K. Australia and the Philippines (addition of me)), most lawyers in the Netherlands will have only vaguely heard of them. Nonetheless, it's certainly possible to swear an affidavit under Dutch law.

So if you have a court case in the Philippines or a governmental issue for which you have to provide information (facts or statements, not opinions) from someone under oath, in the Netherlands (or another country using the Civil Law system), there are three ways to do this.

Make sure you have already written the affidavit (see for examples the Download tab on this site). The options are:

  1. Let the person who should execute the affidavit travel to the Philippines, and let him/her swear before a Notary public that he/she is the person who executes the affidavit. Quite expensive I guess.
  2. Follow the procedure described by the author of above statement, it will cost you a few hundred euro's. You might even need to get an apostille stamp, so additional costs to be added.
  3. The person who needs to execute an affidavit brings the document to the Philippines embassy in the Hague signs the affidavit in front of the consul and swears before the consul that he/she is the person who executes the affidavit; the consul will act as a "duly commissioned and qualified" person by the Republic of the Philippines to take the oath required for executing the affidavit, in 2015 the cost are 22.50 euro's. 
In all cases bring a valid ID, preferably a passport.

If you go for the last option the consul will make an additional document and seal it with a red ribbon to the affidavit. A copy (scan) can be sent by e-mail to the Philippines for the court clerks and your attorney or whoever needs it, such that the case or procedure can be continued. The original documents (also called true copy) are to be sent by mail- or parcel-service and will arrive later and will be handed over to the judge or government employee when required.

I have done this (option 3) now two times successfully;
  1. For a recent court case I made an "Affidavit of Consent"
  2. A couple of years ago I made an "Affidavit of Ownership" as part of the exemption of import tax procedure for Customs in the Philippines, see this blog post.
I will add some more affidavit examples, anonymous,  to my Download tabs the coming weeks or months.

Apart from some affidavit examples, I also added the "Red Ribbon Consul letter" to the Downloads page, as to give you an idea of what you can expect if you go for option three.


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