Affidavit of No Employment in the Philippines: When You Need One and How to Get It Notarized

If a school, an agency or a would-be employer has asked you for an “Affidavit of No Employment,” you are not being asked to prove you are jobless in some abstract sense — you are being asked to put your employment status on record, under oath, for one specific purpose on one specific date. That distinction matters, because the document carries real legal weight: it is sworn before a notary public, and a false one can expose you to a criminal perjury case, not just a denied application.

This guide explains what the affidavit actually is, when an agency genuinely needs it instead of a barangay certificate, how to get it properly notarized, and what happens if the statement in it turns out to be untrue.

Direct Answer

An Affidavit of No Employment is a sworn, notarized statement declaring that you currently have no employer and no income from employment, made for a specific requesting party and a specific purpose. No single law requires or defines this exact document; it exists because individual agencies, schools, lenders and employers ask for it as proof of employment status. Its legal weight comes from the 2004 Rules on Notarial Practice, which govern how it must be signed and sworn, and from the Revised Penal Code, which makes a knowingly false one a crime.

Key Takeaways

There is no “Affidavit of No Employment Law” — it is a general-purpose sworn statement whose content, format and required supporting documents are set by whichever office is asking for it, not by a national statute.
Some programs that look like they need this affidavit — DSWD crisis assistance and local PhilHealth indigent sponsorship among them — actually ask for a Barangay Certificate of Indigency instead. Always check the specific checklist before paying for notarization you did not need.
You must personally appear before the notary public with a valid government ID; a notary who skips this step is violating the 2004 Rules on Notarial Practice, and the document can later be challenged.
Signing a false affidavit is perjury under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594 (2021) — which raised the penalty to prision mayor in its minimum period (six years and one day to eight years), a fine of up to ₱1,000,000, and perpetual disqualification from public office if the affiant is a government officer or employee.
Government applicants and appointees are sometimes asked for this affidavit to confirm they hold no other government position, in line with the constitutional ban on double government compensation.
Employers, schools and lending institutions commonly request it for pre-employment screening, scholarship or financial-assistance applications, and loan co-maker verification — but none of these purposes is fixed by law, so the exact wording and attachments vary by requesting party.
There is no fixed national notarial fee for a one-page affidavit; rates are set by the individual notary or law office, so ask beforehand.
If the document is rejected, challenged, or you are unsure whether you actually need a notarized affidavit versus a simple certificate, your first move should be to ask the requesting office directly what it will accept — not to assume the strictest version is required.

Legal Basis

Authority	Classification	Rule Supported	Effect
2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), Rule II, §6 and §12^[1]	Supreme Court rule (procedural)	An affidavit must be signed and sworn in the notary’s presence, with the affiant personally appearing and presenting competent evidence of identity	An affidavit notarized without personal appearance or valid ID is defectively notarized and can be challenged or disregarded
SC En Banc Resolution (March 4, 2025), amending A.M. No. 02-8-13-SC^[2]	Supreme Court rule (procedural, recordkeeping)	Notaries must digitally report notarized instruments to the Clerk of Court through a registered professional email	Does not change what you as the affiant must do, but confirms every notarized affidavit now leaves a digital paper trail with the courts
Revised Penal Code (Act No. 3815), Art. 183, as amended by Republic Act No. 11594 (2021)^[3]	Statute (criminal)	Perjury — knowingly making an untruthful statement in an affidavit on a material matter, before a person authorized to administer oaths	Prision mayor minimum (6 years, 1 day to 8 years), a fine up to ₱1,000,000, and perpetual disqualification from public office if a public officer or employee
Revised Penal Code, Art. 172^[4]	Statute (criminal)	Falsification of a private or public document, or use of a falsified document, to the damage of a third party or the public	Separate or additional criminal exposure when a false affidavit is actually used to obtain money, a benefit, or a privilege
1987 Constitution, Art. IX-B, §7^[5]	Constitutional provision	No appointive government official or employee may hold any other office or employment, or receive additional, double or indirect compensation, unless allowed by law	A government office may require an applicant or appointee to affirm under oath that they hold no other government position
Union Bank of the Phils. and Tomas v. People, G.R. No. 192565, Feb. 28, 2012^[6]	Supreme Court decision	Perjury through a false affidavit is committed, and may be prosecuted, where the affidavit is subscribed and sworn — i.e., where it is notarized	Confirms a false affidavit is a real, locatable criminal exposure, not merely grounds to deny an application
Mina v. Attys. Manigos, Anchuvas and Arca, A.C. No. 7941, July 29, 2025^[7]	Supreme Court decision (legal ethics)	A notary public must not notarize any instrument unless the affiant personally appears	The notary (not just the affiant) who skips personal appearance faces suspension, revocation of notarial commission and disqualification from being recommissioned

What an Affidavit of No Employment Is — and Is Not

An Affidavit of No Employment is a one-page sworn statement in which you, the affiant, declare under oath that as of a given date you have no employer and no income from employment, and that you are executing the affidavit for a stated purpose — typically because a specific office, school, lender or employer required it. Structurally it is like any other affidavit: a caption identifying you, a body stating the facts, a signature, and a jurat — the notary’s certification that you personally appeared, were identified, and swore to the truth of the statement before them.^[1]

What it is not: it is not a government-issued ID, a benefit entitlement, or proof that you qualify for any particular program. It only proves that you made a sworn statement on a given date. The requesting office still independently decides whether you qualify for whatever you are applying for, and it can still ask for corroborating documents.

It is also not created by the Labor Code. “Employment” in this context is used in its ordinary sense — having a job and drawing income from it — not the technical labor-law concept of an employer-employee relationship. That distinction matters for people in gray areas: a commission-only agent, a gig-platform rider, a small sari-sari store owner, or someone whose work is irregular and undocumented may genuinely have income without a formal employer, or may be legally an employee without realizing it.

When It Is Actually Required (and When a Barangay Certificate Will Do)

Because no statute defines when this affidavit is needed, the honest answer is: it depends entirely on who is asking. Based on currently published requirement lists, three patterns are worth knowing before you pay to have anything notarized:

Crisis and indigent-program assistance often asks for a barangay certificate, not this affidavit. DSWD’s Assistance to Individuals in Crisis Situation (AICS) lists a “Barangay Certificate of Residency or Certificate of Indigency” for cash relief and group food assistance — not a notarized affidavit.^[8] Quezon City’s free PhilHealth coverage for qualified indigent residents likewise asks for a Barangay Certificate of Indigency, assessed by the city’s Social Services Development Department, with no affidavit in the checklist.^[9] If a program like this is what you are applying for, ask the local social welfare office first — you may not need a notarized document at all.
Pre-employment and dual-employment screening is where a notarized affidavit is genuinely common. Employers — government offices especially — regularly require new hires or appointees to execute a sworn statement that they hold no other job, to confirm they are not drawing a salary from two employers at once. This tracks the constitutional rule against double government compensation.^[5]
Scholarship, financial-aid, loan and visa-sponsorship checklists vary program by program. Some school-based or LGU scholarship programs ask a parent or applicant to sign an affidavit confirming no income beyond what was declared; others accept only the barangay certificate; some ask for both. There is no uniform national rule, so always confirm the specific program’s documentary checklist before assuming you need a notarized affidavit.

The practical rule: treat “Affidavit of No Employment” as the strict, notarized version of a broader family of unemployment or no-income declarations. If the requesting office’s own checklist says “barangay certificate,” that is cheaper and faster, and a notarized affidavit will not substitute for it unless they say it will.

What “No Employment” Must Actually Mean When You Sign

Because this is a sworn statement, precision matters more than convenience. Before you sign, be clear with yourself on three points:

Do you have an employer-employee relationship with anyone? Philippine courts apply a four-fold test — selection and engagement, payment of wages, power of dismissal, and power of control over the means and methods of work — to decide this, and the label a company gives you (“contractor,” “partner,” “agent”) does not control the answer.^[10] If you perform regular work under someone else’s control and are paid for it, you may be an employee even without a formal contract, and a sworn “no employment” statement would be false.
Are you self-employed or informally earning instead? Running a small business, driving for a ride-hailing or delivery platform as an independent operator, freelancing, or doing occasional paid work without an employer is not “no employment” in the plain sense most requesting offices mean — it is self-employment or informal income. Read the affidavit’s exact wording: some ask only about having an employer; others ask more broadly about having any income. Sign only the version that accurately describes your situation, or ask to have the wording corrected before you swear to it.
Is the statement true as of the date you sign, not as of some other time? If you resigned last month but picked up freelance work last week, “currently unemployed” may no longer be accurate. Date the affidavit to match your actual situation on the day you execute it.

If you are unsure whether your situation counts as employment, get a Certificate of Employment from a recent employer, or review how the law defines the employment relationship, before swearing to a blanket statement that you have none.

How to Get One Notarized: Requirements and Process

The process is the same regardless of who is requesting the affidavit, because it is governed by the notarial rules, not by the requesting office:

Draft or obtain the exact wording the requesting office wants. Many offices supply their own template; if not, keep the statement specific — your full name, your current address, the fact that you have no employer and/or no income from employment as of the date of signing, and the purpose for which the affidavit is being executed.
Bring a valid, unexpired government-issued photo ID. The Rules on Notarial Practice require “competent evidence of identity” — ordinarily a current ID bearing your photograph and signature issued by an official agency. Without it, a notary who still proceeds is violating the rules, and a document notarized that way is open to challenge.^[1][7]
Appear in person before the notary. You cannot have someone else sign on your behalf, and the notary cannot notarize a document you signed somewhere else and merely dropped off. Personal appearance is not optional — it is the single most litigated requirement in Philippine notarial-ethics cases.^[7]
Sign in the notary’s presence and take the oath. The notary will ask you to swear to the truth of the statement, then complete the jurat with the date, place, and their notarial details.
Pay the notarial fee. There is no single fixed national rate for a short, one-page affidavit — individual notaries and law offices set their own fees. Ask what the fee is before you sign, rather than assuming a figure.
Keep the original and make copies. Most requesting offices want the original or a certified true copy; keep at least one extra copy for your own records, since the notary also keeps an entry in their notarial register (and, since 2025, reports it digitally to the Clerk of Court).^[2]

Any lawyer currently commissioned as a notary public can notarize this affidavit — it does not have to be a specific government office. If you cannot afford a private notary and the affidavit is connected to an actual legal matter the Public Attorney’s Office is handling for you as a qualified client, ask PAO whether it can assist; PAO is not a general walk-in notarization service for documents unconnected to a case it is handling.

What Happens If the Affidavit Is False: Perjury and Falsification Risk

Signing this affidavit is not a formality you can treat loosely. Two distinct criminal exposures follow from a knowingly false statement:

Perjury (Art. 183, RPC, as amended by RA 11594). Knowingly making an untruthful statement on a material matter in a sworn affidavit, where the law requires an oath, is perjury. Since 2021 the penalty is prision mayor in its minimum period — six years and one day to eight years — plus a fine of up to ₱1,000,000. If the person who signs is a public officer or employee, the maximum of that range applies, together with perpetual absolute disqualification from holding any appointive or elective government position.^[3] This is a substantially heavier penalty than the arresto mayor/prision correccional range many older articles still describe — RA 11594 raised it specifically to deter false sworn statements.
Falsification and use of a falsified document (Art. 172, RPC). If the false affidavit is actually submitted and used to obtain a benefit, a job, or a privilege you would not otherwise qualify for, you can face separate or additional liability for using a falsified document to cause damage.^[4]

Venue is not a technicality you can rely on to avoid prosecution: the Supreme Court has held that perjury through a false affidavit is committed where the affidavit is subscribed and sworn — that is, wherever it was actually notarized — even if the document is later used somewhere else.^[6] Beyond criminal exposure, a false affidavit discovered later will also typically mean immediate denial, revocation, or forfeiture of whatever benefit, job offer, or assistance it supported, and can be used as evidence of bad faith or dishonesty in a separate proceeding (an illegal-dismissal case, a disciplinary action, or a civil service matter) if the issue resurfaces.

Affidavit of No Employment vs. Related Documents

Document	Who issues it	What it actually proves	Typical use
Affidavit of No Employment	You, sworn before a notary public	Your own sworn declaration of no employer/income as of a stated date	Pre-employment screening, some scholarship, loan or visa checklists
Barangay Certificate of Indigency	The barangay, after its own assessment	The barangay’s own certification of your residency and economic status	DSWD crisis assistance, LGU indigent PhilHealth sponsorship^[8][9]
Certificate of Employment	Your current or former employer	Dates of employment and position held — that you were or are employed	Job applications, loan processing, government benefit claims
DOLE unemployment (involuntary separation) certification	DOLE, as part of an SSS unemployment benefit claim	That your last separation from employment was involuntary, for a government benefit	SSS unemployment benefit applications only

A Practical Example

Maria, a 24-year-old applicant for a part-time instructor position at a private review center in Cebu, is told the center requires all new hires to sign a notarized affidavit stating they have no other job, because the position is exclusive and full attendance is required during exam season. Maria left her previous retail job two weeks ago and has done no paid work since. Before signing, she checks: she has no pending freelance gig, no commission-based side income, and no other employer. She brings her passport as valid ID, appears personally before a notary near the review center, and signs the affidavit the center itself drafted, which states she has “no employer and no other source of employment income as of [date].” Because the statement is accurate on the day she signs it, she has nothing to worry about. Had Maria still been doing weekend freelance tutoring for cash, she would have needed to disclose that or ask the review center how it wanted that situation described, rather than sign a blanket “no employment” statement that was not true.

Your Options and What to Do Next

If You Need to Sign One

Confirm with the requesting office exactly what document they want — a notarized affidavit, a barangay certificate, or either — before paying for notarization you may not need.
Get the exact required wording, or draft a short, accurate statement naming your situation, the date, and the purpose.
Bring a valid, unexpired government ID and appear personally before a commissioned notary public.
Read the statement carefully before swearing to it; correct any wording that does not match your actual situation (self-employed, informal income, recently separated, etc.).
Keep the original and at least one extra copy for your own file.
If your employment status changes after you sign, tell the requesting office — do not rely on an affidavit that is now outdated.

If You’re an Employer, School or Agency Requesting One

State plainly what you actually need to know — no other employer, no other income, or no pending job offer — rather than a vague “no employment” phrase that different applicants will interpret differently.
Decide in advance whether a sworn affidavit is proportionate to the purpose, or whether a simpler certification or declaration would do; requiring notarization for low-stakes internal paperwork adds cost and delay without adding real verification.
If the affidavit supports a government appointment, cross-check it against the constitutional rule on no additional government employment or double compensation, not just your own internal policy.^[5]
If you later discover an affidavit your applicant or beneficiary gave you was false, you can treat the underlying approval (hiring, assistance, enrollment) as obtained on a false basis and may refer the matter for perjury or falsification liability — document the discrepancy before acting.

Frequently Asked Questions

Is there a government-prescribed form for an Affidavit of No Employment?

No. There is no single official template. Some requesting offices supply their own form; otherwise, any competent notary public or lawyer can help you draft a short, accurate affidavit stating your name, address, employment status, the date, and the purpose.

Can I notarize this affidavit online?

The Supreme Court has approved rules for electronic notarization, but availability depends on whether a particular notary is enrolled and equipped to notarize remotely. Ask the specific notary or law office you intend to use whether they offer this, and confirm the requesting party will accept an e-notarized document before relying on it.

What if I am self-employed — can I still sign this?

Only if the affidavit’s wording matches your actual situation. If you run a small business or freelance, you are not strictly “unemployed” even without a formal employer. Ask whether the requesting office wants a different statement (such as an affidavit of self-employment or no fixed income) instead of forcing your facts into the wrong template.

Does this affidavit expire?

The document itself does not carry a statutory expiry date, but it only attests to your status as of the date you signed it. Most requesting offices will not accept one that is many months old, since your employment status may have changed. Check the specific office’s own freshness requirement.

Can a lawyer draft the affidavit and also notarize it?

Yes, a lawyer who is also a commissioned notary public can both draft and notarize the same document, as long as they are not a party to the document themselves.

What happens if I sign this affidavit but later get hired the same week?

Getting hired after the date on the affidavit does not make the affidavit false, since it only attested to your status as of that date. But if the requesting office relies on the affidavit for an ongoing determination (continuing financial assistance, for example), you may be required to disclose the change going forward — check the program’s own rules on reporting changes in status.

Is a photocopy of a notarized Affidavit of No Employment valid?

Most offices require the original or a certified true copy from the notary’s file, not a plain photocopy, especially for formal applications. Ask the requesting office which it will accept before submitting a copy.

Paano kung wala akong trabaho pero may sideline akong kinikita?

Huwag mong sabihing “walang trabaho” kung may kinikita ka talaga sa sideline o freelance work, kahit paminsan-minsan lang. Sabihin sa notaryo at sa opisina kung ano talaga ang totoong sitwasyon mo, para hindi ito maging perjury kung mahalata.

Magkano ba ang bayad sa notaryo para sa ganitong affidavit?

Walang nakatakdang pare-parehong bayad sa buong bansa — bawat notaryo o law office ay may sariling rate. Tanungin muna bago pumunta, lalo na kung gagawa ka pa ng appointment.

Ano ang mangyayari kung may sinungaling akong isinulat sa affidavit?

Maaari kang managot sa perjury sa ilalim ng Artikulo 183 ng Revised Penal Code, na pinatindi na ng RA 11594 noong 2021 — may posibleng pagkabilanggo, multa, at kung ikaw ay empleyado ng gobyerno, permanenteng pagbabawal na humawak ng puwesto sa gobyerno.

Conclusion

An Affidavit of No Employment is a small document that carries real legal weight: once you swear to it before a notary, it is a sworn statement the law treats seriously, and a false one exposes you to perjury under a penalty Congress specifically raised in 2021. Before you pay to have one notarized, confirm the requesting office actually needs this exact document rather than a cheaper barangay certificate, make sure the wording matches your real situation, and appear personally with a valid ID so the notarization itself is not defective. Get those three things right, and the affidavit does exactly what it is supposed to do — nothing more, and nothing you will regret signing.

Sources and Legal Citations

Supreme Court of the Philippines, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC: sc.judiciary.gov.ph
Supreme Court of the Philippines, En Banc Resolution (March 4, 2025) amending A.M. No. 02-8-13-SC: sc.judiciary.gov.ph
Republic Act No. 11594 (2021), amending Article 183 of the Revised Penal Code (Act No. 3815): lawphil.net
Revised Penal Code (Act No. 3815), Article 172, Falsification by Private Individuals: lawphil.net
1987 Constitution of the Republic of the Philippines, Article IX-B, Section 7: officialgazette.gov.ph
Union Bank of the Philippines and Desi Tomas v. People of the Philippines, G.R. No. 192565, February 28, 2012: lawphil.net
Macario V. Mina v. Attys. Arnulfo H. Manigos, Florencio V. Anchuvas and Roberto B. Arca, A.C. No. 7941, July 29, 2025: lawphil.net
Department of Social Welfare and Development, Assistance to Individuals in Crisis Situation (AICS) Citizen’s Charter: aics.dswd.gov.ph
Quezon City Government, “How to Avail of Free PhilHealth Coverage for Indigent Qcitizens”: quezoncity.gov.ph
Tan v. Lagrama, G.R. No. 151228, August 15, 2002 (four-fold test for an employer-employee relationship): lawphil.net

Sources rechecked as of: November 5, 2026

This guide provides general legal information on Philippine law, not legal advice on specific facts. For a particular application, program or employment situation, confirm requirements directly with the requesting office, or consult a lawyer or the Public Attorney’s Office.