An Omnibus Sworn Statement is a specialized legal document that consolidates multiple declarations under a single oath. Unlike a typical affidavit, which usually attests to one specific fact, an omnibus statement bundles various affirmations into one comprehensive notarized document. This format is widely used in government and business transactions where efficiency and legal compliance are essential.
The term “omnibus” means “relating to or dealing with many things at once,” highlighting its function as a single instrument for multiple attestations. Instead of submitting several separate documents, a party can use this statement to simultaneously confirm their identity, legal standing, business practices, and compliance with various laws and regulations.
Common Situations Requiring an Omnibus Sworn Statement
While the Omnibus Sworn Statement is most commonly associated with government procurement under Republic Act No. 9184, it is also required in other official transactions. Here are the most common situations where individuals and organizations need to prepare one:
- Government Procurement Bidding — Required from all bidders participating in public bidding for government contracts under RA 9184.
- Scholarship and Grant Applications — Some government and private scholarship programs require applicants to submit an Omnibus Sworn Statement to confirm their eligibility, residency, and financial status.
- Job Applications for Government Positions — Certain government agencies and local government units require applicants to submit this statement as part of their pre-employment requirements.
- Business Registration and Licensing — Used when applying for permits, licenses, or accreditations with government regulatory bodies.
- Accreditation for Suppliers and Contractors — Private companies and government entities may require this document when accrediting suppliers, contractors, or service providers.
- Visa and Immigration Applications — Some visa categories and immigration processes require sworn statements attesting to financial capacity, relationship status, or travel history.
Why an Omnibus Sworn Statement is Required
The requirement for an Omnibus Sworn Statement is rooted in the principles of transparency, accountability, and due diligence. Here is why it is so important:
- Due Diligence: The statement allows the requesting entity to efficiently verify a bidder’s or applicant’s eligibility and qualifications. It acts as a single point of reference for critical information, reducing the administrative burden of checking multiple individual documents.
- Integrity: It legally obligates the signatory to affirm the truthfulness of all declarations under oath. This is a powerful tool to deter fraud, collusion, and misrepresentation. By signing, the affiant confirms that they have not engaged in corrupt practices, such as giving bribes or having relationships with government officials that could influence the process.
- Legal Standing and Compliance: The document requires the affiant to declare their legal structure and to confirm that they are not “blacklisted” and are in full compliance with labor and other relevant laws. This protects the requesting party from contracting with non-compliant or fraudulent entities.
- Verification Authority: A key part of the statement is the affiant’s authorization for the requesting entity to verify the authenticity of all submitted documents. This provides the legal basis for cross-referencing and auditing the information provided.
Legal Implications of False Statements
An Omnibus Sworn Statement is a legally binding document. Making false statements under oath is a serious criminal offense in the Philippines.
- Crime of Perjury: Under Article 183 of the Revised Penal Code of the Philippines, as amended by Republic Act No. 11594, a person who knowingly makes an untruthful statement in an affidavit upon a material matter may be charged with perjury.
- Penalties: The penalty for perjury is prisión mayor in its minimum period to prisión mayor in its medium period, which translates to imprisonment for six (6) years and one (1) day to ten (10) years. If the offender is a public officer or employee, the penalty is even higher, and they will also face a fine not exceeding one million pesos and perpetual disqualification from holding any public office.
- Administrative and Financial Penalties: For government procurement, making false statements can also lead to administrative sanctions, such as blacklisting, forfeiture of bid security, and disqualification from future government projects, in addition to criminal liability.
How to Prepare and Complete the Form
Filling out an Omnibus Sworn Statement correctly is essential to avoid rejection or delays. Follow these steps to prepare the document properly:
Step 1: Gather Required Documents
Before filling out the form, prepare a valid government-issued identification card and any supporting documents that confirm the declarations you will make, such as business registration certificates or board resolutions.
Step 2: Fill Out the Header Information
Write the city or municipality where the statement will be notarized in the blank space provided. Include your full legal name, civil status, nationality, and complete residential address.
Step 3: Choose the Correct Legal Capacity Statement
Select only the statement that applies to your situation and delete the others. If you are a sole proprietor, choose the sole proprietorship option. If you represent a partnership, corporation, cooperative, or joint venture, select the representative option and attach the required proof of authorization.
Step 4: Complete All Declarations
Read each of the numbered declarations carefully. Do not alter or omit any statement. If any declaration does not apply to your situation, consult a lawyer or the requesting agency before making changes.
Step 5: Sign in the Presence of a Notary Public
Do not sign the document in advance. You must sign the statement personally before a duly commissioned notary public who will administer the oath and complete the jurat section.
Where to Get It Notarized and How Much It Costs
Notarization services are available at the following locations across the Philippines:
- Notary Public Offices — Private lawyers who are commissioned as notaries can notarize documents at their law offices. Most cities and municipalities have multiple notaries available.
- City or Municipal Hall — Some local government units have a notary public on duty or can refer you to an authorized notary in the area.
- Courthouses — Clerks of court and some court personnel may provide notarization services for certain documents.
- Online Notarization — Under the Revised Rules on Notarial Practice, certain documents may be notarized through video conferencing, depending on the rules of the notary’s commissioning court. Check with your local notary for availability.
Typical Notarization Costs: The cost of notarizing an Omnibus Sworn Statement in the Philippines generally ranges from one hundred pesos to three hundred pesos, depending on the location and the notary public. Some notaries may charge additional fees for administering the oath or for multiple copies. Always ask for the official receipt.
Requirements for Notarization: Bring a valid government-issued ID with your photograph and signature. The notary public must personally know you or verify your identity through competent evidence of identity as defined in the 2004 Rules on Notarial Practice.
Omnibus Sworn Statement Template
Below is the complete template of a standard Omnibus Sworn Statement used in government procurement in the Philippines, consistent with the requirements of Republic Act No. 9184 and its current Implementing Rules and Regulations.
OMNIBUS SWORN STATEMENT
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF ______________) S.S.
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:
1. Legal Capacity of the Bidder
(Instructions: Choose the statement that applies to the bidder and delete the others.)
- If a sole proprietorship: I am the sole proprietor or authorized representative of [Name of Bidder] with office address at [address of Bidder];
- If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder];
2. Power and Authority to Represent
(Instructions: Choose the statement that applies to the bidder and delete the others.)
- If a sole proprietorship: As the owner and sole proprietor, or authorized representative of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached duly notarized Special Power of Attorney;
- If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached [state title of attached document showing proof of authorization];
3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board;
4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;
6. Relationship with Government Officials
(Instructions: Choose the statement that applies and delete the others.)
- If a sole proprietorship: The owner or sole proprietor is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
- If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
- If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
7. [Name of Bidder] complies with existing labor laws and standards;
8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: a) Carefully examining all of the Bidding Documents; b) Acknowledging all conditions, local or otherwise, affecting the implementation of the Contract; c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and d) Inquired or secured Supplemental/Bid Bulletin(s) issued for the project;
9. [Name of Bidder] did not give or pay, directly or indirectly, any commission, amount, fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project or activity;
10. I am making this statement in compliance with the requirements of Republic Act No. 9184 and its Revised Implementing Rules and Regulations.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 20__ at _____________________, Philippines.
__________________________________________
[Name of Affiant]
[Bidder’s Representative/Authorized Signatory]
[Signatory’s Legal Capacity]
Affiant
JURAT
SUBSCRIBED AND SWORN to before me this ____ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______________________.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
NAME OF NOTARY PUBLIC
Serial No. of Commission ________________
Notary Public for ________________ until ________________
Roll of Attorneys No. __________________
PTR No. __________________, [date issued], [place issued]
IBP No. __________________, [date issued], [place issued]
Doc. No. __________________
Page No. __________________
Book No. __________________
Series of __________________
Common Mistakes to Avoid
Errors in an Omnibus Sworn Statement can cause delays, rejection of bids, or even legal problems. Here are the most common mistakes and how to prevent them:
- Choosing the Wrong Legal Capacity Statement: Many applicants accidentally select the partnership or corporation option when they are actually sole proprietors, or vice versa. Always verify your business registration type before filling out the form.
- Signing Before Meeting the Notary: The signature must be made in the physical or virtual presence of the notary public. A pre-signed document will be rejected.
- Leaving Blank Spaces: Do not leave any blank fields in the document. If a field does not apply, write “N/A” or “Not Applicable” instead of leaving it empty.
- Using an Outdated Template: Government procurement requirements may change with revised implementing rules. Always use the latest template from the procuring entity or the Government Procurement Policy Board website.
- Forgetting to Attach Proof of Authority: If you are signing on behalf of a partnership, corporation, or cooperative, you must attach the proper authorization document, such as a Secretary’s Certificate, Board Resolution, or Special Power of Attorney.
Frequently Asked Questions
How much does an Omnibus Sworn Statement cost?
The document itself is free if you download the template online. The notarization fee typically ranges from one hundred pesos to three hundred pesos, depending on the notary public and location.
Where can I get an Omnibus Sworn Statement notarized?
You can have it notarized by any duly commissioned notary public at a law office, city hall, or courthouse. Some areas also offer online notarization through video conferencing. Bring a valid government-issued ID.
How long is an Omnibus Sworn Statement valid?
There is no fixed expiration date under the law, but most government agencies and procuring entities require the statement to be dated within three to six months of the transaction or bid submission. Always check the specific requirements of the requesting party.
What is the difference between an Omnibus Sworn Statement and an affidavit?
An affidavit typically attests to one specific fact or event, while an Omnibus Sworn Statement bundles multiple declarations under one oath. The omnibus format is more efficient for transactions that require several affirmations at once.
Can an Omnibus Sworn Statement be handwritten?
It is strongly recommended to type the document for clarity and professionalism. Some agencies may reject handwritten statements. If you must handwrite it, ensure that all entries are legible and that no alterations or erasures are made after signing.
Do I need a lawyer to prepare an Omnibus Sworn Statement?
No, you do not need a lawyer to prepare the statement. However, if you are unsure about which declarations apply to your situation or how to fill out the form correctly, consulting a lawyer can help prevent errors and legal complications.
What happens if I make a mistake on the form?
If you discover a mistake before notarization, simply print a new copy and fill it out correctly. If the error is found after notarization, you may need to execute a new statement or an affidavit of correction, depending on the requirements of the requesting agency.
Related Services from RB Advertising
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