How to get special power of attorney in philippine embassy

REMINDERS

• Consular Notarization applications are STRICTLY BY APPOINTMENT ONLY.
  
• Bring complete requirements for consular notarization application. Applications with incomplete requirements and discrepant data will not be processed.
• Processing Fee for each copy of document to be consularized: US$25.00 (payable in cash, cashier’s check or US Postal Money Order payable to the Consulate only.)
• This service requires a Self-Addressed Stamped Envelope (SASE). (What is SASE? Click here) 

Click one of the services that best suits your needs:

CLICK ON THE ITEMS TO VIEW SAMPLES (all in pdf fillable format):

Affidavit of Appearance

Affidavit of Consent

Affidavit of Identity

Affidavit of Support and Consent and Special Power of Attorney

Affidavit of Support and Consent (RP to US and vice versa/WEG)

Affidavit of Undertaking

Affidavit of Citizenship for Batas Pambansa Blg. 185

General Power of Attorney  - this authorizes your agent/attorney in fact to do acts of administration on your behalf. Sale, mortgage or any other encumbrance on your property is an act of ownership and cannot be covered by a General Power of Attorney.

Special Power of Attorney - this authorizes your agent/attorney in fact to do specific acts and functions.

Authentication of a Public Document through Apostille

Beginning May 15, 2019, the Consulate cannot authenticate the signatures on the following public documents: (1) notarized documents and (2) documents signed/issued/certified by a Federal, State, County, City, University or School Official.

To use these types of public documents in the Philippines, these will only require an apostille certificate issued by competent authorities such as the following:

• For Consular Reports of Birth, Death and Marriage of US Citizens  -

Authentication Officer
United States Department of State
518 23rd Street NW
WASHINGTON, DC 20520
United States of America
Phone: +1 (202) 485-8000
Fax: +1 (202) 663-3636

• For Court Documents:

Clerks and deputy clerks of the following courts:
Supreme Court of the United States, the Courts of Appeals for the First through the Eleventh Circuits and the District of Columbia Circuit, the United States District Courts, the United States Court of Claims, the United States Court of Appeals, the United States Court of International Trade.

• For Public Documents issued in Arizona: (For details on requirements and procedures, visit Arizona's Apostille webpage here)

Filing By Mail
Arizona Secretary of State
Attn: Apostille Dept.
1700 W. Washington Street, Fl. 7
Phoenix, AZ 85007-2808
Phone: 602-542-6187 or 1-800-458-5842

In-Person Filing - Phoenix Office
State Capitol Executive Tower
1700 W. Washington Street
Suite 220

In-Person Filing - Tucson Office
Arizona State Complex Building
400 West Congress
First Floor, Suite 141

• For Public Documents issued in California: (For details on requirements and procedures,visit California's Apostille webpage here)

California Secretary of State-Los Angeles Office
300 South Spring Street, Room 12513
Los Angeles, CA 90013
(213) 897-3062

• For Public Documents issued in Nevada: (For details on requirements and procedures,visit Nevada's Apostille webpage here)

Nevada Secretary of State Las Vegas Office
2250 Las Vegas Blvd. North, Suite 400,
North Las Vegas, NV 89030
(702)486-2880
(775) 684-5708

ADDITIONAL RESOURCES (click on the links)

• Frequently Asked Questions (FAQ) about Apostille
• The ABCs of Apostille
• For more information on Judicial Recognition of Foreign Divorce in the Philippines, please click here.
• Questions and Answers on the application of Apostille for Philippine documents

Authentication of a Public Document through Apostille

Beginning May 15, 2019, the Consulate cannot authenticate the signatures on the following public documents: (1) notarized documents and (2) documents signed/issued/certified by a Federal, State, County, City, University or School Official.

To use these types of public documents in the Philippines, these will only require an apostille certificate issued by competent authorities such as the following:

• For Consular Reports of Birth, Death and Marriage of US Citizens  -

Authentication Officer
United States Department of State
518 23rd Street NW
WASHINGTON, DC 20520
United States of America
Phone: +1 (202) 485-8000
Fax: +1 (202) 663-3636

• For Court Documents:

Clerks and deputy clerks of the following courts:
Supreme Court of the United States, the Courts of Appeals for the First through the Eleventh Circuits and the District of Columbia Circuit, the United States District Courts, the United States Court of Claims, the United States Court of Appeals, the United States Court of International Trade.

• For Public Documents issued in Arizona: (For details on requirements and procedures, visit Arizona's Apostille webpage here)

Filing By Mail
Arizona Secretary of State
Attn: Apostille Dept.
1700 W. Washington Street, Fl. 7
Phoenix, AZ 85007-2808
Phone: 602-542-6187 or 1-800-458-5842

In-Person Filing - Phoenix Office
State Capitol Executive Tower
1700 W. Washington Street
Suite 220

In-Person Filing - Tucson Office
Arizona State Complex Building
400 West Congress
First Floor, Suite 141

• For Public Documents issued in California: (For details on requirements and procedures,visit California's Apostille webpage here)

California Secretary of State-Los Angeles Office
300 South Spring Street, Room 12513
Los Angeles, CA 90013
(213) 897-3062

• For Public Documents issued in Nevada: (For details on requirements and procedures,visit Nevada's Apostille webpage here)

Nevada Secretary of State Las Vegas Office
2250 Las Vegas Blvd. North, Suite 400,
North Las Vegas, NV 89030
(702)486-2880
(775) 684-5708

ADDITIONAL RESOURCES (click on the links)

• Frequently Asked Questions (FAQ) about Apostille
• The ABCs of Apostille
• For more information on Judicial Recognition of Foreign Divorce in the Philippines, please click here.
• Questions and Answers on the application of Apostille for Philippine documents

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The Consulate, through its Consular Officers, can notarize documents signed by individuals that will be used or presented in the Philippines. The notarized document will have a covering page ("ACKNOWLEDGMENT") with the gold eyelet and seal. PERSONAL APPEARANCE OF THE SIGNATORY OR SIGNATORIES IS A REQUIREMENT FOR CONSULAR NOTARIZATION.

• If your document has been notarized by a notary public or issued by a Federal, States, County, City or School Official within the areas covered by this Consulate click here

• If you have a document  notarized or issued by a Federal, State, County, City, University, School Official outside this Consulate's jurisdiction, please check here or here the consulate having jurisdiction to authenticate your document.
• If you live or in the area near San Diego California, then you can have your signed documents notarized with gold seal by the Philippine Honorary Consul in San Diego. [click here for the Philippine Honorary Consul's San Diego address]

• The Consular Officer reserves the right to refuse serving clients who fail to observe proper office decorum and health standards.

PROCEDURE

Before going to the Consulate, do the following:

1. Set up an appointment here.
2. Completely fill up and sign the number of forms you need notarized. Sample forms can be found here.  You can create your own form or fill-up the form required by the Philippine agency/institution for you to comply.
3. Make sure you have needed number of original documents that you want notarized and a photocopy of that document. For example, you need a Special Power of Attorney and a Deed of Sale notarized. Each original document to be notarized must have a photocopy.
4. Photocopy also your valid identification card (examples: driver's license, state identification card or passport) that shows the same full name and signature in your documents. Every original document to be notarized and its photocopy must have a photocopy of your valid identification card. Same instructions if there are other signatories going with you to the Consulate. For example, you need a Special Power of Attorney and Deed of Sale to be notarized and there are three (3) signatories. Both the documents to be notarized will have their photocopies; both the documents to be notarized and their copies must have photocopies of each of the signatories valid identification cards.
5. Bring your own pens.
6. Bring your own United States Postal Service (USPS) Priority Mail/Priority Mail Express Envelope. The USPS Priority Mail Envelope has to be self-addressed, postage prepaid and with USPS Tracking. To compute the amount of postage for a USPS Flat Rate Envelope, check here. The Consulate shall not assume any responsibility for passports/documents mailed through USPS . 

When you are arrive at the Consulate after pre-checking at the Consulate waiting area at the lobby:

1. Take the elevator to the 5th floor.
2. Line up and wait until your turn to proceed to the Hall Officer
3. When you reach the Hall Officer, the latter upon an initial check, will give your ticket number.
4. Once your ticket number is called, proceed to Notarial Window with your original documents, valid identification card/s (examples: driver's license, state identification card or passport) that shows the same full name and signature in your documents and photocopies of your documents and your valid identification card that shows the same full name and signature in your documents.
5. Processor will instruct you to go to the cashier to pay the acknowledgment fee $25 per original notarized document in cash, cashier's check or US Postal Money Order payable to the Philippine Consulate General Los Angeles only. For example, one original notarized Special Power of Attorney and one  original notarized Deed of Donation will cost a total of $50.
6. After receiving your official receipt, you can exit the Consulate and track your documents 24 hours later by entering your USPS tracking number here:

If you can or able to go to the Philippines for your NBI Clearance, then  you can set up your appointment here .

[ SAMPLE FILLED UP NBI FORM HERE ]

• Have the Fingerprint Card form authenticated by the Consulate so that the document can be considered legal for use in the Philippines (Fee: $25.00). Once authenticated by the Consulate, the application is considered "accomplished". See authentication process here .

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Importation of Pets to the Philippines

BAI MC 43 Clarificatory Guidelines Re Documentary Requirements in the Application for SPSIC for Pets

NEW REQUIREMENTS FOR BRINGING PETS TO THE PHILIPPINES

The Philippine Consulate General informs the public of the revised requirements for the transport of pets from the United States to the Philippines:

1. Import permit issued by the Philippine Bureau of Animal Industry (BAI), which can be obtained from  https://www.intercommerce.com.ph/registrationbai.asp (detailed procedures for the import permit application may be found in Annex A below); and

1. Health certificate issued by a United States Department of Agriculture (USDA) veterinarian or USDA-accredited veterinarian, dated within 30 days of arrival in the Philippines.
2. Mandatory identification of pet dog or cat with ISO compliant microchip / RFID (radio-frequency identification)

Failure to present these requirements may result in pet/s being quarantined upon arrival in the Philippines.

Effective June 01, 2018, dogs and cats imported without the required identification will be declined entry and returned to its origin. All costs incurred will be shouldered by the importer.

The public is further informed that authentication of the USDA Health Certificate by the Philippine Consulate General is no longer required.

ANNEX A: TRANSPORT OF PETS

REQUIREMENTS:

1. Import permit issued by the Philippines’ Bureau of Animal Industry (BAI)
2. Health certificate issued by a United States Department of Agriculture (USDA) veterinarian or USDA-accredited veterinarian.
3. Mandatory identification of pet dog or cat with ISO compliant microchip / RFID (radio-frequency identification)

Note: the above requirements must be presented at the Philippine airport upon arrival of the pet. (Failure to present the requirements may result in pet/s being quarantined upon arrival).

PROCEDURES:

1. To obtain an import permit from the Philippines’ Bureau of Animal Industry (BAI)

• Go to http://www.bai.da.gov.ph/ and click BAI ONE TIME LINK (almost at the bottom of the page). This leads to the form to fill out and submit.
• Alternately, do direct to https://www.intercommerce.com.ph/registrationbai.asp and fill out the form.

Applicant will be asked for a Username (email) and password, which will be used to check the status of the application. The status could be: 1) for Endorsement (meaning the application is waiting for the signature of the approving authority); 2) Approved; Rejected (the applicant will have to re-apply).

To check the status of the application, go to http://www.intercommerce.com.ph/home.asp or http://www.intercommerce.com.ph/login.asphome=HOME

If approved, click the reference number and it will bring applicant to the 3-page SPS permit.  Print the permit and present this at the Quarantine station in the airport (Philippines).

Approval usually takes 1-2 days.  Validity of the SPS permit is two months.

Please read the other requirements on the permit in order to import your pet(s), i.e. Veterinary Health Certificate and the updated Vaccination Record.

For the updated Vaccination Record, the following is needed:

DOGS: rabies vaccination and vaccination against distemper, leptospirosis, parvovirus, adenovirus type 2.

CATS: rabies vaccination and vaccination against herpes, calicivirus, panleukopenia and feline leukemia

1. To obtain health certificate from US authority

Secure a health certificate for each pet from a United States Department of Agriculture (USDA) veterinarian or USDA-accredited veterinarian. The health certificate should be dated within 30days before the date of arrival in the Philippines.  The certificate should certify that the animal is free from, and has not been recently exposed to, any dangerous or communicable disease, and that it has been given anti-rabies and other required inoculation.

Importation of Used Vehicles to the Philippines

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Only qualified individuals may bring in a used motor vehicle which shall be duly covered by a prior authority to import. Under appendix 1-D of BSP Circular-Letter, Series of 1995, dated October 19, 1995, the importation of used vehicles continue to be regulated and would therefore require prior authority from the Bureau of Import Services (BIS), Department of Trade and Industry (DTI).

No Dollar Importation Program Application Form and Requirements [click here] .

WHO IS QUALIFIED TO IMPORT USED MOTOR VEHICLES?

Pursuant to Sec.3 of E.O.156 and Sec.1,Part II of the  Implementing Guidelines thereof, the following individuals are allowed to import used motor vehicle under the No-Dollar Import Program:

1. Returning Resident- a Filipino citizen who has stayed in a foreign country for at least one (1) year and which residency shall be accumulated within the three (3) year period immediately preceding the date of filing of the application.
2. Immigrant-a person issued any of the following types of visa under the Philippine Immigration Act of 1940,as amended:

1. 1. A Filipino citizen and a holder of 13G Visa under Sec.13, Sub g(13g);
   2. A foreign national married to a Filipino and a holder of 13A Visa under Sec.13,Sub a (13a); or
   3. A Filipino citizen and holder of 47A and 47A2 issued to awardees of Special Government Project/s (SPG).e.g. Philippine Retirement Authority and Balik-Scientist Program.

Provided that:

1. The vehicle has a gross vehicle weight (GVW) not exceeding three (3) tons;
2. It is covered by an authority to import (Certificate of Authority to Import) issued under the No-Dollar Importation Program by the Bureau of Import Services (BIS) ;
3. It is personally owned and registered under the name of a returning resident or immigrant at least six (6) months prior to the date of application for permit to import with the BIS ;
4. It is for personal use;
5. It cannot be resold for at least three (3) years.

IS PERSONAL PRESENCE OF THE CAR-OWNER NECESSARY?

Personal presence by the car-owner of the used motor vehicle is required.

IS THERE ANY OTHER RESTRICTION ON THE MOTOR VEHICLE THAT MAY BE BROUGHT IN?

Yes. Whether brand-new or not, the motor vehicle should be left-hand drive.

IS THE IMPORTED VEHICLE SUBJECT TO TAXES AND DUTIES?

Yes. Whether brand-new or used, purchased or donated, the imported vehicle is subject to 40% Customs duty, 10% VAT and Ad Valorem Tax from 15% to 100% depending on its piston displacement. Its book value serves as the tax base and not the purchase price nor the acquisition cost. The book value is sourced from universally accepted motor vehicle reference books such as the Red Book, Blue Book, World Book depending on the origin of the imported vehicle.

ARE SPARE PARTS SENT WITH THE MOTOR VEHICLE ALSO TAXABLE?

Yes. These are taxed separately.

HOW CAN WE INQUIRE THE TAXES AND DUTIES PAYABLE?

By writing and providing information about the vehicle as to the make, brand, year model, piston displacement, Vehicle Identification Number (VIN) or chassis number or sending a copy of the registration to:

Valuation Center & Library
Bureau of Customs
South Harbor, Manila

and

One Stop Processing Center
Motor Vehicle
Manila International
Container Port
North Harbor, Manila

ARE THERE OTHER CHARGES ASIDE FROM TAXES AND DUTIES?

Yes. There are other non-customs charges that may be due on the shipment such as: storage and arrastre fees which may be collected by the privately-owned arrastre operator; by the shipping line and wharfage dues by the Philippine Ports Authority (PPA).

HOW IMPORTANT IS THE PRIOR IMPORT AUTHORITY (PIA)?

It is very important if the vehicle would not qualify as brand-new as herein defined. A used motor vehicle not covered by PIA shall be seized and may only be released upon payment of heavy penalties on top of the taxes and duties due thereon.

HOW IS PIA OBTAINED?

By submitting to BIS a duly accomplished application form which may be obtained from it and the following documents duly authenticated by the nearest Philippine Consulate abroad where the car-owner resides:

1. Proof of his continuous stay abroad for at least one (1) year;
2. Copy of the registration papers showing that the vehicle is registered in his name for at least six (6) months;
3. Proof that the car was acquired out of the earnings abroad.

 WHERE IS THE BIS LOCATED?

The address is as follows:

Bureau of Import Services
3rd Flr., Welding Industries of the Philippines Building
349 Sen. Gil Puyat Avenue Makati City, Metro Manila
Tel. No. (632)895-7466

IS DEPRECIATION IN VALUE ACCORDED TO IMPORTED VEHICLES?

Yes, if the imported motor vehicle is an older model or an earlier than the current year model. The depreciation schedule is 10% per year counted downwards from current year which has a depreciation rate of zero percent (0%). Motor vehicles with a piston displacement of 2000 cc and above may be given a maximum depreciation of 50%, while those below 2000 cc, up to the maximum of 70%.

IS THE IMPORTATION OF MOTOR VEHICLE SUBJECT TO PRE-SHIPMENT INSPECTION (PSI) BY SGS IN THE COUNTRY OF EXPORTATION?

Under Joint-Order 1-91, individually owned motor vehicle is not subject to pre-shipment inspection by SGS. The importation thereof need not be covered by a Clean Report of Findings (CRF) issued by SGS. Non-individually-owned vehicles or those imported for commercial purposes should therefore undergo PSI and their importation should be covered by CRF.

Requirements for the Issuance of a Provisional Certificate of Philippine Registry

Requirements for the Issuance of a Provisional Certificate of Philippine Registry (PCPR)

• For Newly Built Vessels

1. Special Power of Attorney notarized by a Philippine Public Notary issued by the importing Philippine Owner/Corporation stating his agent/representative who will file and claim the PCPR from the Philippine Consulate General Los  Angeles on behalf of the said Owner/Corporation.
2. Completely filled up PCPR application, signed by the authorized company official/agent, including the photocopy of the authorized person's valid passport. Download Form
3. Valid Ferrying Permit issued by the National Telecommunications Commission of the Philippines
4. Copy of signed, duly notarized and Apostilled Ship Building Contract between shipyard and owner
5. Copy of Apostilled Builder's Certificate
6. Apostilled Certification from Bureau Veritas (BV)  - Classification or Class Certificate and Survey Form
7. Apostilled Bareboat Charter/MOA

• For Transfer of Ownership/Acquisition

1. Special Power of Attorney notarized by a Philippine Public Notary issued by the importing Philippine Owner/Corporation stating his agent/representative who will file and claim the PCPR from the Philippine Consulate General Los  Angeles on behalf of the said Owner/Corporation.
2. Apostilled Bill or Contract of Sale issued by the seller, signed by a duly constituted and authorized representative of the selling company
3. Completely filled up PCPR application, signed by the authorized company official/agent, including the photocopy of the authorized person's valid passport. Download Form
4. Apostilled Certification from Bureau Veritas (BV)  - Classification or Class Certificate and Survey Form
5. Apostilled Ship Sanitation Certificate
6. Apostilled Certificate of Ship's Registry and Nationality
7. Apostilled Ship Inspection Certificate by US Government authorities
8. Latest and valid Apostilled Survey Report issued by a marine survey/class inspection organization accredited by the US Government and duly notarized by a Notary Public
9. MARINA approval for temporary registration under Philippine flag of the vessel
10. MARINA Endorsement to DFA
11. DFA Communication to this Consulate for the issuance of the PCPR
12. Valid Ferrying Permit issued by the National Telecommunications Commission of the Philippines
13. Apostilled SOLAS Certificates
    1. Cargo Ship Safety Radio Certificate
    2. Cargo Ship Safety Construction Certificate
    3. Cargo Ship Safety Equipment Certificate
    4. Record of Construction and Equipment for Oil Tankers

Waiver of PH Flag vessel requirement (PD1466)

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Presidential Decree 1466 and its Implementing Rules .

List of Philippine flag vessels operating overseas .

• Presidential Decree No. 1466 (PD 1466) requires that the export or import of cargo paid from the proceeds of loans, credits or guarantees made by Philippine government financial institutions must be carried by Philippine flag vessels unless the importer or exporter applies and is granted a waiver.

• Procedure by appearing before the Consular Officer :

1. Fill up Waiver-Non Availability of Philippine Flag Vessel - Form in triplicate;
2. Pay fee of $20.00 in cash, cashier's check or postal money order payable to the Consulate; and
3. Upon approval one copy will be given to the applicant while the other two copies will be sent through DFA to the DTI-Fair Trade and Enforcement Bureau and the Bureau of Customs.

• For more information contact the DTI-Fair Trade and Enforcement Bureau at +632 890 4892 or email [email protected] 

• Note that the Philippine Consul General, Deputy Consul General, Consul or Vice Consul are authorized to grant the waiver  only in the following instances:

A. When the services of a suitable Philippine Flag vessel are not available at reasonable freight rates and within a reasonable period of (Rule IX A.1):

• When there is no Philippine flag vessel suitable to carry a particular type of cargo or operating on a specific liner route, an appropriate blanket waiver may be granted by the Freight Center.
• In determining the suitability of the vessel for the carriage of a particular shipment, the following factors shall be applied: (1) type, including cargo- handling facilities aboard; (2) transit time; and (3) operating situation, of the vessel.
• Availability within a “reasonable period of time” shall mean that the vessel will be ready to load within ten days from the date the cargo is ready for loading.
• The reasonableness of the freight rates of the Philippine flag vessel concerned shall be determined as applied to a specific shipment. The rates it charges for the shipment shall be competitive with the total net freight charges of the foreign flag vessel which is available at the same time as the Philippine flag vessel and which is proposed to be used instead.
• In the case of liner service, “freight rates” shall refer to the total net amount to be paid to the shipping line concerned for the transport of the shipment. This amount shall include, in addition to the base rate charge, all applicable surcharges like bunker and currency surcharges, transshipment additional and heavy-lift surcharge, but excluding cargo insurance and port congestion surcharge. In case the shipment is on a through-bill of lading, involving combined water-and-land transport to final destination, “freight rates” shall refer to total freight cost of the water-and-land transport.
• In case of chartered vessels, such as on voyage or time basis, the reasonableness of the “freight rates” shall be determined by comparing not only the charter hire or rate per ton/day/month but also the other terms and condition in the relevant charter parties.

B. Rule IX A.4

• In the case of export commodity groups, determined as exempted by the governing council of the Philippine Export Council. A. The Governing Council shall advise the Freight Center which export commodity groups it had determined as exempted and the conditions and reasons therefor, soon after it had so determined. B. “Export commodity groups” means (a) a specific group of commodity for export; and not to broad classifications such as textiles, handicrafts or construction materials, nor to the individual exporters or group of exporters; and (b) for export to a specific country or area, such as U.S. Pacific Coast, Japan, Western Europe and the Middle East.

Waiver of the Two-Year Home-Country Residency Requirement For Exchange Visitors to the US (J-1 visa waiver)

2010 Guidelines from the Exchange Visitor Program (EVP) Committee of the Philippines:

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No Objection Statement (NOS) Application Form

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Contact the EVP Committee here

Service of Legal Process (Summons, Court Orders, Depositions etc.) from the Philippines

• ONLY DOCUMENTS SENT BY THE PHILIPPINES' DEPARTMENT OF FOREIGN AFFAIRS WILL BE PROCESSED BY THE CONSULATE.
• DO NOT DIRECTLY MAIL THE CONSULATE THE COURT ORDER AND DOCUMENTS.

For Orders Issued by a Philippine Court to serve an order, summons or legal documents within this Consulate's jurisdiction:

• Before the Department of Foreign Affairs (DFA) sends to this Consulate to document/s to be served, DFA must receive the following:

1. Court approved motion directing the Department of Foreign Affairs, through its Office of Treaties and Legal Affairs, and the Consulate to serve the Court's order to the party whose address (the more precise, the better) is within this Consulate jurisdiction; and 
2. Court certified copy of the document to be served.

• Once received by the Consulate from DFA, the Consulate will mail the legal document/s to the address provided by the Court.

For Depositions Upon Written Interrogatories within this Consulate's jurisdiction:

• Before the Department of Foreign Affairs (DFA) sends to this Consulate the deposition documents, DFA must receive the following:

1. Court approved motion directing the Department of Foreign Affairs, through its Office of Legal Affairs, and the Consulate to serve the Court's order and written interrogatories to the party whose address (the more precise, the better) is within this Consulate jurisdiction; and 
2. Court certified copy of the order and written interrogatories.

• Once received by the Consulate from DFA, the Consulate will mail the deponent the deposition schedule and documents.
• On scheduled date of deposition, deponent must personally appear before the Consular officer with valid identification and the documents sent to deponent. Other instructions will made to deponent on deposition date.

NOTE:

For Judicial Affidavits under A.M. No. 12-8-8-SC, it is suggested that instead of executing a judicial affidavit, the would be affiant is advised to comply with the requirements for deposition upon written interrogatories.