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LEGAL FORMS

CHAPTER IV
ACKNOWLEDGMENT AND JURAT
DISTINCTION BETWEEN A
JURAT AND AN ACKNOWLEDGMENT
JURAT - is that part of an affidavit in which the officer certifies that the instrument was
sworn to before him.
When should Jurats be executed?
It is used in any notarized document that is declaratory in nature, such as:
a. Affidavits
b. Certifications
c. Whenever the person executing the document makes a statement of facts or attests
to the truthfulness of an event, under oath
WHO EXECUTES A JURAT?

The notary public. He certifies that the same was sworn before
him.

Note:
A jurat should be used only in affidavits, sworn statements, certifications, verifications and
the like. Never use it in contracts. (Albano, Albano, Jr. and Albano, 2004)
The FORM of the JURAT is as follows:

SUBSCRIBED AND SWORN to before me this 16th day of February, 2017, affiant
exhibiting to me his Tax Identification Card No. 143-445-254-000 issued on February 14, 2017 by
Bureau of Internal Revenue - RDO054A,Trece Martires City as competent evidence of his identity.

GAIL V. FABROA-NAVARRA

Notary Public until December 31, 2018


Commission Serial No. 2016-20 dated January 5, 2017
Block C1Congressional Ave. cor Visayas Ave. Brgy. Gavino Maderan, GMA, Cavite
PTR No. CAV8528936A 1-3-2017 Trece Martires City, Cavite
IBP O.R. No. 1039293 1-3-17 Imus, Cavite
Attorneys Roll No. 1435254 2-14-2017
JURAT - is that part
of an affidavit in which
the officer certifies
that the instrument
was sworn to before
him.
ACKNOWLEDGMENT

- is the formal declaration of a person who executed an instrument that :


1. it is his free and voluntary act and deed;
2. said person appeared before the notary public at the place and on the date stated therein
3. He exhibited his competent evidence of his identity.
(Rule IV, Section 2(b), which says that a person shall not perform a notarial act if the person involved as
signatory to the instrument or document is either (1) not in the notarys personal presence at the time
of notarization; AND (2) is not otherwise known to the notary public or otherwise identified by the
notary public through competent evidence of identity, as defined by the Rules.)
SIMPLE AND COMPLEX
ACKNOWLEDGMENT

It is SIMPLE when it refers only to one property and the instrument consists of only one
page.

It is COMPLEX when the instrument consists of two or more pages and two or more
parcels of land are involved.
Simple Acknowledgment
It is SIMPLE when it refers only to one property and
the instrument consists of only one page.
COMPLEX Acknowledgment when the instrument consists of two or
more pages and two or more parcels of land are involved
In such a case the acknowledgment should state that the document pertains to what document and
Number of pages and signed by the parties and their witnesses in every page.
INSTRUMENTS THAT MUST BE ACKNOWLEDGED:

1. Deeds
2. Conveyances
3. Mortgages
4. Leases
5. Releases and discharges affecting lands, whether registered under Act 496 or
unregistered must be acknowledged. If not, they will not be accepted by the RD for
registration.
REQUIREMENT OF ACKNOWLEDGMENT IS
STATUTORY
The act of acknowledging instruments is statutory and only those instruments that are
required by law to be acknowledged shall be acknowledged.
As provided in the New Civil Code
1. Article 1358
2. Article 1403, No. 2, and
3. Article 1405
ACKNOWLEDGMENT IS A PERSONAL ACT

An instrument cannot be acknowledged by a person other than


the one who executed it.
MEANING :
SS or Scilicet = more particularly

Republic of the Philippines )


City of Dasmarinas ) S.S.
Means : Republic of the Philippines, more particularly in the City of Dasmarinas.
VIDELICET to wit, the words used to particularize that which is merely general in the
preceding statement.
CONTENTS OF AN ACKNOWLEDGMENT:
[1] Title of the notarial act [2] Place of execution [3] Date
[4] Name of person acknowledging the document (as well as name/s of the entity/ies
being represented, if such is the case)
[5] Competent evidence of identity presented
[6] Date and place of issue of the competent evidence of identity presented
[7] Acknowledgment made to the notary public that it is the persons voluntary act and
deed
[8] Type of document executed and number of pages
[9] Notarial certificate [10] Identity of notary public
[11] Details of the notarial register
[12] If executed in a representative capacity, a statement to that effect.
WHEN IS AN ACKNOWLEDGMENT MADE?

An acknowledgment is made in documents where there is transfer or


conveyance of title to property, transmission of rights or manifestation of
agreement of parties (fulfilment of a prestation to give, to do or not to
do)
Note:
It should be used only in contracts, never in affidavits or sworn statements.
AFFIDAVIT
Affidavit it is a sworn statement in writing sworn before a notary or other officers
entitled to administer oaths or take acknowledgments.
Affidavit of Good Faith A certificate included in the chattel mortgage contract executed
by both the mortgagee that the mortgage is constituted to secure the specific obligation,
and that the said obligation is valid, just and subsisting obligation and not one entered
into for the purpose of fraud. (Sec. 5, Chattel Mortgage Law)
Affidavit of Merit An affidavit which states that the defendant has meritorious defense
of a substantial and note merely technical nature and stating the facts constituting the
same.
NOTE: In executing an affidavit, the affiants primary qualification is that he has knowledge
of the facts which he states, and the truth of which he affirms.
SAMPLES:
AFFIDAVIT OF LOSS

is a public document declaring the


physical loss of a security through
theft or destruction by fire/flood. It
will contain all details regarding the
loss, the owner's name and any
information pertaining to the security,
such as serial number or date of
issue.
Joint Affidavit of One and the Same Person

Is executed by two
disinterested persons who has
personal knowledge of the
facts and circumstances
regarding the identity of the
person.
AFFIDAVIT OF DESISTANCE

It is executed by the
Complainant that he is no
longer pursuing the case.

That he will desists from


pursuing his complaint.
THE END

Submitted to:
Atty. Randy S. Villaluz
LEGAL FORMS

Prepared and submitted by;

GAIL F. NAVARRA