Jurat vs. Acknowledgment in the Philippines: Parts, Differences, and Notarial Requirements

Overview

Notarization in the Philippines is governed by the Supreme Court’s Rules on Notarial Practice (RNP) and related bar rules and circulars. Two of the most common notarial acts are the jurat and the acknowledgment. They look similar on the page, but they serve different purposes, use different certificates, and have different legal effects. This article lays out everything you need to know—definitions, parts, requirements, typical uses, sample wordings, and practical pitfalls—specifically for the Philippine context.

Key Concepts

What notarization does

Public document status. Proper notarization generally converts a private document into a public document, which enjoys presumptions of regularity and authenticity as to due execution and the identities of the parties.
Evidentiary effect. Public documents are admissible without further proof of due execution and are given full faith and credit unless rebutted.
Registration/enforceability. Certain transactions (e.g., real-property conveyances) must be acknowledged before a notary for them to be registrable and to affect third persons.

The Two Workhorses of Notarial Practice

1) Jurat

Essence: The signer swears to the truth of the contents of a document and signs in the presence of the notary. Typical use: Affidavits (of loss, support, undertaking), sworn statements, verifications, certifications under oath.

Core elements of a valid jurat

Personal appearance of the affiant before the notary.
Identification through personal knowledge or competent evidence of identity (see below).
Oath or affirmation administered by the notary (the notary personally asks the affiant to swear/affirm to the truth).
Signature in the notary’s presence (or acknowledgment of a prior signature immediately before the oath, as practice often requires a fresh signature).
Complete jurat certificate with venue, date, name of affiant, ID details, notary’s signature and seal, and registry details.

Legal effect: The affiant’s statements are sworn; lying exposes the affiant to perjury. The document becomes a notarized public document, but its function is to attest to truthfulness, not to the execution of a private instrument between parties.

2) Acknowledgment

Essence: The signer appears before the notary and acknowledges that the signature on an instrument is theirs and that they voluntarily executed the instrument. The notary does not administer an oath about the truth of the contents.

Typical use: Deeds of sale, deeds of donation, deeds of assignment, lease contracts, real estate mortgages, special powers of attorney, corporate secretary’s certificates, and other instruments that must be registrable or relied upon by third parties.

Core elements of a valid acknowledgment

Personal appearance of the person executing the instrument.
Identification via personal knowledge or competent evidence of identity.
Acknowledgment of execution: the person declares they executed the instrument voluntarily as their free act and deed (and, if applicable, in an authorized capacity for a principal or corporation).
Complete acknowledgment certificate with venue, date, name(s) of the person(s) who appeared, their ID details, notary’s signature and seal, and registry details.

Legal effect: The execution of the instrument is authenticated for public record. Registries of Deeds and third parties rely on acknowledgments to treat documents as public instruments affecting property or rights.

Side-by-Side: Jurat vs. Acknowledgment

Feature	Jurat	Acknowledgment
Purpose	Swears to the truth of statements	Confirms identity and voluntary execution of an instrument
Oath/Affirmation	Yes	No
Signature before notary	Yes (signs in the notary’s presence)	Not essential; signer must personally appear and acknowledge their existing signature/execution
Typical documents	Affidavits, sworn declarations, verifications	Deeds, contracts, powers of attorney, corporate instruments
Registrability	Usually not for registration; evidentiary use	Often required for registration and to bind third persons
Exposure for falsehood	Perjury for false statements	Falsification/estafa risks if content/signature/authority is false; no perjury (no oath)

Competent Evidence of Identity (CEI)

A notary must identify the appearing person by:

Personal knowledge; or
Competent Evidence of Identity, typically a current official ID issued by a government agency that bears the photo and signature of the individual (e.g., passport, driver’s license, UMID, PRC ID, PhilID/PhilSys, SSS/GSIS, postal ID, etc.).

Credible witnesses may be used when the principal has no acceptable ID:

One credible witness who is personally known to the notary and personally knows the principal; or
Two credible witnesses who personally know the principal, present their own CEI, and attest to the principal’s identity.

Notaries should record ID type, number, issuing agency, and date of issue/expiry in the notarial certificate and register.

Territorial and Professional Constraints on Notaries

Territorial limits: A notary may perform notarial acts only within the city or province for which he/she is commissioned.
Venue: The certificate states the place (City/Municipality and Province) where the act occurred.
Impartiality: A notary shall not notarize if they are a party to the instrument, have a direct interest, or are related in disqualifying degrees where impartiality is compromised.
Presence required: No personal appearance, no notarization. Notarizing without the person present is a serious offense.
Language: The notary must ensure the person understands the instrument and the notarial act. Translation or explanation is required if needed.
Register entries: Each act is entered with Doc. No., Page No., Book No., Series of (Year), plus the nature of the instrument, parties, CEI, and fees.

The Notarial Certificate: Required Parts

Every jurat or acknowledgment should include:

Caption/venue (Republic of the Philippines; City/Municipality of ___, Province of ___).
Date of notarization.
Type of notarial act (Jurat or Acknowledgment).
Name(s) of the person(s) who appeared, personally appearing language.
CEI details (ID type/number/issuing agency/expiry; or credible-witness details).
Statements unique to the act (oath administered for jurat; voluntary execution acknowledged for acknowledgment; representative capacity if applicable).
Notary’s signature, official seal, commission number, office address, roll number, and other professional details as required by local practice.
Register references (Doc., Page, Book, Series).

Common Use-Cases & Which Act to Choose

Affidavit of Loss / Undertaking / Support / Desistance → Jurat
Verification and Certification against Forum Shopping (litigation filings) → Jurat
Special Power of Attorney (bank, realty, government dealings) → Acknowledgment
Deed of Absolute Sale / Donation / Assignment / Mortgage / Lease → Acknowledgment
Corporate Secretary’s Certificate / Board Resolutions presented for third-party reliance → Acknowledgment
Authority/Agency documents (e.g., for property transfer, vehicle registration, bank transactions) → Acknowledgment

Representative and Corporate Signings

If someone signs in a representative capacity (e.g., corporate officer, attorney-in-fact):

The acknowledgment must recite that the person is authorized and signed on behalf of the principal entity/person.
Bring proof of authority (e.g., board resolution, secretary’s certificate, special power of attorney). Notaries typically note the basis of authority in the certificate and register.

Illegible Signatures, Thumbmarks, and Special Situations

Thumbmark: Allowed for illiterate or physically disabled signers. The notary generally requires two disinterested witnesses to sign and attest that the thumbmark was affixed voluntarily, and records the witnesses’ CEI.
Corrections/erasures: Avoid. If unavoidable, have neatly initialed corrections and ensure the notary notes them in the register.
Multiple pages: The signer should initial each page; the notary may seal across page joints and note the total number of pages.

Administrative, Civil, and Criminal Exposure

For signers (jurat): False statements expose the affiant to perjury.
For signers (acknowledgment): False authority or forged signatures risk falsification, estafa, and civil liability.
For notaries: Notarizing outside jurisdiction, without personal appearance, without CEI, or with incomplete certificates may lead to administrative sanctions (suspension/revocation of commission, disbarment), criminal liability, and civil damages.

Practical Checklists

Checklist for a Jurat

Document complete and final (no blanks).
Affiant personally appears.
Verify identity via CEI (record details).
Affiant signs in front of the notary.
Notary administers oath/affirmation (explicitly).
Fill out the jurat certificate completely.
Enter in the notarial register and affix Doc./Page/Book/Series.

Checklist for an Acknowledgment

Instrument complete, with all annexes.
Signer personally appears.
Verify identity via CEI (record details).
Confirm voluntary execution and, if applicable, authority and capacity.
Fill out the acknowledgment certificate completely (include representative capacity).
Enter in the notarial register and affix Doc./Page/Book/Series.
For registrable documents, make sure names, descriptions, property identifiers, and TINs (if required by the registry) are correct and consistent.

Sample Certificate Wordings (Philippine Style)

Acknowledgment

Republic of the Philippines City/Municipality of ________ ) Province of ________ ) S.S.

BEFORE ME, a Notary Public for and in the City/Municipality of ________, Province of ______, this ___ day of __________ 20, personally appeared:

Name: ____________________ ID: (Type/No./Issuing Agency/Expiry) ____________________

known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is his/her free and voluntary act and deed (and that of the principal/corporation he/she represents).

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and place first above written.

Notary Public (Name), Roll No. ____ • IBP No. ____ • PTR No. ____ • MCLE Compliance No. ____ Commission No. ____; Office Address: __________ Doc. No. ___; Page No. ___; Book No. _; Series of 20.

Jurat

Republic of the Philippines City/Municipality of ________ ) Province of ________ ) S.S.

SUBSCRIBED AND SWORN TO before me in the City/Municipality of ________, Province of __, this ___ day of __________ 20, by **________________**, who exhibited to me (ID Type/No./Issuing Agency/Expiry) and who personally appeared and affirmed under oath that he/she voluntarily executed the foregoing affidavit and that the statements therein are true and correct to his/her personal knowledge and/or based on authentic records.

Notary Public (Name), Roll No. ____ • IBP No. ____ • PTR No. ____ • MCLE Compliance No. ____ Commission No. ____; Office Address: __________ Doc. No. ___; Page No. ___; Book No. _; Series of 20.

(Note: Some offices prefer to keep “voluntary execution” language for acknowledgments only; in jurats, focus on the oath about truthfulness. Adjust as your local practice dictates.)

Frequent Pitfalls (and How to Avoid Them)

No personal appearance. Never acceptable. Always require the signer to appear.
Incomplete CEI details. Record type, number, issuer, expiry, and in register too.
Wrong notarial act. Use jurat for affidavits; acknowledgment for instruments to be enforced/registered against third persons.
Lack of authority in corporate signings. Ask for board resolutions/secretary’s certificates or SPA; mirror this in the certificate.
Notarizing outside jurisdiction or after commission expiry. Check your commission coverage and validity.
Blanks or alterations. Finalize the document; avoid uninitialed corrections.
Language issues. Ensure the signer understands the contents; provide translation/explanation and note it if necessary.

Practical Tips for Clients and Preparers

Bring at least one government-issued ID (better: two).
Sign only in front of the notary (for jurats; for acknowledgments, be ready to acknowledge your prior signature).
For property/registry matters, use acknowledgment and ensure names, TINs, titles, and descriptions match supporting documents.
For affidavits, ensure statements are truthful and within personal knowledge; annex supporting records when appropriate.
If signing on behalf of a company or another person, bring written proof of authority.
Expect to see the notary fill in the register and stamp/seal your document with Doc./Page/Book/Series numbers.

Bottom Line

Choose a jurat when you need a sworn statement (affidavits, verifications, certifications under oath).
Choose an acknowledgment when you need to authenticate execution—especially for contracts, deeds, and registrable instruments.
In both cases, the personal appearance, proper identification, complete certificates, and register entries are non-negotiable. Properly done, notarization gives your document the legal force and evidentiary weight that Philippine law expects.