Jurat vs. Acknowledgment in the Philippines: Parts, Differences, and When to Use Each

Jurat vs. Acknowledgment in the Philippines: Parts, Differences, and When to Use Each

This article explains, in Philippine context, the two most common notarial acts—jurat and acknowledgment—including their legal effect, required parts, procedures, and practical use-cases. It also offers model certificates and checklists to help avoid common defects.


1) Quick definitions

Acknowledgment A notarial act in which the signer personally appears before the notary and declares that the instrument/document was voluntarily executed as their free act (and, if signing for an entity, as the entity’s free act). No oath is administered.

Jurat A notarial act in which the signer personally appears, swears or affirms to the truthfulness of the contents of the document, and signs it in the notary’s presence. An oath/affirmation is required.


2) Why the distinction matters (legal effects)

  • Public document status & presumption A properly notarized document (whether by acknowledgment or jurat) becomes a public document that enjoys a presumption of regularity and is generally admissible without further proof of authenticity of signatures. However, the purpose of the notarization differs:

    • Acknowledgment chiefly proves due execution and voluntary act of the signatory(ies).
    • Jurat chiefly proves the truthfulness of statements via an oath and that the signature was affixed before the notary.
  • Registration & recording Registries (e.g., Registry of Deeds) generally require an acknowledgment for instruments affecting real or registrable property. Affidavits submitted to courts and agencies generally use a jurat.


3) Shared baseline requirements (apply to both)

  1. Personal appearance of each signer before the notary.
  2. Competent evidence of identity, typically a current government-issued ID bearing photo and signature; or credible-witness procedure when allowed.
  3. Notarial certificate attached or stamped on the document, containing the required venue, date, names, notarial act, and notary’s signature and seal.
  4. Notarial register entry (doc/page/book/series).
  5. Within territorial commission (notary acts only within the city/province of commission).
  6. Original, complete document (no blanks; photocopies are not notarized as originals; certifications of copies follow a different notarial act).
  7. No conflicts: the notary must be disinterested and observe disqualifications (e.g., not notarizing for a spouse, etc., when rules so provide).

4) Parts of the notarial certificate

A. Parts common to both jurat and acknowledgment

  • Venue (Caption): “Republic of the Philippines) City/Municipality of ____ ) S.S.”
  • Date of notarization.
  • Name(s) of appearing person(s) exactly as in the document.
  • Statement of personal appearance before the notary.
  • Reference to the document (title/description, date, page count if desired).
  • Identity details (ID type, number, date/place of issuance, or credible witness details).
  • Notary’s signature and official seal.
  • Notarial register numbers: Doc. No., Page No., Book No., Series of ____.
  • Notary’s commission particulars (name, Roll No., PTR, IBP, Commission No., office address—these typically appear in the notary’s rubric or seal/folio).

B. Parts unique to an Acknowledgment

  • Express statement that the person acknowledged that they executed the instrument and that it is their free and voluntary act (and that of the principal/entity when applicable).
  • If signing in a representative capacity (e.g., corporate officer, attorney-in-fact), the certificate should identify the capacity and that the execution is the free act of the principal/entity.

C. Parts unique to a Jurat

  • The phrases “subscribed and sworn to (or affirmed) before me” and “affiant exhibited [ID]”.
  • Affirmation that the signer signed the document in the notary’s presence.
  • Oath or affirmation actually administered by the notary (not just written).

5) Key differences at a glance

Feature Acknowledgment Jurat
Core purpose Prove due execution and voluntariness Swear to truth of statements
Oath/affirmation Not required Required
When signed May be before or at appearance Must be signed in notary’s presence
Typical use Deeds (sale, donation, mortgage), lease, SPA, corporate instruments, waivers affecting property rights Affidavits (of loss, identity, service, undertaking), verifications, certifications, sworn statements
Registry acceptance Usually required for registrable instruments (e.g., land titles) Generally not accepted for registration of conveyances
Representative capacity Often present; capacity and authority must be stated (e.g., corporate officer) Usually individual affiant speaking to facts

6) When to use each

Use an Acknowledgment when:

  • Executing deeds affecting real property (sale, donation, mortgage, easement), or other documents for Registry of Deeds or SEC that customarily require acknowledgments.
  • Signing Special Powers of Attorney, Deeds of Absolute Sale, Real Estate Mortgages, Quitclaims (when intended to affect registrable rights).
  • Executing instruments for banks and registries that specifically require an acknowledgment.

Use a Jurat when:

  • Making affidavits: Affidavit of Loss, Support, Undertaking, Discrepancy, Desistance, Identity, Service, Heirship (if submitted as an affidavit), etc.
  • Submitting sworn statements or verifications to courts and administrative agencies.
  • Filing sworn certifications (e.g., non-forum shopping verification, when applicable) and other truth-asserting documents.

7) Step-by-step procedure (for signers)

  1. Prepare the document fully completed and error-free (no blanks).
  2. Bring valid government ID(s). For entities, bring proof of authority (e.g., Secretary’s Certificate, Board Resolution, SPA).
  3. Appear personally before the notary within the notary’s jurisdiction.
  4. For acknowledgments: verbally acknowledge voluntary execution. For jurats: take the oath/affirmation and sign in front of the notary.
  5. The notary completes the certificate, signs, seals, and records the act in the notarial register and returns the document.

8) Special situations & good-to-know rules

  • Competent evidence of identity (CEI): Usually a current government-issued photo ID with signature (e.g., passport, driver’s license, UMID/PhilID). Where CEI is lacking, rules may allow credible witnesses meeting specific conditions.

  • Signers who cannot write: A thumb-mark or mark may be used, typically with two disinterested witnesses who also sign; the notary must identify the signer and record the circumstance.

  • Representatives & corporate signers: The certificate (especially in an acknowledgment) should indicate the representative capacity (e.g., “as President of XYZ Corp.”) and that the execution is the free act of the corporation. The notary should see proof of authority.

  • Multiple signers / pages: All signers must personally appear. For multipage instruments, signers generally initial each page; the notary may reference number of pages in the certificate.

  • Photocopies vs. originals: Notaries do not notarize photocopies as originals. A certified copy notarial act (if allowed) is a different act, requiring comparison with the original.

  • Venue & commission limits: Notarial practice is territorial; a notary may act only within the city/province of commission. Certificates must show the venue of notarization.

  • Timing: For jurats, signatures must be made before the notary at the time of oath. For acknowledgments, signatures may have been affixed earlier, but the signer must personally appear and acknowledge execution on the date stated in the certificate.

  • Refusals & ethics: Notaries must refuse when requirements are not met (no CEI, incomplete documents, prohibited transactions, conflicts). Violations risk administrative, civil, and criminal liability and revocation of commission.

  • Remote notarization: Unless rules expressly allow it, physical, personal appearance is the default. Treat remote arrangements as exceptional and subject to specific, formal authority.


9) Model forms (Philippine practice)

Acknowledgment (Individual)

REPUBLIC OF THE PHILIPPINES City/Municipality of ________ ) S.S.

ACKNOWLEDGMENT Before me, a Notary Public for and in the City/Municipality of ______, this ___ day of __________ 20, personally appeared [Name of Signer], with [ID type/number, date/place of issuance], known to me and to me known to be the same person who executed the foregoing instrument entitled “[Title/Description],” and he/she acknowledged to me that the same is his/her free and voluntary act and deed.

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./Commission No.] [Office Address] Doc. No. ___; Page No. ___; Book No. _; Series of 20.

Acknowledgment (Representative / Corporation)

… personally appeared [Name], with [ID details], known to me and by me known to be the [position] of [Entity Name], who acknowledged that he/she executed the foregoing instrument for and on behalf of said entity, and that the same is the free and voluntary act and deed of said entity.

Jurat (Affidavit)

REPUBLIC OF THE PHILIPPINES City/Municipality of ________ ) S.S.

JURAT SUBSCRIBED AND SWORN TO (or AFFIRMED) before me in the City/Municipality of ______, this ___ day of __________ 20, by [Name of Affiant], who exhibited to me his/her [ID type/number, date/place of issuance]. The affiant personally appeared before me and signed the foregoing [“Affidavit of ___”] in my presence and affirmed that the statements therein are true and correct to his/her personal knowledge and/or based on authentic records.

Notary Public [Name], [Roll No./Commission No.] [Office Address] Doc. No. ___; Page No. ___; Book No. _; Series of 20.

Notes on the forms:

  • Keep the venue accurate to the place of notarization.
  • State ID details precisely.
  • Use “affirmed” if the affiant prefers affirmation over oath.

10) Frequent pitfalls (and how to avoid them)

  1. Missing personal appearance → Never notarize “in absentia.”
  2. Wrong act (acknowledgment vs jurat) → Match the purpose (execution vs truth-affirmation).
  3. No CEI/invalid ID → Bring valid government ID; credible witnesses only when strictly allowed.
  4. Unsigned or incomplete documents → Fill all blanks; for jurat, sign before the notary.
  5. Venue outside commission → Notary must act within the commissioned locality.
  6. Entity authority not shown → Present Secretary’s Certificate/SPA and reflect capacity in the certificate.
  7. Photocopy notarized as original → Use appropriate certification act instead.
  8. Notarial register omissions → Ensure Doc/Page/Book/Series entries are made.
  9. Template misuse → Avoid mixing jurat language into acknowledgments (and vice versa).

11) Practical checklists

Signer’s checklist

  • Correct notarial act chosen (acknowledgment or jurat)
  • Complete, final document (no blanks)
  • Original IDs (and authority docs if signing for an entity)
  • All signers present
  • For jurat: ready to swear/affirm and sign before the notary

Notary’s checklist (high level)

  • Within territorial commission; correct venue caption
  • Personal appearance confirmed; CEI recorded
  • Correct certificate language (acknowledgment vs jurat)
  • Capacity/authority properly stated (if representative)
  • Notarial register entry + seal + commission details completed

12) Choosing between the two—simple rule of thumb

  • If the document’s goal is to prove that the person executed the instrument and accepts its legal consequences (especially for property or registrable rights), use an acknowledgment.
  • If the document’s goal is to assert facts under oath (affidavits, sworn statements, verifications), use a jurat.

13) Illustrative examples

  • Deed of Absolute Sale of landAcknowledgment (for Registry of Deeds).
  • Affidavit of Loss for bank passbookJurat (truthfulness sworn).
  • Special Power of Attorney authorizing saleAcknowledgment (execution by principal).
  • Verification and Certification of Non-Forum Shopping in a pleading → Jurat (sworn verification).
  • Corporate Secretary’s Certificate authorizing a loanAcknowledgment (corporate act via officer).
  • Affidavit of Discrepancy for government records → Jurat.

14) Final takeaways

  • Acknowledgment = execution and voluntariness.
  • Jurat = truth under oath and in-person signature.
  • Both require personal appearance, identity proof, and a complete, correct certificate.
  • Choose based on what the document needs to prove—execution or truthfulness—and on the receiving office’s formal requirements.

If you want, I can tailor the model certificate to your specific document (title, parties, IDs, venue) and produce a print-ready version with your details.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.