Notarization in the Philippines: Parts of a Jurat vs. Acknowledgment Explained

Introduction

Notarization plays a crucial role in the Philippine legal system, serving as a mechanism to authenticate documents, deter fraud, and ensure the integrity of legal transactions. Under Philippine law, particularly the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended), notaries public are authorized to perform various notarial acts, with acknowledgments and jurats being two of the most common. These acts are essential for validating affidavits, deeds, contracts, and other instruments that require public attestation.

An acknowledgment certifies that the signer of a document has voluntarily executed it and acknowledged its authenticity before a notary. In contrast, a jurat involves the administration of an oath or affirmation, where the signer swears to the truthfulness of the document's contents. Understanding the distinctions between these two, including their structural components, is vital for lawyers, notaries, and laypersons alike to avoid invalidation of documents or legal disputes.

This article provides a comprehensive examination of acknowledgments and jurats in the Philippine context, detailing their legal foundations, required elements, procedural requirements, practical applications, differences, and potential pitfalls. It draws from established jurisprudence, statutory provisions, and administrative rules governing notarial practice.

Legal Framework Governing Notarization in the Philippines

Notarization in the Philippines is regulated primarily by the Notarial Law under the Revised Administrative Code (Act No. 2711, as amended) and the 2004 Rules on Notarial Practice issued by the Supreme Court. Notaries public must be lawyers in good standing (except in certain remote areas where non-lawyers may qualify under specific conditions) and are commissioned for a two-year term, renewable upon application.

The Supreme Court has emphasized the notary's duty to ascertain the identity of the parties, ensure voluntariness, and prevent fraud. Violations can lead to administrative sanctions, including revocation of commission, disbarment, or criminal liability under Articles 171-172 of the Revised Penal Code for falsification.

Acknowledgments and jurats are classified as "notarial acts" under Rule II, Section 1 of the 2004 Rules. They must be performed within the notary's territorial jurisdiction, typically the province or city where commissioned, unless extended by the Executive Judge.

The Acknowledgment: Purpose and Applications

An acknowledgment is a formal declaration by the signer (known as the "acknowledgor") before a notary public that the instrument was executed freely and voluntarily. It does not require the notary to attest to the truth of the document's contents but rather to the identity of the signer and the genuineness of the signature.

When to Use an Acknowledgment

Acknowledgments are typically required for documents that affect third parties or public records, such as:

Deeds of sale, mortgages, or leases involving real property (to enable registration with the Registry of Deeds under the Property Registration Decree, Presidential Decree No. 1529).
Powers of attorney, especially those for real estate transactions.
Corporate documents like articles of incorporation, board resolutions, or stock transfers.
Adoption papers, wills (though wills require additional formalities under the Civil Code), and other instruments intended for public filing.

Failure to acknowledge such documents may render them unenforceable against third parties, though they remain binding between the signers (Article 1358, Civil Code).

Parts of an Acknowledgment Certificate

The acknowledgment certificate must be attached to or form part of the document. Under Rule IV, Section 2 of the 2004 Rules, it includes the following essential components:

Venue: The place where the notarization occurs, e.g., "Republic of the Philippines, Province of [Province]/City of [City]".
Date: The full date of execution, e.g., "this [day] day of [month], [year]".
Appearance Clause: "Before me, [Notary's Full Name], a Notary Public for and in [jurisdiction], personally appeared [Acknowledgor's Full Name]".
Identification of the Acknowledgor: Proof of identity through "competent evidence," which includes:
- At least one current government-issued ID with photo and signature (e.g., passport, driver's license, SSS ID).
- Or two other IDs if one is insufficient.
- For known individuals, "known to me to be the same person who executed the foregoing instrument."
- Details such as ID type, number, issuance date, and expiry must be specified.
Acknowledgment Statement: "[He/She/They] acknowledged to me that the same is [his/her/their] free and voluntary act and deed." For representatives (e.g., agents or corporate officers), add: "and, if applicable, the free and voluntary act and deed of the [entity] he/she/they represent(s)."
Execution Details: If the document was signed by multiple parties or in a representative capacity, this must be noted.
Notarial Seal and Signature: The notary's signature, official seal (containing name, commission number, jurisdiction, and expiry), and PTR/IBP receipt numbers.
Doc. No., Page No., Book No., Series of [Year]: Serial numbers from the notarial register.

The certificate must be in English or Filipino, unless otherwise required. Incomplete certificates can lead to nullification, as seen in cases like Heirs of Pedro Atega v. Omega (G.R. No. 193484, 2013), where the Supreme Court invalidated a deed for lacking proper identification details.

The Jurat: Purpose and Applications

A jurat is a certification that the signer (affiant) has subscribed (signed) and sworn to or affirmed the truth of the document's contents before the notary. It involves administering an oath, making it suitable for documents where veracity is paramount.

When to Use a Jurat

Jurats are used for:

Affidavits, such as affidavits of loss, desistance, or support.
Sworn statements in legal proceedings (e.g., complaints, verifications under Rule 7, Section 4 of the Rules of Court).
Certifications under oath, like those for BIR or SEC filings.
Applications requiring sworn declarations, such as visa or passport affidavits.

Unlike acknowledgments, jurats imply that the affiant understands the contents and attests to their truth under penalty of perjury (Republic Act No. 6733, amending Article 183 of the Revised Penal Code).

Parts of a Jurat Certificate

Per Rule IV, Section 6 of the 2004 Rules, a jurat includes:

Venue: Identical to acknowledgment, e.g., "Republic of the Philippines, [Province/City]".
Date: The date of subscription and swearing.
Subscription and Swearing Clause: "Subscribed and sworn to (or affirmed) before me this [date] by [Affiant's Full Name], who personally appeared before me."
Identification of the Affiant: Same requirements as acknowledgment—competent evidence of identity with details recorded.
Affirmation of Contents: "and who exhibited to me his/her [ID details], and signed the instrument in my presence, and who took an oath/affirmation before me as to such instrument."
Oath Administration Note: The notary must indicate if an oath (religious) or affirmation (secular) was administered.
Notarial Seal and Signature: As in acknowledgment.
Doc. No., Page No., Book No., Series of [Year]: Mandatory for registration.

The affiant must sign in the notary's presence; pre-signed documents cannot be jurat-notarized. Jurisprudence, such as People v. Dela Cruz (G.R. No. 215855, 2016), underscores that false swearing in a jurat constitutes perjury.

Key Differences Between Jurat and Acknowledgment

While both involve identity verification, their core functions diverge:

Purpose: Acknowledgment focuses on voluntary execution and authenticity of signature; jurat emphasizes truthfulness of content via oath.
Oath Requirement: Jurat mandates an oath/affirmation; acknowledgment does not.
Signing Location: In a jurat, signing must occur before the notary; in acknowledgment, the document may be pre-signed.
Legal Effect: Acknowledged documents are prima facie evidence of execution (Section 30, Rule 132, Rules of Court); jurat documents are sworn statements admissible as evidence.
Common Errors: Mixing forms (e.g., using jurat for deeds) can invalidate registration. For instance, real property deeds require acknowledgment, not jurat, per the Civil Code.

In practice, some documents like verifiable complaints under A.M. No. 08-8-7-SC require "verification" akin to a jurat.

Procedural Requirements and Best Practices

Notaries must maintain a notarial register (Rule V), recording details of each act, including thumbmarks or signatures of parties. Electronic notarization is permitted under the Electronic Commerce Act (Republic Act No. 8792) and Supreme Court guidelines, but traditional wet-ink seals remain standard.

Remote notarization was temporarily allowed during the COVID-19 pandemic via A.M. No. 20-07-14-SC but has since reverted to in-person requirements.

Common pitfalls include:

Not verifying identity adequately, leading to fraud claims.
Notarizing incomplete documents.
Exceeding jurisdiction.
Failing to administer oath properly in jurats.

Sanctions for violations range from fines to perpetual disqualification.

Conclusion

Mastering the nuances of jurats and acknowledgments is indispensable for ensuring document validity in Philippine legal practice. By adhering to the prescribed parts and procedures, parties can safeguard against challenges to authenticity or truthfulness. Legal professionals should consult the latest Supreme Court issuances for any amendments, as notarial rules evolve to address emerging issues like digital fraud. Proper notarization not only upholds the rule of law but also fosters trust in public transactions.