Proper Dating and Jurat Requirements in Sworn Affidavits in the Philippines

In the realm of Philippine legal practice, the validity of a sworn statement often hinges not on the eloquence of the narrative, but on the technical precision of its "back end"—the dating and the jurat. While they may seem like mere formalities, errors in these sections can render an affidavit inadmissible in court or lead to the dismissal of a petition.

Here is a comprehensive guide to the requirements and nuances of dating and jurats under Philippine law.


1. The Significance of the Date

The date in an affidavit serves two primary purposes: establishing the chronology of events and determining the validity of the notary’s commission.

  • Consistency: The date of execution (when the affiant signed) should ideally match the date of notarization. If there is a discrepancy, the date of notarization (found in the jurat) is the legally binding date for the document's effectivity.
  • Stale Dating: While an affidavit doesn't "expire," a significant lapse between the date of the event and the date of the sworn statement may affect its evidentiary weight, though not necessarily its validity.

2. Understanding the Jurat

A Jurat is that part of an affidavit where a notary public certifies that:

  1. The document was subscribed and sworn to before them.
  2. The affiant is personally known to them or was identified through competent evidence of identity.
  3. The affiant signed the document in their presence.
  4. The affiant took an oath or affirmation as to the truth of the contents.

The Standard Format

A proper jurat must contain the following elements:

SUBSCRIBED AND SWORN to before me this ___ day of ____, 20 at _________, Philippines, affiant exhibiting to me his/her [Competent Evidence of Identity] issued at [Place] on [Date].


3. Competent Evidence of Identity

Under the 2004 Rules on Notarial Practice, a notary cannot notarize a document based on "community tax certificates" (cedulas) alone, as these are easily fabricated. The notary must identify the affiant through:

  • Personal Knowledge: The notary knows the person personally.
  • Identification Documents: A current identification card issued by an official agency bearing the photograph and signature of the individual (e.g., Passport, Driver’s License, UMID, PRC ID).
  • Oath of Witness: The oath of one credible witness personally known to the notary, or two credible witnesses who know the affiant and can present their own IDs.

4. Mandatory Notarial Details

Below the jurat, the notary public must affix their "notarial block." Missing any of these details can lead to administrative sanctions for the lawyer and the rejection of the document by government agencies:

  • Signature and Social Seal: The wet signature and the dry seal of the notary.
  • Commission Number: The appointment number and the specific city/province where they are authorized to practice.
  • IBP and PTR Numbers: Current year’s Integrated Bar of the Philippines membership and Professional Tax Receipt numbers.
  • Roll of Attorneys Number: The notary’s lifetime bar admission number.
  • MCLE Compliance: The Mandatory Continuing Legal Education certificate number for the current period.

5. Jurat vs. Acknowledgment

A common mistake is confusing a Jurat with an Acknowledgment.

  • Jurat: Used for sworn statements (affidavits). It focuses on the truth of the contents. It uses the phrase "Subscribed and Sworn to."
  • Acknowledgment: Used for contracts and deeds. It focuses on the voluntariness of the act. It uses the phrase "Before me... personally appeared... acknowledged to me that the same is their free act and deed."

[!IMPORTANT] An affidavit with an "Acknowledgment" instead of a "Jurat" is technically defective because the affiant never swore to the truth of the facts under oath.


6. Consequences of Improper Notarization

  • Admissibility: Courts may refuse to admit an affidavit into evidence if the jurat is defective.
  • Perjury: A valid jurat is a prerequisite for a charge of Perjury. If the oath was not properly administered via a jurat, a person might escape liability for lying in the document.
  • Notarial Sanctions: Lawyers can have their notarial commissions revoked or face disbarment for "notarizing in absentia" (signing without the affiant present).

Pro-Tip for Verification

Always check if the Doc. No., Page No., Book No., and Series of [Year] are filled out at the bottom left. These are the markers for the notary’s official register; without them, the document is difficult to verify in the National Archives.

Would you like me to draft a template for a standard Philippine Affidavit with the correct Jurat format for your specific needs?

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