LEGAL TERMINOLOGIES

What is an affiant mean?

 An affiant is a person who swears to an affidavit.
What is an affidavit?
 An affidavit is a written statement of fact voluntarily made by an affiant under an oath or
affirmation which is administered by a person who is authorized to do so by law.
Example is a notary public
What is an acknowledgment.
 It is a formal declaration before an authorized official, say a notary public, by a person who
executed the instrument, say a deed of sale, a deed of donation, a special power of attorney,
etc., that it is his free act and deed
 To acknowledge is to admit, affirm, declare, testify, confess, or own as genuine. admission or
affirmation of obligation or responsibility.

 Acknowledgment under Philippine law under Public Act No. 2103, Section 1, says that –
An instrument or document shall be considered AUTHENTIC if the acknowledgment is made
in accordance with the following requirements:
a. It shall be made before a notary public or any officer duly authorized by law of the
country. The requirement is statutory
b. That the person acknowledging the instrument is known to him and that he is the same
person who executed it and acknowledge that the same is his free act and deed
c. And the certificate shall be made under his official seal
Example of instruments to be acknowledged
 All kinds of deeds, conveyances, mortgages, leases, releases and discharges affecting land,
registered or unregistered shall be sufficient in law under Act 496 ( land registration law now
PD 1529 – the property registration decree)
Purpose of notarization
 To make the instrument a public document and for registration purpose. Only public
instruments are REGISTRABLE.

Example of Acknowledgment of Deed ( General Form)

 Republic of the Philippines ) SS means scilicet
 City of Marikina ) S.S. (it refers to venue of an action)

At the City of Marikina on 5th day of April, 2021, personally appeared Cesar E. Santos,
known to me as the person who executed the foregoing instrument of Deed of Sale and
acknowledged that the same is his free act and deed. The driver’s license of both seller and
buyer was exhibited to me, to wit: ( to wit is to particularize)
Name Driver’s License No. Address
Cesar E. Santos - seller xxxxxxxx Marikina City
Juan dela Cruz – buyer xxxxxxxx Quezon City

Doc. No.________ NOTARY PUBLIC

Page No. _______ Until Dec. 31, 2021
Book No. _______
Series of 2021
What is jurat?
 Jurat is derived from jurare, Latin for "to swear." It is proof that an oath was taken before an
administering officer, such as a notary.
 A jurat is the portion of an affidavit or deposition in which a person swears that the contents
of the written statement are true.

Purpose of jurat
 The purpose of a jurat — also known in some as a “verification upon oath or affirmation” —
is for a signer to swear to or affirm the truthfulness of the contents of a document to a notary
public
Example of jurat
 Republic of the Philippines )
 City of Marikina ) S.S.

I, Cesar E. Santos, after being sworn according to law, depose and say:

 That ( declaration of the affiant say in an Affidavit of Loss)

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5 th day of April, 2021 in the
City of Marikina, Metro Manila, Philippines.

Cesar E. Santos
Affiant

SUBSCRIBED and sworn to before me this 5th day of April, 2021, in Marikina City, Metro
Manila, Philippines, affiant exhibited to me his Philippine Driver’s License No. xxxxxxxx
issued at Marikina City on _______________ .

NOTARY PUBLIC
Until December 31, 2021
Doc. No.________
Page No. _______
Book No. _______
Series of 2021

Acknowledgment , Jurat and Oath

 A notary acknowledgment ensures that the signer of the document is indeed the person
named in the document. The function of the notary in this case is to verify the identity of the
signer.
 On the other hand, a notary is asked to perform a Jurat, when the signer takes an oath or
makes an affirmation.
 While oath is a solemn pledge or promise to a God, king, or another person, to attest to the
truth of a statement or contract while jurat is (legal) the written statement by a notary public
that he or she has administered and witnessed an oath or affirmation.