Sunday, December 13, 2015

Acknowledgement vs Jurat

Acknowledgement
§  The act of one who has executed a deed in going before some competent officer or court and declaring it to be his act or deed.
Jurat
§  Part of an affidavit where the officer certifies that the same was sworn before him.
(Tigno vs Sps. Aquino GR No. 129416. November 25, 2004)

Acknowledgement
§  It shall be made before a notary public or an officer duly authorized by law of the country to take acknowledgement of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgement shall certify that the person acknowledging the instrument or document 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. The certificate shall be made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state.

Jurat
§  Part of an affidavit where the officer certifies that the same was sworn before him.
§  It is not part of a pleading but merely evidences the fact that the affidavit was properly made.
§  The affiant must sign the document in the presence of and take his oath before a notary public or any person authorized to administer oaths.
(Gamido vs New Bilibid Prisons (NBP) Officials. GR No. 114829. March 1, 1995)
http://www.chanrobles.com/cralaw/1995marchdecisions.php?id=533

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