JURAT VS.
ACKNOWLEDGEMENT – WHAT'S THE
DIFFERENCE?
A jurat is a distinct creature from an acknowledgment. An
acknowledgment is 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; while
a jurat is that part of an affidavit where the officer certifies that the same was
sworn before him. Under Section 127 of the Land Registration Act, which
has been replicated in Section 112 of Presidential Decree No. 1529, the
Deed of Sale should have been acknowledged before a notary public1.
The language of the jurat avows that the document was subscribed
and sworn to before the notary public. On the other hand, an
acknowledgment is the act of one who has executed a deed, attesting the
deed to be his own before some competent officer. Too, the notary declares
that the executor of the document has personally attested before him or her
the same to be the executor's free act2.
Under Section 1, A.M. No. 02-8-13-SC or the 2004 Rules on Notarial
Practice3 an Acknowledgement has been defined, to wit:
“SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act
in which an individual on a single occasion:
(a) appears in person before the notary public and presents an
integrally complete instrument or document;
(b) is attested to be personally known to the notary public or
identified by the notary public through competent evidence
of identity as defined by these Rules; and –
(c) represents to the notary public that the signature on the
instrument or document was voluntarily affixed by him for
the purposes stated in the instrument or document, declares
that he has executed the instrument or document as his free
and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in
that capacity.
1
Zenaid B. Tigno, et. al., v. Souses Estafino Aquino, et. al., G.R. No. 129416, November 25, 2004
2
A.C. No. 10315 Formerly CBD Case No. 15-4553, (lawphil.net).
3
https://www.chanrobles.com/supremecourtamno02-8-13-sc2004.html#.Yn-31XVBy3A
Acknowledgment vs. Jurat
Page 1 of 4
While in Section 6 of the same Rules defines Jurat, as follows:
SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a
single occasion:
(a) appears in person before the notary public and presents an
instrument or document;
(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as
defined by these Rules;
(c) signs the instrument or document in the presence of the
notary; and
(d) takes an oath or affirmation before the notary public as to
such instrument or document.
Only notaries public are empowered by the Rules to perform both
acknowledgement and jurat.
Under A.M. No. 20-07-04-SC, 2020 Interim Rules on Remote
Notarization of Paper Documents, subsections (a) of both Sections 1 and 6
has been further defined – to add more flexibility during the strict
implementation of lockdowns due to the effects of Covid-19, as follows:
(f) “Personal appearance,” “appears in person,” or “in the
presence of the notary public” mean that the principal,
witnesses, and the notary public can see, hear, and
communicate with each other, and present and confirm
competent evidence of identity to each other in real time
through the use of videoconferencing facilities and other
devices or technologies that achieve the same purpose4.
Example of Legal Document with Acknowledgement5:
DEED OF ACKNOWLEDGMENT & RECOGNITION
KNOW ALL MEN BY THESE PRESENTS:
4
https://www.lawphil.net/courts/rules/pdf/am_20-07-04-sc_2020.pdf
5
https://www.philippinelegalforms.com/2014/01/sample-deed-of-acknowledgment.html
Acknowledgment vs. Jurat
Page 2 of 4
I, JUAN DELA CRUZ, of legal age, single and with residence and
postal address at No. 17 Acacia Street, Pembo, Makati City, do hereby
expressly acknowledge receipt from ABC Company an advance fund in the
amount of P20,000.00 covered by Voucher No. 123, which fund has been
entrusted to me for the sole purpose of convenience and expediency in the
handling of company affairs in connection with my work as manager of the
same.
I hereby expressly declare and admit that the above fund is the exclusive
and sole property of ABC Company and that I, individually, and my heirs,
executors and administrators or assigns have no rights, interest or title in
said fund whatsoever.
I hereby further expressly declare, manifest and undertake that
immediately upon termination of my employment or in the event of death or
bankruptcy, or whenever so required by the said company, I my heirs,
executors and administrators, or assigns shall return or pay to ABC
Company the full amount of the advance fund.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of
January 2014 at Makati City.
JUAN DELA CRUZ
Signed in the presence of:
MARIA MAKILING JUAN TAMAD
ACKNOWLEDGMENT
Republic of the Philippines)
City of Makati ) S.S.
BEFORE ME, a Notary Public, for and in the City of Makati, this 7th day of
January 2014 personally appeared:
Acknowledgment vs. Jurat
Page 3 of 4
Name Identification Card Issued On/At
JUAN DELA CRUZ SSS I.D. No. 123 1-1-11/Makati
MARIA MAKILING SSS I.D. No. 444 4-1-11/Makati
JUAN TAMAD SSS I.D. No. 555 5-1-11/Makati
all known to me to be the same persons who executed the foregoing
instrument and hereby acknowledged to me that the same is their free and
voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. ____
Page No. ____
Book No. ____
Series of 20__.
Example of a Jurat6:
SUBSCRIBED and sworn to before me, in the
city/municipality of __________________, this ___________ day of
_________________, 20___________ by ___________________ with
Residence Certificate No. ________________ issued at
___________________ on ______________, 20_____.
NOTARY PUBLIC
My commission expires Dec. 31, 20__
Not. Reg. No._____________________;
Page No.________________________ ;
Book ___________________________;
Series of 20___________
6
http://legalforms-philippines.blogspot.com/2016/03/the-jurat.html
Acknowledgment vs. Jurat
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