Jurat

REPUBLIC OF THE PHILIPPINES )
[CITY/MUNICIPALITY OF ______] ) S.S.

JURAT

SUBSCRIBED AND SWORN to before me this [date] at [city/municipality, province],
Philippines, affiant [name of affiant] personally appeared before me and was
identified by me through competent evidence of identity, consisting of
[type of competent evidence of identity, identification number, date and place
of issuance, or other identifying details].

The affiant signed the foregoing [title or description of instrument] in my
presence and took an oath or affirmation before me that the statements therein
are true and correct to the best of the affiant's personal knowledge and/or
based on authentic records.

The foregoing instrument consists of [number of pages] page(s), including this
page on which this Jurat is written, and has been signed by the affiant on each
and every page thereof.

WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place first above
written.


                                      NOTARY PUBLIC

                                      [Name of Notary Public]
                                      Notarial Commission No. [commission number]
                                      Commission valid until [expiry date]
                                      Roll of Attorneys No. [roll number]
                                      PTR No. [PTR number], [date], [place]
                                      IBP No. [IBP details]
                                      MCLE Compliance No. [MCLE compliance details]
                                      Office Address: [notarial office address]

Doc. No. [document number];
Page No. [page number];
Book No. [book number];
Series of [series year].

Nature and Function of a Jurat

A jurat is the notarial act used for an affidavit or other sworn statement. It certifies that the affiant personally appeared before the notary public, was identified by the notary, signed the document in the notary's presence, and took an oath or affirmation as to the document.

The operative idea is not merely that a signature was authenticated. A jurat makes the statement a sworn statement. The affiant adopts the contents under the sanction of an oath, and the notary certifies that the oath or affirmation was actually administered.

The usual words subscribed and sworn to before me are compact but significant. Subscribed refers to the affiant's signing of the instrument, while sworn refers to the oath or affirmation administered by the notary. Before me requires personal appearance before the notary, not later confirmation by phone, message, video, or another person.

A jurat is commonly used in affidavits, sworn certifications, verifications, complaint-affidavits, counter-affidavits, affidavits of loss, affidavits of publication, and other documents whose legal value depends on the affiant's oath rather than on mere acknowledgment of execution.

Essential Requisites

A valid jurat requires the notary to perform and certify several connected acts. The absence of an essential act cannot be cured by a complete-looking stamp or by the notary's later assertion that the document was intended to be sworn.

1. Personal appearance. The affiant must physically appear before the notary public at the time of notarization and within the notary's territorial authority. The notary cannot perform a jurat for an absent person, for a person represented only by an agent, or for a document delivered by messenger.
2. Presentation of the instrument. The affiant must present the affidavit or sworn document to the notary. The document must be sufficiently complete for the notary to identify what instrument is being subscribed and sworn to.
3. Identification of the affiant. The notary must personally know the affiant or identify the affiant through competent evidence of identity. Identification is part of the notarial act, not a clerical afterthought.
4. Signing in the notary's presence. The affiant must sign the instrument before the notary. If the document was signed earlier, the prudent course is to require the affiant to sign again, initial the prior signature in the notary's presence, or otherwise comply with the rule that the subscription occurs before the notary.
5. Oath or affirmation. The notary must administer an oath or affirmation by which the affiant swears or affirms the truth of the statements in the instrument.
6. Completion of the notarial certificate. The notary must complete the jurat with the necessary particulars, sign it, affix the official seal, and record the act in the notarial register.

These requisites are cumulative. A document bearing a notarial seal is not a sworn affidavit if the affiant never appeared, was never identified, never signed before the notary, or never took an oath or affirmation.

Personal Appearance

Personal appearance is the central safeguard of a jurat. It allows the notary to identify the affiant, witness the signing, administer the oath, and refuse notarization when the circumstances show irregularity.

Appearance through a representative does not satisfy the requirement because an oath is personal. A lawyer, secretary, relative, corporate assistant, or messenger cannot swear for the affiant merely by bringing the document to the notarial office.

The appearance must occur within the place where the notary is authorized to act. The venue in the jurat should state the place where the oath was administered, not the place where the affidavit was drafted, signed earlier, or intended to be used.

A notary whose commission has expired, has not yet taken effect, has been revoked, or does not cover the place of notarization cannot validly perform the jurat. The defect affects the public character of the act and may expose the notary to administrative liability.

Competent Evidence of Identity

The notary must know who is swearing to the document. Competent evidence of identity generally means a current identification document issued by an official agency, bearing the individual's photograph and signature, or the legally allowed use of credible identifying witnesses.

Identification must connect the person before the notary with the name appearing in the affidavit. A name typed on the document, a signature resembling an earlier signature, a photocopy of an identification card, a social media profile, or another person's assurance is not enough.

A community tax certificate or cedula, by itself, is not reliable competent evidence of identity under the modern notarial rules because it does not ordinarily contain the safeguards required for identification. If an affidavit form still contains a blank for a cedula number, the notary should still require competent identification.

When the notary relies on personal knowledge, that knowledge must be real and sufficient to identify the person as the affiant. Casual familiarity, popularity in the locality, or introduction by another person is not a substitute for the required identification.

Oath and Affirmation

An oath is a solemn declaration that the contents of the instrument are true, made with an appeal to conscience and accountability. An affirmation is the equivalent solemn declaration for a person who does not use an oath for religious or conscientious reasons.

The oath or affirmation must relate to the instrument presented. A general statement such as asking whether the affiant signed the document is not enough if the affiant is not made to swear or affirm the truth of the statements in the affidavit.

The notary need not verify the truth of every factual statement in the affidavit, but the notary must ensure that the affiant understands that the document is being sworn to. The notary should decline the jurat if the affiant appears unable to understand the act, refuses to swear or affirm, or presents a document connected with an unlawful, improper, or fraudulent purpose.

False material statements in a sworn affidavit may create exposure to perjury or other liability when the elements of the offense or wrong are present. The jurat matters because it supplies the oath component of the sworn statement.

Contents of the Jurat Certificate

The jurat certificate should show on its face that the required notarial acts were performed. It should be clear enough to identify the affiant, the date and place of oath, the competent evidence of identity, and the notary who administered the oath.

The certificate should not be left with blanks. A jurat with blank identity details, missing date, missing venue, or unsigned notarial portion invites doubt as to whether the notarial act was actually completed.

Usual Form

SUBSCRIBED AND SWORN to before me this ___ day of __________ in __________, Philippines, affiant personally appearing before me and exhibiting competent evidence of identity as follows: __________.

Doc. No. ___;
Page No. ___;
Book No. ___;
Series of ____.

The form may vary, but the substance must remain. The notarial certificate must communicate that the affiant personally appeared, was identified, signed or subscribed the instrument, and swore or affirmed to it before the notary.

For multiple affiants, each person must personally appear, be identified, sign, and swear or affirm. The certificate should name all affiants and indicate the competent evidence of identity for each. If they appear on different dates or before different notaries, separate jurats are the cleaner and safer practice.

Jurat Distinguished from Acknowledgment

A jurat and an acknowledgment are both notarial acts, but they certify different facts. Confusing them can change the legal effect of the document.

An affidavit should bear a jurat, not merely an acknowledgment, because its usefulness depends on the oath. Conversely, a deed or contract usually calls for an acknowledgment, because the legal point is that the parties executed the instrument as their voluntary act.

Effect of a Proper Jurat

A proper jurat gives the affidavit its character as a sworn statement. It allows the document to be treated as having been made under oath when the applicable rule or proceeding requires an affidavit, verification, sworn certification, or sworn declaration.

The jurat does not make the factual allegations conclusive. A notarized affidavit is still generally hearsay when offered to prove the truth of its contents unless the rules of evidence or procedure allow its use. The jurat establishes the oath, not the truth of the narration.

Because notarization is a public act, a properly notarized document is ordinarily entitled to respect and carries a presumption of regularity. That presumption yields when evidence shows that the affiant did not appear, the notary lacked authority, the identity requirement was ignored, or the notarial certificate was falsified.

Defective Jurats

A defective jurat may deprive the document of its sworn character, reduce or destroy its evidentiary value, and create professional responsibility issues for the notary. The consequence depends on whether the defect is merely clerical or goes to an essential act.

• No personal appearance. The jurat is fatally defective because the notary could not have identified the affiant, witnessed the signing, or administered the oath.
• No oath or affirmation. The document is not a sworn affidavit even if signed and stamped by a notary.
• No competent identification. The notarization is irregular and may be denied the usual presumption of regularity, especially when identity is disputed.
• Signing outside the notary's presence. The jurat fails the subscription requirement unless the affiant validly signs or subscribes before the notary during the notarial act.
• Notary outside territorial authority. The notary acts without authority, and the notarial act may be treated as void or ineffective as a notarization.
• Expired or missing commission. A person without an effective notarial commission cannot perform a valid jurat.
• Blank or incomplete certificate. Missing material details may prevent verification of the act and show noncompliance with notarial duties.
• Use of the wrong notarial act. An acknowledgment does not supply the oath required for an affidavit or sworn certification.

Not every typographical error is fatal. A misspelled middle name, minor formatting error, or obvious clerical mistake may be explained if the essential acts actually occurred and the affiant is otherwise identifiable. But defects involving appearance, identity, subscription, oath, authority, or seal are substantive.

Notary's Duties in Performing a Jurat

The notary public is not a passive stamp-holder. Notarization is a public function because it gives documents a character that affects rights, obligations, proceedings, and public confidence in written instruments.

Before performing a jurat, the notary should examine the document enough to know its nature, check whether it is complete, identify the affiant, require personal signing, administer the oath or affirmation, complete the certificate, affix the seal, and make the corresponding notarial register entry.

The notary should not notarize a document that is blank, materially incomplete, unsigned by the affiant, signed by an absent person, presented under suspicious circumstances, or connected with an act the notary knows or has good reason to believe is unlawful or fraudulent.

The notary should not notarize a document in which the notary is a party, has a direct beneficial interest, or is otherwise disqualified. The impartial character of the notarial act is part of its reliability.

Failure to observe notarial duties may result in revocation of the notarial commission, disqualification from being commissioned as a notary, suspension or discipline as a lawyer, and other liability when the facts warrant. Courts treat improper notarization seriously because it can facilitate fraud and impair the integrity of public documents.

Practical Treatment of Affidavits with Jurats

When a rule requires a verified pleading, sworn certification, or affidavit, the jurat is the part that shows compliance with the oath requirement. A signature without a jurat is ordinarily not enough where the law or rule specifically requires a sworn statement.

Verification assures that the allegations are made in good faith or are true and correct based on personal knowledge or authentic records. The jurat supplies the oath that makes the verification sworn. If the jurat is defective in an essential respect, the verification may be treated as defective as well.

In a sworn certification against forum shopping, the jurat shows that the party made the certification under oath. A certification signed by counsel alone, signed by an unauthorized person, or notarized without the signatory's personal appearance may fail to serve its purpose because the oath must bind the proper declarant.

For corporate or organizational affiants, the juridical entity does not personally take the oath. A natural person, usually an authorized officer or representative, signs and swears to the document based on authority and personal knowledge or records. The jurat should identify that natural person, not merely the entity.

For affidavits executed by several persons, the oath of one affiant does not substitute for the oath of another. Each affiant is responsible for the statements sworn to by that affiant, and the certificate should make clear who appeared and swore before the notary.