ALL ABOUT THE NOTARIAL ACT OF JURAT IN THE PHILIPPINES
(Reference: 2004 Rules on Notarial Practice, as amended, Supreme Court Circulars, and related jurisprudence.)

1. DEFINITION AND CONCEPT

What is a Jurat?
A jurat is that part of a document where the notary public certifies that the person (affiant) who has executed the document has:
- Appeared personally before the notary public;
- Presented an integrally complete document;
- Signed the document in the presence of the notary; and
- Taken an oath or made an affirmation before the notary public as to the truth of the contents of the document.
Under Philippine law (particularly the 2004 Rules on Notarial Practice), the notarial act of jurat is strictly distinguished from an acknowledgment. In a jurat, the emphasis is on the affiant’s personal attestation (swearing) to the truth of the facts stated in the document. In an acknowledgment, the notary certifies that the signatory acknowledged executing the document freely and voluntarily.
Main Purpose of a Jurat
- To ensure that the affiant personally swears (or affirms) to the truthfulness of the statements in the document.
- To attach an evidentiary weight that the contents of the document were declared under oath.
- To provide a mechanism to hold the affiant accountable for false statements, since it is made under oath.

2. LEGAL BASIS AND RULES GOVERNING JURAT

Applicable Provisions
- 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)
- Amendments and Clarifications through Supreme Court circulars and decisions
- Relevant Provisions of the Civil Code (general form requirements for public documents, if applicable)
- Revised Penal Code and Rules of Court (regarding perjury and false affidavits)
Mandatory Requirements
The notary public must ensure that the following elements are present:
1. Personal Appearance of the affiant before the notary public.
2. Verification of Identity of the affiant by the notary public through:
  - Personal knowledge; or
  - Competent evidence of identity (e.g., government-issued IDs, passport, driver’s license, etc.).
3. Affiant Signs in the Presence of the Notary. If the document is already signed, the notary must require the affiant to re-sign (or at least acknowledge the signature and sign again on the notarial register) in the notary’s presence to ensure the authenticity of the signature.
4. Administration of Oath or Affirmation to the affiant, in which the notary public asks, “Do you swear (or affirm) that the contents of this document are true and correct?”
5. Completeness of the Document prior to notarization. The notary public must ensure that there are no blanks or incomplete portions in the document that might be later filled in without authority.
Notarial Register (Notarial Book) Entry
- The notary public must record in the notarial register details such as:
  - The date and time of notarization;
  - The title or description of the document;
  - The affiant’s name and address;
  - The type of identification documents presented;
  - The affiant’s signature; and
  - The notary’s fees.
- This register is crucial for authenticity and future reference. Notaries are required to keep this register secure and produce it in court when lawfully required.

3. FORM AND CONTENT OF THE JURAT

Typical Language/Template
Although there can be stylistic variations, the 2004 Rules on Notarial Practice sets forth a standard form. A typical jurat in the Philippines reads:

“SUBSCRIBED AND SWORN TO before me this ___ day of _____, 20, in __________ (place of notarization), affiant exhibiting to me his/her _________________ (competent evidence of identity), issued on __________ at __________.”

The essential points are:
- Statement that the affiant subscribed (signed) the document before the notary;
- Statement that the affiant was sworn (the administration of oath);
- Indication of date and place where the jurat was made;
- Description of the ID presented (or note of personal knowledge if that is the basis).
Notarial Seal and Signature
- The notary public affixes a seal (official seal or stamp) on the space provided.
- The seal must be in line with the specifications mandated by the 2004 Rules on Notarial Practice (circular in shape, bearing the name of the notary, the words “Notary Public,” the commission number, the region, etc.).
- The notary public then signs on or near the seal, indicating his/her full name as commissioned.
Competent Evidence of Identity
- The jurat must reflect the type of ID and other relevant details, unless the notary knows the affiant personally.
- Common forms of identification include the current passport, driver’s license, PRC ID, GSIS/SSS ID, or other government-issued IDs bearing a photograph and signature of the individual.

4. PROCEDURE FOR EXECUTING A JURAT

Preparation of the Document
- The affiant prepares (or is given) a written statement or affidavit.
- The content must be complete, leaving no blanks.
Appearance Before the Notary
- The affiant personally goes to the notary public’s office or presence.
- The notary checks the document’s completeness and the affiant’s identity.
Signing and Oath
- The notary requires the affiant to sign the document in front of the notary (or at least acknowledge and re-sign if there is a prior signature).
- The notary administers the oath or affirmation:
  
  “Do you swear (or affirm) that the statements in this document are true and correct to the best of your knowledge?”
- The affiant says ‘Yes’ (if swearing) or “I do affirm” (if affirming).
Notarial Certificate
- The notary fills out the jurat portion at the bottom or attached page of the document.
- The notary indicates the details required by the 2004 Rules (date, place, ID, etc.).
- The notary signs, affixes the official seal, and records the act in the notarial register.

5. LEGAL EFFECTS AND IMPORTANCE

Under Oath
- A document subscribed and sworn to under a jurat is an affidavit, giving it a higher evidentiary weight since the affiant swears to the truth of its contents.
- False statements can expose the affiant to perjury charges under the Revised Penal Code.
Validity in Legal Proceedings
- Many pleadings, motions, or supporting affidavits require a jurat to ensure authenticity and accountability for the statements made (e.g., a Verification and Certification of Non-Forum Shopping must be under oath).
- Courts require properly notarized affidavits and statements as part of the rules of procedure.
Presumption of Regularity
- Courts generally presume that the notarial act was regularly performed, and that the affiant properly executed the document under oath, so long as the notarial certificate is valid on its face.
Distinction from Acknowledgment
- Jurat: The affiant swears to the truthfulness of statements.
- Acknowledgment: The signer acknowledges that the signature is his/her free and voluntary act for the purposes stated in the document. No oath or affirmation of truthfulness is required in an acknowledgment.

6. NOTARIAL ETHICS AND RESPONSIBILITIES

Role of the Notary Public
- A notary public is considered an officer of the law, safeguarding the integrity of legal instruments.
- The notary must be impartial and must not notarize if there is a conflict of interest or if the notary is a party to the document (unless allowed by specific exceptions under the law).
Duty to Refuse Notarization
- If the document is incomplete, the notary must refuse notarization.
- If the affiant cannot be properly identified (no valid ID, no personal knowledge), the notary must refuse.
- If the notary suspects the transaction is illegal or the affiant incompetent (e.g., mentally incapacitated at the time), the notary has a duty to refuse and avoid participation in a potential fraud.
Sanctions for Non-Compliance
- Failure to observe the proper rules for jurat can result in administrative, civil, or even criminal liability against the notary public.
- The Supreme Court has consistently disciplined notaries for negligence or for notarizing documents without the personal appearance of signatories.
Record-Keeping
- The notary is required to keep a correct and faithful record of all notarial acts in his/her notarial register. Failure to do so can result in suspension, revocation of commission, or other penalties.

7. ILLUSTRATIVE FORM / EXAMPLE

Below is a general template for a sworn statement in the Philippines. At the bottom, you will see the Jurat:

REPUBLIC OF THE PHILIPPINES    )
CITY/MUNICIPALITY OF _______   ) S.S.
                                )

                      AFFIDAVIT

I, ______________________, of legal age, Filipino, single/married, and a resident of __________________________, after having been duly sworn to in accordance with law, do hereby depose and state:

1. That ...
2. That ...
3. That ...

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of __________, 20___ at __________, Philippines.

________________________
             (Affiant)

                     JURAT

SUBSCRIBED AND SWORN TO before me this __ day of __________ 20__, at __________, affiant exhibited to me his/her _________________________ (Competent Evidence of Identity) issued on ________ at ________.

Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 20__.

________________________
NOTARY PUBLIC
(Signature and Seal)
Name of Notary Public
Notarial Commission No. ____
Until December 31, 20__
PTR No. ____________/Date/Place
Roll of Attorneys No. __________
IBP Lifetime No./OR No. _______

Key Points in the Example:

“REPUBLIC OF THE PHILIPPINES” and “CITY/MUNICIPALITY OF _______” references.
Body of the affidavit detailing the statements being sworn to.
Signature of affiant above his/her typed name.
Standard Jurat language, including date, place, and ID details.
References to the Notarial Register (Doc. No., Page No., Book No., Series of the year).
Notary Public’s details (commission number, PTR, IBP, roll number, etc.).

8. PRACTICAL TIPS AND COMMON PITFALLS

Check the Document Thoroughly
- Notaries must ensure no blanks or incomplete provisions.
- The affiant must understand what they are swearing to.
Require Proper IDs
- Always check the validity and authenticity of the ID.
- Record the ID details carefully (ID type, number, date, place of issuance).
Administer the Oath Properly
- Some notaries overlook the actual administration of oath; this is a serious violation.
- The affiant should be made aware that they are under oath and the legal consequences of false statements.
Refuse Notarization When Appropriate
- If the affiant appears suspicious, incompetent, or the document appears unlawful.
- If the affiant does not personally appear.
Maintain an Accurate Notarial Register
- Always fill out the notarial register in real-time.
- Keep the register secure and keep the attachments (e.g., copies of IDs, if required or as a best practice).
Distinguish Between Acknowledgment and Jurat
- Ensure you use the correct notarial certificate.
- Many legal documents require an acknowledgment rather than a jurat, or vice versa. Read the instructions or consult the rule/regulation requiring the sworn statement.
Stay Current with Supreme Court Issuances
- The Supreme Court may release circulars or clarifications from time to time affecting notarial practice.
- Regularly attend Mandatory Continuing Legal Education (MCLE) which covers updates on notarial practice and remedial law.

9. CONCLUSION

A jurat is a fundamental notarial act under Philippine law that ensures an affiant personally appears, signs the document in the presence of a notary, and swears under oath to the truth of its contents. Strict compliance with the 2004 Rules on Notarial Practice is vital, as deviations can invalidate the affidavit, expose the notary public to administrative or criminal liability, and compromise the document’s evidentiary value.

For lawyers and notaries, meticulous attention to the steps and requirements—verifying identity, administering the oath, recording all details in the notarial register, and using the correct jurat wording—preserves the integrity of the instrument and upholds the ethical standards of the profession. For affiants, understanding the solemnity and binding nature of a jurat ensures that the statements made carry legal responsibility.

When done correctly, a jurat is a powerful tool in legal proceedings—helping parties present sworn statements, affidavits, and other documents with the assurance of authenticity and truthfulness under oath.