Below is a comprehensive discussion about the difference between a Jurat and an Acknowledgment in the context of Philippine notarial practice. This article is based on the relevant provisions of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), Philippine jurisprudence, and legal practice guidelines.

I. Introduction

Notarial acts in the Philippines are governed by the 2004 Rules on Notarial Practice (often referred to simply as the “Notarial Rules”) issued by the Supreme Court. Two common forms of notarization—Jurat and Acknowledgment—have distinct legal effects and procedural requirements.

Jurat: Primarily focuses on (1) the attestation that the document was signed in the notary’s presence and (2) the administration of an oath or affirmation regarding the truthfulness or authenticity of the contents of the document.
Acknowledgment: Centers on the declarant’s acknowledgment of having executed the document voluntarily, accompanied by a confirmation of his/her identity and authority (where applicable).

Understanding these differences is crucial to ensure that documents are properly notarized in compliance with Philippine law.

II. Legal Basis: The 2004 Rules on Notarial Practice

The 2004 Rules on Notarial Practice outline specific definitions, requirements, and notarial certificate forms. Relevant provisions include:

Rule II, Section 6 (Definitions)
- Defines a Notarial Act and mentions that it includes Acknowledgments, Jurats, Oaths and Affirmations, among others.
Rule IV (Notarial Acts)
- Elaborates on the nature and effects of Jurats and Acknowledgments.
Rule VIII (Notarial Certificates)
- Provides the standard form requirements for a Jurat and for an Acknowledgment.

The distinction arises from how the notary public interacts with the person signing the document and what the notary public is certifying through the notarial certificate.

III. Jurat

A. Definition and Purpose

A Jurat is a written statement at the end of a document where the notary public certifies two important things:

The document was signed by the affiant (the person making the statement) in the presence of the notary public.
The affiant personally appeared before the notary public, took an oath or affirmation attesting to the truthfulness of the facts contained in the document.

In simpler terms, the Jurat verifies that:

The signer personally appeared before the notary,
The signer was properly identified by the notary,
The document was signed in the notary’s presence,
The signer was placed under oath, declaring that the content of the document is true and correct to the best of his/her knowledge.

B. Typical Documents Requiring a Jurat

Affidavits (e.g., Affidavit of Loss, Affidavit of Service, Affidavit of Guardianship, etc.).
Sworn Statements (such as sworn declarations in support of administrative or judicial pleadings).
Certifications or statements that require the affiant to affirm the veracity of the contents.

C. Content of the Jurat Certificate

Under the Notarial Rules, the Jurat certificate often includes the following elements:

A statement that the affiant subscribed (signed) the document in the notary’s presence.
A statement regarding the affiant’s oath or affirmation as to the truth of the content.
The date and place of notarization.
The signature and seal of the notary public.

A sample Jurat statement (simplified) might read:

“Subscribed and sworn to before me this [date] by [name of affiant], who personally appeared before me and presented [competent evidence of identity] …”

D. Legal Implications of a Jurat

A document with a valid Jurat establishes that:

The contents of the document are given under oath.
The affiant can be held liable for perjury if statements are proven false.
The date and location of the act are clearly established, which can be relevant in official filings or court submissions.

However, it does not verify or certify the truthfulness of the document’s contents; rather, it confirms that the affiant swore or affirmed that the contents are true.

IV. Acknowledgment

A. Definition and Purpose

An Acknowledgment is a declaration by the person executing (signing) a document that:

They are the person described in the instrument,
They personally appeared before the notary public,
They executed the document voluntarily and freely.

In an Acknowledgment, the notary public certifies:

The identity of the person acknowledging the document.
That the individual acknowledged the document as his or her free act and deed (or as the free act and deed of the principal, in the case of a corporate officer or representative executing on behalf of an entity).

B. Typical Documents Requiring an Acknowledgment

Deeds (such as Deeds of Sale, Deeds of Donation, Deeds of Assignment).
Contracts that need to be recorded in public registries (e.g., real estate mortgages).
Powers of Attorney and other documents involving authority or representation.
Corporate Documents where an officer signs in behalf of a corporation (e.g., Secretary’s Certificate).

C. Content of the Acknowledgment Certificate

Under the 2004 Notarial Rules, an Acknowledgment certificate typically includes:

A statement of personal appearance by the individual who executed the document.
A statement that the person was identified through competent evidence of identity.
A declaration that the person acknowledged the document as his/her free act and deed (or the free act and deed of the entity, if applicable).
The date and place of notarization.
The signature and seal of the notary public.

A simplified Acknowledgment statement might read:

“Before me, on this [date], personally appeared [name of signatory], who was identified through [competent evidence of identity], and who acknowledged that the foregoing instrument is his/her free act and deed.”

D. Legal Implications of an Acknowledgment

A document that is duly acknowledged is generally entitled to be recorded in registries (e.g., Register of Deeds).
The identity and voluntariness of the person executing the document are placed beyond dispute because the notary public confirms these elements.
The validity of certain transactions (especially those concerning property rights) often depends on the document’s proper acknowledgment. If an Acknowledgment is defective, the document may face challenges as to its authenticity or enforceability.

V. Key Differences at a Glance

Aspect	Jurat	Acknowledgment
Focus	Affiant’s oath on the truthfulness of the document’s content.	Signer’s acknowledgment of execution and voluntariness.
Main Certification	That the affiant personally appeared, signed in the notary’s presence, and took an oath.	That the signer personally appeared, confirmed identity, and acknowledged the document as a free act and deed.
Common Use	Affidavits, sworn statements, declarations under oath.	Deeds, contracts, powers of attorney, other documents requiring recording.
Effect	Places the declarant under oath—perjury may apply if false.	Affirms authenticity and voluntariness; generally required for registerable documents.
Content of Notarial Clause	“Subscribed and sworn to before me…”	“Acknowledged before me…” or “Before me personally appeared…”

VI. Competent Evidence of Identity

Regardless of whether the notarial act is a Jurat or an Acknowledgment, the 2004 Rules on Notarial Practice require the notary public to ascertain the identity of the person through competent evidence of identity, which may include:

A government-issued ID with photo and signature (e.g., passport, driver’s license, PRC ID, Unified Multi-Purpose ID).
Personal knowledge of the notary public (less commonly relied upon and must meet strict criteria).

Failure to verify identity properly could invalidate the notarization.

VII. Best Practices for Lawyers and Notaries

Distinguish the Type of Document: Determine whether the document contains statements requiring an oath (Jurat) or involves an acknowledgment of execution (Acknowledgment).
Use the Correct Notarial Certificate: Make sure to adapt the precise language required for a Jurat or an Acknowledgment. Mixing up the two can lead to invalidation of the document.
Proper Identification: Always require competent evidence of identity. Include the details (ID type, number, date, and place of issue) in the notarial certificate or notarial register.
Personal Appearance: Ensure that the affiant or party acknowledging the document personally appears before you. Remote notarization without compliance with special guidelines (if any are issued in extraordinary circumstances) is prohibited by the Notarial Rules.
Maintain a Diligent Notarial Register: Record all relevant details (date, place, name of affiant/acknowledging party, type of document, ID presented, signature, etc.) in the notarial register or e-notarial system (if applicable under current rules).
Stay Updated: Any amendments to the Notarial Rules or related administrative issuances should be monitored to ensure compliance.

VIII. Consequences of Improper Notarization

Disciplinary Action: A lawyer who fails to follow notarial protocols may be subject to administrative sanctions, including possible suspension or revocation of notarial commission.
Invalid or Void Document: If the notarization is invalid, the legal effect of the instrument might be compromised. For instance:
- An affidavit might be treated as an unsworn statement.
- A deed of sale could be considered void or unrecordable due to the improper acknowledgment.
Criminal and Civil Liability: Involvement in fraudulent notarization could expose the notary to criminal charges or civil liability if any party suffers damage as a result.

IX. Conclusion

In Philippine notarial practice, Jurat and Acknowledgment serve distinct purposes:

Jurat emphasizes the sworn statement—the affiant personally appears before the notary, signs under oath, and declares that the contents are true.
Acknowledgment is about confirming the signatory’s identity and voluntary execution of the document—essential for documents requiring registration or carrying significant legal effect (e.g., transfer of rights or ownership).

Choosing the correct notarial certificate is critical. Substituting a Jurat for an Acknowledgment (or vice versa) can lead to serious legal ramifications, including the invalidation of the document and notarial disciplinary actions. Ensuring strict compliance with the 2004 Rules on Notarial Practice upholds the integrity of notarized documents and protects the parties involved in legal transactions.

References (Philippine Context)

A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice).
Civil Code of the Philippines (for documents that require notarization to have legal effect or for certain contracts to be binding or registerable).
Jurisprudence: Supreme Court decisions regarding the duty of notaries public and the proper form of affidavits and acknowledgments.

By understanding these nuances and adhering to legal requirements, notaries and document signers in the Philippines can ensure the validity and reliability of notarized documents, whether by Jurat or Acknowledgment.