Beruflich Dokumente
Kultur Dokumente
1. Private Document – a deed or instrument Note: The omission of “S.S.” in a legal document is
executed by a private person, without the not material so as to invalidate it. (McCord, et al. v.
intervention of a notary public or of other Glenn, 6 Utah 139, 21 Pac. 500; Guevara, 2010)
person legally authorized, by which a
document, some disposition or agreement is Q: What are the contents of an
proved, evidenced or set forth. acknowledgment?
A:
2. Public Document [1] Title of the notarial act
a. An instrument authenticated by a notary [2] Place of execution
public or a competent public official, with [3] Date
the formalities required by law [4] Name of person acknowledging the
b. An instrument executed in due form before document (as well as name/s of the entity/ies
a notary certified by him being represented, if
c. That which is made by a notary public in such is the case)
the presence of the parties who executed [5] Competent evidence of identity presented
it, with the assistance of two witnesses. [6] Date and place of issue of the competent
(Suarez, 2007) evidence of identity presented
[7] Acknowledgment made to the notary public
A. COMMON FORMS that it is the person’s voluntary act and deed
[8] Type of document executed and number of
pages
1. ACKNOWLEDGMENT [9] Notarial certificate
[10] Identity of notary public
Note: Acknowledgment is a statutory act such that [11] Details of the notarial register
only those instruments that are required by law to be [12] If executed in a representative capacity, a
acknowledged shall be acknowledged; it is also a statement to that effect
personal act such that it cannot be acknowledged by a
person other than the one who executed it. (Suarez, Form 1: General Form of Acknowledgment
2007)
[1] ACKNOWLEDGMENT
Q: What are examples of instruments that must
be acknowledged? [2] REPUBLIC OF THE PHILIPPINES)
A: PROVINCE OF _______________)
a. Deeds CITY/MUNICIPALITY OF _______) S.S.
b. Conveyances
d. Mortgages [3] BEFORE ME, a NOTARY PUBLIC for and in
a. Leases the above jurisdiction, this ___ day of _____, 2012,
e. Releases and discharges affecting lands personally appeared the following persons
whether registered under Act 496 or
unregistered
[4] NAME [5] IDENTIFICATION A: The notary public. He certifies that the same was
[6] DATE AND PLACE OF ISSUANCE sworn before him.
____________________ ___________________
_______________________ Q: When should jurats be executed?
____________________ ___________________ A: It is used in any notarized document that is
_______________________ declaratory in nature, such as:
a. Affidavits
b. Certifications
[7] Known to me to be the same persons who c. Whenever the person executing the
executed the foregoing instrument and they document makes a statement of facts or attests to the
acknowledged to me that the same is their own free truthfulness of an event, under oath.
and voluntary act and deed [12] and of the
corporations herein represented. Note: A jurat should be used only in affidavits, sworn
statements, certifications, verifications and the like.
[8] This instrument refers to a (title of Never use it in contracts. (Albano, Albano, Jr. and
document) and consists of ___ pages including the Albano, 2004)
page on which this acknowledgment is written and
signed by the parties and their instrumental witnesses Form 2: Jurat
on each and every page thereof.
REPUBLIC OF THE PHILIPPINES)
[9] WITNESS MY HAND AND SEAL on the date PROVINCE OF _______________)
and at the place above written. CITY/MUNICIPALITY OF ______) S.S.
Note: You can use this pattern for all kinds of deeds. JUDICIAL FORMS
You need only vary the “act or conveyance” portion to
convert it into a deed of assignment, a deed of Note: All judicial forms have one mold or pattern. The
easement of right of way, a deed of real estate parts of a typical judicial form are:
mortgage, a deed of chattel mortgage, and others. [1] Caption
[2] Title
3. POWER OF ATTORNEY [3] Introduction
[4] Body
[5] Relief
Q: How is a General Power of Attorney different
[6] Attorney
from Special Power of Attorney?
[7] Plus or addendums
A: A special power of attorney is a very limited power
of attorney as it allows the Attorney-in-Fact to do only
those things specified by the principal. The authority
granted is usually very limited and clearly defined in
the power of attorney form. A general power of
attorney allows the Attorney-in-Fact to do anything the 1. AFFIDAVITS
principal would legally be able to do in his name. Q: What is an Affidavit?
A: It is an ex parte statement in writng made under
Q: What are the parts of a general power of oath before a notary public or other officer authorized
attorney? to administer oaths, about facts which the affiant
A: VeT-PAP-GA either knows of his personal knowledge or is aware of
[1] Venue and Title to the best of his knowledge. (Khan, Jr., 2007)
[2] Personal Circumstance
[3] Appointment operative words Q: Is oath similar from an affidavit?
[4] Power A: No. An affidavit consists of statement of fact which
[5] Granting authority operatives is sworn as to the truth, while an oath is a pledge.
[6] Acknowledgment (Suarez, 2007)
Q: Who is an affiant?
A: It refers to a person who signs an affidavit and
Q: What are the parts of a special power of
swears to its truth before a Notary Public or some
attorney?
person authorized to take oath
A: VeT-PAP-GA
[1] Venue and Title
Q: What are the parts of a typical sworn
[2] Personal Circumstance
statement or affidavit?
[3] Appointment operative words
A:
[4] Power
[1] Venue
[5] Granting authority operatives
[2] Title
[6] Acknowledgment
[3] Person
[4] Oath
[5] Statement
[6] Signature
[7] Jurat
Q: What does a secretary’s certificate contain?
A:
[1] Personal circumstances of the secretary
[2] Date of the Meeting and Resolution of the Board
[3] Resolutions still in force
Q: What is an Affidavit of Merit?
[4] Jurat
A: It is an affidavit which states that the defendant has
a meritorious defense of a substantial and not merely
Note: Being regular on its face, a Secretary's
technical nature and stating the facts constituting the
Certificate is sufficient for a third party to rely on. It
same.
does not have to investigate the truth of the facts
contained in such certification; otherwise business
Note: In executing an affidavit, the affiant’s primary
transaction of corporations would become tortuously
qualification is that he has knowledge of the facts
slow and unnecessarily hampered.
which he states, and the truth of which he affirms.
(Suarez, 2007)
Q: What does a treasurer’s affidavit contain?
[1] Name of treasurer
Q: What is an Affidavit of Good Faith?
[2] Election as treasurer
A: A certificate included in the chattel mortgage
[3] Certification as to amount of subscription received
contract executed by both the mortgagor and
(25%-25% rule)
mortgagee that the mortgage is constituted to secure
[4] Authority to examine account
the specified obligation, and that the said obligation is of a pleading or service of its copy on adverse party is
a valid, just and subsisting obligation and not one done by registered mail, another plus is the need to
entered into for the purpose of fraud. (Sec. 5, Chattel give an explanation why personal filing or service could
Mortgage Law) not be done.