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I. What is a jurat?

 Latin for "been sworn," the portion of an affidavit in which a person has sworn that the con
tents of his/her written statement are true), filled in by the Notary Public with the date, nam
e of the person swearing, sometimes the place where sworn, and the name of the person befo
re whom the oath was made.

A jurat is used when the signer is swearing to the content of the document. The


notary must administer an oath or affirmation to the signer in order to complete the jurat.
A jurat also requires that the signer signs in the presence of the notary.
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.

SAMPLE:
(Jurat for an Individual Affiant)
SUBSCRIBED AND SWORN to before me, this _____________, by
_____________ who exhibited to me (his/her)
Community Tax Certificate No. _____________ issued at _____________,
Philippines on _____________.
Notary Public
JOSH E. RIZAL
Notary Public for Baguio City
Until December 31,
2013
182 Session Road,
Baguio City
PTR No. 123/Baguio
City/12-31-13
Roll of Atty. No. 45678
IBP Lifetime
Membership No. 910
MCLE Compliance No
987

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;
II. What is an Acknowledgement?
Section 1, Rule II of the 2004 RNP defined acknowledgment as 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 the 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.

 Is a declaration made before a duly qualified public officer (as a notary public) by a
person who has executed an instrument that the execution was the person's free act
and deed.

III. What is a Verification?


- Is an averment by the party making the pleading that he is prepared to establish the truth of
the facts which he has pleaded.
- Verification is the legal context that refers to a declaration under oath or upon penalty of
perjury that a statement or pleading is true.
-addenda in a complaint

SAMPLE:
Verification/Certification
I, Pedro Labo, state under oath that I have read the above complaint
and the
allegations in it are true and correct of my personal knowledge and/or based on
authentic record.
I also certify under oath (a) that I have not previously filed any action involving the
same issues
in any court, tribunal or quasi-judicial agency; (b) that, to the best of my knowledge,
no such
action is pending in any of them; and (c) if I should learn of the filing of such action, I
shall report
it to the court within five days from notice.

Manila, 7 August 2009.


(SGD.) PEDRO C. LABO
Affiant
(JURAT)

IV. What is a forum shopping?


Forum shopping is the institution of two or more actions or proceedings involving the same
parties for the same cause of action, either simultaneously or successively, on the supposition
that one or the other court would make a favorable disposition.
Thus, there is forum shopping when the following elements are present, namely:
(a) identity of parties, or at least such parties as represent the same interests in both actions;
(b) identity of rights asserted and reliefs prayed for, the relief being founded on the same facts;
and
(c) the identity of the two preceding particulars, such that any judgment rendered in the other
action will, regardless of which party is successful, amounts to res judicata in the action under
consideration.

V. AFFIDAVITS or SWORN STATEMENTS


an affidavit is a sworn declaration of facts known to a declarant or affiant. It consists of the
following parts:
a.the venue of execution,
b. title, person’s bona fides,
c. the oath, statement,
d. the signature and the jurat.
Of all this part, the jurat is the most important as this is the certification of an
officer that the statement was sworn before him. Section 6, Rule II of the 2004
Rules on Notarial Practice (RNP) (effective August 2004), however, defines a jurat
as 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. (This means that the declarant vows under penalty of law to the whole
truth of the contents of his statement. Note also that the elements of a jurat are
connected by a conjunctive “and”. As such, each one act should be reflected in the
jurat.)

VI. MOTION A motion is a written request or proposal to the court to obtain an asked-for
order, ruling, or direction. The Body of a motion usually has two parts: the ground for the
motion and the argument in support of the motion. Motions can either be litigated or non-
litigated.

Sample Motion 1 (Litigated)


(CAPTION)
MOTION TO DISMISS
Defendant Jose B. Linaw, by counsel, moves to dismiss the complaint filed by
Pedro C. Labo on the sole ground that the venue of the litigation is improperly laid.

Argument
The contract between the parties declares that in case litigation becomes
inevitable, “all cases shall be brought before the proper court of Pasig City to the exclusion
of all others.” By filing the complaint before this court in Manila, a place obviously
convenient to Pedro, he violates the clear tenor of his agreement with Jose. Consequently, a
prompt dismissal of the case becomes necessary.

Relief
ACCORDINGLY, Jose requests that Pedro’s complaint be dismissed forthwith.
Other reliefs just and equitable are also prayed for.

[Explanation: Due to constraints in distance and time, a copy of this motion shall be served
by registered mail.]

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