LEGAL FORMS

AFFIDAVITS

 Anaffidavit is a formal sworn statement of fact,

signed by the declarant called an affiant and
witnessed by a taker of oath such as a notary
public
The uses of affidavits include…

 (1) To allow evidence to be gathered from witnesses or

participants who may not be available to testify in person
before the court, or who may otherwise fear for their
safety if their true identities are revealed in court;and

 (2) To obtain a declaration on a legal document that the

information provided by the applicant is truthful to the
best of the applicant’s knowledge.
 If an affidavit is notarized or authenticated, it will also
include a caption with a venue and title in reference to
judicial proceedings. These may be written in the first or
third person, depending on who drafted the document.
 If in the first person, the document’s component parts are:
 1. A commencement which identifies the affiant;
 2. The individual averments, almost always numbered as
mandated by law, each one making a separate claim;
 3. A conclusion generally stating that everything is true,
under penalty of perjury, fine, or imprisonment; and
 4. An attestation, usually a jurat, at the end certifying the
affiant made oath and the date.
Parts of an Affidavit

1. The Venue is the designation of the place where the affidavit was
taken to show whether the notary public has acted within his
jurisdiction.
2. The Scilicet/Subscripsi (SS) is used to particularize a general
statement, i.e. republic of the Philippines, SS, City of Baguio means: in
the Republic of the Philippines, more particularly in the City of Baguio.
3. The Body consists of the facts attested to by the affiant, who should
have actual knowledge of the same and not merely a belief thereof.
The allegations therein should be full, certain, and exact. In short,
accuracy of the statements in the affidavit is indispensable.
4. The signature of the affiant which is found below the body of the
affidavit.
5. The Jurat.
JURAT v. ACKNOWLEDGMENT
 Jurat refers to an act in which an individual, on a single occasion
appears in person before a Notary Public and presents an instrument
or document; is personally known to the Notary Public or identified by
the Notary Public through competent evidence of identity as defined
by the 2004 Rules on Notarial Practice; signs the instrument or
document in the presence of the Notarial Practice; and takes an oath
or affirmation before the Notary Public as to such instrument or
document.
 Basically, jurat is a certification that the instrument was “sworn” to
before a Notary Public, which is executed to give the document a
legal character.
 It accompanies any notarized document that is declaratory in nature,
as opposed to a notarized document that transmits rights or property,
which must be accompanied by an acknowledgment.
 SUBSCRIBED AND SWORN TO before me in the City of
Baguio on this 19th day of April 2013,affiant exhibiting
before me his Government Issued ID No. 08061989 issued
on August 6, 2012 at Baguio City.
ACKNOWLEDGMENT
 Acknowledgment is an act in which an individual on a
single occasion appears before in person before the Notary
Public and presents an integrally complete instrument or
document; is attested to be personally known to the
Notary Public or identified by the Notary Public through
competent evidence of identity as defined by the2004
Notarial Rules; and represents to the NP 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.
 Basically, it is the act of one who has executed a deed in going before
some competent officer or court and declaring it to be his act or
deed. The two-fold functions of an acknowledgment are:
1.) to authorize the deed to be given in evidence without proof and
2.) to entitle it to be recorded. The same purposes may be
accomplished by a subscribing witness going before the officer or court
and making oath to the fact of execution, which is certified in the same
manner.
 ACKNOWLEDGMENT
 REPUBLIC OF THE PHILIPPINES}
 City of Baguio } SS
 BEFORE ME, a Notary Public for and in the City of Baguio, Philippines,
personally appeared LAP U.LAPU, with Passport No. 1234 issued at Baguio City
expiring on November 20, 2013, and Driver’s License No. 5678 issued by LTO
Baguio on December 18, 2012, known to me to be the same person who
executed the foregoing instrument, and acknowledged to me that the same is
his free act and voluntary deed.
 WITNESS MY HAND AND SEAL this 19th day of April 2013 in the City of Baguio,
Philippines.
JUDICIAL AFFIDAVIT RULE

 Submission of Judicial Affidavits and

Exhibits in lieu of direct testimonies
 A judicialaffidavit shall be prepared in the language
known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and
shall contain the following:
(a) The name, age, residence or business address, and occupation of the
witness;
(b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is
being held;
(c) A statement that the witness is answering the questions asked of him,
fully conscious that he does so under oath, and that he may face
criminal liability for false testimony or perjury;
 (d) Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(1) Show the circumstances under which the witness acquired
the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues
that the case presents; and
(3) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers
the oath or an officer who is authorized by law to administer the same.