In Short
- For sworn statements like affidavits: you sign in front of the notary and swear that what it says is true. This is called a jurat.
- For deeds, contracts and agreements: you tell the notary that you signed it of your own free will and that it is yours. This is called an acknowledgment.
- So affidavits use a jurat. Deeds of Sale, contracts and Special Powers of Attorney (SPAs) use an acknowledgment.
- Either way you must go in person and show an ID, or bring people who can vouch for who you are.
Jurat: Swearing to It Before the Notary
A jurat is used when you swear that what a document says is true. Under Rule II, Sec. 6 of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), a jurat is an act in which a person:
- appears in person before the notary and presents a document;
- is personally known to the notary or identified through competent evidence of identity (an accepted ID or credible witnesses);
- signs the document in the presence of the notary; and
- takes an oath or affirmation (a solemn promise) before the notary that the document is true.
The certificate usually begins "SUBSCRIBED AND SWORN to before me". Because you swear that the contents are true, a false statement in a jurat can lead to a charge of perjury (the crime of lying under oath).
Acknowledgment: Confirming Before the Notary That You Signed It
Under Rule II, Sec. 1, an acknowledgment is an act in which a person:
- appears in person before the notary and presents a document that is complete;
- is personally known to the notary or identified through competent evidence of identity (an accepted ID or credible witnesses); and
- says that they signed the document willingly for the purposes written in it, and that they made it (executed it) as their own free act. If they sign for someone else, such as a company, they also say that they are allowed to do so.
The certificate usually begins "BEFORE ME ... personally appeared". You are not swearing that every statement in the deed is true. You are confirming that the signature is yours and that you meant to sign.
Which Documents Use Which
| Jurat | Acknowledgment |
|---|---|
| Affidavit of Loss | Deed of Absolute Sale |
| Affidavit of Two Disinterested Persons | Special or General Power of Attorney |
| Affidavit of No Income, of Residency, of Support | Contract of Lease |
| Joint Affidavits and sworn statements | Deed of Donation, Extrajudicial Settlement |
| Verifications attached to complaints | Contracts and agreements |
The office that will receive the document sometimes asks for a particular form. If it does, follow its instructions.
What Counts as Proof of Who You Are
Rule II, Sec. 12, as amended on 19 February 2008, defines competent evidence of identity (accepted proof of who you are) as either:
- At least one unexpired ID from a government office, with your photo and signature. The rule gives examples "such as but not limited to" a passport, Driver's License, PRC ID, NBI Clearance, Police Clearance, Postal ID, Voter's ID, barangay certification, GSIS e-card, SSS card, PhilHealth card, senior citizen card, OWWA ID, OFW ID, Seaman's Book, Alien or Immigrant Certificate of Registration, government office ID, NCWDP certification, or DSWD certification; or
- Credible witnesses (people who vouch for who you are): one witness who is personally known to the notary and personally knows you, or two witnesses who each personally know you and show the notary their own IDs. The witnesses must have no part in the document and must swear to your identity.
When the Notary Must Say No
- You are not physically in front of the notary when the document is notarized (Rule IV, Sec. 2(b)).
- The notary does not know you and you cannot be identified by an ID or credible witnesses (Rule IV, Sec. 2(b)).
- The document is blank or incomplete (Rule IV, Sec. 6).
- The notary believes the deal is illegal or immoral, doubts that you understand what it means for you, or thinks you are not acting freely (Rule IV, Sec. 4).
- The notary is part of the document, would benefit from it, or is related to you up to the fourth civil degree (as far as first cousins) (Rule IV, Sec. 3).
Common Questions
Is an Affidavit Notarized by Acknowledgment Valid?
An affidavit is a sworn statement, so it calls for a jurat: an oath and a signature made in front of the notary. If an office rejects your affidavit because of the notary's certificate, have it notarized again with a jurat.
Can I Sign a Deed at Home and Then Bring It for Acknowledgment?
The rules for acknowledgment need you to appear and declare that the signature is yours and was freely given, not that you sign on the spot. Many notaries still prefer that you sign in front of them. You must appear in person either way.
Does the Notary Fee Differ Between a Jurat and an Acknowledgment?
Often, yes. Affidavits are usually priced per document, while Deeds of Sale are often priced by the value involved. See the fee for an affidavit and the fee for a Deed of Sale.
What Is a Credible Witness?
Someone who is not part of the document and who knows you personally, and who swears to the notary that you are who you say you are. Rule II, Sec. 12(b) allows one witness personally known to the notary, or two witnesses who each show the notary an ID.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. Last reviewed October 8, 2026.