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Affidavit
A written statement of facts voluntarily made by an affiant
under an oath or affirmation administered by a person
authorized to do so by law.
Distinctions
An affidavit is voluntarily made without any crossexamination of the affiant and, therefore, is not the same as
a deposition, a record of an examination of a witness or a
party made either voluntarily or pursuant to a subpoena, as if
the party were testifying in court under cross-examination. A
pleadinga request to a court to exercise its judicial power
in favor of a party that contains allegations or conclusions of
facts that are not necessarily verifieddiffers from an
affidavit, which states facts under oath.
Basis
An affidavit is based upon either the personal knowledge of
the affiant or his or her information and belief. Personal
knowledge is the recognition of particular facts by either
direct observation or experience. Information and belief is
what the affiant feels he or she can state as true, although
not based on firsthand knowledge.
The Affiant
Any person having the intellectual capacity to take an oath or
make an affirmation and who has knowledge of the facts that
are in dispute may make an affidavit. There is no age
requirement for an affiant. As long as a person is old enough
to understand the facts and the significance of the oath or
affirmation he or she makes, the affidavit is valid. A criminal
conviction does not make a person incapable of making an
affidavit, but an adjudication of Incompetency does.
Someone familiar with the matters in question may make an
affidavit on behalf of another, but that person's authority to
do so must be clear. A guardian may make an affidavit for a
minor or insane person incapable of doing so. An attorney
may make an affidavit for a client if it is impossible for the
client to do so. When necessary to the performance of
duties, a Personal Representative, agent, or corporate
officer or partner may execute an affidavit that indicates the
capacity in which the affiant acts.
A court cannot force a person to make an affidavit, since, by
definition, an affidavit is a voluntary statement.
The Taker of the Affidavit
Any public officer authorized by law to administer oaths and
affirmationssuch as city recorders, court clerks, notaries,
county clerks, commissioners of deeds, and court
commissionersmay take affidavits. Justices of the peace
and magistrates are sometimes authorized to take affidavits.
Unless restricted by state law, judges may take affidavits
involving controversies before them.
An officer cannot take affidavits outside of the particular
jurisdiction in which he or she exercises authority. The
source of this authority must appear at the bottom of the
affidavit. A notary, for example, would indicate the county in
which he or she is commissioned and the expiration date of
the commission.
An official seal is not essential to the validity of the affidavit
but may be placed on it by the proper official.
1|UNIVERSITY
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REPUBLIC
________ CITY
OF
THE
) SS.
PHILIPPINES)
Acknowledgements
AFFIDAVIT
I, ________________, Filipino, of legal age, with address at
__________________________________, after having
been sworn to in accordance with law hereby depose and
state
that:
1. ]
2. ]
3.]
Verification
A verification is an affirmation by the party making the
pleading that he is prepared to establish the truth of the facts
which he pleaded (Harp vs State, 26 SW 714, 59 Ark 113)
_______________________
Affiant
JURAT
SUBSCRIBED AND SWORN to before me, a Notary Public,
this ___ day of ____________ 200__ at _____________
City, affiant exhibited to me his Community Tax Certificate
No. ____________ issued on ______________ at
______________.
Doc.
Page
Book
Series of 200_.
No.
No.
No.
;
;
;
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(2)
(3)
(4)
(5)
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(b)
(c)
RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004
Rules on Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and
construed to advance the following purposes:
(a)
(b)
(c)
(b)
DEFINITIONS
SECTION 1. Acknowledgment. - Acknowledgment refers to
an act in which an individual on a single occasion:
(a)
(b)
(c)
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(b)
(c)
(a)
(a)
(b)
(b)
(c)
(d)
(b)
(c)
(d)
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(b)
(c)
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(b)
(c)
(d)
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission may be
issued by an Executive Judge to any qualified person who
submits a petition in accordance with these Rules.
To be eligible for commissioning as notary public, the
petitioner:
(1)
(2)
(3)
(4)
(5)
SEC. 2. Form of the Petition and Supporting Documents. Every petition for a notarial commission shall be in writing,
verified, and shall include the following:
(a)
5|UNIVERSITY
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(a)
(b)
(c)
(b)
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the
petition for notarial commission of (name of petitioner) shall
be held on (date) at (place) at (time). Any person who has
any cause or reason to object to the grant of the petition may
file a verified written opposition thereto, received by the
undersigned before the date of the summary hearing.
_____________________
RECOLETOS
Executive Judge
SEC. 6. Opposition to Petition. - Any person who has any
cause or reason to object to the grant of the petition may file
a verified written opposition thereto. The opposition must be
received by the Executive Judge before the date of the
summary hearing.
SEC. 7. Form of Notarial Commission. - The commissioning
of a notary public shall be in a formal order signed by the
Executive Judge substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of (regular place
of work or business) in (city or province) was on this (date)
day of (month) two thousand and (year) commissioned by
the undersigned as a notary public, within and for the said
jurisdiction, for a term ending the thirty-first day of December
(year) chan robles virtual law library
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to
Purchase a Notarial Seal. - The Certificate of Authorization
to Purchase a Notarial Seal shall be valid for a period of
three (3) months from date of issue, unless extended by the
Executive Judge.
A mark, image or impression of the seal that may be
purchased by the notary public pursuant to the Certificate
shall be presented to the Executive Judge for approval prior
to use.c
SEC. 14. Action on Application for Renewal of Commission. The Executive Judge shall, upon payment of the application
fee mentioned in Section 3 above of this Rule, act on an
application for the renewal of a commission within thirty (30)
days from receipt thereof. If the application is denied, the
Executive Judge shall state the reasons therefor.
RULE IV
CERTIFICATE OF AUTHORIZATION
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acknowledgments;
(2)
(3)
(4)
signature witnessings;
(5)
(6)
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(2)
(3)
(4)
(4)
(1)
(2)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(2)
(3)
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(b)
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(b)
(b) A notary public shall keep only one active notarial register
at any given time.cralaw
SEC. 2. Entries in the Notarial Register. - (a) For every
notarial act, the notary shall record in the notarial register at
the time of notarization the following:
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For
performing a notarial act, a notary public may charge the
maximum fee as prescribed by the Supreme Court unless he
waives the fee in whole or in part.
SEC. 2. Travel Fees and Expenses. - A notary public may
charge travel fees and expenses separate and apart from
the notarial fees prescribed in the preceding section when
traveling to perform a notarial act if the notary public and the
person requesting the notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. No fee or compensation of any
kind, except those expressly prescribed and allowed herein,
shall be collected or received for any notarial service.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(d)
(e)
(f)
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(h)
(i)
(b)
(c)
(2)
(3)
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(4)
(c)
(d)
SEC. 5. Loss, Destruction or Damage of Notarial Register. (a) In case the notarial register is stolen, lost, destroyed,
damaged, or otherwise rendered unusable or illegible as a
record of notarial acts, the notary public shall, within ten (10)
days after informing the appropriate law enforcement agency
in the case of theft or vandalism, notify the Executive Judge
by any means providing a proper receipt or
acknowledgment, including registered mail and also provide
a copy or number of any pertinent police report.cralaw
(b) Upon revocation or expiration of a notarial commission,
or death of the notary public, the notarial register and
notarial records shall immediately be delivered to the office
of the Executive Judge.cralaw
SEC. 6. Issuance of Certified True Copies. - The notary
public shall supply a certified true copy of the notarial record,
or any part thereof, to any person applying for such copy
upon payment of the legal fees.
RULE VII
(a)
(1)
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(b)
(c)
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(b)
(c)
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(d)
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A
certificate of authority evidencing the authenticity of the
official seal and signature of a notary public shall be issued
by the Executive Judge upon request in substantially the
following form:
_________________
(official signature)
(seal of Executive Judge)
RULE X
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(b)
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RULE XII
12 | U N I V E R S I T Y
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SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive Judge shall
cause
the
prosecution
of
any
person
who:chanroblesvirtuallawlibrary
(a)
(b)
(c)
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