Acknowledgment vs. Jurat: Pick the Right Notarial Act
Acknowledgment and jurat are the two most common notarial acts in the Philippines and the most commonly confused. Picking the wrong one can render a document unregistrable, inadmissible, or vulnerable to challenge. This guide explains the difference clearly, with examples and a decision rule you can apply on the spot.
At a Glance
| Dimension | Acknowledgment | Jurat |
|---|---|---|
| What is certified | The signer voluntarily executed the document | The contents of the document are true under oath |
| Oath administered | No | Yes |
| Signer must sign in notary’s presence | No – can be signed earlier | Yes – signed in the notary’s presence |
| Typical documents | Deeds of sale, SPAs, contracts, board resolutions | Affidavits, sworn declarations, verifications |
| Perjury exposure | No (statement is not under oath) | Yes (false statement = perjury) |
| Standard certificate language | “…acknowledged before me that the same is his/her free and voluntary act…” | “Subscribed and sworn to before me…” |
| Common use | Documents that grant rights or transfer property | Documents that state facts under oath |
The Underlying Difference
Acknowledgment
An acknowledgment is about voluntariness. The notary certifies that the signer personally appeared, was identified through competent evidence of identity, and admitted that they signed the document of their own free will. The notary does not certify that the contents of the document are true.
Use it when the document conveys something – transfers property, grants authority, creates an obligation.
Jurat
A jurat is about truth under oath. The notary verifies identity, watches the affiant sign the document in person, and administers an oath that the contents are true. False statements in the document can give rise to perjury.
Use it when the document asserts facts – “I lost my passport,” “I support my dependent,” “I am of single status.”
Quick Decision Rule
Ask: does the document grant or transfer something, or does it state facts?
- Grant or transfer (rights, property, authority, money) → acknowledgment
- State facts that need to be sworn → jurat
Document-by-Document Cheatsheet
| Document | Notarial Act | Why |
|---|---|---|
| Deed of Absolute Sale | Acknowledgment | Transfers ownership of real property |
| Conditional Deed of Sale | Acknowledgment | Transfers ownership subject to conditions |
| Contract to Sell | Acknowledgment | Promises to transfer ownership |
| Special Power of Attorney | Acknowledgment | Grants authority to act |
| General Power of Attorney | Acknowledgment | Grants authority to act |
| Lease over 1 year | Acknowledgment | Affects real property |
| Mortgage / Real Estate Mortgage | Acknowledgment | Encumbers real property |
| Board resolution (banking, gov’t filings) | Acknowledgment | Corporate act with binding effect |
| Secretary’s certificate | Acknowledgment | Corporate certification of board action |
| Promissory Note | Acknowledgment | Creates obligation |
| Deed of Donation | Acknowledgment | Transfers ownership |
| Deed of Assignment | Acknowledgment | Transfers rights |
| Affidavit of Loss | Jurat | Sworn statement of fact |
| Affidavit of Support | Jurat | Sworn statement of fact |
| Affidavit of Single Status / No Marriage | Jurat | Sworn statement of fact |
| Affidavit of Consent (travel of minor) | Jurat | Sworn statement of fact |
| Affidavit of Heirship | Jurat | Sworn statement of fact |
| Affidavit of Self-Adjudication | Jurat | Sworn statement of fact |
| Affidavit of Two Disinterested Persons | Jurat | Sworn statement of fact |
| Verification of Pleading | Jurat | Sworn statement |
| BIR Sworn Declaration of Gross Sales | Jurat | Sworn statement under penalty of perjury |
| Statement of Management Responsibility (AFS) | Jurat | Sworn statement |
| Sinumpaang Salaysay (any) | Jurat | Sworn statement |
What Happens When the Wrong Act Is Used
Jurat used where Acknowledgment is required
- The Registry of Deeds will reject the deed for registration
- The BIR may not accept the document for tax filing
- The document becomes vulnerable to challenge as not properly executed for its purpose
- The notary may be administratively liable
Acknowledgment used where Jurat is required
- The document is not technically sworn – so no perjury exposure attaches
- Courts may treat the document as a private document with reduced evidentiary weight
- Government agencies relying on a sworn declaration may reject it
- The notary may be administratively liable
In both cases, the practical fix is to redo the notarization with the correct act – which is faster and cheaper to do once on e-notarization than to coordinate a second physical notary visit.
Mechanics: How Each One Is Performed
Acknowledgment Steps
- Signer presents the already-signed document and competent evidence of identity
- Notary verifies identity
- Signer states that the signature is their own and was made voluntarily
- Notary completes the acknowledgment certificate, signs, and seals
- Notary records the act in the notarial book
Jurat Steps
- Affiant presents the unsigned document and competent evidence of identity
- Notary verifies identity
- Affiant signs in the notary’s presence
- Notary administers an oath or affirmation that the contents are true
- Notary completes the jurat certificate, signs, and seals
- Notary records the act in the notarial book
The jurat’s “sign in the notary’s presence” step is what people most often get wrong with online notarization workflows – it requires the affiant to apply their electronic signature live during the session, not in advance.
Both Acts Under E-Notarization
Both acknowledgment and jurat are fully supported under A.M. No. 24-10-14-SC and can be performed via IEN or REN by an electronic notary public. The notarial certificate language follows the 2004 Rules’ prescribed forms, adapted for electronic seal and signature.
Related Pages
- Glossary: Acknowledgment
- Glossary: Jurat
- Glossary: Affidavit
- Glossary: Notary Public
- Glossary: Special Power of Attorney
NotarialOS is a leading SC-accredited Electronic Notarization Facility supporting both acknowledgments and jurats under A.M. No. 24-10-14-SC.