Affidavit Basics and Definitions

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Questions and Answers

Which of the following elements is NOT considered an essential part of an affidavit?

  • The name, status, citizenship, and address of the affiant
  • The signature of the affiant
  • A statement that the affiant has been duly sworn to
  • The reason for the affidavit (correct)

Which statement accurately describes the role of the jurat in an affidavit?

  • The jurat is a section where the notary public attests to the affiant's signing the affidavit. (correct)
  • The jurat is a section where the affiant confirms the accuracy of the information provided.
  • The jurat is a brief summary of the key facts contained in the affidavit.
  • The jurat serves as a written oath that the affiant has truthfully presented their statement.

What is the primary function of an affidavit?

  • To act as a binding contract between two parties.
  • To serve as a formal request for specific actions from an authority.
  • To provide a sworn statement that can be used as evidence in legal proceedings. (correct)
  • To provide legal advice to the affiant.

Which of the following scenarios would result in an affidavit being deemed 'not lawful'?

<p>The affiant signs the affidavit without having the oath administered by an authorized officer. (C)</p> Signup and view all the answers

What is the significance of the signature on an affidavit?

<p>The signature verifies the affiant's identity and confirms their consent to the content of the affidavit. (C)</p> Signup and view all the answers

What is the difference between a jurat and an acknowledgment?

<p>A jurat confirms the truth of a statement while an acknowledgment confirms the execution of a deed. (D)</p> Signup and view all the answers

Why is it crucial that the facts presented in an affidavit are based on the affiant's personal knowledge?

<p>To guarantee that the information provided is truthful and can be corroborated. (B)</p> Signup and view all the answers

What is the purpose of the witnesses in the JURAT form No. 5?

<p>To verify that the affiant signed the affidavit freely and voluntarily. (B)</p> Signup and view all the answers

In what language must the contents of the affidavit be explained to the affiant?

<p>English or Filipino, depending on the affiant's ability to understand the language. (B)</p> Signup and view all the answers

How does the JURAT form No. 6 differ from JURAT form No. 5?

<p>JURAT form No. 6 is used when the affiant is known to the notary public but the witness is unknown, while JURAT form No. 5 is used when the affiant is unknown but the witnesses are known. (B)</p> Signup and view all the answers

Who is considered a stranger to the notary public in JURAT form No. 6?

<p>The affiant. (A)</p> Signup and view all the answers

What is the purpose of the affiant's 'ID name and number and expiry date'?

<p>To verify the affiant's identity and ensure they are the same person who signed the affidavit. (C)</p> Signup and view all the answers

What is the purpose of the JURAT form No. 3?

<p>To verify the identity of the affiant when they are unable to sign their name. (C)</p> Signup and view all the answers

What information is required from the affiant in both JURAT forms?

<p>Their thumbprint, the date of swearing, and the location. (D)</p> Signup and view all the answers

What is the role of the witnesses in JURAT Form No. 3?

<p>To ensure the affiant understands the contents of the document. (A)</p> Signup and view all the answers

What is the difference between JURAT Form No. 3 and JURAT Form No. 4?

<p>Form 3 is used when the affiant is personally known to the notary, while Form 4 is not. (A)</p> Signup and view all the answers

What does the phrase "not privy to the affidavit" mean in the context of the witnesses?

<p>The witnesses have not seen the content of the affidavit before the signing. (D)</p> Signup and view all the answers

What is the purpose of the notary public's signature and seal?

<p>To authenticate the document and confirm its legal validity. (B)</p> Signup and view all the answers

What language is used to explain the contents of the affidavit to the affiant in JURAT Form No. 3?

<p>English or Filipino. (E)</p> Signup and view all the answers

Why is it important for the affiant to understand the contents of the affidavit?

<p>To ensure that they are not signing a document that contains false or misleading information. (C)</p> Signup and view all the answers

What type of information is expected to be provided in the "state name and address of the two witnesses" section?

<p>The full legal names and addresses of both witnesses. (E)</p> Signup and view all the answers

What is the purpose of providing "competent evidence of identity" in JURAT Form No. 4?

<p>To verify the affiant's identity when the notary doesn't know them personally. (C)</p> Signup and view all the answers

Which of the following is NOT a requirement for a JURAT?

<p>The individual must declare the contents of the document are true and correct. (C)</p> Signup and view all the answers

What is the primary purpose of an ACKNOWLEDGMENT?

<p>To attest to the individual's willingness and authority to sign the document. (C)</p> Signup and view all the answers

Which of the following instruments typically requires an ACKNOWLEDGMENT?

<p>A power of attorney for financial transactions. (A)</p> Signup and view all the answers

According to the 2004 Rules on Notarial Practice, what must individuals present if they are not personally known to the notary?

<p>Competent evidence of identity. (B)</p> Signup and view all the answers

What information must appear below the notary's signature and seal on an ACKNOWLEDGMENT or JURAT?

<p>The notary's name, roll of attorney, commission number, expiration date, IBP official receipt information, professional tax receipt information, and MCLE compliance information. (A)</p> Signup and view all the answers

Which of the following is NOT a component of an ACKNOWLEDGMENT?

<p>The individual declaring the document's contents are true and correct. (C)</p> Signup and view all the answers

Why does the notary need to be personally known to the individual or have competent evidence of identity?

<p>All of the above. (D)</p> Signup and view all the answers

Which of the following scenarios would typically require a JURAT?

<p>Filing an affidavit stating a witness saw an incident. (C)</p> Signup and view all the answers

What information is typically found in the lower left portion of a notarial register entry?

<p>The document number, page number, Book Number, and year of notarization (D)</p> Signup and view all the answers

What is the primary reason for the notary public to verify the affiant's identity?

<p>To prevent fraud and document forgery (B)</p> Signup and view all the answers

What is the purpose of the Roll of Attorney Number listed in the notary public's information?

<p>To verify the notary public's legal authority to practice law (C)</p> Signup and view all the answers

Which JURAT form should be used if the affiant is not personally known to the notary public?

<p>JURAT Form No. 2 (A)</p> Signup and view all the answers

What is the significance of the Commission Expires on date in the notary public's information?

<p>The date when the notary public's legal authority to notarize documents ends (A)</p> Signup and view all the answers

What is the purpose of the thumbmark when an affiant is illiterate, blind, or physically impaired?

<p>To replace a written signature with a visual identifier (A)</p> Signup and view all the answers

What should the notary public do if they are not personally familiar with the affiant?

<p>Request the affiant to present valid identification (D)</p> Signup and view all the answers

What is the primary purpose of the JURAT?

<p>To attest to the truthfulness and authenticity of the document (D)</p> Signup and view all the answers

Which of these aspects is NOT typically included in a notary public's information?

<p>The affiant's address and contact information (D)</p> Signup and view all the answers

What is the role of a credible witness when an affiant is illiterate, blind, or physically impaired?

<p>To witness the affiant affixing their thumbmark on the document (A)</p> Signup and view all the answers

Flashcards

Affidavit

A written statement confirmed by the affiant before a Notary Public.

Essential Parts of an Affidavit

Includes venue, affiant details, sworn statement, signature, jurat, and notarization.

Three Essential Elements

  1. Written oath of facts by affiant, 2. Affiant's signature, 3. Officer's attestation.

Lawful Affidavit Criteria

Must be signed in officer's presence and have an administered oath.

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Signature in Affidavit

Valid if manual, electronic, using a device, or trade name.

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Jurat

Part of an affidavit where the notary certifies the document was sworn to.

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Acknowledgment

The act of declaring a deed before a competent officer.

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Thumbmark

A mark made by an affiant using their thumb instead of a signature.

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Witnesses in Jurat

Individuals who can attest to the identity of the affiant in a jurat.

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Validating Identity

Process of confirming an affiant's identity, usually through ID or witnesses.

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Affiant's Capacity

Understanding if the affiant has the ability to sign, like being literate or not physically impaired.

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Jurat Types

Different forms of jurats based on the affiant's identity evidence and witness credibility.

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Notary Public

An official authorized to witness signatures, administer oaths, and certify documents.

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Oath or Affirmation

A pledge made by an individual promising the truth of their statements.

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Competent Evidence of Identity

Proof that an individual is who they claim to be, such as ID verification.

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Integrally Complete Instrument

A document that is complete and ready for acknowledgment without any missing parts.

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Transfer of Title

The process of transferring ownership from one party to another via documents.

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Notarial Certification

A certification by a notary verifying that the requirements of the legal transaction have been met.

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Mandatory Continuing Legal Education (MCLE)

Ongoing training required for legal professionals to maintain their knowledge and skills.

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Notarial Register

A record documenting notarized transactions including document details.

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Personally Known Affiant

An affiant the notary public recognizes without needing evidence of identity.

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Affiant

An individual who makes a sworn statement in an affidavit.

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Thumbmark Signature

A method for illiterate, blind, or impaired affiants to sign documents.

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Credible Witness

A witness who verifies an affiant’s identity or actions in front of a notary.

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Jurat Form No. 1

For affiants known to the notary without needing ID verification.

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Jurat Form No. 2

For affiants who are strangers to the notary with valid proof of identity.

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Notary Public Responsibilities

Notary must verify identity, administer oaths, and document sworn statements.

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Witness

A person who sees an event, typically related to the signing of a document.

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Language comprehension

Understanding the language in which an affidavit is explained.

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Legal capacity

The ability to understand and execute legal documents.

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Certify

To formally attest or confirm the authenticity of a document.

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Study Notes

Affidavit Definitions

  • An affidavit is a written statement of facts, voluntarily executed and confirmed by the affiant and signed before a notary public or authorized officer.

Essential Parts of an Affidavit

  • Venue (location) where the affidavit is made
  • Affiant's name, status, citizenship, and address
  • Statement that the affiant was duly sworn
  • Matters of fact declared and sworn to by the affiant
  • Signature of the affiant
  • Jurat (notary public's signature and seal) and other required information.

General Elements of an Affidavit

  • A written oath representing facts sworn to by the affiant
  • The affiant's signature
  • Attestation by an authorized officer that the affidavit was sworn before them.

Affidavit Not Considered "Lawful"

  • Signed outside the officer's presence
  • No oath administered

Affidavit Signature

  • Must be signed by the person preparing; manually or electronically
  • Can be made using a trade name or assumed name
  • Shows the author's knowledge of the facts in the affidavit.

Jurat

  • Certifies the document was signed and sworn to before the officer.

Acknowledgment

  • Act of declaring a document to be one's act or deed before a competent officer or court.

Jurat and Acknowledgment

  • A single transaction where an individual presents a document to a notary, is identified, signs the document, and declares the instrument/document to be their act.

Notary Public Requirements for an Affidavit (in a Document)

  • The notary's full name/title
  • Notary's official roll number
  • Commission expiration date
  • IBP official receipt number
  • Professional Tax receipt number
  • Mandatory Continuing Legal Education (MCLE) compliance or exemption details
  • Office address
  • Phone/fax/email address

Forms of Affidavit

  • Depending on the affiant's personal knowledge, literacy, or impairments in signing

  • Affiant is personally known to the notary: no further evidence required

  • Affiant is not known to the notary: valid evidence of identity required; and if illiterate, blind or physically impaired, witnesses might be required, with specific considerations for thumbmarks.

  • Affidavit with thumbmarks, requires witnesses and acknowledgment

  • Notary public's official seal is sufficient for authentication

Consequences of False Affidavit

  • Perjury is a crime, punishable by up to 2 years and four months imprisonment.

Affidavit Taking in Another State

  • Affidavits from another state require an accompanying certificate authenticating the notary's authority.

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