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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

An affiant, Roberto Castillo, executes a sworn affidavit of ownership for a motor vehicle in the office of Notary Public Liza Santos in Cebu City. The jurat at the end reads: "Subscribed and sworn to before me this 15th day of August 2023, at Cebu City, Philippines, by Roberto Castillo, who personally appeared before me and swore to the truth of the foregoing instrument." The body of the instrument contains an internal clause stating: "I hereby acknowledge before the notary that I executed this document and that the facts herein are true." The affiant presented a government-issued ID to prove identity. The notary's commission is valid, and the place and date are included in the jurat. (a) Is the jurat valid? (b) What is the effect on the notarization and the instrument's admissibility as evidence? (c) What remedial steps should be taken to cure the deficiency, if any?

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The jurat is valid; the internal clause has no effect; The instrument remains admissible without any remedial action, and the notary’s seal suffices to cure any minor defect. The jurat is valid and the instrument may be used as evidence of ownership as long as the affiant signed; The "acknowledge" clause is irrelevant; No remedial action is required. Regardless of any defect in the jurat, the notarial seal makes the instrument presumptively authentic and admissible as evidence. The jurat is invalid because the body uses "acknowledge" rather than "sworn," so the oath did not occur; The remedy is for the affiant to reappear and re-notarize to administer the proper oath before the notary.

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