CONTENTS

How do I end a deed of sale?
Where can I find a Notary Public?
What is an acknowledgment and how does it look like?
How about a "jurat", what it is and how does it look like?
What is the "scilicet" and is its significance?
What is the usual starting paragraph of an affidavit?
In what transactions do you need the consent of the spouse (marital consent)?








How do I end a Deed of Sale?

           Deeds of Sale, whether of real estate or chattel (personal property) are always followed by ACKNOWLEDGMENT as distinguished from JURAT. See forms of acknowledgment and jurat in subsequent numbers in this section.


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Where can I find a Notary Public?

           Notaries Public are generally lawyers who applied for commission in their respective area (province, city or municipality) through the Regional Trial Court's Clerk of Court. The commission is usually good for two years and that is found at the bottom of the title Notary Public indicated thus: "Until December 31, 2003". In this particular case, this means that the Notary Public's commission to notarize started at anytime during the year 2002, depending upon what month he actually applied in his area's RTC.

           Following the first sentence import, not all lawyers are notary public although generally all notaries public are lawyers, except only in remote towns or provinces where there are no lawyers in which case any person of good moral character and integrity may apply for commission at the nearest RTC.


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What is an "Acknowledgment" and how does it look like?

           Acknowledgment at the end of every deed, conveyances, mortgages, leases and discharges affecting real estate is usually constructed thus:

a) Ordinary Acknowledgment Form


REPUBLIC OF THE PHILIPPINES  ) S.S.
CITY OF MANILA                              )

           BEFORE ME, a Notary Public in and for the City of Manila, this ___day of _________, 2003, personally appeared___________________with Community Tax Certificate No. ____________ issued at __________on __________2003, known to me and to me known to be the same person who executed the foregoing instrument and he acknowledged that the same is his own free and voluntary act and deed.



b) Acknowledgment Form for Sales of Real Property (consisting of two or more pages and conveying two or more parcels of land)


(scilicet)

           BEFORE ME, a Notary Public in and for the City of Cebu, this ___ day of November, 2003, personally appeared ______ with Com. Tax Cert. (CTC) No. _____ issued at ___ on ____ and _______ with CTC No. _____ issued at ____on _____, personally known to me and to me known to be the same persons who executed the foregoing instrument which they signed and acknowledged before as their own free and voluntary and deed.

           The foregoing instrument relates to a DEED OF ABSOLUTE SALE of two (2) parcels of land, consisting of two (2) pages, including this page on which this acknowledgment is written, and has been signed at the bottom and on the left hand margin of the first page thereof, by the parties and their instrumental witnesses, and sealed with my notarial seal.

           WITNESS MY HAND AND SEAL, on the date and place first above written.



Notary Public


Doc. No. ____

Page No. ___

Book No. ___

Series of 2003.


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How about a "jurat" what is it and how does it look like?

           A jurat usually comes after the end of an affidavit or certification, verification and other simple instruments and is constructed thus:

           SUBSCRIBED AND SWORN to before me this ___day of _____,2003 at the City of Manila, affiant exhibited to me his Community Tax Certificate No. ________issued at ________on _______2003.


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What is the "scilicet" and is its significance?

           Scilicet is represented by the double "S.S" at the end of the REPUBLIC OF THE PHILIPPINES and the CITY/PROVINCE/MUNICIPALITY of jurisdiction of the Notary Public, hence it denotes venue of execution of the instrument or document.

Standard Form of Scilicet:

REPUBLIC OF THE PHILIPPINES   )
PROVINCE OF SORSOGON             ) S.S.
MUNICIPALITY OF PILAR               )

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What is the usual starting paragraph of an affidavit?

           (Name of person executing document), of legal age, single/married, address, after having been duly sworn to according to law hereby depose and state:


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In what transactions do you need the consent of the spouse (marital consent)?

           The husband cannot alienate or encumber (dispose of) real property which is conjugal in nature without the wife's consent. In the event that the title (TCT) of the property involved is registered in the name of the wife and she is described as "married to ____", then in this instance consent of the husband is likewise required.


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