Affidavit vs Acknowledgment

Affidavit is written declaration made under oath; a written statement sworn to be true before someone legally authorized to administer an oath. Hence it is a declaration of facts under an oath or affirmation before an authorize official.

Purpose: An affidavit is use in the court proceedings to provide factual evidence or to prove up documents, records or evidence.

Affidavit is commonly known as “Jurat”.

Jurat in the legal sense is the name given to that part of an affidavit containing the actual oath or affirmation.

In executing the Jurat, :

a. a notary guarantees that the signer personally appeared before the notary, b. was given an oath or affirmation by the notary attesting to the truthfulness of

the document, andc. Signed the document in the notary's presence.

JURAT:

“SUBSCRIBED and sworn to before me, in the city / municipality of __________________, this ________ day of _____________ , 20 ______ by _________________________ with Residence Certificate No. ___________________ issued at _____________________ on __________________ , 20 _________.

NOTARY PUBLIC My commission expires Feb. 31, 20 ___

Not. Reg. No _____________;Page __________ ; Book ___;Series of 20 ___

Republic of the Philippines

Department of Justice

National Prosecution Service

OFFICE OF THE CITY PROSECUTOR

Makati City

AFFIDAVIT OF DESISTANCE

  WE, FERDINAND M. CASTRO and ROWENA A. CASTRO, Filipinos, of legal ages,

husband and wife, respectively, and residents of 106 Sisa Street, Sampaloc, Manila after

having been duly sworn to in accordance with law, depose and state:

1. We are the private complainant in a criminal case for Reckless Imprudence Resulting to

Damage to Property against Joel O. Castillo docketed as IS No. XV-05-INV-10G-01000 before

the Office of the City Prosecutor, Makati City

2.  In this regard, the accused has already paid the damage to our vehicle;

3. In view of the payment by the accused and considering that Rowena A. Castro was not

injured, we would like to manifest that we now completely and absolutely exonerate the

accused from any liability in connection with the above-mentioned criminal case and that we

are no longer interested, and we hereby desist, in prosecuting the said criminal case;

4. As such, we respectfully pray that the aforementioned case against Joel O. Castillo be

withdrawn and/or dismissed.

IN WITNESS WHEREOF, we have hereunto set our hands this ___________________ in

_______________, Philippines.

 SUBCRIBED AND SWORN TO before me this ___________________ in

_________________, Philippines, affiants exhibiting to me their valid proofs of identification.

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of 2013.Acknowledgement Unlike a jurat (which requires a sworn oath), an acknowledgment is to merely confirm the identity of the document signer and acknowledge that they signed the document.

FERDINAND M. CASTRO

Affiant

Philippine Passport  No. _____

Issued at: ________________

Issued on: ________________

ROWENA A. CASTRO

Affiant

Philippine Passport  No. _____

Issued at: ________________

 Issued on: _______________

If the document was signed outside the notary’s presence, the document signer must make a personal appearance before the notary to confirm it is their signature prior to the document being notarized.

Again, there is no exception to the requirement of a personal appearance before the notary.

In the book of Pena, he discussed the sale of Agricultural land which is forbidden unless accompanied by an affidavit subscribed by the vendor declaring that he has given required notices to the redemptioners. Under Article 1623 of the Civil Code, where the sale involves possible right of legal redemption or pre-emption, the Registry of Deeds is forbidden to register the deed of sale accompanied by affidavit as stated above.

Right of Pre-Emption is a right where the lessee has the preferential right to buy the land actually cultivated by him under reasonable terms and conditions. While Right of Redemption, is the right where the lessee can redeem the land at a reasonable price if the latter has no knowledge that the Lessor sold the land to a third person.

Attachment

An attachment, or a copy of any writ, order or process issued by a court of record, intended to create or preserve any lien, status, right, or attachment upon registered land

1. Registration : a. It shall be filed and registered in the Registry of Deeds for the province or

city in which the land lies, and, b. in addition to the particulars required in such papers for registration, shall

contain a reference to the number of the certificate of title to be affected and the registered owner or owners thereof, and

c. also if the attachment, order, process or lien is not claimed on all the land in any certificate of title a description sufficiently accurate for identification of the land or interest intended to be affected.

d. A restraining order, injunction or mandamus issued by the court shall be entered and registered on the certificate of title affected, free of charge.(Section 69 of PD1529)

1a. Duty of the Clerk of Court if the duplicate certificate of title is not presented at the time of the registration

a. If an attachment or other lien in the nature of involuntary dealing in registered land is registered, and ;

b. the duplicate certificate is not presented at the time of registration,c. the Register of Deeds shall, within thirty-six hours thereafter, send notice

by mail to the registered owner, stating that such paper has been registered, and

d. requesting him to send or produce his duplicate certificate so that a memorandum of the attachment or other lien may be made thereon.

e. If the owner neglects or refuses to comply within a reasonable time, the Register of Deeds shall report the matter to the court, and it shall, after notice, enter an order to the owner, to produce his certificate at a time and place named therein, and may enforce the order by suitable process. (Section 71 of PD 1529)

1b. Registration of Entry of any court process that reduces, dissolves, or discharges the writ of attachment

Registration of orders of court, etc. a. If an attachment is continued, reduced, dissolved, or otherwise affected

by an order, decision or judgment of the court where the action or proceedings in which said attachment was made is pending or

b. by an order of a court having jurisdiction thereof, a certificate of the entry of such order, decision or judgment from the clerk of court or

c. the judge by which such decision, order or judgment has been rendered and under the seal of the court, shall be entitled to be registered upon presentation to the Register of Deeds.(Section 73 of PD1529)

2. Nature and Effect of Attachment: a. An attachment is in the nature of a proceeding in rem, it being against a

particular property attached. b. The attaching creditor thereby acquires a specific lien upon the attached

property which ripens into a judgment against the res when the order of sale is made.

c. It is a vested interest, an actual and substantial security, affording specifi c security for satisfaction of the debt and is as specifi c as if created by virtue of a voluntary act of the debtor and stands upon as high equitable grounds as a mortgage lien

3. Description of property attached : Under Section 71 of Act No. 496, and Rule 57, Section 7, of the Rules of Court,

a. it is expressly required that copy of the order or writ of attachment be filed with the Register of Deeds and

b. that in the description of the property being attached not only that there be mentioned the numbers of the certificates of title to be affected but COMMON PROBLEMS IN PRACTICE AND PROCEDURE BEFORE REGISTRIES OF DEEDS INCIDENT TO SUBSEQUENT REGISTRATION REGISTRATION OF LAND TITLES AND

c. DEEDS 702 also that there be reference to the volume and page in the registration book where the certifi cates are entered or registered(LRC Consulta No. 55, Register of Deeds of Albay)

4. Title of defendant attached when in name of different persono While it is true that the Register of Deeds may properly reject to

register an attachment where it appears that the titles involved are not in the name of the defendants, that rule yields to a case where there is evidence submitted to indicate that said defendants have present or future interests in the property covered by said titles, regardless of whether they still stand in the names of other persons.

o The fact that for the present the interests of said defendants are yet indeterminate, and even though there was no judicial declaration of heirship, is of no consequence for the purposes of registering the attachment in question

o inasmuch as after all what is being attached and what may later be sold at public auction in pursuance of such attachment cannot be anything more than whatever rights, titles, interests, and participations which the defendants may or might have in the property so attached.

o In other words, if they had actually nothing in the property, then nothing is affected and the property will remain intact(LRC Consulta No. 65, Register of Deeds of Albay, pet., July 9, 1555).