Legal Forms
ACKNOWLEDGMENT
5:52 AM
Acknowledgment is a statutory act
such that only those instruments that are required by law to be acknowledged
shall be acknowledged; it is also a personal act such that it cannot be
acknowledged by a person other than the one who executed it. (Suarez,
2007)
Examples of
instruments that must be acknowledged
a.
Deeds
b.
Conveyances
c.
Mortgages
d.
Leases
e.
Releases and discharges affecting lands whether registered under Act 496 or
unregistered
If not acknowledged, such documents
will not be accepted by the Register of Deeds for registration (Suarez, 2007)
The
person who executed the instrument is the one who executes an acknowledgment.
An acknowledgment
is made
in documents where there is transfer or conveyance of title to property,
transmission of rights or manifestation of agreement of parties (fulfilment of
a prestation to give, to do or not to do)
Note: It should be used only in contracts, never in
affidavits or sworn statements. (Albano, Albano, Jr. and Albano, 2004)
Meaning of Scilicet
or “S.S.”
A:
“S.S.” literally means more particularly (Suarez, 2007), to wit, or namely
(Guevara, 2010).It is used to particularize a general statement. (Ibid)
In
notarized documents, it indicates that the legal document was executed in the
designated place within that particular jurisdiction for such an act.
The
omission of “SS” in
a legal document is not material so as to invalidate it. (McCord, et al. v.
Glenn, 6 Utah 139, 21 Pac. 500; Guevara, 2010)
SAMPLE
FORM:
[1] ACKNOWLEDGMENT
[2]
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________)
CITY/MUNICIPALITY OF _______) S.S.
[3]
BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day of
_____, 2016, personally appeared the following persons
[4] NAME [5]
IDENTIFICATION [6] DATE AND PLACE
OF ISSUANCE
_____________ _________________ _______________________
_____________ _________________ _______________________
[7]
Known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free and voluntary act and deed [8]
and of the corporations herein represented.
[9] This instrument refers to a (title of
document) and consists of ___ pages including the page on which this
acknowledgment is written and signed by the parties and their instrumental
witnesses on each and every page thereof.
[10] WITNESS MY HAND AND SEAL on the date and
at the place above written.
[11]
JOHN COVER
NOTARY
PUBLIC
Quezon City
Appointment
No. ____
Until
December 31, 2016
Roll
no. ____
PTR
no. ____, date of issue, place of issue
IBP
no. _____, date of issue, place of issue
Office
Address:
Email:
Contact
Number:
[12]
Doc. No._____;
Page
No. ____;
Book
No.____;
Series
of 2011.
PARTS OF
ACKNOWLEDGMENT
[1]
Title of the notarial act
[2]
Place of execution
[3]
Date
[4]
Name of person acknowledging the document (as well as name/s of the entity/ies
being represented, if such is the case)
[5] Competent evidence of identity presented
[6]
Date and place of issue of the competent evidence of identity presented
[7]
Acknowledgment made to the notary public that it is the person’s voluntary act
and deed
[8]
If executed in a representative capacity, a statement to that effect.
[9]
Type of document executed and number of pages
[10]
Notarial certificate
[11]
Identity of notary public
[12]
Details of the notarial register
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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