The Notarial Certificate: Jurat vs. Acknowledgment in Cebu City
Before proceeding, let us identify and name the section where the lawyer’s signature appears. That section is called the notarial certificate. It is usually a part of the document being notarized, found at the end thereof, but it can also be an attachment to that document.
When we refer to a “lawyer” in this case, we mean a notary public. In Cebu City, not all lawyers are notaries public. To become a notary public, the lawyer must apply for a notarial commission.
There are two commonly used notarial certificates:
- The Jurat: Used when a person swears under oath before a notary public that the statements in a document are true.
- The Acknowledgment: Confirms that the person signing a document did so voluntarily and for the purpose stated in the document. To illustrate, let us say that Mr. C brings a Deed of Sale before Atty. B. In the deed, Mr. C is indicated as the seller of a parcel of land. If Atty. B attaches an acknowledgment on the Deed of Sale, he is really saying that Mr. C affirmed to him (1) that he voluntarily signed the deed, (2) that he is selling his land, and (3) that no one forced him or threatened him into executing the document.
Choosing the correct certificate is vital. For instance, an Affidavit of Loss requires a jurat, while a Deed of Sale requires an acknowledgment. The distinction is important because using the wrong certificate can invalidate the document and have legal repercussions.
Why is Notarization Necessary in Cebu City?
A document without notarization has very limited power. It is only considered a private document, binding only the signatories. It has no effect on third parties and little evidentiary value. Notarization changes that. A notarized document in Cebu City automatically becomes a public document, enjoying presumptions of authenticity and due execution.
In Cebu City, notarization is crucial for several reasons:
- Legal Validity: Notarized documents are recognized as authentic and admissible in court.
- Government Acceptance: Government offices require notarized documents for various transactions.
- Fraud Prevention: Notarization helps deter fraud by verifying the signer’s identity and intent.
- Business Transactions: Notarization is essential for contracts, agreements, and real estate transactions in Cebu City.
Why Are Notarial Fees in Cebu City Justified?
Notarization is not merely stamping and signing. It is an act of empowerment, transforming an ordinary piece of paper into a powerful legal instrument. Notarial fees compensate for more than just ink and signature.
- Expertise: Notaries public in Cebu City are licensed attorneys with specialized knowledge of notarial law and procedures.
- Liability: Notaries public take on significant responsibility, vouching for the authenticity of documents and the signers’ identities.
- Risk: They face disciplinary action if errors occur, adding a layer of risk that justifies the fees.
The notarial act is a solemn undertaking, and the fees reflect the importance and responsibility of the notary public’s role in upholding the integrity of legal documents in Cebu City.
Notarization and Business in Cebu City
For businesses in Cebu City, notarization is a cornerstone of legal compliance and risk management. It safeguards contracts, agreements, and other critical documents, protecting your company’s interests and ensuring smooth business operations.
Finding a Notary Public in Cebu City
Many law firms in Cebu City offer notarial services. You can search online for “notary public in Cebu City” or ask for recommendations from colleagues and business partners.
Conclusion
When we pay for notarial acts in Cebu City, we pay for the empowering transformation that happens on what would otherwise have been an ordinary piece of paper. We pay for the expertise, responsibility, and legal weight that a notary public brings to your documents.
I hope this demystifies the world of notarization for you!
