- Information
- AI Chat
Joasc
juris doctor (law1)
Saint Louis University (Philippines)
Recommended for you
Preview text
DEFINITION OF JOASC
Jurat. - “Jurat” refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identiied by the notary public through competent evidence of identity as deined by these Rules; (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or airmation before the notary public as to such instrument or document.
Oath. - The term “Airmation” or “Oath” refers to an act in which an individual on a single occasion: (a) appears in person before the notary public; (b) is personally known to the notary public or identiied by the notary public through competent evidence of identity as deined by these Rules; and (c) avows under penalty of law to the whole truth of the contents of the instrument or document.
Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an integrally complete instrument or document; (b) is attested to be personally known to the notary public or identiied by the notary public through competent evidence of identity as deined by these Rules; and - (c) represents to the notary public that the signature on the instrument or document was voluntarily aixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.
Signature Witnessing. - The term “signature witnessing” refers to a notarial act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identiied by the notary public through competent evidence of identity as deined by these Rules; and (c) signs the instrument or document in the presence of the notary public
Copy Certiication. - “Copy Certiication” refers to a notarial act in which a notary public: (a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; (b) copies or supervises the copying of the instrument or document; (c) compares the instrument or document with the copy; and (d) determines that the copy is accurate and complete.
Public Attorney’s Oice vs. Fiscal
A public attorney is a lawyer who advises and represents a person in legal matters without compensation. On the other hand, a iscal is a public oicial having control over public revenues. Process in iling a motion.
As deined on the Rules of Court, Rule 15, Section 1, “A motion is an application for relief other than by a pleading”
In iling a motion in the court, the person must go to the receiving are where the papers will be received by the iscal. Later on, the papers will be received for scheduling of the hearing of the case.
A. No. 02-8-13-SC (2004 Rules on Notarial Practice) RULE III – COMMISSIONING OF NOTARY PUBLIC Sec. 1. Qualiications
- citizen of the Philippines;
- over twenty-one (21) years of age;
- resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued;
- member of the Philippine Bar in good standing with clearances from the Oice of the Bar Conidant of the Supreme Court and the Integrated Bar of the Philippines; and
- must not have been convicted in the irst instance of any crime involving moral turpitude. _[if no one of necessary qualiications is available or if qualiied persons refuse appointment, a notary public does not have to be a lawyer. The following may be appointed as notaries: 1. Those who have passed studies of law in a reputable university;
- Clerk or deputy clerk of court for not less than 2 years.]_
Sec. 2. Form of petition and supporting documents:
a. statement containing personal qualiications, birth date, residence, tel. no., professional tax receipt, roll no., IBP membership no. b. certiication of good moral character by local chapter of IBP & SC c. proof of payment d. 3 recent passport size pictures (light background) & 3 specimen signatures
Sec. 11. Jurisdiction and term:
Notarial acts may be performed in any place within the territorial jurisdiction of the commissioning court for a period of 2 years from the irst day of January of the year in which commissioning is made, unless earlier revoked or notary public has resigned.
[Place of notarization:
General rule: notary public’s regular place of work.
Joasc
Course: juris doctor (law1)
University: Saint Louis University (Philippines)
