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An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to
administer an oath (e.g. a notary public). The person making the signed statement (affiant) takes an oath
that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other
judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath
when doing so. These documents are valuable to presenting evidence in court when a witness is
unavailable to testify in person. Affidavits may preserve the testimony of persons who are unable to
appear in court due to illness, incarceration, moving out-of-state, death, etc. Judges frequently accept an
affidavit instead of the testimony of the witness and are used in place of live testimony in many
circumstances (for example, when a motion is filed, a supporting affidavit may be filed with it).

SWORN STATEMENT

I, ___________________________________, of legal age, currently residing at


____________________________________________________________________________________
______________________________________________________________________, after having
been duly sworn in accordance with law, do hereby depose and state that:

1. I am a non-resident Filipino citizen/ Overseas Filipino Worker (OFW) with proof of permission
to work abroad as evidenced by my _______________________________ (choose any of
the following if applicable: Working Visa, Working Permit, POEA ID or POEA
Certificate) with number ___________________."

2. My source of income is from outside the Philippines and I do not derive any income from
Philippine sources. As such, I am not required to file an Individual Income Tax Return (ITR) in the
Philippines.

3. Likewise, I have never applied for and been issued a TIN.

4. I am executing this Sworn Statement to attest to the truth of all the foregoing statements and for
whatever legal purposes it may serve.

5. I undertake to immediately inform HSBC and submit the ITR annually in the event that I have
income earned from sources within the Philippines. My failure to do so will be considered a
breach of the terms and conditions of my loan with HSBC.

IN WITNESS THEREOF, I have hereunto set my hand this ___ day of __________ 200_.
__________________________________________

Affiant (affix signature above printed name)

Republic of the Philippines )

City of __________ ) S.S.

SUBSCRIBED AND SWORN TO before me this ___ day of __________ 201__ affiant exhibiting
before me his/her Community Tax Certificate No. ____________________ issued on
___________________ at _____________________ and __________________________ I.D. issued on
_________________________ and will expire on _________________________.

Doc. No.
Page No.
Book No.
Series of 200__.

2. An affidavit generally consists of statements of fact regarding the issue at hand, with a section at the
bottom for the affiant to swear to the truth of the statements made and affix his/her signature, which is
then notarized in a jurat. Three essential elements must be satisfied to constitute a complete affidavit.
They are:

-a written oath representing the facts as sworn to by the affiant;

-the signature of the affiant; and

-the attestation by an officer authorized to administer the oath that the affidavit was actually sworn by
the affiant in the presence of that officer.
affidavit typically includes a title or caption, signature of the affiant, the jurat, and the body of the
instrument. An affidavit should also state the venue. The substance of the document makes it an
affidavit. If the affiant is competent to testify to the contents of the affidavit at trial, then mere technical
deficiencies do not render the affidavit improper.

3. An acknowledgment certificate indicates that the signer:

a) personally appeared before the Notary,

b) was identified by the Notary, and

c) acknowledged to the Notary that the document was freely signed.

Contrary to popular belief, documents requiring acknowledgments do not need to be signed in the
notary’s presence in most states even though the latter would be highly preferred whenever possible.

The confusion comes from the fact that the signer must appear before the Notary at the time of
notarization to acknowledge that he or she freely signed for the purposes stated in the document.

On the other hand, documents requiring a jurat must be signed in the Notary’s presence, as dictated by
the typical jurat wording, “Subscribed (signed) and sworn to before me…”

In executing a jurat, a notary guarantees that the signer:

a) personally appeared before the notary,

b) was given an oath or affirmation by the notary, and finally

c) signed in the Notary’s presence.

While it is important for a notary to understand the difference between an acknowledgment and a jurat,
notaries public are not allowed to determine which type of certificate a signer uses. To do so would be
considered practicing law without a license.
A notary can only ask the signer which form they prefer. If they don’t know, the notary will refer them to
the source of the document for an answer.

An alternative for a signer who cannot ascertain which certificate to use would be to ask the notary to
affix both types which is a perfectly acceptable request.

To summarize, the key difference between a jurat vs acknowledgment is that the former is used primarily
when dealing with sworn statements and the latter typically applies to documents that must be signed in
front of an unbiased independent witness also known as the. notary.

4. Legal opinion in the broad sense refers to a written statement by a court, judicial officer, or legal
expert as to the legality or illegality of an action, condition, or intent. It can be a written document in
which an attorney provides his or her understanding of the law as applied to assumed facts.

5. Parts of a Legal Opinion inudes:

1. Title and Heading

2. Introduction

3. Brief Summary of decision

4. Facts/Background

5. Standard of Review

6. Issues/Analysis

7. Legal Reasoning

8. Holding

9. Conclusion

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