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Affidavits and Motions

Affidavit

any written document signer swears under oath before a notary public or someone authorized to take oaths the statements in the document are true

Essential Parts of an Affidavit


1.

The venue. - the place where the notary is performing the notarial act.

REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S. The letters "SS." is the "scilicet," which means "namely," or "more particularly described as."

Essential Parts of an Affidavit


2.

Body of the affidavit the sworn statement of the affiant The signature of the affiant. Jurat the "subscribed and sworn to" clause. "Subscribed and sworn to before me this _____ day of ____________________, 20____."

3.

4.

Essential Parts of an Affidavit


5.

The signature, seal, and commission expiration date of the notary. The document entry in the books of the notary public.

6.

Essential Parts of an Affidavit


Affidavits before the public prosecutor must be certified that the public prosecutor personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.

Motion

an application for relief generally in writing

Contents of a Motion
1.

the relief sought to be obtained grounds upon which the relief sought are based supporting affidavits and other papers, when necessary.

2.

3.

Procedural Requirements
1.

General Rule: every written motion shall be set for hearing must be served to the other party at least three (3) days before the date of hearing notice of hearing proof of service

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