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Public Advisory: Apostille Convention on Authentication of Documents Question-and-Answer on Authentication Through Apostille

Takes Effect in PH on 14 May 2019


1. What is an Apostille and when do I need one?
07 May 2019 — The Department of Foreign Affairs (DFA)—Office of
Consular Affairs wishes to inform the public that it will no longer issue An Apostille is a certificate that authenticates the origin of a public
Authentication Certificates from 14 May 2019. Instead, the DFA will affix an document. It is issued by a country that is party to the Apostille Convention
Apostille to documents for use abroad as proof of authentication for use in to be used in another country which is also a party to the Convention.
Apostille-contracting parties.
On 14 May 2019, the Philippines will officially become a party to the
After authentication by the DFA, there is no more need for authentication Apostille Convention. Authentication is still required for all Philippine
(legalization) by the concerned Foreign Embassies or Consulates General if documents to be used abroad, but this time with an Apostille instead of an
the country or territory of destination of the authenticated document is Authentication Certificate ("red ribbon") as proof of authentication.
already a member of the Apostille Convention.
After authentication (Apostillization) by the Department of Foreign Affairs -
Public documents executed in Apostille-contracting countries and Office of Consular Affairs (DFA-OCA), as Competent Authority, there is no
territories (except for Austria, Finland, Germany and Greece) to be used in more need for authentication (legalization) by the Foreign Embassies or
the Philippines no longer have to be authenticated by the Philippine Consulates except for countries that have not acceded to the Convention
Embassy or Consulate General once Apostillized. and countries that objected to the Philippine accession.

However, in countries and territories which are not Apostille-contracting


parties, the previous process of authentication applies.  Documents still 2. What is the benefit of an Apostille and how is it different from the
have to be authenticated by the Philippine Embassy or Consulate General Authentication Certificate ("Red Ribbon")?
before they can be used in the Philippines.  Also, there is still a need for
authentication (legalization) by the concerned Foreign Embassies or The Apostille streamlines the whole authentication procedure of
Consulates General if the country of destination of the authenticated documents for use abroad resulting to more convenience, less cost and
document is not yet a member of the Apostille Convention. processing time for the applicants. Before Apostille, a Philippine document
to be used abroad needs a Certification by the relevant government
Authentication fees will remain at PhP100 (regular processing) and PhP200 agency or office, Authentication by the DFA and Authentication
(expedited processing) per document.  (Legalization) by the Embassy of the country of destination.

With the Apostille, the aforementioned document will no longer require


legalization by the Foreign Embassy if the country of destination is already
a Member of the Apostille Convention (or an "Apostille Country.") Once
Apostillized, the document can be validly used in any and all Apostille
Countries.
Moreover, an Apostille may never be used for the recognition of a
3. In which countries does the Apostille Convention apply? document in the country where that document was issued. Apostilles are
strictly for the use of public documents abroad. Thus, if your document is
The Apostille Convention only applies if both the country where the public to be used in the Philippines, it cannot be submitted to the DFA for
document was issued and the country where the public document is to be authentication/Apostillization
used are parties to the Convention. For the updated list of all "Apostille  
Countries," please visit this
link: https://www.hcch.net/en/instruments/conventions/status-table/? 6. How is much is an Apostille?
cid=41
For now, payment for the DFA-OCA's Authentication Service is the same:
Aside from countries that have not yet acceded to the Apostille Php100.00 for Regular Processing (i.e., released after four working days)
Convention, the Philippine Apostille will not apply to Austria, Finland, and Php200.00 for Expedited Processing (to be released the following
Germany and Greece. Documents from and to such countries will still business day).
require legalization by the concerned Embassy or Consulate.
 
7. Where can I avail of the Apostille? 
4. What do I do if the country where I need to use my public document is
not an Apostille Country? The Apostille is available in all Authenticating Units of the DFA: DFA-
Aseana; DFA NCR-Northeast (Ali Mall); DFA NCR-East (SM Megamall); DFA
By 14 May 2019, DFA-OCA will issue Apostille Certificates to all documents NCR-West (SM Manila); DFA NCR-South (Metro Gaisano Alabang); DFA San
submitted for authentication. If your public document is to be used in a Fernando, Pampanga; and soon, DFA Davao (SM Davao) and DFA Cebu
country where the Apostille Convention does not apply, you should (Pacific Mall-Metro Mandaue).
contact the Embassy or Consulate of the country where you intend to use
the document in order to find out what your options are. This usually
means that you need to present your documents to the said country's 8. I am an Overseas Filipino, how will the Apostille Convention affect me?
Embassy or Consulate in the Philippines for its authentication/legalization.
Just as Philippine documents for use in Apostille countries will no longer
You may also ask the intended recipient of your document whether an need to pass through another authentication by the foreign embassies in
Apostille is necessary in your particular case. Manila after they have been authenticated (Apostillized) by the DFA-OCA,
foreign documents from Apostille countries will only need Apostillization
by the host government for them to be validly used in the Philippines or in
5. To which documents does the Apostille Convention apply? another Apostille country. (Note: DFA-OCA will not authenticate/Apostillize
all types of foreign documents.)
The Philippine Apostille will apply to the same types of documents that are
subject to authentication by the DFA prior to the effectivity of the Apostille There shall be no change in the authentication process in non-Apostille
Convention in the Philippines. countries and in Austria, Finland. Germany and Greece.
Each Apostille Country is required to keep a register in which it records the
9. What if I still want my document, executed in an Apostille country, to date and number of every Apostille it issues, as well as information relating
be authenticated by the Philippine Embassy? to the person or authority that signed or sealed the underlying public
document. Recipients may contact the Competent Authority identified on
By 14 May 2019, Philippine Embassies/Consulates shall no longer the Apostille and ask whether the information on the Apostille
authenticate documents originating from Apostille countries. Such corresponds with the information in the register.
documents will still need the Apostille from the host government but not
the authentication by the Philippine Embassy/Consulate. In order to verify a particular Apostille, recipients may contact the
Competent Authority. Contact information for the Competent Authorities,
Embassies and Consulates are not authorized to issue an Apostille. including phone numbers and website information, is available in the
However, Philippine Embassies/Consulates shall continue to provide Apostille Section of the Hague Conference
acknowledgement and jurat services to walk-in applicants regardless of website: https://www.hcch.net/en/instruments/conventions/authoritiesl /
whether the origin of the document is an Apostille country or not. ?cid=41.

  Issued Philippine Apostilles may be verified through this


10. What are the effects of an Apostille? link: www.dfa.qov.ph/verify-apostille. You may also scan the QR Code on
the Apostille, using your smartphone, for a quick access to the verification
Just like the Authentication Certificate (or "red ribbon"), an Apostille only link.
certifies the origin of the public document to which it relates: it certifies
the authenticity of the signature or seal of the person or authority that
signed or sealed the public document and the capacity in which this was PHILIPPINES APOSTILLE – SPECIAL POWER OF ATTORNEY
done.
Do you need to apostille a Special Power of Attorney (SPA) for the
An Apostille does not certify the content of the public document to which Philippines?
it relates.
On May 14, 2019, the Philippines joined the Hague Apostille Convention. 
An Apostille may never be used for the recognition of a document in the Documents destined for the Philippines  no longer requires the red ribbon
country where that document was issued — Apostilles are strictly for use from the Philippines Embassy or Consulate office.   The apostille issued by
of public documents abroad. Thus, DFA-OCA will not issue an Apostille for the Secretary of State is sufficient for the special power of attorney to be
documents that will be used in the Philippines. accepted in the Philippines.

  For example, if you are in California, all you need to do is meet with a local
notary public and mail in the power of attorney with our California
11. If the recipient of my Apostille wants to verify my Apostille, what
apostille order forms for processing.
should I suggest?
In order to apostille the special power of attorney, it must first be signed Philippines after complying with the simple two-step procedure below,
and notarized.  Please meet with a local notary public near you. We can without need of further submitting these documents to the Consulate for
apostille documents signed and notarized in every US state. authentication:
1. The private document can be notarized by any notary public; and
2. The document will be sent to the state government which issued
Once notarized, the next step is to mail in the original notarized document
the commission of the notary public.
with our order forms to our office for processing.  A power of attorney can
only be authenticated from the State the document was notarized in. The
Local notaries public may also be consulted regarding the Apostille
notary must be commissioned and use proper notarial wording.
process, and may offer more convenient or expedited services.
Notarization services may still be provided by the Philippine Consulate
The Secretary of State does not have the authority to authenticate General in Houston only under exceptional circumstances and on a case to
documents notarized in other States. For example, if your power of case basis.
attorney was signed and notarized in the State of California, then your
notarized document can only receive a California apostille.  Another
example is if your power of attorney was signed and notarized in the State
of New York, then your notarized document can only receive a New York
apostille.

Some States require a notarized document to also be authenticated by the


County Clerk before the state will attach the apostille (two steps).  These
States are: Hawaii, Kentucky, Maryland, New York, and Tennessee.

We recommend that your power of attorney be prepared by a professional


from the Country requesting it. For example, if the Country of the
Philippines is requesting a signed and notarized special power of attorney,
we recommend that an attorney or paralegal in the Philippines prepare
your document.  Some US States will not apostille a document written in a
foreign language.  In order to avoid this, we recommend your documents
to be written in English.

PROCEDURE FOR PRIVATE DOCUMENTS

Private documents such as Special Power of Attorney (SPA), Affidavits,


private contracts, or business-related documents may be used in the

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